rate and distinct township, by the name of Port Lawrence; and the qualified electors, within each of said townships, are hereby authorized and required to meet at some suitable place within such townships respectively, on the first Monday in April next, and elect, according to law, three justices of the peace, within and for each of said townships, three constables, and a competent number of other township officers, as required by the laws of this State: Provided, however, That the township officerd now exercising jurisdiction within said townships, shall be permitted to exercise their functions until said townships shall be duly organized under this act. SEC. 8. That for the purpose of defining, with more certainty, that part of the northern boundary of this State, as declared by this act, which lies west of Lake Erie, it is hereby made the duty of the Governor to appoint three commissioners, whose duty it shall be to re-mark that part of said line, lying west of Lake Erie, (commonly known as Harris's line,) distinctly upon the trees, where they are to be found suitably situated; and where there are no trees suitably situated, they shall erect suitable monuments, with inscriptions plainly marked; and the said commissioners shall be authorized to employ such assistants as they may find to be necessary; and should any of the commissioners to be appointed as aforesaid die, neglect or refuse to act, the Governor shall fill such vacancy as often as the same may occur; and the said commissioners and their assistants shall each receive a sum not exceeding three dollars per day, for the time they may be engaged in the said service, to be settled and paid by the Governor out of his contingent fund, SEC. 9. That it shall be the duty of the commissioners to be appointed by the Governor, to proceed, at as early a day after their appointment as practicable, to the discharge of their duties; and said commissioners shall forthwith report to the Governor, stating the manner in which their duties have been performed. JOHN M. CREED, Speaker of the House of Representatives. PETER HITCHCOCK, Speaker of the Senate. February 23, 1835. SECRETARY OF STATE'S OFFICE, Columbus, Ohio, February 23, 1835. I certify that the foregoing preamble and resolutions and act are true and correct copies of the original rolls thereof remaining on file in this office. B. HÏNKSON, Secretary of State. F No. 3. AN ACT to prevent the exercise of a foreign jurisdiction within the limits of the Territory of Michigan. SEC. 1. Be it enacted by the Legislative Council of the Territory of Michigan, That, if any person shall exercise, or attempt to exercise, any official functions, or shall officiate in any office or situation, within any part of the present jurisdiction of this Territory, or within the limits of any of the counties therein, as at this time organized, by virtue of any commission or authority not derived from this Territory, or under the laws of this Territory, or under the Government of the United States, every person so offending shall, for every such offence, on conviction thereof before any court of record, be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor not exceeding five years, or both, at the discretion of the court. SEC. 2. And be it further enacted, That if any person residing within the limits of this Territory, shall accept of any office or trust from any State or authority other than the Government of the United States or Territory of Michigan, every person so offending, shall be fined not exeeeding one thousand dollars, or imprisoned five years, at the discretion of the court before which any conviction may be had. Approved, February 12, 1835. : EXECUTIVE OFFICE, Detroit, February 19, 1835. SIR I have received the special message of the Governor of Ohio, recommending to the Legislature of that State the passage of a law extending their jurisdiction over the country in contestation with Michigan. I have not yet been directly notified of the passage of this law, although I have been informed, from a source which may be confidently relied on, that it will receive the sanction of almost a unanimous vote of both branches of the Legislature. Should this law pass, of which I have no question, the policy of Ohio will be to obtain jurisdiction over the territory in dispute before the authorities of Michigan are aware of her movements, and thus place us in the wrong, by making her struggle for jurisdiction defensively. This Michigan is called upon to prevent by every means in her power. It is unnecessary to examine the views and arrangements of the Governor relative to our southern boundary, as contained in his message. They are such as have been entertained and advanced on the part of Ohio since the origin of the dispute with us. You are familiar with the grounds taken by Michigan in opposition to the claim of Ohio; and I believe I may confidently assert that, with the exception of a few persons on the extreme border of the disputed territory, who are governed by private considerations, this subject is fully understood by our citizens, and that there exists amongst them but one opinion as to the merits of the controversy. We are the weaker party, it is true, but we are on the side of justice; and, with the guidance of Him who never forsakes the weak, or hesitates to pursue with punishment the unjust, we cannot fail to maintain our rights against the encroachments of a powerful neighboring State. But one feeling, I am happy to say, prevails in every department of society. Whatever may be our local divisions on other questions, on this there exists no division. The cause of Michigan is advocated by the united voice of her freemen. The course now pursued by Ohio is, certainly by Michigan, as it must be by the nation, as much regretted as it was unexpected. In the question of disputed boundary between Michigan and Ohio, that State has always contended that Congress have a right to legislate upon it. Michigan has urged it to be a question for judicial adjustment; but, granting for a moment that Ohio is correct in the power which she has been willing to give to Congress over this subject, does it not seem an unjustifiable, if not an unwarrantable and high-handed, measure, that, while she is still urging the question before that body, she should take the remedy into her own hands, and attempt to seize by force what she has not as yet been able to obtain by the sanction of the Congress of the United States? Under existing circumstances, but one of two courses is left for Michigan to pursue if Ohio continues to persevere in the attempt to wrest from us our territory, as she now meditates-involuntary submission to encroachments upon our rights, or firm and determined opposition to her: the latter, though painful to us, is preferable to the former, and must be decided upon. With this view, I have, with a due regard to the important and delicate task assigned you, concluded to give you the control of the measures necessary to be adopted in consequence of the peculiar and unpleasant relations which, I fear, may soon exist between the civil authorities of Ohio and those of this Territory. It is desirable that your proceedings should be conducted not only with decision and firmness, but with forbearance and discretion. You will use every conciliatory argument and persuasion to induce the officers of Ohio, in the event of the passage of the law contemplated by the Legislature of that State, to desist from all attempts to extend their jurisdiction within the limits of Michigan as they exist. Your own prudence will dictate the necessity and importance of forbearing to use force until all other means shall fail; but, in the event that the officers of Ohio should still persevere in the attempt to exercise their official functions within the limits of any of the organized counties of the Territory, you will promptly and energetically enforce the act of the Legislative Council, a certified copy of which is herewith enclosed to you. The law makes it a criminal offence, under the penalty of imprisonment for five years, and a fine of one thousand dollars, for any officer, other than of this Territory or of the United States, to exercise, or attempt to exercise, any official functions within any part of the present jurisdiction of this Territory. This law must be rigidly enforced, if necessary. You will, however, readily see the importance of using the civil officers of the Territory in all cases where individuals are to be arrested. Your power must necessarily be discretionary. You are authorized to call to your aid, in the event that the posse comitatus of the sheriff is insufficient, any assistance that may be required to resist such strength as the civil and military authorities of Ohio may bring against you. In no event, however, will you call out the militia, until absolute necessity demands it. It is important that no individual should be permitted to hold a commission, either civil or military, under this Territory, who is in the least degree disposed to favor the views of Ohio. To enable me to vacate the commissions of such as are in the interest of Ohio, you will personally visit the inhabitants residing on the disputed tract, and ascertain every individual officer who is in favor, or suspected to be in favor, of the claim of Ohio. Such persons should be immediately removed from office, and you will report them to me without delay. You will also select such persons for civil and military officers as, in your opinion, may be relied upon for discretion and firmness, and for their devotion to the cause of Michigan. Commissions will be issued immediately to such persons as you may de 1 signate. I enclose you a list of the civil officers of Monroe county, which will assist you in your investigations. I have thus, sir, reposed in you a highly important and delicate trust. In so doing, I have evinced to you the high estimate in which you are held as a public officer. Upon your sound judgment, deliberate firmness, discretion, and forbearance, much depends, in the event of a collision with Ohio. Many of the calamities and unpleasant consequences attending such an event may, it is hoped, be avoided; but, should the worst come to pass, you know the duty assigned you, and you are aware of what is expected from you. You will communicate to me your views and movements fully and freely. Communications will be forwarded to you from this office as circumstances may require it. Very respectfully, Your obedient servant, STEVENS T. MASON. To. Brig. Gen. Jos. W. BROWN, Michigan Militia. Copy of the official report of the Commissioners of Ohio. SIR In discharge of the duties which devolved on us as commissioners appointed by your Excellency for re-marking the northern boundary line of this State which is known and distinguished as Harris's line, we met at Perrysburg, on Wednesday, the 1st of April last, and, after completing the necessary arrangements, proceeded to the northwest corner of the State, and there succeeded in finding the corner, as described in the field notes of the surveyor, Harris, a copy of which we had procured from the Surveyor General's office. Thence your commissioners proceeded eastwardly along said line, which they found with little difficulty, and re-marked the same, as directed by law, in a plain and visible manner, to the distance of thirtyeight miles and a half, being more than half the length of the whole line. During our progress, we had been constantly threatened by the authorities of Michigan; and spies from the Territory, for the purpose of watching our movements, and ascertaining our actual strength, were almost daily among us. On Saturday evening, the 25th ultimo, after having performed a very laborious day's service, your commissioners, together with their party, retired to the distance of about one mile south of the line, in Henry county, within the State of Ohio, where we thought to have rested quietly, and peaceably enjoyed the blessings of the Sabbath; and, especially, not being engaged on the line, we thought ourselves secure for that day. But, contrary to our expectations, at about twelve o'clock in the day, an armed force of about fifty or sixty men hove in sight, within musket shot of us, all mounted upon horses, well armed with muskets, and under the command of General Brown, of Michigan. Your commissioners, observing the great superiority, having but five armed men among us, and who had been employed to keep a look out, and as hunters for the party, thought it prudent to retire, and so advised our Your commissioners, with several of their party, made good their retreat to this place: but, sir, we are under the painful necessity of relating, that nine of our men, who did not leave the ground in time, after being men. fired upon by the enemy from thirty to fifty shots, were taken prisoners, and carried away into the interior of the country. Those who were taken were as follows, to wit: Colonels Hawkins, Scott, and Gould, Major Rice, Captain Biggerstaff, and Messrs. Ellsworth, Fletcher, Moale, and Rickets. We are happy to learn that our party did not fire a gun in turn, and that no one was wounded, although a ball from the enemy passed through the clothing of one of our men. We have this day learned, by some of the men who were arrested, and have just returned, that they were taken to Tecumseh, under the escort of the armed force; were there brought before the magistrate for examination; that they denied the jurisdiction, but that six entered bail for their appearance; two were released as not guilty; and one, to wit: Mr. Fletcher, refused to give bail, and is retained in custody. We are also informed, by unquestionable authority, that, on the same Sabbath day, an armed force of several hundred men were stretched along the line, to the east of us, with a view to intercept us on our way. Under existing circumstance, and in the present threatening attitude of affairs, your commissioners have thought it prudent, for the interest of the State, as also for the safety of her citizens, and to prevent the threatened effusion of blood, to withdraw from the line at present, and suspend the further prosecution of the work until some efficient preparatory measures can be taken which will ensure the completion of the undertaking. All of which is respectfully submitted. JONATHAN TAYLOR, TO ROBERT LUCAS, Esq. Governor of the State of Ohio. F No. 4. Commissioners. EXECUTIVE OFFICE, Detroit, February 20, 1835. SIR: I have the honor to enclose you, to be laid before the President of the United States, sundry papers bearing upon the question of disputed boundary between Ohio and Michigan; from which it will be seen that there is a possibility of collision between the civil authorities of that State and this Territory. You will perceive from them that Ohio has determined upon taking forcible possession of the territory claimed by her, by extending her jurisdiction over it, without waiting for the final action of Congress upon the subject. Such is the painful anxiety with which Michigan contemplates such an event, that I am induced, by a sense of duty, to communicate to the President the course she will pursue in consequence of it. In December last, the Legislative Council of this Territory, with an anxiety to avoid all possible collision with a sister State, and with a disposition and wish to adjust amicably the question in dispute with Ohio, passed a law providing for the appointment of commissioners to adjust the boundary between the State or States to be formed north of an east and west line drawn through the southerly extreme of Lake Michigan, and the States of |