Page:Journal of the Sixth Legislative Council of the Territory of Michigan.djvu/152

140 with the various acts of Congress, from the southerly extreme of Lake Michigan to Lake Erie.

This is the history of the legislation concerning this subject, and it brings the question of right within a narrow compass. The state of Ohio, to support her claim, must contend, either, that she had the power to enlarge her own territory, or that Congress has assented to the proposition submitted for that purpose. The former ground has not been taken, and with respect to the latter, it is certain, that the United States have passed no act, giving their consent to the change asked for. In fact, the claim of Ohio, as advanced and advocated, rests solely upon the presumption, that as Congress did not act upon the subject of her proposition to change the northern boundary, when she was admitted into the Union, such admission is a virtual assent to that measure, and gives her complete jurisdiction over the tract demanded. That I am correct in this view of the case, will be seen by the accompanying extract of a letter from the Governor of Ohio to Mr. Woodbridge.

Even were there no cotemporaneous or subsequent proceedings on the part of Congress by which their intentions could be ascertained, it is difficult to conceive how the performance of a necessary and independent duty, that of admitting the State into the Union, can be considered as an assent to a proposition, totally distinct from this measure. For whether the boundary were north or south of the Maumee, Ohio had an equal right to join the national councils; nor was the determination of this question at all essential to her rights or sovereignty; nor in the slightest manner connected with her entrance into the confederacy. Other propositions submitted by Ohio at the same time, were considered and accepted, and an act passed by Congress to give effect to them. But the circumstances of the case admit of no presumption. The very act of admission, already quoted, proves the right of Ohio to enter the Union upon the foundation of the act which prescribed her boundaries. The committee expressly state, that it is not expedient for Congress to act upon the subject. Two years afterwards, this territory was established, and the same fundamental line was prescribed as its southern boundary. After another interval of seven years, Congress again recognized this line and directed its survey. Four years later, and an appropriation was made to effect this object. The Executive caused this law to be carried into effect, and the line, as now existing, to be run in the year 1818, two years after the passage of this last mentioned act. I need add nothing to this series of Congressional measures, indicating in the most satisfactory manner, the determination of the general government not to assent to the change in the boundary proposed by Ohio. As a question of expediency there is certainly no reason why the neighboring states should be increased at the expense of this territory; and should the