Ohio History Journal

Boundary Line Between Ohio and Indiana, Etc.        127

 

 

 

BOUNDARY LINE BETWEEN OHIO AND INDIANA,

AND BETWEEN OHIO AND MICHIGAN.

 

SPECIAL REPORTS OF T. C. MENDENHALL, SUPERINTENDENT OF UNITED

STATES COAST AND GEODETIC SURVEY, AND A. A. GRAHAM,

SECRETARY OF THE OHIO HISTORICAL SOCIETY.

The Sixty-ninth General Assembly of Ohio authorized the

Governor to cause an examination of the boundary lines between

Ohio and Indiana and Ohio and Michigan to be made. It has

for some time been known that these lines, as now existing, are

incorrect, and that steps should be taken to have them definitely

and accurately marked. In 1881 the States of Ohio and Pennsyl-

vania, through a joint commission, caused their common boundary

to be re-surveyed and marked by stone posts set at intervals of

one mile, beginning at a large stone monument near the Lake

Erie shore. The line is thus permanently and accurately fixed,

and, hence, every division boundary of farm or village lots accu-

rately located.

This should be done with the western and northern bound-

aries of Ohio. The annexed reports show in detail the Jaws

relative to them; what has been done and what the investigation

developed:

To His Excellency, JAMES E. CAMPBELL, Governor of Ohio:

SIR: Pursuant to your letter of authority and instructions under date

of August 27, 1891, to " examine into the boundary line question now pend-

ing between the States of Ohio and Indiana and Ohio and Michigan, and

to gather such material as may be found in relation to that matter, making

it your especial object to obtain copies of original surveys, maps, plats,

field- notes, etc.," I have to report as follows:

That it has been the intention of the Ohio Historical Society, of which

I am Secretary, to publish a volume on not only the western and northern

boundaries of Ohio, but also upon the southern boundary; one fraught

with interest of a historical nature and which students of history and

political economy desire to see in compact form. This being our inten-

tion, we had gathered all material that could be found, much of which is

not needed in this connection, but which will be necessary in case the

Society can carry out its intentions. This report confines itself to the

western and northern boundaries.

A. A. GRAHAM.

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128       Ohio Arch. and His. Society Publications.  [VOL. 4

 

 

THE WESTERN BOUNDARY.

The earliest mention of the division of the territory north-

west of the Ohio River appears in a resolution of the Continental

Congress under date of October 10, 1780, which states:

"That the unappropriated lands that may be ceded to the

United States, shall be formed into States, * * * * that

each State shall contain a suitable extent of territory, not less

than one hundred nor more than one hundred and fifty miles

square, or as near to as circumstances will admit." * *   * *

On March 1, 1784, Virginia ceded to the United States her

right to the territory northwest of the Ohio River, with the

special condition that the territory so ceded should be laid out

and formed into States of the extent mentioned in the resolution

of Congress of October 10, 1780. On April 23, 1784, Congress

passed a resolution declaring that-

"So much of the territory ceded by the individual States to

the United States, as then had been, or should thereafter be

purchased from the Indian inhabitants * * * *    should be

divided into distinct States as nearly as the cessions would admit

of in the following manner: That is to say, by parallels of

latitude, so that each State should comprehend from north to

south, two degrees of latitude, beginning to count from the

completion of the forty-fifth degree north of the equator, and

meridians of longitude, one of which should pass through the

lowest part of the rapids of the Ohio, and the other through the

western cape of the mouth of the Great Kanawha; but the

territory eastward of the last meridian, between the Ohio, Lake

Erie and Pennsylvania, should be one State, whatever may

be its comprehension of latitude-that which may be beyond

the completion of the forty-fifth degree between the said

meridians, shall make part of the State joining it on the

south, and that of the Ohio which is between same meridians

coinciding nearly with the parallel of thirty-nine degrees, shall

be substituted so far in lieu of that parallel as a boundary line."

By September, 1786, all the States claiming territory north-

west of the Ohio River, had ceded their claims to the United

States. The division of the territory into States came again



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Boundary Line Between Ohio and Indiana, Etc.         129

 

before Congress for consideration. It was decided that the for-

mation of the territory into States, with boundaries specified

in the resolutions of October 10, 1780, April 23, 1784, or the act

of cession of.Virginia of March 1, 1784, was impracticable. On

the 7th of July, 1786, Congress passed a resolution asking from

Virginia an alteration in her act of cession of March 1, and sug-

gested it be more in accordance with the deed of cession made

by that State December 20, 1784. This deed among other con-

ditions, states that-

"Upon condition that the territory so ceded shall be laid out

and formed into States, containing a suitable extent of territory,

not less than one hundred nor more than one hundred and

fifty miles square, or as near thereto as circumstances will

admit, etc.

The preamble to the resolution of Congress of July 7 states

that-

"WHEREAS, it appears from the knowledge already obtained of the

tract of country lying north-west of the River Ohio, that the laying it out

into States of the extent mentioned in the resolution of the 10th of

October, 1780, and in the conditions contained in the deed of cession by

Virginia, will be productive of many and great inconveniences.  * * *

* * In order, therefore, that the ends of Government may be attained,

and that the States which shall be formed, may become speedy and sure

accessions of strength to the confederacy: therefore,

" Resolved, That it be and is hereby recommended to the Legislature of

Virginia to take into consideration their act of cession, and revise the

same so as to empower the United States, in Congress assembled, to make

such a division of the territory *  *  *  into distinct Republican States

not more than five nor less than three, as the situation of the country and

future circumstances may require.*  * *  * *

On the 13th of July, 1787, Congress passed the "Ordinance

of 1787" for the Government of the North-west Territory. This

ordinance is in the nature of a compact between the original

States and those that might be formed within the territory, irre-

vocable, save by the consent of both parties. It is therefore the

constitution or fundamental law of the territory. Anticipating

that Virginia would accede to the request made in the resolution

of July 7, 1786, article 5, of the compact of the ordinance de-

clares that-

Vol. IV-9

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130       Ohio Arch. and His. Society Publications.  [VOL. 4

 

"There shall be formed in the said territory, not less than

three nor more than five States, and the boundaries of said

States, as soon as Virginia shall alter her deed of cession and

consent to the same, shall become fixed and established as

follows, to-wit:

" The western State in the said territory shall be bounded

by the Mississippi, the Ohio, and Wabash Rivers; a direct line

drawn from the Wabash and Post St. Vincent due north, to the

territorial line between the United States and Canada, and by the

said territorial line to the Lake of the Woods and Mississippi.

"The middle State shall be bounded by the said direct line,

the Wabash from Post St. Vincent to the Ohio, by the Ohio, by

a direct line drawn due north from the mouth of the Great

Miami to the said territorial line. The eastern State shall be

bounded by the last-mentioned direct line, the Ohio, Pennsyl-

vania, and the said territorial line; provided, however, and it is

further understood and declared, that the boundaries of these

three States shall be subject so far to be altered, that if Congress

shall hereafter find it expedient, they shall have authority to form

one or two States in that part of said territory which lies

north of an east and west line drawn through the southerly bend

or extreme of Lake Michigan." * * *

By the year 1800 the territory contained a sufficient number

of inhabitants to justify a division for Government purposes, and

on the 7th of May, Congress passed "Act to divide the territory

of the United States, north-west of the River Ohio, into two

separate Governments."

This act provided that " From and after the fourth day of

July next, all that part of the said territory which lies to the

westward of a line beginning at the Ohio, opposite the mouth of

the Kentucky River, and running thence to Fort Recovery, and

thence north till it shall intersect the territorial line between the

United States and Canada, shall, for the purpose of temporary

Government, constitute a separate Government, and be called

Indiana Territory."

Section 5 of this act provided that " Whenever that part of

the said territory which lies to the eastward of a line beginning

at the mouth of the Great Miami River and running

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Boundary Line Between Ohio and Indiana, Etc.   131

 

due north to the territorial line, shall be erected into an inde-

pendent State * * * * said line shall become and remain

permanently the boundary line between such State and Indiana

territory, any thing in this act to the contrary notwithstanding."

This civil division line simply followed the "Greenville

Treaty Line" from the Ohio River north-easterly to Fort Re-

covery from whence it passed north to the Canadian line. It was

never surveyed, at least no record of or reference to such a sur-

vey can be found. It was not intended to be permanent and in

less than three years was superseded by the line established by

the ordinance of 1787.

In October, 1798, Israel Ludlow, a deputy United States sur-

veyor, began the survey of Congress (Government) lands north

of the Ohio River, lying between the Greenville treaty line on

the west, and the Symmes' purchase and the Virginia military

district on the east, under the act of May 20th, 1795, under which

act all Congress lands were then surveyed. Under this authority

Mr. Ludlow and his assistants began their work October 11,

1798. The survey was continued, subject to many interruptions

from Indian troubles, state of the weather, etc. (little, if any

work being done in the winter). The township boundaries seem

to have been completed about 1801, but it was several years

before the subdivision could be made. The field notes of this

survey, now preserved, note the first meridian; the western

boundary of the eastern division of the north-west territory, the

present western boundary of Ohio. This was used as a base

line, and the township survey made east and west from it. The

ranges were numbered east to the Great Miami River (Symmes'

western boundary), and west to the Greenville Treaty line, which,

will be noticed, is the civil division line already explained in this

report. The subjoined field notes are those of Mr. Ludlow's

survey and are herewith attached and made a part of this report:

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132        Ohio Arch. and His. Society Publications.     [VOL. 4

 

 

COPY OF PART OF THE FIELD NOTES AND SURVEY OF THE STATE LINE

BETWEEN OHIO AND INDIANA FOR ABOUT SEVEN MILES

FROM STARTING POINT. LAND SURVEYS, 1798.

 

The Miami River is ten chains and fifty links wide, and the Ohio,

twenty-seven chains wide.

Observed the variation of the magnetic needle to be at this place,

5^° 10' east.

FIELD NOTES OF STATE LINE, OCTOBER 11, 1798.

Chains. Links.

Commenced surveying north on a meridian from a point at

or near the center or middle of the mouth of the Great

Miami River, from which point a cottonwood tree

twenty inches in diameter bears N. 87°; W. three chains

distant, another cottonwood, ten inches in diameter,

N.             bears N. 58^°, W. two chains and fifty links distant.

28              70           Rose the banks of the Miami on the east side.

71              73           Came to the Miami River, at which place it is four chains

and fifty-eight links wide.

76    42    Crossed the main channel of-the Miami River, on the west

bank of which stands a cottonwood tree, eleven inches

in diameter, marked agreeably to the plan.

N.                              Started from the cottonwood on the west bank of the river.

16              59           A honey locust, thirty inches in diameter.

40              -                       Another honey locust, three feet in diameter.

52              -                       Over rich bottom land timbered with honey locust, inun-

dated in high water. Came to a channel that in a com-

mon time the water runs with some degree of rapidity.

55    50    Crossed the above channel which at this time was nearly

dry. Set a stake at the south-west corner of section

No. 31, T. 1, R. 1, eastern district, and at the north-east

corner of section No. 1, T. 5, R. 1, western district; a

honey locust bears N. 9°, E., eighteen inches in diame-

ter, twenty-three links distant; another honey locust,

twenty-four inches in diameter, bears N. 581/2 °, W. 57

links distant, notched and marked by the plan, October

11, 1798.

N.                               Thence north on a meridian.

11    15     A box elder tree eleven inches in diameter, a low rich bottom

timbered principally with honey locust, soil of the

richest quality.

29              26           A honey locust tree in the line.

40              -               A small improvement, about twenty acres of corn.

58              05           A forked honey locust tree twenty-four inches in diameter

in the line.

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Boundary Line Between Ohio and Indiana, Etc.           133

 

Chains. Links.

77    50    Crossed a stream running north-east, another improvement

and corn field on the east of the line.

80    -     A post, from which a black walnut tree sixteen inches in

diameter bears N. 32^° W., 20 links distant, and another

black walnut tree fourteen inches in diameter, bears N.

54o, E. 84 links.

Land along this mile level and of the richest quality, tim-

bered thinly with locust, hackberry and black walnut.

Three cabins with small improvements, 10 chains to

the west.

N.          Commenced second mile north on the first meridian, from

the south-west corner of the first township, of first

range.

7    -     Rose a bank, high land, timbered with sugar tree, walnut

and mulberry; the soil rich.

15               55           A cherry tree sixteen inches in diameter in the line.

29               -                     Two cabins with small improvements, a stream to the west

200 links.

40               -                     Another improvement and cabin.

44               05           A sugar tree inches in diameter in the line.

60              -                     Two cabins and small improvements, a high hill rises 20

chains to the west; rich level land to the east.

80    -     A red elm post with three notches from which a sugar tree

twelve inches in diameter bears N. 57^°, W. 5 links; and

a sugar tree of the same diameter bears N. 400, E. 22

links. Notched and numbered trees of the corners of

sections, agreeably to the plan.

N.          Saturday, 13th October. Commenced third mile. North

from second mile post corner, section 19 and section 30

of first township and first range; rising small hill, much

brush or underwood.

8              -               A sugar tree ten inches in diameter.

20              -               A water-course runs S. 20^°, W.; rich land; timber, ash, elm

and sugar tree - much underwood.

30              -               Rose a hill.

35              -               Begin to descend a hill.

41              50           A water-course runs east.

46              08           A blue ash tree twelve inches in diameter; rose a hill.

57              -                     Crossed a water-course, runs east.

69              -               Rose a hill and begin to descend.

73              50           A water-course 10 links wide runs S. 80^°, E. and begin to

descend a hill.

80    -     A post from which a blue ash tree fifteen inches in diameter

bears S. 57°, E. 20 links, and a white ash twenty inches

in diameter bears N. 701/2° , W., 6 links distant.

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134        Ohio Arch. and His. Society Publications.      [VoL. 4

 

Chains. Links.

N.          Commenced fourth mile north from S. W. corner of first

township of first R.

9               -                      A water-course runs east; and begin to ascend.

17               -                      Rose the hill and begin to descend.

23                69           A beech tree eighteen inches in diameter in the line, on the

bank of a water-course, running east.

29                58           A sugar tree sixteen inches in diameter.

38                -                      A water-course runs east ten links wide and begin to ascend

a hill.

43    25    Rose the hill to a white ash tree thirty inches in diameter

and begin to descend.

50               -                      A water-course running S. E.

52               -                      A blue ash tree twenty inches in diameter in the line.

65               -                      Rose the hill and begin to descend.

71               -                      A water-course runs N. E.; hill rising W.

76               -                      A water-course runs east and begin to rise on the hill.

80               -                      A post from which a sugar tree twelve inches in diameter

bears S. 32°; E. 43 links, and a white oak of same

diameter bears N., 21°; E., 24 links. Along this mile is

generally broken land, the soil rich, and proper for cul-

tivation, thinly timbered with blue ash, locust and sugar

tree-trees at the corners numbered according to the

plan.

N.          Commenced fifth mile N. from S. W. corner of first town-

ship of first range.

5              -                      Rose a hill and begin to descend.

10              50           A spring branch.

13              58           A black walnut tree twenty inches in diameter, ascending.

20              -               Arose the hill--timber, oak, ash and hickory; begin a

descent.

30              -               A water-course runs east.

35              81           A sycamore tree fifteen inches in diameter; a water-course

runs S. E.

44              -               A stream runs S. W.; begin to ascend side of a hill rising W.

51              -               A sugar tree sixteen inches in diameter; hill rising W.

61              -               A sugar tree twelve inches in diameter.

76              -               Rose the hill; land of middling quality.

80              -               A post from which a locust tree twelve inches in diameter

bears S. 26^°, E., 11 links distant, and an elm tree

six inches in diameter bears N. 14^°, E., 22 links distant.

N.          Commenced sixth mile N. from the S. W. corner of township

No. 1 of the first range. On side of a hill rising W.

13              84           A blue ash tree twenty inches in diameter; the hill rising W.

32              -               Begin to descend a hill; an easy descent.

48              39           A white ash tree six inches in diameter.

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Boundary Line Between Ohio and Indiana, Etc.        135

 

Chains. Links.

58    -    A water-course running W.; thin land; timbered with oak

and hickory.

74              -               A water-course running W.

80              -                       Set a dog-wood post from which a white oak twenty inches

in diameter bears N. 30^°, E., 27 links distant, and a

locust twelve inches in diameter bears S. 491/2°, W., 14

links distant. Trees at the corners numbered accord-

ing to the plan.

The field notes of that part of the State line, together with contiguous

sections east and west thereof, which are copied into this book from pages

one to fourteen, inclusive, are correctly copied from the original field notes

on file in this office.                SAMUEL WILLIAMS,

Chief Clerk.

SURVEYOR-GENERAL'S OFFICE, CINCINNATI, October 7, 1837.

An examination of the foregoing notes and plat reveals no

mention of a boundary line save in an incidental manner. The

survey of the line as a boundary line was not part of Mr. Lud-

low's work. By the year 1802 the population of the eastern

division of the North-western Territory had increased to such an

extent that application was made for admission into the Union as

a State. April 30th, 1802, Congress passed an "Act to enable

the people of the said Territory," to form a constitution and a

State government. *    *  *  The second section of this act pro-

vided that "The said State shall consist of all the territory in-

cluded within the following boundaries, to-wit: On the east by

the Pennsylvania line; on the south by the Ohio River to the

mouth of the Great Miami River; on the west by the line drawn

due north from the mouth of the Great Miami aforesaid."   *  *

It will be noticed that the act followed the ordinance of 1787

in fixing the boundaries of this State. The people of the eastern

division of the Territory, through their regularly elected dele-

gates, in November, 1802, met at Chillicothe, the capital of the

Territory, and there formulated a constitution. The sixth sec-

tion of the seventh article of this constitution of 1802 states that-

"The boundaries of this State  *   *  *  shall be  *  *  *

on the east by the Pennsylvania line, on the south by the Ohio

River to the mouth of the Great Miami River; on the west by a

line drawn due north from the mouth of the Great Miami River

aforesaid."  *  *  *  *

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Soon after the organization of the Territory of Michigan,

doubts arose as to the line between Ohio and Indiana Territory,

and between Ohio and Michigan Territory, The lands south of

the Greenville Treaty line were thrown open to settlement as fast

as they could be surveyed, the surveys beginning as early as

1796; and in that part of the State west of the Virginia Military

District and the Symmes' Purchase in 1798 has been noted in this

report. This survey used the western boundary as a base line

not as a boundary line as far north as this treaty line, a few miles

south-west of Fort Recovery and eighty-nine miles north of the

mouth of the Great Miami, and to this point the township bound-

aries were probably so surveyed as early as 1800 or 1802.

The General Assembly of Ohio, January 24, 1807, passed a

resolution asking "That our Senators and Representatives in the

Congress of the United States, be instructed and requested to

use their influence to obtain the passage of a law to ascertain and

define the northern boundary line of this State and fix the same

agreeably to the provisions contained in the sixth section of the

seventh article of our constitution."

At this time the establishment of the western boundary does

not seem to be considered of so much importance and no refer-

ence is made to it, but on February 7, 1809, the desired legisla-

tion not having been secured, another resolution was passed

stating-

"That great inconvenience has been, and is daily, occurring

in consequence of the western and northern boundary of this

State not being defined;"

"Therefore, be it, etc., etc., *  *  *  *  to have a com-

missioner appointed on the part of the United States, to act

jointly with such commissioner as may be appointed on the part

of this State to ascertain, run and mark the western and northern

boundaries thereof."

The country north of the Greenville Treaty line was still

unsettled and partly owned by Indians, who lived chiefly on res-

ervations, hence it was not practicable for Congress to carry out

the desires of Ohio. December 21, 1811, a third resolution was

passed by the Ohio Legislature, reciting various facts; chiefly

that this part of the State being opened to settlement by the ex-

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Boundary Line Between Ohio and Indiana, Etc.        187

 

tinguishment of the Indian title and that it was becoming more

necessary that the "western and northern boundary lines be

established."

On May 20, 1812, Congress passed an act requiring the sur-

veyor-general, under the direction of the President of the United

States, (as soon as the consent of the Indians can be obtained)

to cause to be surveyed, marked and designated, so much of the

western and northern boundaries of the State of Ohio, which

have not already been ascertained, as divided said State from the

Territories of Indiana and Michigan, agreeably to the boundaries

established by an act entitled "An act  *   *   *   *   passed

April 30, 1802."

The war of 1812 and the consequent border troubles, as well

as the unsettled condition of Indian affairs in the North-west

Territory, precluded the carrying into effect the act of Congress

for some time. August 9, 1816, one of the Ohio members of

Congress called the attention of the commissioner of the general

land office to the act and urged that some action be at once taken.

On the 22d of the same month the commissioner, Josiah Meigs,

addressed a letter of instructions to the surveyor-general, Edward

Tiffin, stating that he had been directed by the president to au-

thorize him to have Ohio's boundary line run and marked, and

authorizing him to engage a faithful and skilled deputy to do

the work.

The surveyor-general engaged William Harris, "an ex-

perienced, practical and skilled surveyor," under the following

articles of agreement:

 

Articles of agreement indented, made and fully agreed upon, this 14th

day of December, in the year of our Lord 1816, between Edward Tiffin,

Surveyor-General of the United States, of the one part, and William Harris

of the State of Indiana, of the other part: WITNESSETH, that the said

William Harris, for and in consideration of the covenants, terms, pro-

visions and conditions hereinafter expressed, and according to the true

intent and meaning thereof, doth hereby covenant and agree with the said

Edward Tiffin, in his capacity aforesaid, that he said William Harris,

will faithfully lay out and survey, and mark in his own proper per-

son, with the assistance only of such chainmen and axmen as may be neces-

sary, being first duly sworn, agreeable to the laws of the United States and

such instructions as he may receive from the surveyor-general, the

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138         Ohio Arch. and His. Society Publications.    [VOL. 4

 

boundary line from Fort Recovery, due north, agreeable to the true

meridian so far as that a line due east from the most southerly extreme of

Lake Michigan will intersect it; also a line due east from such southerly

extreme of Lake Michigan to Lake Erie, or the straits, etc., etc. And that

he will also carefully and exactly ascertain by lunar observations the geo-

graphic position of the said southerly extreme of Lake Michigan; and also

the position, in like manner, of the point where the said east line shall

strike Lake Erie or the straits, etc.; and that he will make out three neat

and accurate plats of said lines with their true description and copies of

field notes and make return thereof as soon as he properly can, not to be

exceeding six months from the date thereof.

And the said Edward Tiffin, in his capacity aforesaid, covenants and

agrees that on the completion of the work aforesaid in manner aforesaid,

there shall be paid to the said William Harris as a full compensation for

the whole expense of surveying and marking the said lines, making his

lunar observations and drawing off the plats and descriptions as aforesaid,

five dollars for every mile, and part of a mile actually run and marked, ran-

dom line and effects not included, provided no member of Congress have

any part in this contract.

In testimony whereof, the parties to this indenture have hereunto set

their hands and seals, the day and year first above written.

EDWARD TIFFIN. [SEAL]

WILLIAM HARRIS. [SEAL]

Signed, sealed and acknowledged before us:

A. BOMNE,

SAMUEL WILLIAMS.

The attached letter and outline plat of Mr. Harris, dated

September 8, 1817, seems to be a preliminary report, which he

completes in detail, as relates the western boundary, later-the

same year. The letter and outline plat are herewith attached

and make part of this report.

CINCINNATI, September 8, 1817.

DEAR SIR: You will find inclosed a sketch of the State line, which, I

believe, is laid tolerably correct. A complete return I shall not be able to

make for some time in consequence of having part of my work to correct.

It appears, by what observations I have been able to make, that the varia-

tion of the compass decreases in going north nearly in the same proportion

as in going east. The west boundary of the State of Ohio was run (the

fore part of last June) when it rained and was cloudy weather for nearly

three weeks, in consequence of which I was not able to make the neces-

sary allowances, and shall have the line to run over again. After I left

Chillicothe last winter I fell in company with a gentleman from Detroit,

who appeared to be well acquainted with the country which the State line

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Boundary Line Between Ohio and Indiana, Etc.         139

 

passes through. He informed me that it would be impracticable to run

the line in the spring of the year on account of the great number of

swamps which I would have to pass through. In consequence of this

information, I delayed the business much longer than I would have done.

By actual experiment I found the country almost impassible for horses at

any season of the year. By means of an Indian guide I was able to send

my horses around the swamps; twice they were absent from us between

two and three days. I am in hopes that the delay in running the line will

be no inconvenience to the United States; to individuals I am sure it will

not be, for neither line interferes with any settlement. I shall complete

my work as soon as my health will admit. I have had a slight touch of the

fever and a very bad cold since I left the woods, and have been much

afflicted with rheumatism for six or seven weeks past. I am now getting

much better and am in hopes will be able to return to the woods in a

few days.

I am, with the greatest respect, your most obedient,

WILLIAM HARRIS.

MR. EDWARD TIFFIN, Surveyor General.

 

In 1816 the Territory of Indiana applied for admission into

the Union, and on April 19, 1816, Congress passed an act to

"Enable the people of the Indiana Territory to form a Constitu-

tion and a State Government, etc." That part of section two

relating to the eastern boundary is as follows:

"And be it further enacted, that the said State shall consist

of all the territory included within the following boundaries,

to-wit: Bounded on the east by the meridian line which forms

the western boundary of the State of Ohio. * * *

"Provided, that the convention hereafter provided for, when

formed, shall ratify the boundaries aforesaid; otherwise they

shall remain as now prescribed by the ordinance for the govern-

ment of the territory north-west of the River Ohio."

Under this act a constitutional convention met at Corydon,

the territorial capital, and formulated a constitution.  On the

question of the eastern boundary section seventeen, of article

seventeen, reads:

"In order that the boundaries of the State of Indiana may

more certainly be known and established, it is hereby ordained

and declared that the following shall be, and forever remain, the

boundaries of the said State, to-wit: Bounded on the east by

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140        Ohio Arch. and His. Society Publications.   [VOL. 4

 

the meridian line which forms the western boundary of the State

of Ohio."  *   *  *

In 1851 a new constitution (the present one) was adopted.

Section 221, of article 14, relates to the boundaries of the State,

and is as follows:

" In order that the boundaries of the State may be known

and established it is hereby ordained and declared that the State

of Indiana is bounded on the east by the meridian line which

forms the western boundary of the State of Ohio."   *  *  *

Nothing further appears regarding the western boundary

until 1835 or 1836, when doubts arose concerning the point on

the Ohio River at which the boundary between Ohio and Indiana

began. Commissioners were appointed on the part of each State

to examine into and mark this point, and also to examine the

boundary line a short distance north.

On the 28th day of February, 1837, Mr. Hughes, from the

select committee on that subject, reported the following preamble

and resolutions, which were read and laid upon the table, to-wit:

"The select committee, to which was referred the communi-

cation of the Governor on the subject of a boundary line between

the States of Ohio and Indiana, have had the same under con-

sideration and report the following preamble and resolutions:

 

"WHEREAS, There exists, at this time, doubts respecting the point on

the Ohio River at which the line between the States of Ohio and Indiana

commences, and as difference of opinion exists between the citizens of the

two States as regards their true boundaries; and

"WHEREAS, By joint resolution, the General Assembly of the State of

Indiana has authorized the Executive of said State to appoint a surveyor

and commissioner, on the part of the said State, to act in conjunction with

a similar commissioner on the part of the State of Ohio; therefore,

"On December 31, Mr. Harris received instructions how to run the line

between Ohio and Indiana, where not surveyed, and between Ohio and

Michigan. Mr. Harris completed his work on both boundary lines in 1817.

That part between Ohio and Indiana began on the south at the intersection

of the western line running north from the mouth of the Great Miami

with the Greenville Treaty line, eighty-nine miles from the mouth of the

Miami. The attached plat is from a copy of Mr. Harris' survey, now on file

in the State Auditor's office. It will be noticed it starts on the Greenville

Treaty line, south of which was surveyed by the land surveys under the act

• 14
 

Boundary Line Between Ohio and Indiana, Etc.         141

 

of 1796. Mr. Harris' letter accompanying the plat seems to indicate a sur-

vey of the entire line, but the plats are for that portion indicated.

"Resolved, by the General Assembly of the State of Ohio, That the

Governor be, and he hereby is, authorized to appoint one commissioner on

the part of the State of Ohio, who, in conjunction with one appointed by

the Governor of Indiana, shall meet at the town of Lawrenceburg, in the

State of Indiana, at such time as may be appointed by the Executive of

Ohio, who, after having taken an oath, faithfully and impartially to dis-

charge the duties required of them, as set forth in the resolution of the

General Assembly of the State of Indiana, and the aforesaid commissioners

and surveyor shall make out three certified copies of the survey, made and

directed, one copy of which shall be deposited with the Secretary of State,

of the State of Ohio, and one copy with the Surveyor-General of the United

States, at Cincinnati; and the commissioner on the part of the State of Ohio,

shall be entitled to receive the sum of three dollars per day, for each day

whilst employed in the discharge of the duties required of him, and three

dollars for each twenty-five miles in going to, and returning from, the said

line; and the surveyor shall be entitled to receive two dollars per day as

half of his compensation, and the Governor of the State of Ohio is hereby

authorized to pay the same out of the contingent fund.

"Resolved, That the Governor of the State of Ohio be directed to

transmit a copy of these resolutions to the Governor of the State of

Indiana, and likewise inform his Excellency of the time of meeting of the

said commissioners."

Under authority of the foregoing resolution, Joseph Vance,

Governor of Ohio, appointed M. T. Williams to represent Ohio;

the Governor of Indiana appointed John A. Watson. These

commissioners met at Lawrenceburg, Indiana, in November,

1837, and appointed Nathaniel L. Squibb, surveyor, to ascertain

and designate the true starting point of the boundary line on the

Ohio. After completing his work he made the following report

to the commissioners, and marked on the report as "Exhibit B."

To Mr. M. T. Williams. of Ohio, and Mr. John A. Watson,

of Indiana, commissioners appointed to establish the line between

the States of Ohio and Indiana, and place monuments on the

same near the mouth of the Great Miami River:

I, Nathaniel L. Squibb, being employed as surveyor by the above-named

gentlemen, do hereby certify, that in obedience to their orders, after being

duly sworn, I proceeded to examine several miles of the State line in the

timbered land, where the section corners could be found by the field notes,

to determine the general bearing of said line; that after satisfying myself

with regard to the general course or variation allowed on said line, I com-

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menced at the N. E. corner of section 25, and the S. E. corner of section 24,

T. 6, R. 1, W., which point is also the corner of sections 19 and 30 in the

State of Ohio, and ran a due south course (allowing a variation of 4° 40 E.)

to the north bank of the Ohio River in the following manner, to-wit .

Chains. Links.

70    40    Beginning at the point above mentioned and running south

70 chains, 40 links, to a stake in the tow-path bank of

the White Water canal, from which the N corner of I.

Hayes' stone chimney bears S. 82° W., 1  ain, 42 links

distant.

79    24    And a stake in the line bears N. 2 chains; 94 links, to a stone

supposed to be the S. E. corner of section 25, and the

77    75       N. E. corner of section 36, T. 6. R. 1, W., thence to a

honey locust twenty-two inches in diameter, to a stake

79    50       on the top of the bank at the island gut, supposed to

be the S. E. corner of section 36, T. 6, R. 1, W.

5         -                                                          To a soft maple thirty-six inches in diameter.

51         12       To a cotton-wood eighteen inches in diameter.

55         50       To a stake on the N bank of the Miami River, from which

a cotton-w                                           in diameter bears N. 78° E.,

40 links distant,                  cotton-wood bears S. 78^° W., 71

links distant.

62    37    To a sycamore eighteen inches in diameter on the S. bank

of the Miami.

80         -         To a mile stake in the line.

11        87       To a stake on the N. bank of the Miami.

31        56       To a cotton-wood on the S. bank of the Miami.

46         56       To a stake on the N. bank of the Ohio River below the

mouth of the Great Miami, from which a cotton-wood

fifteen inches in diameter bears N. 17° W., 66 links dis-

tant, and a cotton-wood twenty-two inches in diameter

bears S. 251/2° W., 1 chain, 22 links, and a cotton-wood

fifteen inches in diameter bears S. 89^° W., 40 links

distant.

NATHANIEL L. SQUIBB, Surveyor.

HARTFORD, DEARBORN COUNTY, IND., November, 1837.

To this report Mr. Squibb makes the following affidavit

marked "A."

 

State of Ohio, Hamilton County:

On the 21st of November, A. D., 1837, personally appeared before the

undersigned, a Justice of the Peace, of the county and State aforesaid,

Nathaniel L. Squibb, appointed surveyer of the boundary line between the

States of Ohio and Indiana, from the mouth of the Great Miami River to

• 16
 

Boundary Line Between Ohio and Indiana, Etc.           143

 

the point where the road from Lawrenceburgh to Elizabethtown crosses to

said State line, under joint resolutions of said States, heretofore passed,

who, being first duly sworn, on his oath says that he truly, faithfully and

impartially discharged his duties as such surveyor, and correctly report his

proceedings to the best of his knowledge and ability.

Sworn to and subscribed this 21st day of November, A. D., 1837.

NATHANIEL L. SQUIBB.

SAM'L W. HENRY [SEAL.]

Justice of the Peace.

 

The report of the commissioners is as follows:

 

To His Excellency, JOSEPH VANCE, Governor of the State of Ohio:

The undersigned commissioners appointed under the joint resolutions

of the Legislatures of the States of Ohio and Indiana, to survey the

boundary line between said States at the mouth of the Great Miami River,

respectfully report-

That on the 21st day of November, A. D., 1837, they entered upon the

discharge of their duties, by convening at Lawrenceburgh and appointing

Nathaniel L. Squibb, surveyor, who was sworn agreeable to the provisions

of the joint resolutions, as will appear by affidavit herewith filed, marked

"A." Your commissioners further report that they, with the said Nathaniel

L. Squibb, assisted hy Joseph Gest, Surveyer of the city of Cincinnati, on

the said 21st day of November, A. D., 1837, commenced the survey of said

line, and on the -- day of said month and year, completed the survey of

said line and marked the same as originally surveyed by Israel Ludlow,

Deputy Surveyor of the United States, in October, 1798, as will more fully

appear by the report of N. L. Squibb, herewith filed and marked "B."

And your commissioners further report that in fixing said line, they

located it to correspond as nearly as possible and as could be ascertained

with the field notes of the said survey of Israel Ludlow, made in 1798,

a copy of which will be found in document marked "C", as also a map of

the State line and the sectional surveys east and west. These we consider

valuable documents to be filed and preserved by the States, and for these,

as well as for other practical information furnished us in the discharge

of our duties, we are indebted to Samuel Williams, Chief Clerk in the office

of the Surveyor-General, at Cincinnati.

Your commissioners further report that on the 27th day of November,

A. D., 1838, they erected on said line at the points named in the report of

Mr. Squibb, above referred to and marked "B," two monuments of solid

freestone, nine feet in length, each resting three feet below the surface of

the ground on a square block of freestone, embedded in a cubic yard of

broken stone to protect them from the action of the frost. The monu-

ments each weighed about five thousand pounds and it is believed will be

impervious to the action of the frost and very durable. For the shape,

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144        Ohio Arch. and His. Society Publications.  [VOL. 4

 

plan and inscription of the monuments, reference may be had to paper

marked "D."

Your commissioners further show that they were qualified agreeably

to the resolutions of the States as will appear by affidavit filed and

marked " E."

Your commissioners further report that in the survey and erection of

monuments as aforesaid, they have expended, exclusive of their services as

commissioners, the sum of$ -, as will appear by vouchers Nos. 1, 2, 3, etc.

M. T. WILLIAMS,

Commissioner on the part of Ohio.

JOHN A. WATSON,

Commissioner on the part of Indiana.

 

One of the stone monuments referred to in the foregoing

report was placed on the west bank of the Miami River, at its

junction with the Ohio; the other on the right bank of the canal

where it crosses the State line. The paper marked "D" in the

report is not on file in the Auditor's office, and can not now

be found.

This last survey and report completes all that has been done

by the State regarding Ohio's western boundary. Recapitulating,

it shows that the first survey of this line was made in 1798, in

connection with the land surveys, when the line (meridian) was

considered as a base line of the survey, and not as a boundary

line between the two respective States. Then in 1817, under

authority of Congress, as a division line was surveyed by William

Harris, under the direction of Edward Tiffin, Surveyor-General.

It is not clear that he surveyed all the line, but only that part

north of the Greenville Treaty line, beginning at a point eighty-

nine miles north of the mouth of the Great Miami River. This

seems more evident when we see that in 1837 a Commission

is appointed to ascertain the proper point on the Ohio, at the

mouth of the Great Miami, where this line should begin. This

Commission, employing a competent surveyor, fixes the point on

the west bank of the Miami by erecting a stone, suitably in-

scribed; and, also, a second one only a few miles further north

on the same line. This being done no further effort is made to

ascertain and accurately mark this boundary. It is time now

that it should be done. In 1881, a joint Commission, on the

part of Pennsylvania and Ohio, began such a work on the

• 18
 

Boundary Line Between Ohio and Indiana, Etc.       145

 

boundary between those States, completing it in 1883. Its

report is herewith appended. It is complete. Appropriate stone

monuments at certain intervals on the line, securely and appro-

priately mark the line. The line was not changed but fixed

beyond dispute, and those who own land in either State know to

a certainty in which commonwealth their possessions lie. This

should be done on the western boundary and thereby settle the

question.

The 69th General Assembly of Ohio took steps at the

adjourned session in 1891 to have the western and northern

boundary lines examined and the errors, if any existed, noted.

To this end the Governor was authorized by resolution "to

obtain the United States Coast and Geodetic Survey to accurately

ascertain and mark the boundary lines between the states Ohio and

Indiana, and Ohio and Michigan     *    *     *    *    ."

Prof. T. C. Mendenhall, Superintendent of the U. S. Coast

and Geodetic Survey upon request of the Governor, sent two

assistants in the summer of 1891 to the line. His report, as well

as those of the assistants, is here appended.

 

U. S. COAST AND GEODETIC SURVEY,

OFFICE OF THE SUPERINTENDENT,

WASHINGTON, D. C., November 27th, 1891.

HON. JAS. E. CAMPBELL, Governor of Ohio:

DEAR SIR: I have the honor to transmit herewith the reports of

Cephas H. Sinclair, Assistant, and George R. Putnam, Aid, U. S. Coast and

Geodetic Survey, relating to recent determination of the longitude of three

points on the boundary line, as accepted at present, between the states of

Ohio and Indiana.

On being requested by you to determine whether or not this line was

seriously in error, it was decided that the question could be most readily

and cheaply answered by telegraph longitude determinations at three

points on or near the line. The line is defined as a meridian passing

through the mouth of the Big Miami River, and therefore if correctly run

the longitude of all its points must be the same. To re-run the line would

have involved a large expenditure of time and money, and it was, evidently,

not worth while to undertake this until the magnitude of the error, if any

existed, should be determined.

The determination of the longitude of three points, one near each

extremity of the line and one near its middle point, would not require

more than a few weeks, nor cost more than a few hundred dollars and the

Vol. IV-10

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146        Ohio Arch. and His. Society Publications.     [VOL. 4

 

accuracy of the method is sufficient for a preliminary examination of this

character.

By exchanging signals on three nights, but without exchange of

observers for elimination of personal equation, it was estimated that the

error in the determination of the positiou of a point would not be greater

than 300 feet.

An examination of the reports herewith submitted will show that the

error is probably considerably smaller than this.

It was necessary in this case to fix the astronomical station at some

town or village in which telegraph connection with St. Louis, the base

station, was available and which was as near the supposed boundary line as

possible. The following points were therefore chosen after a careful ex-

amination by Mr. Putnam of the facilities offered by several proposed

stations at the northern end of the line: Elizabethtown, Ohio, Union City,

Indiana and Butler, Indiana.

While in none of these was the observing station exactly on the line,

in all it was so near that the error arising from the connection, which was

carefully made in all cases, must be insensible.

The initial monument at the mouth of the Miami River is not now

visible, but that next north of it was found and is assumed to represent the

initial point in longitude.

The result of the investigation is that the assumed boundary line is

about one mile too far to the east at Butler, Indiana, and about three-

quarters of a mile too far in the same direction at Union City. It is also

clear that it is a zigzag line, now deflecting toward the east and again to the

west, the probability being that on the whole it is too far to the east.

The condition of the line, as ascertained by Messrs. Sinclair and

Putnam, shows that whatever may be done in reference to the location of

the line, it is imperative that early attention should be given to its better

marking. Only a single State monument was found by these gentlemen,

and it is evident that in many places the location of the boundary depends

as much on tradition as any thing else. Among some of the older States

the failure to properly establish and mark boundary lines has given rise to

vexatious dispute and irritation on both sides; leading often to actual con-

flict, and nearly every generation has its tnrn at this. Ohio and Indiana

should seek an early settlement of this question through the establishment

of a joint commission, empowered to establish and mark with suitable and

permanent monuments the line separating these two great States.

I would respectfully urge, therefore, that this matter be brought to the

attention of the next General Assembly and that such a course be recom-

mended for their consideration.

I am yours, faithfully,

T. C. MENDENHALL, Superintendent.

• 20
 

Boundary Line Between Ohio and Indiana, Etc.          147

 

 

U. S. COAST AND GEODETIC SURVEY,

WASHINGTON, D. C., November. 5, 1891.

DR. T. C. MENDENHALL, Superintendent

U. S. Coast and Geodetic Survey, Washington D. C.

SIR: I have the honor of submitting to you the following report on

the determination of the difference of longitude of St. Louis, Mo., and

three points on the Ohio and Indiana boundary, for the purpose of ascer-

taining the deviation of that boundary, which was intended to be a true

north and south line, from a true meridian. This method of procedure is

based on the well-known fact that the longitude of all points on a true

meridian line is the same.

In compliance with instructions dated October 2, I went to Holton,

Indiana, and conferred with Assistant Mosman in regard to boundary

monuments and marks near the south end of the line, which he had

examined. He informed me that the initial stone of the survey, set near

the mouth of the Big Miami River to mark the south end of the line, was

covered with deposits from the overflow of the river, but that at sometime

between 1855 and 1860 it was unearthed by railroad engineers after digging

ten or fifteen feet below the surface of the ground. Since then it has been

lost to sight, and may now be under many feet of detritus, or washed out

entirely by changes in the stream.

On the pike leading to Lawrenceburg, nearly a mile south-west of

Elizabethtown, Ohio, at the State line crossing, is a large, round stone, two

feet in diameter at the base and fully eight feet above ground, tapering

to about fourteen inches in diameter near the top, which terminates

in a conical cap, the entire monument being one stone. It was so covered

with hand-bills that all of the inscription was not laid bare, but the date,

1837, was exposed.

With the exception of this stone I did not hear of any authentic

boundary marks other than section corners and posts set on the railroads

to mark the State line, which are of comparatively recent date, but were

sufficient for the purpose of making the examination desired.

The large monument referred to, was selected as the initial station for

the longitude work, as the probability is that it can not be out of position

materially, since it is within two and a quarter miles of the south end

of the line.

It was necessary to locate the longitude station at Elizabethtown in

order to be near a telegraph station, but connection was made with the line

monument by means of a theodolite and two measurements with a thirty

metre steele tape.

Interchanges of longitude signals were made with Mr. G. R. Putnam at

St. Louis, who co-operated with me in this work on October 14, 16 and 17.

No exchange of observers was made on any of the lines, but the personal

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148         Ohio Arch. and His. Society Publications.      [VOL. 4

 

equation derived from five primary lines during the last season was applied

to each result.

Latitude was determined with zenith telescope No. 6, by seventy-four

observations on twenty-one pairs of stars during four nights.

Two meridian stones were placed in Wayne St. 130.65 metres apart, and

the astronomical station was referred to the Presbyterian Church, Methodist

Church, and to the cupola of the public school.

The next station selected was Union City, which lies in both States.

The boundary is shown here by the State line pike and a prominent post at

the railroad crossing, but with the exception of section corners, there are

no other marks near.

A convenient location was found for the station near the depot telegraph

office and boundary post on the railroad, and signals were interchanged

with St. Louis, October 22, 24 and 25.

Latitude was determined by fifty-two observations on sixteen pairs of

stars during four nights, with zenith telescope No. 6.

The astronomical station was referred to the State line post on the rail

road, to the cupola of the public school erected in 1891, to the M. E.

Church and the Disciples Church.

While at Union City, I transferred the meridian to the State line road

by means of the theodolite. A point was assumed as the center of the road

by looking south several miles along the road; the theodolite was set over

this point and directed as nearly as could be by the eye along the center

of the road, and it was found to deviate nearly 11/4^° to the east of north.

This deviation may be in error five or ten minutes, owing to the uncertainty

in locating the center line of the road.

The third station was selected at Butler, DeKalb county, Indiana, after

an examination had been made by Mr. Putnam of all the telegraph stations

near the State line from the north end as far south as the crossing of the

Nickel Plate R. R., abreast of Ft. Wayne, Ind.

Although Butler is 3.7 miles west of the boundary, connection was

easily made with two posts near the railway crossing, by measurements

with a steel tape along the L. S. & M. S. R. R., which runs straight for more

than three and one-third miles.

The station was located on grounds of the L. S. & M. S. R. R. about

eighty metres north, and a little west of the passenger depot, for conven-

ience to the telegraph office.

Longitude signals were exchanged with St. Louis, October 28, 29 and 31.

Latitude was determined by fifty-four observations on eighteen pairs

of stars. The astronomical station was referred to the Lutheran, Disciples,

Methodist and Winebrennerian churches; connection was made with two

boundary posts near the railroad crossing, by two measurements, with

a thirty-metre steel tape. The following table shows the results of three

determinations of longitude, and the deviation of the State line to the

eastward of the south station:

• 22
 

Boundary Line Between Ohio and Indiana, Etc.    149

While at Union City, I was informed that the line turned towards the west a few miles north of that point. It is evident that the line is an irregular one, sometimes bending east, then curving west, as would probably be the case with any of the meridians traced out by the needle many years ago. That the deviation towards the east is not uniform, is shown by the amount the line differs at Union City and at Butler from the south station. In a distance of 1° 03' along the meridian, the deviation to the east is 1,164 metres (3,819 feet), while in a distance of 2° 17' it only amounts to 1,510 metres (4,954 feet), or a little over 1,000 feet more. If the deviation was regular, it would have been 2.17 times as great, or 2,526 metres (8,287 feet) over one and one-half miles. Moreover, the deviation of the State line road, at Union City, of one and one-fourth east of north, if constant from the south station, would be, at Union City, about 8,300 feet, or over one and one-half miles, and at Butler about 18,000 feet, nearly three and one-half miles. These facts point to the irregular character of the boundary. The examination proves that while the line is not a true meridian, it is not in error ten or twelve miles as is supposed by many. Should the line be traced out as a true meridian from the south end, it would probably cut from Indiana a strip of territory amounting to nearly 100 square miles in area. Mr. C. Y. Dixon was associated with me as recorder, and rendered efficient service. The field work was completed on October 31, and by November 3 all the members of the party were in Washington. Fortunately, the weather was quite favorable for field operations, so that the entire time consumed from the date Mr. Putnam began his examinations of telegraph stations and boundary marks at the northern end of the line, until the parties reached Washington, was less than a month: Our work was very much facilitated by the promptness of the Western

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150         Ohio Arch. and His. Society Publications.       [VOL. 4

 

Union Telegraph officials in connecting our astronomical stations with

their wires, and making up the circuits for the interchange of longitude

signals.

My thanks are due the citizens of Union City for their assistance in the

preparation of the astronomical station.

Yours, respectfully,

(Signed)                           C. H. SINCLAIR, Assistant.

 

U. S. COAST AND GEODETIC SURVEY,

WASHINGTON, D. C., Nov. 6th, 1891.

DR. T. C. MENDENHALL, Superintendent

United States Coast and Geodetic Survey:

SIR: I herewith submit report of observations made at St. Louis, Mo.,

for the purpose of determining the longitude of three stations on or near

the Ohio-Indiana boundary line, in co-operation with Assistant C. H. Sin-

clair. I have already reported the result of an examination of the northern

portion of the boundary line. On completion of this examination I went

to St. Louis, reaching there the morning of October 10. On account of

delay in receiving instruments and preparing them for use, it was impossible

to commence observations before October 13. Observations were com-

pleted October 31, signals having been exchanged on nine nights; five

nights were lost on account of time required to change stations, four

nights on account of bad weather at one or both stations, and one night on

account of mistake of operator. At St. Louis there was but one night that

was too cloudy for time observations, though on several occasions the very

smoky condition of the atmostphere was quite unfavorable to good work.

Latitude observations were made on seveal nights simply for practice.

Prof. Pritchett kindly offered all the facilities of the Washington

University Observatory, and the east pier in the transit room was occupied.

This pier is 53.5 inches or 0.004 seconds of the time east of the west pier,

or C. and G. S. station of 1881. No observations were made for personal

equation, but the value derived from five lines (exchange of observers) in

1891 was used.

The following table gives simply the results obtained; as these results

will be discussed by Mr. Sinclair in his report no further comment is made

here:

West of Greenwich.

H. M.    S.

Longitude, St. Louis, Mo., (Transit 1881) .................6 00 49.163

State Line Monument, Elizabethtown, 0......5 39 16.775

"        "        "     Post, Union City, Ind..............5 39 13.504

"                  "             "    Butler, Ind ..................5  39  12.448

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Boundary Line Between Ohio and Indiana, Etc.   151

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152       Ohio Arch. and His. Society Publications.  [VOL. 4

 

 

THE NORTHERN BOUNDARY.

The sessions of Virginia and the ordinance of 1787 not only

defined the eastern and western boundaries of the three States

to be first formed in the north-west territory, but also provided

for the boundaries of two additional States, should Congress de-

cide upon their formation in the northern part of the territory.

Article 5 of the ordinance of 1787 provided for this division in

the following language:

* * * "Provided, however, and it is further understood

and declared, that the boundaries of these three States shall be

subject to be so far altered, that if Congress shall hereafter find

it expedient they shall have authority to form one or two States

in that part of the said territory which lies north of an east and

west line drawn through the southerly bend or extreme of Lake

Michigan." * * *

April 30, 1802, the Congress of the United States passed an

act "to enable the people of the eastern division of the territory

(east of a line drawn due north of the mouth of the Great

Miami River, already cited in this report) to form a Constitution

and a State Government." Section 2 of this act defines the

boundaries of the State; the north boundary in these words:

* * *    "And on the north by an east and west line drawn

through the southern extreme of Lake Michigan, running east,

after intersecting the due north line aforesaid, from the mouth

of the Great Miami River, until it shall intersect Lake Erie or

the territorial line; thence with the same, through Lake Erie to

the Pennsylvania line aforesaid." * * *

The Convention elected to frame the Constitution for the

State, under the act of April 30, met at Chillicothe in November,

1802. The 6th section of the 7th article of that Constitution

defined the boundaries of the State; the northern boundary as

follows:

* * *    " And on the north by an east and west line drawn

through the southern extreme of Lake Michigan, running due

east after intersecting the due north line aforesaid from the

mouth of the Great Miami until it shall intersect Lake Erie or

the territorial line; and thence with the same through Lake

• 26
 

Boundary Line Between Ohio and Indiana, Etc.   153

 

Erie to the Pennsylvania line aforesaid; provided, always, and it

is hereby fully understood and declared by this Convention that,

if the southerly bend or extreme of Lake Michigan should ex-

tend so far south that a line drawn due east from it should not

intersect Lake Erie, or if it should intersect the said lake east of

the mouth of the Miami of the Lake, then and in that case, with

the assent of the Congress of the United States, the northern

boundary of this State shall be established by, and extend to a

direct line running from the southern extremity of Lake Michi-

gan to the most northerly cape of the Miami Bay, after intersect-

ing the due north line from the mouth of the Great Miami River

aforesaid; thence northeast to the territorial line and by the said

territorial line to the Pennsylvania line."

This Constitution was soon after sent to Congress, where it

was referred to the proper committee. When the clause relative

to the northern boundary was considered it was decided that

"the proviso contained in the 6th section of the 7th article of

the Constitution of the State of Ohio, depending on a fact not

yet ascertained, and not being submitted in the shape of other

propositions from the Convention to Congress, the committee

have thought it unnecessary to take it, at this time, into con-

sideration."

The act of April 30, 1802, did not authorize any boundary

save that designated in the ordinance of 1787. The maps of that

period gave the location of Lake Michigan other than its true

position, hence no one contemplated that an error might place

the boundary line, if made strictly in accordance with the ordi-

nance of 1787, or the act of 1802, further south than was intended

in the ordinance. Mitchell's map, then considered good authority,

located the northern boundary line so that its eastern extremity

passed above Lake Erie altogether and struck the Detroit River

immediately above the upper extremity of the lake. That such

would be the north boundary of Ohio was unquestionably the

intention of Congress at the time. Lewis' map of the United

States, published as late as 1815; Vance's map, published in 1818,

and many other maps, of an earlier or later period, show the

northern boundary of Ohio to be this line. When the Conven-

tion met in Chillicothe, such was the prevalent opinion. While

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154       Ohio Arch. and His. Society Publications.  [VOL. 4

 

the Convention was in session, some one doubted the accuracy

of the maps, and the question arose as to what point on Lake

Erie a direct line east from the southern extremity of Lake

Michigan would touch. It is also said that while this subject

was under discussion information was received through a trapper,

or Indian trader, that Lake Michigan extended much further

south than was commonly supposed, and as delineated on the

maps of the period. The Maumee River and its outlet into

Lake Erie was considered as of vital importance. At that time

rivers were the highways of commerce, and their outlets, espec-

ially into the lakes or ocean, looked upon as valuable sites for

centers of trade. The Maumee River, while not navigable for

boats of a heavy burden, was, above and below the rapids, well

adapted to boats of light pattern, especially flat-boats and

pirouges of commerce, the freight trains of that day. The river

also drained a very important extent of country, and at its head

stood the old and well-established trading post of Fort Wayne.

The subject was of too much interest to be overlooked. Consid-

ering the evident intent of the ordinance of 1787 and also that of

Congress, from its knowledge of the country and the desirability

of the outlet of the Maumee River, the Convention adopted this

proviso, contained in the 6th article, stipulating, "with the assent

of Congress," that the boundary should be the line terminating

on the north cape of the Maumee Bay. Another question had

no little influence in securing this action. It was argued by

some of the delegates that if the southern extremity of Lake

Michigan was as far south as claimed by those who denied the

accuracy of the maps, a direct line east to Lake Erie would fall

so far south of that body of water that it would not intersect the

northern territorial line in the lake and that there was a possi-

bility that it might not touch the lake at all; also, that if it did,

it would be at a point so far south that if the line continued east-

ward to the Pennsylvania line it would cross the northeastern

part of the proposed State (Ohio) and there cut off a part of the

State, leaving it without any jurisdiction or belonging to the

territory north of Ohio. Obviously, it was argued with good

reason, no such probabilities as the foregoing were contemplated

by Congress when adopting the ordinance of 1787, nor the act of

• 28
 

Boundary Line Between Ohio and Indiana, Etc.   155

 

April 30, 1802. Arguing from all these tenable points, the Con-

vention considered itself justified in the insertion of the 6th

section of the 7th article of the State Constitution. The Consti-

tution was presented to Congress in December and referred to

the proper committee. This committee decided, as has been

noted, that this section not being presented separately and its

decision being based upon a fact not yet known, they were not

called upon to adopt any report on that point.

Political influences had much to do with the creation and

admission of Ohio into the Union. Without stopping to discuss

these it is only sufficient to say that in place of the usual resolu-

tion to admit the State, Congress passed on February 19, 1803,

"An act to extend the laws of the United States over the State

of Ohio." The preamble of this resolution recites, "That the

State of Ohio had formed a Constitution and State Government,

and that thereby became one of the United States of America."

The passage of this act accepted the Constitution as adopted

by the Convention, and hence Ohio's claim to her northern

boundary lies-

First-In the evident intent of the ordinance of 1787, and

by the act of 1802, and

Second- The acceptance of its Constitution by the General

Government.

That part of the north-west territory lying north of the Ohio

boundary was attached to Indiana territory, which comprised all

the territory west of Ohio to the Mississippi River. Its seat of

Government was Vincennes, on the Wabash River. The distance

from Detroit and other remote settlements in this part of the

territory to Vincennes, made exceedingly inconvenient and diffi-

cult the transaction of public business. January 11, 1805, Con-

gress passed an act organizing Michigan territory out of "All

that part of the Indiana territory which lies north of a line drawn

east from the southerly bend or extreme of Lake Michigan, until

it shall intersect Lake Erie, and east of a line drawn from the

said southerly bend through the middle of said lake to its northern

extremity, and thence due north to the northern boundary of the

United States."

It will be seen that this act fixes the southern boundary of

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156        Ohio Arch. and His. Society Publications.  [VOL. 4

 

the Michigan territory on the division line established by the

ordinance of 1787, and hence gave to the territory that part of

the State of Ohio lying north of this same line, and accepted by

Congress as part of Ohio. This conflict of territory does not

seen to have been noticed by Congress nor by any one. The

country was then unsettled and held principally by the Indian

tribes. In 1807 the Ohio Legislature passed a resolution reciting

the fact that "the northern boundary line of the State is uncer-

tain, and has never been ascertained, and as it is generally

believed that an east and west line drawn through the southern

extreme of Lake Michigan, running east *    *  *  *   will not

intersect Lake Erie, or if it should intersect the said lake it will

be at a point east of the mouth of the Miami River of the lake;

therefore,

"Resolved, *  *   * That our Senators and Representatives be

instructed to use their influence to obtain the passage of a law, to ascertain

and define the northern boundary line of this State, and fix the same

agreeably to the provisions contained in the 6th section of the 7th article

of our Constitution."

On February 17, 1809, a second resolution was passed, the

preamble of which states that "great inconvenience has been and

is daily occurring in consequence of the western and northern

boundary lines of this State not being defined; therefore,

"Resolved, *     *     *     *    That our Senators and Representatives in

Congress be requested to use their best endeavors to have a commissioner

appointed on the part of the United States to act jointly with such commis-

sioner as may be appointed on the part of this State to ascertain, run and

mark the Western and northern boundaries thereof."

Nothing being accomplished under these resolutions, Decem-

ber 21, 1811, a third resolution was passed reciting the same facts,

also additional ones regarding the Indian cessions, and again

requesting "steps to be taken to accurately ascertain and mark

the western and northern boundaries of the State."

Congress, after these repeated requests, on May 20, 1812,

passed an act, "To authorize the President of the United States

to ascertain and designate certain boundaries, to-wit:

*  *  *  *   "That the Surveyor-General *     *  ishereby

authorized and required (as soon as the consent of the Indians

• 30
 

Boundary Line Between Ohio and Indiana, Etc.         157

 

can be obtained) to cause to be surveyed, marked and designated,

so much of the western and northern boundaries of the State of

Ohio, which have not been already ascertained, as divides said

State from the territories of Indiana and Michigan agreeably to

the act, entitled an act * * * * passed April 30, 1802, and

to cause to be made a plat of so much of the boundary line as

runs from the southern extreme of Lake Michigan to Lake Erie,

particularly noting the place where said line intersects the margin

of Lake Erie, and to return the same to Congress."

Under this act steps were taken to ascertain the northern

boundary. Josiah Meigs, the Land Commissioner, under date of

April 18, 1815, writes as follows to Edward Tiffin, the Surveyor-

General, regarding this question:

 

GENERAL LAND OFFICE, April 18, 1815.

SIR: Your letter of the 8th inst. has been received. You have mis-

understood me in relation to the boundary line between the State of Ohio

and Michigan territory. I had not made any determination that it should

not be run. On the contrary, in my letter of the 23d ulto., I wrote, "The

act of May 20, 1812, does not require astronomical observations for desig-

nating the northern and western boundaries of the State of Ohio, but it

would be desirable that the geographic latitude of the southerly extreme

of Lake Michigan should be known. You have two good sextants (the old

one is much the best of the two), if your surveyor could take that with him,

with a good watch and the nautical almanac, he might ascertain the latitude

of that point with sufficient accuracy for the purpose at least of serving as

a check on any error that might be made by the surveyor, who shall run and

mark the northern line, for if by astronomical observations on the shore of

Erie, made with the same instrument and by the same person, the surveyor

and astronomer shall agree, we may have considerable confidence that the

work is well executed." If you have persons competent to the business,

and the Indians consent to have those boundaries marked, the sooner it is

done the better.

I am, very respectfully, sir, your obedient servant,

JOSIAH MEIGS.

EDWARD TIFFIN, Surveyor-General, CHILLICOTHE.

 

During the summer of 1815, observations were taken by

Benjamin Hough, a surveyor, under the direction of Edward

Tiffin, of the latitude and longitude of the chief points in the

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proposed boundary, especially the north cape of the Maumee

Bay. The letter and observations of Mr. Hough are as follows:

 

CHILLICOTHE, June 30, 1815.

SIR: Enclosed you have the. result of an observation made by me on

the 27th day of May last (apparent time, or the 25th astronomical time), at

the most northerly cape of the Miami Bay. In making the observations,

I used the sextant belonging to your office, which you sent out with me for

that purpose. Previous to the observation I adjusted the instrument with

great care and precision, by various observations from eight o'clock in the

morning, until near noon. And in order to remove any doubts which might

entertain in making the necessary adjustments, or in making the observa-

tion at the instant the sun was at its meridian height, I took out an excellent

quadrant which was used by Mr. William Stephenson at the same time

I used your sextant, which uniformly produced nearly the same result upon

various trials and observations.

BENJ. HOUGH, Deputy Surveyor.

EDWARD TIFFIN, Esq., Surveyor-General.

 

May 27,1815, (apparent time) at noon, being at the most northerly cape

of Miami Bay, of Lake Erie, and by observation with a sextant belonging

to the Surveyor-General's office, carried out for that purpose, I found the

apparent altitude of the sun's lower limb to be 69^° 10' 0", from which

I made the following calculations, viz.:

Apparent altitude of the sun's lower limb............ 69^° 19' 00"

Add the sun's semi-diameter ....................... 00^° 15' 50"

69^° 34' 50"

Subtract the dip of the horizon, being five feet above

the surface of the water, and at five miles distance... 0^° 02' 00"

69^° 32' 50"

Correction for refraction, 32'; subtract ditto for paral-

lax, 3'; difference .................   . ..........   0° 00' 19"

69^° 32' 31"

Subtract the index error ..................... .........  0^°  2' 15"

The true altitude of the sun's center ................. 69^° 30' 16"

W hich deduct from  ................................. 90^° 00' 00"

Zenith  distance .....................................  20^°  29'  44"

Add the sun's declination (north) ................... 21^° 22' 06"

The latitude of the place of observation .............. 41^° 51' 50"

BENJ. HOUGH, Deputy Surveyor.

EDWARD TIFFIN, ESQ., Surveyor-General.

 

 

 

 

 

 

 

 

to ascertain and designate certain boundaries, to-wit:

*  *   *  *   "That the Surveyor-General *       *   is hereby

authorized and required (as soon as the consent of the Indians

• 32
 

Boundary Line Between Ohio and Indiana, Etc.          159

 

The report bears the following indorsement: "Calculation

defective, as Mr. Hough applied no correction for sun's declina-

tion in longitude, and sun's declination is taken on the 28th of

May instead of 27th, the day of observation.

 

GENERAL, LAND OFFICE, September 16, 181_5.

SIR: In my letter of the 8th of August I acknowledged the receipt of

Mr. Hough's observations and calculations for the latitude of the northern

cape of the Miami of Lake Erie. I find that Mr. Hough has not said

whether the Index Error was + or-, nor mentioned the longitude on

which his calculation of the Sun's declination was founded. I have caused

a rigid calculation to be made from the data furnished by Mr. Hough, and

find that if the longitude he assumed, 82^° west, which is near the truth, and

if the Index Error be + 2' 15" the latitude is 41^° 39' 47"; and if the Index

Error be-2'15" the latitude is 41^° 44' 17", which makes the latitude in the

first supposition 12'3" less, and on the second 7'33" less; which in the

first is equal to 13^m 957 and in the second 8^m 745 English miles, without

allowing for the spheroidal figure of the earth.

You will receive with this, plats of T. 3, S. R. 7, E. 3, meridian. T. 3, S.

R. 6, E. 3, meridian.

The draftsman observes that these townships do not agree with those

adjoining. The north tier of sections appears to have a vacant space.

Please to explain and rectify the error.

I have sent to Philadelphia for a case of instruments for your use.

I wish you to use every exertion to canvass the survey of the Military

Bounty Lands to be completed as soon as possible.

I am, very respectfully, yours,

EDWARD TIFFIN, ESq., Surveyor-General.       JOSIAH MEIGS.

 

During the next year as has been noticed in this report, one

of the members of Congress from Ohio, on August 9th, 1816,

called the attention of the Commissioner of the General Land

Office to this act of 1812 and urged the necessity of action, here-

tofore held in abeyance by the unsettled condition of the Indian

affairs in that part of the country. On the 22d of the same

month the Land Commissioner, General Meigs, directed the

Surveyor-General, Edward Tiffin, at Chillicothe, to engage a

"faithful and   skilled deputy to survey and mark the said

northern boundary."

The Surveyor-General employed William Harris, "an ex-

perienced, skillful, practical surveyor, and in December, 1816,

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160        Ohio Arch. and His. Society Publications.   [VOL. 4

 

gave him special instructions how to  *  *   *  run the line be-

tween Ohio and Michigan Territory."

On December 31, Mr. Harris replied as follows:

 

VINCENNES, December 31, 1816.

DEAR SIR: At the time I wrote to you last, which was in the latter

part of September, I had engaged to lay out a town a few miles below Fort

Harrison, which has taken me considerably longer than what I expected.

It has been but three or four days since I returned to this place. I have

been sorry since I wrote that I had not have been more explicit in my

answer respecting running the boundary line between Lakes Michigan and

Erie. I believe that I informed you that I did not know but what I would

engage in this business which implies an uncertainty. My reasons for

answering that part of your letter which relates to this business, in this

way, was this: I did not altogether understand what you wanted to have

done--whether you wanted a line run from one lake to the other or only

the boundary line established between the State of Ohio and the Michigan

Territory, or whether you would have the line run between the States of

Indiana and Ohio, or not.

As the mail leaves to-day, and it will be inconvenient for me to leave

this place for two or three days, and perhaps may meet with some delays

on the road to Chillicothe, I have thought it best to write and give you a

more explicit answer.

If the line can be established between the States of Ohio and Indiana

at this time, I should be glad to undertake the job. If not, I wish you to

employ some other surveyor, for it will be impossible for me to travel so

great a distance and establish a line of few miles in length for the com-

pensation allowed.

There appears to be a treaty on foot with the Indians, for which pur-

pose a part of the Commissioners are here at this time, and it is said their

object is to make another purchase of land. Should this be effected I will

survey as great a proportion of this as you will please to give me.

With the greatest respect, I am your obedient servant,

WILLIAM HARRIS.

MR. EDWARD TIFFIN, Surveyor-General.

Also in January, 1817, he writes:

 

CINCINNATI, January 12, 1817.

DEAR SIR: Your instructions for running and establishing the line

between the States of Indiana, Ohio and Michigan Territory I have re-

ceived. On examination of which I find that I am instructed to commence

the line which is to divide the State of Indiana from the Michigan Terri-

tory at the south boundary of Lake Michigan and run east to Lake Erie.



• 34
 

Boundary Line Between Ohio aud Indiana, Etc.         161

 

This part of your instructions appears to me to be incorrect. The Consti-

tution of the State of Indiana fixes or establishes this line ten miles fur-

ther north. Whether the Convention of Indiana has fixed this line differ-

ent from what was intended by the ordinance of Congress, I do not know,

and indeed I do not think it material, for it appears that the Government

have accepted and ratified the Constitution of Indiana without any altera-

tion, and by so doing have established the boundaries of said State, as de-

fined by the Constitution.

This subject seems to be quite important, and I think it would be

well to consult the Government about this business before the line is run.

I am, with greatest respect, your most obedient,

WM. HARRIS.

MR. EDWARD TIFFIN.

 

About this time Governor Lewis Cass, of Michigan, took

steps to secure a survey of the southern boundary of that Terri-

tory. William Harris was engaged to run the line. The Land

office furnished Governor Cass a copy of the Constitution of

Ohio, instead of, as he had supposed, the ordinance of 1787, on

which Michigan's claim was based.      To this Governor Cass

made vigorous protest in the following letter:

 

DETROIT, November 1, 1817.

DEAR SIR: Report says, that the line which has been recently run,

purporting to be the line between the State of Ohio and this Territory,

was not run a due east course from the southern extremity of Lake Michi-

gan to Lake Erie, but a course somewhat to the north of this, although

how much I am unable to ascertain.

The Act of Congress organizing this Territory makes its southern

boundary a due east line from the southern extremity of Lake Michigan,

and this act is in strict conformity with the fifth article of compact in the

ordinance for the government of the northwestern Territory. These are

declared to be unalterable except by mutual consent; and, although the

boundary of Indiana was extended, contrary to their provision, ten miles

north, yet I believe it was done unadvisedly, and will, when this Territory

is heard in the Legislature of the nation, be a subject for revision and

examination.

The Convention of Ohio in their Constitution proposed to the United

States, if it was found that an east line from the southern extremity of

Lake Michigan would pass south of Lake Erie, that the boundary should

run from that extremity to the north point of the Miami Bay. But this

proposition has never been acceded to by Congress, and if the construction

which we put upon the articles of compact be correct, no agreement, even

Vol. IV-11

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162        Ohio Arch. and His. Society Publications.   [VOL. 4

 

by that body without our consent, could alter these lines. But if Congress

possessed this right, nothing can be clearer than that the exercise of it

would be impolitic and unjust.

Why should the boundaries of Ohio be enlarged at the expense of

this Territory? It is only adding strength to the strong, and making the

weak still weaker. Even with the boundaries secured by the ordinance,

this Territory must remain small in size and weak in population. By re-

ducing it, its period of admission into the general confederation is in-

definitely postponed. The country upon the Miami has no natural con-

nection with the interior of Ohio. To send the people who inhabit it to

Columbus to transact those affairs, for which States are organized, is to

send them where no avocations of business call them, and where there is

no identity of interest.

But I will not detain you with any detailed observation upon this sub-

ject. The considerations are too obvious to require it, and if there is to be

a serious attempt to change this line, those considerations must be en-

forced at another time and in another place.

I can not believe that, in opposition to the Acts of Congress, this line

has been run with any variation from an east course. But I will thank you

to communicate to me the information in your power, connected with it.

How the line has been run; why it has been run in the manner reported,

if so done, and by whose instructions. And also what has been the return

of the surveyor.

This subject is important to the people of this Territory and to the

people living upon the Miami. A disputed jurisdiction is one of the

greatest evils which can happen to a country. The sooner, therefore, the

business is investigated the better.

Very respectfully sir, I have the honor to be your obedient,

LEw. CASS.

HON. EDWARD TIFFIN, Surveyor-General.

 

President Monroe's attention was called to the matter and

upon his direction a survey was made of a direct east line, from

the southern extremity of Lake Michigan to Lake Erie. John

A. Fulton was employed by Edward Tiffin to do the work. No

report of this survey was made to Ohio, or at least none can be

found. It is known as the "Fulton Line" in distinction to the

"Harris Line," and does not seem to have been seriously con-

sidered by Congress in the final disposition of the question.

The contract and correspondence with Mr. Fulton, and made by

him, are herewith appended:

• 36
 

Boundary Line Between Ohio and Indiana, Etc.          163

 

Articles of agreement, indented, had, made and fully agreed upon this

19th day of September, in the year of our Lord one thousand eight hundred

and eighteen, between Edward Tiffin, Surveyor-General of the United

States, of the one part, and John A. Fulton, Deputy Surveyor of Ross

county, of the other part-:  Witnesseth, that for and in consideration of

the conditions, terms, provisions and covenants hereinafter expressed and

according to the true intent and meaning thereof, the said John A. Fulton

doth hereby covenant and agree with the said Edward Tiffin, in his capacity

aforesaid, that he, the said John A. Fulton, with the assistance of such

chainmen and axmen as may be necessary (being first duly sworn) will, in

his own proper person, faithfully lay out, survey and mark the north

boundary line of the State of Ohio, agreeably with the laws of the United

States, and such instructions as he may receive from the said Edward

Tiffin, Surveyor-General. And the said John A. Fulton further covenants

and agrees that he will make out a neat and accurate plat of the survey of

the said line on a scale of two inches to a mile, exhibiting thereon the

bearings taken at each mile post, together with the quality of the land,

timber, etc.; and that he will complete the survey of the line aforesaid, and

make return thereof on or before the 1st day of November next (acts of God

only excepted) on penalty of forfeiture and paying to the United States the

sum of one thousand dollars if default be made in any of the foregoing

conditions.

And the said Edward Tiffin, in his capacity aforesaid, covenants and

agrees that upon the completion of the work aforesaid, in manner afore-

said, there shall be paid to the said John A. Fulton, on behalf of the United

States, as a full compensation for surveying and marking the line aforesaid

and making the plat thereof, five dollars per mile for every mile and part

of a mile actually run, random lines and offsets not included; provided, no

member of Congress have any part in this contract.

In testimony whereof, the parties to this indenture have hereunto set

their hands and seals the day and year first above written.

EDWARD TIFFIN, [SEAL].

JOHN A. FULTON, [SEAL].

Signed, sealed and acknowledged before us:

SAM'L WILLIAMS.

 

Mr. Harris surveyed the line in accordance with his instruc-

tions and made report to the Surveyor-General's office. From

this report it appears he "ran, marked and designated specific-

ally, beginning at a willow tree marked as a beginning corner,

standing on the most northerly cape of the Miami Bay," and

from thence surveyed a direct line towards the southern ex-

tremity of Lake Michigan, until it intersected the western or

Ohio and Indiana boundary ltne. At this intersection he erected

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164       Ohio Arch. and His. Society Publications.  [VOL. 4

 

a pile of stones and marked and designated it in his field notes,

and on the plat of his survey as the northwestern corner of Ohio.

The accompanying plats of Mr. Harris' survey show the line run

at this time by him under the act of May 20, 1812. They are

copied from Mr. Harris' return to the General Land office, and

were obtained in 1817 by Governor Worthington. This line is

known as the "Harris Line." The Surveyor-General, in his

letter to Governor Worthington, observed:

"That it would be seen by said return that in running a due

east line from the southern extremity of Lake Michigan, that line

struck Lake Erie seven miles and forty-nine chains south of the

mouth of the Miami of Lake Erie. * * * Harris laid off the

northern boundary on a line direct from the most northerly cape

of the Miami Bay towards the southern extreme of Lake Michi-

gan until his line intersected the due north line from the mouth

of the Great Miami River, this line being in conformity to the

6th section of the 7th article of the Constitution of Ohio."

On December 10, 1817, Governor Worthington, in his mes-

sage to the Ohio Legislature, stated that-

"The northern boundary of the State had been lately ascer-

tained under the authority of the United States, and urged that

the question be settled at an early day."

That part of the message, with accompanying documents,

was referred to a select committee, which committee, January

20, 1818, made the following report:

"That the northern boundary of the State of Ohio, adjoining

the Michigan territory, having been run during the last season,

by order of the General Government, it was ascertained that a

line running due east from the most southern extreme of Lake

Michigan intersected the Miami of the Lake several miles from

its mouth, and Lake Erie some distance east of said river; and

it being provided in the 6th section of the 7th article of the Con-

stitution of this State that if the southerly bend or extreme of

Lake Michigan should extend so far south that a line drawn due

east from it should not intersect Lake Erie, or if it should inter-

sect the said lake east of the mouth of the Miami of the Lake,

then, and in that case, with the assent of the Congress of the

United States, the northern boundary of the State should be

• 38
 

Boundary Line Between Ohio and Indiana, Etc.     165

 

established by and extend a direct line running from the south-

erly extreme of Lake Michigan to the most northerly cape of the

Miami Bay, after intersecting the due north line from the mouth

of the Great Miami River; thence northeast to the territorial

line; which line, from the most northerly cape of the Miami Bay

was also run agreeably to the above recited provision of the Con-

stitution. Your committee are of the opinion that the Congress

of the United States fully assented to the aforesaid provision of

the Constitution of this State in their acceptance of this State

into the Union with the Constitution containing the aforesaid

provision."

The following resolution was recommended by the com-

mittee and adopted by the Ohio General Assembly January 29,

1818:

"Resolved, etc., * * * That this General Assembly consider the

line running from the most northerly cape of the Miami Bay westwardly

in a direction to the most southerly extreme of Lake Michigan till it inter-

sects the line running due north from the mouth of the Great Miami River,

as the north boundary of that part of the State of Ohio adjoining the

Michigan territory."

From the survey of the Harris Line, in 1817, and the action

of the Ohio Legislature in 1818, nothing further was done until

1820. On February 12 of that year the Ohio Legislature passed

an act creating the counties of Williams, Henry, Wood, and

Sandusky. In describing and fixing their boundaries the act

declared that each should extend north to the State line; Henry,

Williams and Wood bordered on the State line. The exercise of

civil authority by officers elected under Ohio laws was resisted

on the part of the Michigan territorial authorities, which led to

many perplexing and vexatious questions, ending in a conflict

of authority, as each commonwealth claimed the disputed terri-

tory.  The question claimed the attention of both Ohio and

Michigan from 1820 until 1835, during which interval civil juris-

diction and civil processes were much hindered.. Taxes often

were not collected, and a state of affairs existed that within

themselves were a constant source of annoyance to the residents

of this district.

Ohio, through her representatives in Congress, made re-

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166       Ohio Arch. and His. Society Publications.                                  [VOL. 4

 

peated attempts to have the line definitely settled.                                 Finally,

acting on the suggestion of Governor Robert Lucas, in his

message in 1835, the Legislature passed a declaratory act assert-

ing her rights to the boundary fixed in the Constitution and

accepted by Congress. The northern boundary now began to

be a serious question. Both Michigan and Ohio made prepara-

tions to assert and maintain by force their claims, and what is

known in local history as the "Ohio-Michigan war" began.

Michigan contended that the "Fulton Line" was the true

boundary, supporting her claim by the following statements:

First--The organic act of the territory, the ordinance of

1787, made this the boundary.

Second-The act of Congress in 1805, created the territory,

reaffirmed the same statement and fixed the southern boundary

of the territory upon this line.

Third-That Ohio's claim as set forth in her Constitution,

was unconstitutional, and hence invalid.

Ohio, on her part, contended-

First-That the clause in the ordinance of 1787, in relation

to these boundaries, was based upon a fact not then known, and

also upon an incorrect knowledge of the latitude of the southern

extreme of Lake Michigan.

Second-That the intent of Congress was clearly shown in

the maps of that period, which located the eastern terminus of a

direct line east from the southern bend of Lake Michigan, some

distance north of its true ending.

Third-That in accepting the northern boundary of Ohio,

as laid down in her Constitution, Congress reaffirmed its intent,

and thereby fixed the boundary.

Fourth-That the line insisted upon by Michigan, as the

boundary, would not touch the territorial line, and that, also, it

would cut off part of north-eastern Ohio-a condition Congress

in no wise contemplated.

Fifth-That in fixing the northern boundary of Indiana,

ten miles north of the line claimed by Michigan, and Illinois still

further north, Congress reaffirmed its understanding of the in-

tention of the lines designated by the ordinance of 1787, and

Sixth-That Michigan being a territory could have no part

• 40
 

Boundary Line Between Ohio and Indiana, Etc.  167

 

in this question. If there be any, it is between Ohio and the

United States, and the latter having accepted the Constitution

of Ohio, with its special provision regarding the northern

boundary, thereby agreed to it, and hence established and fixed

the said line as defined in Ohio's Constitution. The authorities

of Ohio, therefore, declined to discuss the matter with the Michi-

gan authorities, and recognized them no further than as intruders

upon her domain.

The act of the Ohio Legislature, creating the counties of

Williams, Henry and Wood, also provided for the appointment

of three commissioners to run and re-mark the "Harris Line."

Under its provision Governor Lucas appointed Uri Seely, of

Geauga county; Jonathan Taylor, of Licking, and John Patter-

son, of Adams. They were instructed to begin their work

April 1, 1835.

These acts on the part of Ohio aroused the authorities of

Michigan to action, and on February 12, the territorial council

passed an act making it an offense to exercise any official function

north of the Fulton line, or do any act that would give assent to

Ohio's claims.

Governor Lucas began to exercise vigorous measures to carry

out the acts of the Ohio Assembly. The Legislature made large

appropriations of money, and the Ohio militia was called into

service. The authorities of Michigan were equally active, and a

serious conflict seemed imminent, when Richard Rush, of Phila-

delphia, and Colonel Howard, of Baltimore, accompanied by

Elisha Whittlesey, member of Congress from Ohio, arrived with

instructions from President Jackson, to use their influence to stay

hostile proceedings. Messrs. Rush and Howard held several

conferences with the Executives of both commonwealths, and

submitted to them the following propositions:

First-That the Harris line be re-marked in accordance

with the act of the Ohio Legislature without opposition, and

Second-That civil elections under the laws of Ohio having

taken place in the disputed territory, the people be left to their

choice of Governments until Congress shall decide the question.

Governor Mason, of Michigan territory, declined assent to

either of the proposals. While Governor Lucas, in accordance

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168       Ohio Arch. and His. Society Publications.  [VOL. 4

 

with his attitude, that he could deal only with the National, and

not with the territorial authorities, accepted them. Both Gov-

ernors, however, ceased largely from their belligerent positions.

The President referred the matter to Attorney-General Butler,

who gave it as his opinion that the action of Ohio in extending

her jurisdiction north of the southern boundary (Fulton line)

of Michigan, as recognized by Congress in the creation of Michi-

gan territory in 1805, was a violation of the laws of the United

States, but that the act of re-marking the Harris line would

be no violation. He also gave it as his opinion that the act

of the Michigan council, claiming jurisdiction over the disputed

territory, was valid, and would remain so until annulled by

Congress.

Under a knowledge of these facts, the Ohio Commissioners

began their re-survey of the Harris Line, at the north-west

corner of the State. They met with some opposition from

the Michigan authorities, but none serious until on Sunday,

April 26, (having re-marked thirty-eight and one-half miles)

when they were surprised by a force of fifty or sixty men. Part

escaped and part were captured, taken to Tecumseh, where they

were admitted to bail. Those who escaped came to Perrysburg,

where they made report to Governor Lucas, who in turn reported

the matter to the President, who caused an investigation to

be made. At the same time he again advised all such actions to

cease. Governor Lucas called, in June, 1835, a special session

of the General Assembly, which passed, among other acts, one

to "prevent the forcible abduction of citizens of Ohio;" and

also erected Lucas county from the north part of Wood county,

making Toledo the county-seat and providing for the exercise

of civil government there. The General Assembly also passed

an act conditionally ratifying the acceptance by the Governor of

the proposition of Messrs. Rush and Howard, stipulating that all

actions against Ohio citizens be annulled and cease. The Legis-

lature adjourned June 20th, and soon after the Governor re-

quested Noah H. Swayne, William Allen, and David T. Disney

to proceed to Washington and confer with President Jackson,

with a view to securing his influence to quiet the existing

troubles. The President expressed doubt as to his authority in

• 42
 

Boundary Line Between Ohio and Indiana, Etc.         169

 

the premises; but promised to use his influence towards effecting

the arrangement requested by Ohio, until Congress could decide

the question.

On the 20th of July, Governor Lucas instructed the Com-

missioners to complete the remarking of the Harris Line, and

advised them to begin work in September. Notwithstanding the

expressed wish of the President, the authorities of Michigan

maintained an aggressive attitude and continued arrests. The

President preemptorily removed the Secretary of the Territory,

acting Governor Mason, and appointed Charles Shaler of Penn-

sylvania, to the position of Secretary of the Territory. Mr.

Shaler declined the place and John S. Horner was appointed.

An agreement was made between Governor Lucas and Mr.

Horner that all prosecutions should cease on the part of both,

and that the line should be re-marked unmolested. These ar-

rangements being in accord with the recommendations of Messrs.

Rush and Howard, the question now came before Congress. In

the meantime, under direction of Governor Lucas, the Com-

missioners began again, on November 2d, to re-mark the Harris

line. They completed their work two days afterward and made

the following report:-

PORT MIAMI, November 4, 1835.

His Excellency, ROBERT LUCAS, Governor of Ohio.

SIR: The undersigned, Commissioners appointed under and in virtue

of, the provisions of the act of the Legislature of the 2d of February, 1835,

* * * beg leave to report:-That * * they went upon the ground on

Monday, the 2d day of November, 1835, *   *  and commenced re-marking

said line, from the point where they were interrupted in April last, to the

northern cape of Maumee Bay, and continued their work  * * *  until

it was fully completed *  *  *.

They caused permanent posts to be set up and marked as line posts on

the road leading from Sylvania to Monroe, where the line crosses said road,

and on the turnpike road leading from Toledo to Monroe where the line

crosses said turnpike road about seven miles from Toledo; in the prairies

where the mile stations ended, and at the extreme northern cape of the

Maumee Bay, where they found the willow tree called for in Harris' field-

notes, marked as the beginning corner on the cape, which marks are plainly

to be seen. They caused a large stone to be set seven links east of said

willow corner, on the cape marked on the north side with the letters

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170       Ohio Arch. and His. Society Publications.  [VOL. 4

 

"M. T." for Michigan Territory, and on the south side with the letter "O."

for Ohio. These letters were deeply cut in the stone.

We further report that the line thus run and re-marked, With the

aforesaid additional indications is plain and permanent; easily found and

not to be mistaken.

W. S. MURPHY,

JONATHAN TAYLOR,

URI SEELY,

Commissioners.

JAMES HUGHES,

Assistant.

In Congress the question was referred to the Judiciary Com-

mittee of the Senate, John M. Clayton, Chairman. This com-

mittee made report March 1, 1836, on a "bill to settle the

northern boundary line of the State of Ohio." This bill pro-

vided that:

"The northern boundary of the State of Ohio shall be es-

tablished by and extend to a direct line running from the south-

ern extremity of Lake Michigan to the most northerly cape of

the Miami Bay; thence northeast to the northern boundary line

of the United States; and thence, with said line, to the Pennsyl-

vania line, etc."

The committee found that "aside from the declaration made

in the Constitution, the State of Ohio could have no right,

strictly speaking, to the line therein set forth." The question

then came upon the "assent of Congress."  "Did the admission

of Ohio into the Union, with such a clause in the Constitution,"

constitute the "assent of Congress?" The Judiciary Committee

gave the matter careful consideration, concluding its examination

with the following language:

* * *    "We do not hesitate then, to express our convic-

tion that, while Congress has not yet, in terms, declared its satis-

faction with the line now contended for by Ohio as her northern

boundary, it has, in the most solemn manner, accepted her State

Constitution, recognized it, as made pursuant of a lawful au-

thority to make it, conferred by an act which reserved the right

to annex to Ohio, at any future period, a country embracing the

whole territory in dispute; and has, by these means, assented to

the terms of the proviso, which is one of the essential features

• 44
 

Boundary Line Between Ohio and Indiana, Etc.  171

 

of the Constitution. * * *  We hold that by the acceptance

of this Constitution Congress undertook, that if the fact should

be hereafter satisfactorily ascertained that the southerly extreme

of Lake Michigan extends so far south that a line drawn due

east from it must intersect Lake Erie east of the Miami of the

Lake, then, with the assent of Congress, the northern boundary

should be the very boundary described in this bill. *  *  *

That, for reasons which we now proceed to detail, Congress can

not, consistently with the original understanding of the compact

between that State and this Government, and those obligations

which, though not strictly legal, are of great equitable and moral

force among nations, as well as individuals, withhold its assent

to the line in the bill."

The committee then state the fact that at the time the Con-

stitution of Ohio was formed, the maps then considered authority

placed the southern extreme of Lake Michigan between 22^°, 20,

and 22^°, 30', north. The committee cites Peter Bell's map, of

1722, as making a "due east line strike the Detroit River north

of Lake Erie." Also that of William Fadden, in 1777, Kitchen's

atlas, Enon Bowen's map and John Gibson, an engineer of 1763,

all placed the line as terminating further north of Lake Erie

than that asked for by Ohio.

Whittle's map, of 1794, and an "ancient map of the north-

west territory" showed the same line. Mitchell's map, much in

use, not only when the Constitution was made in 1802, but also

prior to that and afterwards, showed the latitude of the southern

extreme of Lake Michigan at 42°, 20', north. All these placed

the line due east as terminating north of the Maumee Bay.

"In view of all these facts," the committee say, "that it was

believed by both parties that the new State of Ohio would com-

prehend not only the whole territory claimed by her, but also a

large tract still further north."

The bill as indorsed by the committee fixed the boundaries

of Michigan and Indiana as well as the northern boundary of

Ohio. With few minor amendments it passed both branches of

the National Congress, and thus the question in dispute from

1802 to 1836 was settled. The "Harris Line" was confirmed,

and to Michigan, then admitted as a State, was given the

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172         Ohio Arch. and His. Society Publications. [VOL. 4

 

"Upper Peninsula," at that time considered of little value, but

ultimately found to be the most valuable part of her domain.

The next year after the boundary question was settled by

Congress, the Land Office took measures to connect the line with

those of the public surveys, and on May 15, 1837, the following

letter of instructions was issued:

 

SURVEYOR-GENERAL'S OFFICE, CINCINNATI, May 15, 1837.

SIR: You will herewith receive a contract, special instructions,

copies of field notes, plats, descriptions of corners, etc., for connecting the

line of demarcation between the States of Ohio and Michigan with the

lines of the public surveys intersected thereby, together with a printed

copy of the "General Instructions to Deputy Surveyors."

Your obedient servant,

R. T. LYTH.

By SAMUEL WILLIAMS, Chief Clerk.

ANDREW PORTER, ESQ.

Special instructions to Andrew Porter, D. S., for connecting the public

surveys with the boundary line between the States of Ohio and Michigan:

SIR: I am instructed by the Government to cause the boundary line

between the States of Ohio and Michigan, as established by recent acts of

Congress, to be connected with the lines of the public surveys through

which it passes. This work is committed to you.

You will commence the work at the northwest corner of the State of

Ohio, which you will re-establish, by determining the precise point, should

the old post be gone, and replacing the post. At this point place a post of

not less than twelve inches diameter of the most durable wood you can

find, to be set three feet in the earth and five high above the surface. The

post will be faced on three sides, forming a right-angled triangle, with the

longest side in a line with the meridian and facing to the west, on which

you will mark the letters "Ind." The other two sides will face, one north-

easterly, the State of Michigan, and the other southeasterly, the State of

Ohio. On the former mark the letters "Mich.", and on the latter the letters

"Ohio."  These several letters to be made not less than two inches square

each, and to be deeply cut into the post. Take several bearing trees from

this post in each of the States.

From this post you will then retrace the boundary line between the

States of Ohio and Michigan, which, by the original survey, is on the

course of north eighty-seven degrees and forty-two minutes east. (N. 87°;

42' E.)

After having established this post, you will measure on the State line

north and south therefrom, to the nearest section corners thereon of the

section intersecting it from the east.

• 46
 

Boundary Line Between Ohio and Indiana, Etc.           173

 

In retracing the boundary line, you will carefully re-measure it, taking

field notes of every thing proper to be noted thereon, and observing to

verify its identity with the original line, by the field notes thereof, here-

with furnished to you.

As you proceed in retracing the boundary line, you are to ascertain its

intersection with every line of the surveys of the public lands which it

intersects; and at every such intersection you will establish and mark

conspicuous corners. These corners are to be made thus: At the points of

intersection set a post of durable wood not less than six inches diameter,

sunk two feet at least into the earth, and standing three feet above the

surface. The post is to be faced on two opposite sides at the top, and

twelve inches long, which sides are to be parallel with the State line. On

the northerly side you are to cut the letters " Mich.," and on the southerly

side the letters " Ohio," to be deeply cut in the wood, and not less than one

inch and a half in diameter. And on a blaze made on each of the two

opposite sides of the post, you will mark in the usual way the number of

the sections respectively, facing the blaze. From each of these posts you

will take four bearing trees, and two on each side of the State line, having

one in each section, on either side of the boundary line.

In prairies where bearing trees cannot be had, you will raise a mound

of earth or pile of stones around the post, of four feet high and not less

than that diameter at the base, the mound to be faced with sod on its entire

surface. The post must stand not less than two feet above the mound, and

be in the center thereof.

From the posts thus established, on the section lines, you will measure

very exactly, both north and south, to the nearest section corners, noting

the quarter section posts passed by you, and taking field notes of the lines

thus measured. And where you intersect an east and west line, you will

measure thereon to the nearest section corners in like manner.

The measurements on the State line and your entries thereof in the

field notes will begin anew from every section line you intersect. You will

note the mile posts of the original line, as you pass them.

Your field notes of the work must be kept in separate field books for

each township, including the east boundary thereof.

As this line is now made the permanent boundary, or line of demar-

cation between two sovereign States, each exercising jurisdiction thereto,

you need not be reminded how important it is to observe the utmost

accuracy in identifying and retracing it, and in making the monuments

thereon at the section lines.

For ROBT. T. LYTH, Surveyor- General.

SAM'L WILLIAMS, Chief Clerk.

SURVEYOR - GENERAL'S OFFICE, CINCINNATI, May 15, 1837.

Additional: From where the State line intersects the Maumee Bay,

and the right and left bank of the Ottawa River, you will carefully meander

each way to the first meander post from each intersection.

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The surveys of the Land Office completed the work on this

boundary. The posts set up by the survey gradually wore away

till few, if any, are left. They should be replaced by durable

stone posts, suitably inscribed, and thus the line clearly and

permanently established.

To recapitulate, briefly: The line came into prominence in

1802; then again in the survey by William Harris in 1817; again

in 1835 when re-marked by the Ohio Commissioners; and finally,

when re-run by the Land Office in 1837.  It will no doubt

always stand and though not, perhaps, technically in accordance

with the letter of the ordinance of 1787, it fulfills its conditions

fully when all considerations are regarded, and as such was so

considered in the Congress of the United States when the ques-

tion was finally considered and settled.

 

 

 

 

CORREESPONDENCE RELATIVE TO NORTHERN BOUNDARY.

 

UNITED STATES COAST AND GEODETIC SURVEY,

2122 MAPLEWOOD AVENUE, TOLEDO, OHIO,

December 21, 1891.

DR. T. C. MENDENHALL, Superintendent United States Coast and Geodetic

Survey, Washington, D. C.:

DEAR SIR: In compliance with your instructions of December 7, I

have investigated the dispute relating to the boundary line between the

States of Michigan and Ohio and have the honor to submit the following

report:

The first act of Congress in regard to the establishment of the northern

boundary of the State of Ohio, called for a true east and west line from the

most southerly point of Lake Michigan. According to this the Fulton Line

was run, which left the mouth of the Maumee River in the Territory of

Michigan. Much dispute arose in regard to this line, which resulted in the

memorable Toledo war, and finally in the establishment and adoption of the

Harris Line for the northern boundary of the State of Ohio. The descrip-

tion of this line is as follows: A direct line running from the southern

extremity of Lake Michigan to the most northerly cape of Miami Bay, after

intersecting the due north line from the mouth of the Great Miami River,

thence northeast to the territorial line and by the said territorial line to the

Pennsylvania line.

• 48
 

Boundary Line Between Ohio and Indiana, Etc.          175

 

This line was run and marked by William Harris, in 1817, in con-

formity to instructions from the Surveyor- General.

The great object in dispute at that time was the City of Toledo and its

harbor on Maumee River. A few acres more or less having been considered

of very little importance, the State line was only roughly and poorly marked.

All of the land in this vicinity is referred to the Michigan Base. The

bearing of the Harris Line being N. 88 E., it does not follow the direction

of township lines, but crosses them at an acute angle, and the two lines in

this locality, where they cross or are very close together, have been con-

fused. The description of much of the land refers to the boundary line,

the location of which is not known. The line was marked by blazed trees.

With the development of the country, saw mills were established, timber

was cut down, and land was cleared. The result was that the marks were

destroyed.

Soon after receiving your instructions I visited Sylvania, Ohio, which

is located close to the line, and I could find nobody in that locality who

could give me any information in regard to a mark on the line. My visit

to this locality caused considerable excitement among the landowners.

They were unanimous in declaring it necessary that the line should be

re-surveyed and marked. I have received some communications, which

are attached to this report.

Although my investigation was extended only to this one locality, I

learned enough to convince me that a re-survey and marking is necessary.

Land that is claimed to be in Michigan is assessed for road improvements

in Ohio. The Highway Commissioner of Monroe county, Michigan, informs

me that he is unable to complete roads that are close to the boundary on

account of the uncertainty. Fences are often torn down on both sides and

angry disputes arise. The tax lines on land in the two States also cause

much trouble; many people taxed for more land than they possess.

The local surveyors might settle some of the disputes temporarily; but

a location made by them would not satisfy all parties. A survey under a

joint commission from the two States is earnestly requested.

As your instructions directed me to make an investigation only as far

as I might be able in this locality, I did not feel justified in expending any

money and confined myself to only about ten miles of territory. A further

and more complete investigation could be made should you deem it

necessary.                  Very respectfully yours,

P. A. WELKER,

Sub-Assistant Coast and Geodetic Survey.

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176        Ohio Arch. and His. Society Publications.     [VoL. 4

 

 

OFFICE OF H. W. WILHELM, COUNTY SURVEYOR,

TOLEDO, OHIO, December 18, 1891.

CAPT. P. A. WELKER, United States Coast and Geodetic Survey:

DEAR SIR: In reply to yours of recent date I would say that the

boundary line between the States of Ohio and Michigan is an unfixed

quantity; said line can not be located from any data to which we have

access. All witness trees and other reference points locating intermediate

points on said boundary line are lost. It is absolute that said boundary

line be located in order to fix definitely disputed location of public high-

ways, section lines and other official as well as private descriptions which

are located and described with reference to said State boundary line.

Yours respectfully,

H. W. WILHELM,

Lucas County Surveyor.

 

 

 

OFFICE AUDITOR OF LUCAS COUNTY,

TOLEDO, OHIO, December 21, 1891.

P. A. WELKER, City:

DEAR SIR: Replying to your favor of the 19th instant, I would say,

there has been more or less complaint made by parties living near the

supposed Ohio and Michigan line. It is claimed by many of them that

they can not tell whether they live in Ohio or Michigan. Some claim they

are called upon to pay taxes in both States. It seems to me the question of

State line should be located and marked that the question may be settled

for all time to come.            Very respectfully,

CHAS. H. JONES,

Auditor.

 

 

SYLVANIA, December 14, 1891.

To P. A. WELKER, United States Coast and Geodetic Survey, Toledo,

Ohio:

DEAR SIR: The undersigned citizens of Sylvania township, Lucas

county, Ohio, owners of real estate along the State line between Ohio and

Michigan, would respectfully represent that the uncertainty as to the true

location of said line is the occasion of much misunderstanding in the

establishment of highways, and of dissatisfaction on the part of some of us

who are required to pay taxes upon the same land in both Ohio and

Michigan.

The undersigned would therefore pray that to remedy the evils above

mentioned and all others which must obviously result from uncertainty as

• 50
 

Boundary Line Between Ohio and Indiana, Etc.         177

 

to the location of said State line, that the United States Government cause

said line to be authoritatively and unmistakably established.

Respectfully yours,

A. B. WEST,                                       ANDREW REGAR,                          C. M. ADSIT,

W. W. COVELL,                                WM. B. WARREN,                           O. ADSIT,

FOSTER R. WARREN, R. BLANCHARD,                                                  LOUIS POTTER,

A. R. CHANDLER,                            S. G. BEMRETT,                               S. M. JUDSON,

JOHN W. LAIMOR,                          J. A. FLETCHER,                              A. H. WINSLOW, M. D.,

GEO. P. DOLPH,                               JOHN SHULL,                                  M. P. BERTHOLF,

F. H. BERTHOLF,                              C. GEILST,                                        F. W. DURFEE,

WM. CORY,                                       L. F. POTTER,                                   OLIVER YOUNGS,

FRED. WATKINS,                            C. E. ROCKENSTYRE.

 

 

SYLVANIA, December 18, 1891^.

MR. WELKER, Coast and Geodetic Survey:

DEAR SIR: I did not see you when you were here. Your cousin

came here yesterday and advised me to write to you concerning the re-

establishment of the State line between Ohio and Michigan.

I am taxed in Michigan on three and one-half acres and the same

land is also claimed by Mr. Nair on the north. The land is described on

the tax receipt as bounded N. by 1/4 line; S. by State line; E. by lands or

"bounds" unknown; W. by See. line. There is a piece of road that is

pretty bad at certain times of the year, ten or twelve rods long, running

along the west line not certainly known in which State it is located. It is

also claimed by landowners west of my farm that they are taxed on the

same strip of land in both States.

I would like to have the line permanently settled as to where the State

line is. The Michigan folks north of me have made me a good deal of

trouble in trying to force an east and west road on to me for the past two

years. I think that as the parcels of land are described (I am paying taxes

in two States), that they are trying to make the road in Ohio, said road,

according to the record at the township clerk's office, is to run along the

quarter line, and not over the line and into Ohio.

If you will use your influence in having the State line established I

will be much obliged.          Respectfully yours,

GEO. GERWICK.

 

UNITED STATES COAST AND GEODETIC SURVEY,

OFFICE OF THE SUPERINTENDENT,

WASHINGTON, D. C., January 6, 1892.

MR. A. A. GRAHAM, Secretary Ohio Archaeological and Historical Society,

Columbus, Ohio:

DEAR SIR: I return to your address by this mail two documents re-

lating to the boundary lines of the State of Ohio.

Vol. IV- 12

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178        Ohio Arch. and His. Society Publications.    [VOL. 4

 

In addition to returning my thanks for their use, I beg to urge the

importance of their publication by the State of Ohio.

The expense would be comparatively small, and the printed papers

would be of great interest and value to the general public.

I am yours faithfully,

T. C. MENDENHALL,

Superintendent.

 

 

UNITED STATES COAST AND GEODETIC SURVEY,

OFFICE OF THE SUPERINTENDENT,

WASHINGTON, D. C., January 27, 1892.

MR. A. A. GRAHAM, Secretary Ohio Historical Society, Columbus, Ohio:

DEAR SIR: Yours of the 9th instant is at hand. I have had the cor-

respondence to which you refer copied, and I send the copy to you here-

with, hoping the same will reach you in good order.

I will be pleased to receive from you any message or other document

which the governor may transmit to the Legislature in reference to this

matter of the boundary line. I will also be glad to be kept informed as to

any action that is taken by the Legislature in reference to the disputed

boundary line between Ohio and Indiana.

The subject of the boundary line between Ohio and Michigan, as you

see, is one of much interest and importance, but presents an aspect en-

tirely different from that of the Indiana question. It does not seem that

the location of the boundary between Ohio and Michigan is disputed in

theory, but only in fact. That is to say, it seems that the actual location of

the line upon the surface of the earth has never been definitely or perma-

nently determined, and hence this should receive attention as early as pos-

sible, in order that the confusion now existing shall disappear.

I think there would be no difficulty in adjusting this line, as doubt-

less Michigan and Ohio would immediately come to an amicable agree-

ment as to the appointment of commissioners who should settle the whole

question and see to the marking of the line. In Indiana the question is

somewhat different, as there the location of the line upon the surface of

the earth seems to be well determined. That is to say, it is accepted at

least by those on both sides of the line, although it is now known not

to agree with the theoretical boundary line as originally defined and

described.

I hope something may be done with this case also by the Legislature

during the coming winter, and I would be pleased to afford any assistance

to the Governor or to the Legislature in connection with the matter which

is in my power.

I am yours faithfully,

T. C. MENDENHALL,

Superintendent.

• 52
 

Boundary Line Between Ohio and Indiana, Etc.         179

 

 

GENERAL LAND OFFICE,

September 20, 181_5.

SIR: I observe in the National Intelligence of this day a notice that

probably, latitude of the southern extreme of Lake Michignn will be

ascertained the coming winter.

As the operations which have taken place relative to the latitude of

the North Cape of the Miami of Lake Erie appear to be very incorrect, of

which I gave you an account in my letter of the 16th instant, it will be best

to omit for the present any further proceedings relative to the boundary

between Ohio and Michigan.

I am very respectfully yours,

JOSIAH MEIGS.

EDWARD TIFFIN, EsQ.

NoTE.--In my letter of the 16th for "Geographical miles" read

English miles.

 

GENERAL LAND OFFICE,

October 2, 1815.

SIR: Your letter dated September 22 was received yesterday. A

copy of it will be laid before the Secretary of the Treasury. In this busi-

ness I presume I have taken the best move to fulfil the orders of the head

of the Department. It is expected that he will be in the city within a

few days.

I have had communication with the President on the subject of the

northern boundary of Ohio. I advise that Mr. Hough should take no fur-

ther trouble in that business. I have no doubt that the statement which

he received from your office will be taken due care of.

On the 22d of September I sent a case of instruments, obtained from

Philadelphia, by the politeness of Mr. Robert Patterson-it gives me

pleasure that I have been able to comply with your request of the 25th of

August so promptly.

Please to inform me in your next of the state of the survey in Harri-

son's purchase.

I am very respectfully your,

JOSIAH MEIGS.

EDWARD TIFFIN, ESQ., Surveyor-General, Chillicothe.

 

 

 

GENERAL LAND OFFICE,

October 19, 1815.

SIR: Your letter of the 15th of this month was received this morn-

ing. As the Deputy Surveyors are by contract to furnish you with three

plats and three descriptions of each township, let one copy be transmitted

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180        Ohio Arch. and His. Society Publications.     [VOL. 4

 

to this office as speedily as may be after they shall have been approved

by you.

I am obliged to Mr. Hough for his experiments relative to the latitude

of the North Cape of the Miami. I have reason to believe that the north

boundary of the State of Ohio will require much more scientific labor

than I had apprehended.

As you have nearly completed everything relative to surveys of the

Public Lands contracted for before you commenced your labors, I think

you will have much leisure during the winter.

I am respectfully yours,

JOSIAH MEIGS.

EDWARD TIFFIN, ESQ., Surveyor-General.

 

 

 

GENERAL LAND OFFICE,

December 9, 1817.

SIR: Yours of December 1, 1817, is received, with documents rela-

tive to the north and west boundaries of the State of Ohio.

By a recurrence to my letters of September 20 and of October 2, 10

and 19, 1815, you will see that you was not authorized to canvass those

boundaries to be run without further orders.

I have laid your letter and the documents before the Secretary of the

Treasury, with a copy of the correspondence above referred to.

I am very respectfully yours,

JOSIAH MEIGS.

EDWARD TIFFIN, ESQ., Surveyor-General.

 

 

 

GENERAL LAND OFFICE,

June 29, 1818.

SIR: I am directed to request you will adopt without delay measures

necessary for surveying and marking the northern boundary of the State

of Ohio, in conformity with the provisions of the act of 20th May, 1812,

authorizing the President of the United States to ascertain and designate

certain boundaries. As the line has already been run from the southern

extremity of Lake Michigan to the western boundary of Ohio, the con-

tinuation of that line to its intersection with Lake Erie will be a sufficient

compliance with the provisions of the act aforesaid. The expense of run-

ning the line may be defrayed out of the appropriation for surveying the

public lands. I recommend Mr. Harris as the most suitable Deputy for

this service, and I wish him to ascertain the latitude of that point on Lake

Erie which shall be on the east and west line running from the southern

extremity of Lake Michigan, and also to make the other trials to ascertain

the latitude of the southern extremity of Lake Michigan, unless he is

• 54
 

Boundary Line Between Ohio and Indiana, Etc.          181

 

satisfied that the latitude already given is correct. Mr. Harris's skill and

care will, of course, be employed to run the line so far as he possibly can

to coincide with the parallel of the latitude of Lake Michigan.

I am very respecfully, sir, your obedient servant,

JOSIAH MEIGS.

EDWARD TIFFIN, Esq., Surveyor-General, Chillicothe.

 

 

VINCENNES, July 24, 1818.

DEAR SIR: I have this day received your letter together with the

inclosed communication from the Honorable Commissioner of the General

Land Office, Mr. J. Meigs, respecting the running of the northern boundary

of the State of Ohio.

I feel much gratified in learning that my surveys last summer and

calculations of the latitude of the southern extreme of Lake Michigan have

met the approbation of Government. With regard to my running the

northern boundary of the State of Ohio at this time, I think it will be out

of my power to undertake, in consequence of the great distance which I

should have to travel and the small quantity of work to be done. No sur-

veyor can run that line without loss, unless he resides immediately in the

vicinity of the work. Unless I could receive a compensation double to

what is allowed by law, I should be unwilling to undertake so small a job

at so great a distance.

Notwithstanding it is out of my power to undertake this work, I feel

very grateful both to yourself and Mr. Meigs for the good opinion you ap-

pear to entertain of my integrity as a surveyor.

I am with greatest respect, your most obedient,

WILLIAM HARRIS.

MR. EDWARD TIFFIN, Surveyor-General.

 

 

 

COPY OF THE 18TH SECTION OF THE 10TH ARTICLE OF THE CONSTITU-

TION OF THE STATE OF INDIANA.

 

"In order that the boundaries of the State of Indiana may more

clearly be known and established, it is hereby ordained and declared, that

the following shall be and forever remain the boundaries of the said State,

to-wit: Bounded on the east by the meridian line which forms the western

boundary of the State of Ohio: on the south by the Ohio River from the

mouth of the Great Miami River to the mouth of the Wabash River: on

the west by a line drawn along the middle of the Wabash River from its

mouth to a point where a due north line drawn from the town of Vincennes

would last touch the northwestern shore of the said Wabash River: and

from thence by a due north line until the same shall intersect on east and

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182        Ohio Arch. and His. Society Publications.     [VOL. 4

 

west line drawn through a point ten miles north of the southern extreme

of Lake Michigan: on the north by the said east and west line, until the

same shall intersect the first mentioned meridian line which forms the

western boundary of the State of Ohio."

 

 

 

FIELD NOTES OF THE NORTH AND WEST BOUNDARIES OF OHIO.

JUNE 1, 1817.

Course and

Dist.    Miles.

Variation 5^° East.

Commenced at a corner on the Indian boundary line

near Fort Recovery,- from thence

North.                                           Between the States of Ohio and Indiana

27.00                                           Creek 40 links N. E.

78.00                                           Brook 8 N. E.

90                 Set post from which a white oak fourteen inches in

diameter bears S. 25, E. 12 links, and a white

ash eighteen inches in diameter bears N. 5, W.

23 links. Land level rich and good for farming

-beech, sugar, ash, spice undergrowth.

Variation 4.12 by observation.

North.                                           Continued between the States of Ohio and Indiana.

21.87                                           Intersected the line running from the North Cape

of the Miami Bay to the south extreme of Lake

Michigan 33.92 links. West of the seventy-one

mile corner set post, and put a pile of stones

about it, from which a beech fourteen in. diame-

ter bears N. 37, W. 44 links, and a sugar five

inches in diameter bears N. 31, E. 15 links,

and a sugar nine inches in diameter bears S. 8,

W. 20 links. Land rich and good for farming.

N. 34.42 E.         Between the State of Ohio and Michigan Territory

on a random.

67.67            To a stake which stands 9 miles, 76 chains and 75

links north of the North Cape of the Miami Bay.

Variation 3.32°.

Commenced at the North Cape of the Miami Bay,

made a willow a corner eleven inches in diame-

ter, and marked M. T. on the north side and O.

on the south, from which corner a point of land

bears S. 57, E. 6 or 7 miles, and a point of an

island bears S. 60, E. 6 or 7 miles, and the

north point of the same island bears S. 75, E.

6 or 7 miles. From thence

• 56
 

Boundary Line Between Ohio and Indiana, Etc.           183

 

 

Course and

Dist.    Miles.

S. 87^° 42' W.                                   Between the State of Ohio and Michigan Territory.

25.00                                       Along the shore.

Corner in the bay.

S. 87^° 42' W.                                    Between the State of Ohio and Michigan Territory.

33.92                                       To the N. W. corner of the State of Ohio, the corner

a pile of stones, from which a beech fourteen

inches in diameter bears N. 37, W. 44 links,

and a sugar five inches in diameter bears N. 31,

E. 15 links, and a sugar nine inches in diameter

bears S. 8, W. 20 links. Land rich and good

for farming.

 

 

 

SURVEYOR - GENERAL'S OFFICE.

November 2, 1818.

SIR: I transmit herewith a plat together with a copy of the field

notes of the north boundary of the State of Ohio, which has been run

in obedience to the instructions contained in your letter of the 29th of

June last.

As I foresaw, Mr. Harris could not be prevailed upon to do the ser-

vice; a copy of his letter to me on that occasion I also enclose, by which

you will see the reason why he declined it.

For the same reasons several other surveyors also refused to go out.

But I fortunately at length prevailed upon Mr. John A. Fulton (whose abil-

ities as an experienced surveyor and mathematician had been much praised

by others, and whose appointment to this service was highly agreeable to

Governor Cass of Michigan) to undertake it; and I have every reason to

believe, from an examination of his work, that he has executed it with

fidelity and correctness.

With the highest respect, I am your obedient and humble servant,

[Signed]      EDWARD TIFFIN.

The HON. JOSIAH MEIGS, Commissioner of the General Land Office.

 

 

PHILADELPHIA, March 27, 1835.

To GENERAL C. GRATIOT, Chief Engineer:

SIR: I have the honor to acknowledge the receipt this morning of

your letter of the 23d inst., postmarked 26th, requiring at as early a day as

practicable a report of the result of the astronomical observations made

for the adjustment of the north boundary of Ohio.  At this time I am

separated from all the papers relating to that service, but am able to state

generally from recollection the results arrived at.

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184        Ohio Arch. and His. Society Publications.    [VOL. 4

 

First. The due east line from the foot or most southern bend of

Lake Michigan, will intersect the Maumee River very near the line as run

and marked by commissioners; it will not vary from it 300 yards.

Second. The same due east line prolonged did not intersect the line

"along the middle of Lake Erie " as deduced from these observations; but

will pass more than two thousand feet south of the most southern point of

that line. I must also state that the long, low, narrow, sand point, on the

north side of Lake Erie, called "Point au Platt," or " Point Pell," was at the

time of my observations were made there, much shortened from some

cause; I was so informed by the captain of the cutter as we approached it,

and he expressed much surprise at the change that had taken place since

he last visited it. A young man residing near made the same remark that

the Point formerly extended much further into the Lake. The map pre-

pared by and accompanying the report of the commissioners for ascertain-

ing this portion of the National boundary, shows the same thing, viz.:

That the Point then projected much further south than at present.

It follows then, that a line " along the middle of Lake Erie," at the

time the commissioners surveyed it, must be considerably south at this

point; if the line along the middle of the Lake now.

Which of these lines shall be considered as the boundary line of the

United States, the undersigned is not competent to decide. If the first

line is the boundary, then it is probable the east line referred to will inter-

sect it very near its most southern culmination, and to ascertain that, fur-

ther observations will be necessary, and reference also to the notes of the

surveyors employed by the commissioners.

If the latter line, there is no doubt upon the subject, the observations

are already sufficiently advanced to decide that there will be no intersection.

I am, sir, most respectfully your obedient servant,

[Signed]      A. TALCOTT,

Captain Engineer.

 

 

The following is a copy of a paper enclosed in an envelope

bearing the following endorsement:

 

THE ORIGINAL ROUGH DRAFT OF THE COMMISSIONERS' REPORT

TO THE SECRETARY OF THE TREASURY RESPECTING

THE DISPUTED BOUNDARY LINE BETWEEN

OHIO AND MICHIGAN.

 

The first notice that can be found in relation to the present

disputed line is contained in the 5th article of the ordinance of

Congress for the government of the territory northwest of the

• 58
 

Boundary Line Between Ohio and Indiana, Etc.         185

 

River Ohio, of July 13, 1787 (Land laws, page 101), which pro-

vided that in case the State of Virginia should alter her deed of

cession, the territory should be divided into three States, having

the territorial line between the United States and Canada or the

boundary on the north in each case.

" Provided, however, that the boundary of these three States shall be

subject to be so far altered, that if Congress shall hereafter find it expedient,

they shall have authority to form one or two States in that part of said

territory which lies north of an east and west line drawn through the

southern bend or extreme of Lake Michigan."

On December 30, 1788 (Land laws, page 101), Virginia gave

her assent to the provisions of the before-mentioned 5th article

of the ordinance of July 13, 1787. (See this ordinance in ex-

tended Land laws, page 356, etc.)

On April 30, 1802 (Land laws, page 474), an act was passed

to enable the inhabitants of the eastern portion of the Northwest

territory to form a Constitution and State Government, and the

2d section, which defines the boundaries of the future State,

declares them to be:

"On the east by the Pennsylvania line; on the south by the Ohio

River to the mouth of the Great Miami River; on the west by the line

drawn due north from the mouth of the Great Miami aforesaid, and on the

north by an east and west line drawn through the southern extreme of

Lake Michigan, running east, after intersecting the due north line afore-

said, from the mouth of the Great Miami, until it shall intersect Lake Erie,

or the territorial line, and thence with the same through Lake Erie, to the

Pennsylvania line aforesaid."

The Constitution of Ohio was formed November 29, 1802,

and the 7th article recognized the boundaries as prescribed by

the act of April 30, 1802, with a proviso:

"That if the southerly bend or extreme of Lake Michigan, should

extend so far south that a line drawn due east from it should not intersect

Lake Erie, or if should intersect the said lake east of the mouth of the

Miami River of the Lake, then and in that case, with the assent of the

Congress of the United States, the northern boundary of this State shall be

established by, and extend to, a direct line running from the southern

extremity of Lake Michigan to the most northerly cape of the Miami Bay,

after intersecting the due north line from the mouth of the Great Miami

River as aforesaid; thence northeast to the territorial line, and by the said

territorial line to the Pennsylvania line."

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186         Ohio Arch. and His. Society Publications.    [VOL. 4

 

No act of Congress giving this assent, nor any act or resolu-

tion for admitting Ohio into the Union after her forming her

Constitution, is known, and by the act of January 11, 1805,

establishing Michigan Territory (Land laws, page 514), the

territory is described as comprising:

"All that part of the Indiana Territory which lies north of a line drawn

east from the southern bend or extreme of Lake Michigan, until it shall

intersect Lake Erie, and east of a line drawn, etc., etc."

In compliance with the requisition of the President, I have

the honor to make to you the following report:

Under the provisions of the act of Congress, approved May

20, 1812, entitled "An act to authorize the President of the

United States to ascertain and designate certain boundaries," the

Surveyor-General, under the direction of the President of the

United States, was

"Authorized and required (as soon as the consent of the Indians can

be obtained) to cause to be surveyed, marked and designated so much of

the western and northern boundaries of the State of Ohio which have not

already been ascertained, as dividing said State from the Territories of

Indiana and Michigan, agreeably to the boundaries as established by the

act entitled 'An act to enable the people of the eastern division of the

territory northwest of the River Ohio, to form a Constitution and State

Government, and for the admission of such State into the Union on an

equal footing with the original States and for other purposes,' passed

April 30, 1802; and to cause to be made a plat or plan of so much of the

boundary line, as may form the southerly extreme of Lake Michigan to

Lake Erie, particularly noting the place where the said line intersects the

margin of said lake, and to return the same when made to Congress."

Owing to that section of country being during that year the

scene of Indian warfare, no measures were at that time taken to

carry that act into effect.

The first communication on record from the Commissioner

of the General Land office to the Surveyor-General wherein

allusion is made to the act of May 20, 1812, above alluded to, is

a letter dated March 23, 1815, giving some general instructions

as to the then contemplated survey of a portion of the Michigan

Territory for satisfying Military bounty land warrants granted

for services during the late war.

The intention of those instructions appears to be merely

• 60
 

Boundary Line Between Ohio and Indiana, Etc.         187

 

precautionary lest the contemplated survey for Military bounties

in that territory (afterwards abandoned, however,) should possibly

encroach on what might be the northern boundary of Ohio. See

extract A.

The next notice of the subject is in a letter to Surveyor-

General Tiffin, dated April, 1815, which is reiteration of the

extract of the letter of March 23, 1815. See copy marked B.

In a letter dated January 6, 1815, Surveyor-General Tiffin

says:

"I also enclose herewith a sketch of the Sandusky River, and the result

of an observation made by Mr. Hough to ascertain the latitude of the most

northerly cape of Miami Bay, which he has been so good as to favor

me with."

"The latitude of the place of observation states Mr. Hough is 41^° 51'

50"-forty-one degrees, fifty-one minutes and fifty secouds.

In a letter dated August 8, 1815, addressing Surveyor-

General Tiffin, the Commissioner says:

"If possible, let Mr. Hough, or some other Surveyor ascertain the

latitude of the south part of Lake Michigan. The observations made for

the latitude on the shore of Lake Erie are valuable, and it will be very

acceptable to possess similar observations relative to the south part of

Michigan."

On September 16, 1815, the Commissioner of the General

Land Office addressed a letter to Surveyor-General Tiffin on the

subject of the latitude of the northern Cape of the Miami of

Lake Erie, containing strictures on Mr. Hough's calculations.

See copy marked C.

The following is a copy of a letter from the Commissioner

of the General Land Office to Surveyor-General Tiffin, dated

September 20, 1815.

"I observe in the National Intelligence of this day a notice that

probably the latitude of the southern extreme of Lake Michigan, will

be ascertained the coming winter. As the operations which have taken

place relative to the latitude of the North Cape of the Miami of Lake Erie

appear to be very incorrect, of which I gave you an account in my letter of

the 16th inst., it will be best to omit for the present any further proceedings

relative to the boundary between Ohio and Michigan."

P. S. In my letter of the 16th for 'Geographical miles', read " English

miles."

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188       Ohio Arch. and His. Society Publications.  [VOL. 4

 

Paper D. Is a copy of a letter from the Commissioner of

the General Land Office to the President of the United States,

dated September 20, 1815, on the subject of running the

western and northern boundaries of Ohio and suggesting that

Andrew Ellicott should be employed on that service.

On October 2, 1815, the Commissioner addressed Sur-

veyor-General Tiffin a letter of which the following is an

extract:

"I have had communication with the President on the subject of the

northern boundary of Ohio, and I advise that Mr. Hough should take

no farther trouble in that business."

On August 22, 1816, the Commissioner of the G. L. O.

informed the Surveyor-General that in consequence of the re-

ceipt of a letter from Mr. Creighton of Chillicothe, urging the

necessity of having the northern boundary of Ohio run and

established during that year, he had submitted the question to

the President, who had directed him to have it run and marked

agreeably to the act of May 20, 1812. On December 1, 1817,

the Surveyor-General transmitted to this office a copy of the plat

and field notes of the western and northern boundaries of Ohio,

and stated that as the question of jurisdiction between Ohio

and Michigan excited some interest, he enclosed copies of his

correspondence with Governors Worthington and Cass on the

subject. See document E. E.

The plat thus transmitted, shows that Mr. Harris, the

Deputy employed to execute the work ran the western boundary

from the old Indian boundary, northwesterly 97 miles; that

from this point he ran a random line north, 84^° 42', east, 71

miles, 67 chains and 67 links; that from the 70th mile post,

he made offsets south, 5 miles; west, 2 miles and south, 5 miles,

50 links, to ascertain the connection of his random line with the

North Cape of the Miami Bay, that from this North Cape he ran

and marked a line, as the northern boundary of the State, south,

87^° 42', west, 71 miles and 72 chains, when he intersected his

western boundary line 89 miles, 21 chains and 87 links from the

old Indian boundary. The copy of the field notes refers to the

following lines, viz.: 1st-The western line of Ohio (being the

• 62
 

Boundary Line Between Ohio and Indiana, Etc.  189

 

continuation of the line between Ohio and Indiana (from the old

Indian boundary near Fort Recovery, running north 89 miles,

21 chains and 87 links to what Harris calls the "Northwest

corner of the State." 2d-The random line commencing on the

western line of the State, as extended to the 97 mile post from

the old Indian boundary and running north, 84^° 42', east for 71

miles, 67 chains and 67 links. 3d--The line run from the North

Cape of the Miami Bay south, 87^° 42', west, to its intersection

with the western line of the State at said "Northwest corner."

(This line was intended to be in a direct course from the North

Cape to the south extreme of Lake Michigan), and 4th-A line

running east for 130 miles, 71 chains, 42 links from the southern

extremity of Lake Michigan to the line between Ohio and

Indiana, which it intersected 5 miles, 24 chains and 64 links below

what Harris designated as the Northwest corner.

The field notes-do not state the latitude of any position, but

in the letter of the Surveyor-General to Governor Cass before

referred to, it is stated that the deputy commenced his operations

at the southerly extreme of Lake Michigan, and found that an

one east line would strike Lake Erie seven miles and forty-nine

chains south of the most northerly cape of the Miami Bay-

and that "by his observations he found the latitude at the

southerly extreme of Lake Michigan to be 41^° 37' 19", and at the

most northerly Cape of the Miami Bay 41° 51' 50", a difference

of 14' 31". The latitude of the North Cape it is perceived is the

same as that given by Mr. Hough, whose calculations were pro-

nounced by Mr. Commissioner Meigs as being erroneous by his

letters to Mr. Tiffin of September 16, and 26, 1815.

All the foregoing papers were transmitted by the Com-

missioner to the Secretary of the Treasury on December 9, 1817,

and on the same day the Commissioner in acknowledging the

receipt of the letters and papers, sent by the Surveyor-General,

expressed to him his surprise that the lines had been run as he

" was not authorized to cause those boundaries to be run without

further orders," and referred to his letters to him of September 20,

and October 2, 10, and 19, 1815. To this communication the

Surveyor-General replied on December 17, 1817, by forwarding

a copy of the letter of the Commissioner to him of August 22,

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190       Ohio Arch. and His. Society Publications.  [VoL. 4

 

1816, ordering the survey to be made agreeably to the act of

August 22, 1816, ordering the survey to be made agreeably

to the act of 1812.

In the Senate of the United States on December 17, 1817, a

committee of which Mr. Morrow was chairman, was appointed

to "inquire whether any, and if any, what legislative provision

is necessary to be made for ascertaining and establishing the

northern boundary of the State of Ohio, and that they have

leave to report by bill or otherwise."

It may be fairly inferred that all these papers were sent by

the Secretary of the Treasury to this committee, as Mr. Morrow

by letter to him dated April 20, 1818, returned them to the Secre-

tary of the Treasury, with a memorial of the Legislative Council

of Michigan to Congress, dated January 3, 1818, in relation

to this line. In this letter Mr. Morrow states that:

"On comparing the returns of the Surveyor-General with the law

directing the survey, there appears to be a want of accordance. The fact is

not ascertained whether the line designated by the Ordinance of 1787, will

intersect Lake Erie east of the mouth of Miami River with that accuracy

which was intended by Congress. The Commissioner made no report on the

subject, believing the Executive has the power to cause the survey to

be made in the manner the law directed, and that Congress could not

properly legislate on the subject until such survey shall be made."

This letter, with all the accompanying papers, was sent to

the General Land Office by the Secretary of the Treasury on May

8, 1818, "for a report showing the irregularity, or defect of the

attempt which has been made to survey and mark the northern

boundary line of the State of Ohio, agreeably to the ordinance of

1787 and the act of 1802 for admitting the eastern territory north-

west of the Ohio into the Union." To this letter the Commis-

sioner made the reply of June 5, 1818, marked F.

On June 24, 1818, the Secretary of the Treasury directed the

Commissioner to have the northern boundary of Ohio run and

marked in conformity to the provisions of the act of May 20,

1812, and on June 29, 1818, the Commissioner directed the Sur-

veyor- General accordingly.

On November 2, 1818, the Surveyor-General transmitted to

the Commissioner the plat and field notes of the northern bound-

• 64
 

Boundary Line Between Ohio and Indiana, Etc.        191

 

ary of Ohio, as run in compliance with the order of June 29, by

John A. Fulton, Mr. Harris to whom the job was offered having

declined to act. The field notes state that the survey was com-

menced at the point on the western boundary of the State where

the line run by Harris east from the southern extremity of Lake

Michigan intersected that boundary, and called by Mr. Fulton the

northwest corner of the State of Ohio, and the line was run east

eighty miles and forty chains to the shore of Lake Erie. These

field notes do not state the latitude of the line at any point, but

by the plat it appears that the latitude of the point of the com-

mencement of his line on the line between Ohio and Indiana was

41^° 32' 47", at the thirty-five mile east thereof it was 41^° 32'

40" and at the intersection of the line with the Lake Erie it was

41° 31' 38". None of the papers show that Mr. Fulton ever

took the latitude of the south extreme of Lake Michigan.

Duplicate copies of the plat of the surveys by Mr. Fulton

and Mr. Harris were sent by the Commissioner to the Secretary

of the Treasury on March 7, 1820, who, upon the same day

transmitted them to the President in a letter of the following

purport, viz.:

"Pursuant to the provisions of the act of May 20, 1812, entitled 'An

act to authorize the President of the United States to ascertain and desig-

nate certain boundaries,' the northern and western boundaries of the State

of Ohio have been run and marked. Copies of the plats, or plans of the

said boundaries are herewith submitted, in order that they may be commu-

nicated to Congress."

And on March 8 the President transmitted them to the

House of Representatives with the following message:

"I transmit to Congress a report from the Secretary of the Treasury,

which, with the accompanying documents, will show that the act of May

20, 1812, respecting the northern and western boundaries of the State of

Ohio, has been executed."

The next document in order of date to which I can refer is

the printed report made to the House of Representatives on

March 18, 1828, by the Hon. Mr. Strong from the Committee on

Territories, recommending that the latitude of sundry points be

correctly ascertained. See paper G.

Accordingly on July 14, 1832, an act was passed directing

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the President to cause to be ascertained by accurate observations

the latitude and longitude of the following positions, viz.: The

southerly extreme of Lake Michigan, the point on the Miami of

the Lake which is due east therefrom, the most northerly cape

of the Miami Bay, of the most southerly point in the northern

boundary line of the United States in Lake Erie, the point at

which a direct line from the southern extreme of Lake Michigan

to the most southerly point said northern boundary of the United

States will intersect the Miami River and Bay; also the point on

the Mississippi which is due west from the southerly extreme of

Lake Michigan. The time limited for making these observations

was extended to December 31, 1835, by the 5th section of the

general appropriation law of March 2, 1833.

The results furnished by these observations have not been

communicated to this office, but in a letter from Captain Talcott,

by whom they were made, to General Gratiot, dated March 27

last, he states that, as at that time he was separated from all the

papers relating to that subject, he was only able to state generally

from recollection the results arrived at, which were: "The due

east line from the foot, or most southern bend of Lake Michigan,

will intersect the Maumee River very near the line as run and

marked by Commissioners; it will not vary from it 300 yards."

The other points in this letter refer to the boundary line in the

lake.

The line thus referred to by Captain Talcott must be the line

run by Fulton, as that is the only line run which has intersected

the Miami River.

All of which is respectfully submitted.

P. S.-Since the foregoing was written I have obtained a

copy of the Document No. 497, House of Representatives, first

session Twenty-third Congress, being Captain Talcott's report

of the observations made by him in 1833 under the act of 1832,

which is hereto annexed marked H. By the table annexed to

the report it will be perceived that he ascertained the latitude of

the south bend of Lake Michigan "to be 41^° 37' 7" 9" and of

the "bay point, or north cape of Maumee Bay, 41 44' 2" 4."

The following pages are copy of a paper on file in the Gen-

eral Land Office, Washington, bearing the following endorsement



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Boundary Line Between Ohio and Indiana, Etc.         193

 

 

 

"MR. HOWARD'S VIEWS, NORTH BOUNDARY OF OHIO --COPY

OF DOCUMENT RECEIVED IN B. C. HOWARD'S LETTER

OF APRIL 25, 1835- RECEIVED AT DEPART-

MENT OF STATE MAY 5, 1835.

The Attorney General in his lucid opinion says:

"The merits of the controversy were fully discussed before com-

mittees of the last Congress by Mr. Vinton, one of the members of the

House of Representatives for the State of Ohio, in behalf of the delega-

tion of that State, and Mr. Lyon, the delegate from the Territory of Michi-

gan, in elaborate written arguments, which have since been printed for the

use of Congress. In the references hereinafter made to the claims and

arguments of the respective parties, it will be understood that I refer to

these papers, unless some other reference is expressly named."

It is presumed also that he had before him a map, recently

issued by David H. Burr, upon which there are drawn two lines

from the southern extreme of Lake Michigan; one mentioned as

the " Boundary line as claimed by Ohio, surveyed by Harris in

1817," and the other "Northern boundary of Ohio as surveyed

according to the act of Congress, May 20, 1812. Surveyed in

1818, bearing due east from the south bend of Lake Michigan."

The inquiry becomes interesting, whether any facts exist,

bearing upon the question submitted to the Attorney General,

which are not noticed in the papers thus stated to be the founda-

tion of his opinion. It is by no means asserted that there are,

but the object of this memorandum is to place one or two before

the eyes of that eminent Jurist, in order that he may judge of

their importance or immateriality.

The opinion says:

"By the act of May 20, 1812, the President was directed to cause

to be surveyed, marked and designated, so much of the western and north-

ern boundaries of the State of Ohio, not already ascertained, as divides the

State from Indiana and Michigan, agreeably to the act of April 30,1802.

The line marked in pursuance of this law, is the one which has hitherto

formed the actual boundary of the State, and to which the Territorial

authorities of Michigan now hold and claim jurisdiction."

The facts supposed to exist and not referred to in the papers

submitted to the Attorney General, are: That the line which

Vol. IV-13

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purports, upon the map heretofore mentioned, to bear "due east

from the south bend of Lake Michigan " is not an east and west

line upon a parallel of latitude; that it was not so reported by

the surveyor who ran it; that, on the contrary, a due east and

west line, upon a parallel of latitude as run by him would have

been nearly co-incident with Harris's; and that no east and west

line has ever been run and finally sanctioned by an officer of the

Government.

Should these ideas be correct, the question then occurs,

what is the line up to which the President is required to enforce

the jurisdiction of Michigan under the act of 1805?

It may be proper to consider briefly how it has happened

that the thorough investigation of the respective titles of the

State and Territory, conducted upon each side with distinguished

ability, did not bring before the notice of the committee to whom

the arguments were addressed, the circumstances which it is the

intention of the writer of this note to set forth. The explana-

tion is easy. The question of ultimate title is altogether differ-

ent from the question relating to the action of the President

upon the question of possession. For the purpose of sustaining

the title upon either side, it is of no consequence whether an

east and west line has ever been run or not, except to ascertain a

fact upon which, according to the argument of Ohio, the proviso

in her Constitution becomes operative, and which the line as run

was thought sufficiently to establish; but after the decision of

Congress should have been pronounced, no matter in whose

favor it might have been, the subsequent running of the adopted

line would be a mere ministerial act. Hence, the argument was

properly dis-embarrassed from points which could only have ob-

scured it. A cursory examination of the documents upon both

sides will show that the facts relating to the existence and his-

tory of the two lines were not brought into view.

Mr. Woodbridge in his letter to the Governor of Ohio, dated

August 11, 1820, says: "The act of 1812 again recognizes the

same line," meaning Fulton's line and taking no notice whatever

of Harris's (Senate Doct., 23d Congress, 1st session, No. 354,

page 36).

Governor Cass in his message to the Legislative Council,

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Boundary Line Between Ohio and Indiana, Etc.    195

 

dated, January 5, 1831, refers to the line which was run under a

fresh appropriation by Congress on April 16, 1816, as being run

"in conformity with the various acts of Congress from the

southerly extreme of Lake Michigan to Lake Erie," meaning

Fulton's line and taking no notice of Harris's (same document,

page 30).

Governor Brown in his answer to Mr. Woodbridge, dated

September 20, 1820, rests the claim of Ohio upon the acceptance

of her Constitution, and says nothing about any line (same docu-

ment, page 39).

Mr. Lyon in his letter to Mr. Williams, dated January, 1834,

speaks of the line run in 1818 and takes no notice of Harris's

(same document, page 10).

Mr. Vinton in his letter to Mr. Tipton, dated January, 1834,

says: "The execution of this act (of 1812) was prevented by

the war and other causes till the year 1818, when the line was

run by the United States," taking no notice of Harris's line; and

again: "After the running of the line which was unavoidably

erroneous, it having been run from a station more than a hun-

dred and fifty miles west of the western boundary of the State,

and, as is understood, with a surveyor's compass and chain," etc.

(page 67), and again in the argument of a page (page 68) he

speaks altogether of Fulton's line, leaving Harris's entirely out

of view.

Judge Doty in his report to the Legislative Council (same

Document, page 45) dated March 5, 1834, refers to the act

of 1812, to show that the words of that act call for the boun-

daries established by the act of 1812, April 30th.

The history of the two lines is believed to be in substance

this. Under the act of 1802, put into activity by a fresh appro-

priation in 1816, instructions were issued that the line should be

run according to the constitution of Ohio; and it was run

by Harris in 1817 in a direct line as marked upon Burr's map,

upon complaint being made, fresh instructions were issued and

another line run by Mr. Fulton in 1818, who ran by the compass

due east from the southern extreme of Lake Michigan to Lake

Erie. He ascertained the latitude of the place of starting to be

41^° 38' 58" and upon taking an observation when he touched the

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State of Ohio, found himself to be in 41^° 32' 47" having got

several miles to the southward. Continuing his course to Lake

Erie, he found himself to be then in 41° 31' 38", making a differ-

ence of seven minutes and twenty seconds in latitude between

the commencement and termination of his line.

These figures are taken from a report made by Mr. Strong,

a member of the committee on the territories on December 10,

1828, referring to and adopting a report made by a former com-

mittee on March 18, 1828. It has been stated by two of the old

inhabitants on the Maumee, who remember the circumstances

attending the running of the line, that Fulton found himself to

be in a different latitude by 7' 20" upon his arrival at the lake

from that in which he started; and the precise correspondence

of this tradition with Mr. Strong's report leaves no doubt in the

mind of the writer of the correctness of both. This tradition

further says that when Fulton came to make an allowance for

his being 7'20" too far to the south, he found that it would bring

him to a point so near the one which Harris had reached the

year before, that it became unnecessary to prosecute his inquiries

any further.

Supposing that Mr. Strong deduced his information from

Fulton's report (and it is difficult to imagine from what other

source he could have drawn it), it follows, that the line upon

Burr's map which is drawn as an east and west line, correspond-

ing in latitude at both ends, is not so, and that Fulton did not so

report it. The termination of that line at Lake Erie is stated

upon the map to be precisely in the same latitude as the south-

ern extreme of Lake Michigan, viz: 41^° 37' 07": and although

the recent observations of Mr. Talcott may have corrected the

observations of Mr. Fulton as to the actual position of the south-

ern extreme of Lake Michigan, yet it is impossible to believe that

this precise latitude is the one, at which a line run due east by

the compass would strike Lake Erie. There is a principle of

mathematics in the way, of which Mr. Strong does not seem to

have been aware. In his report after mentioning the latitudes of

41^° 38' 58",-41^° 32' 47"-and 41^° 31' 38", as appertaining to the

southern extreme of Lake Michigan, the western line of Ohio,

and the termination at Lake Erie, respectively, he remarks:

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Boundary Line Between Ohio and Indiana, Etc.      197

 

"It is obvious that these cannot all be correct; if the southern

extreme of Michigan be in latitude 41 38' 58" north, then a due east line

would intersect the margin of Lake Erie 7' 20," or about seven miles north

of where it does by the survey and would include nearly all the Miami Bay."

According to the principles of mathematics (unless the writer

has strangely misunderstood or forgotten what he learned in

former days) a line run by the compass due east is continually

approximating towards the equator, owing to the compass

pointing to a great circle of the sphere, instead of a parallel of

latitude. Should such a line be run round the globe, the person

who followed it, when he arrived under the same meridian of

longitude under which he had set out, would find himself much

nearer to the equator than he was when he started, having con-

stantly receded from his original parallel of latitude and traced

what is called the Lexodromic Curve. It was owing to this

mathematical principle that Columbus found himself in the West

Indies, upon reaching America, although he had sailed due west

from a latitude nearly corresponding with that of the mouth of

the Chesapeake. The materials are not at hand to calculate

what the deviation in latitude would be, in running due east

from Lake Michigan to Lake Erie, but it is conjectured that the

difference noticed by Mr. Strong is not very remote from that

which would necessarily occur. Mr. Fulton seems, therefore, to

have run his line with much accuracy.  The question may here-

after arise whether a due east and west line in the ordinance of

1787 means a line run by the compass or run upon a parallel of

latitude. Congress appears to have decided that it means the

latter by directing, in the act of 1832, the latitude of several

points to be ascertained, thereby indicating that they intend to

run the boundary line from some one of these points to the

other.

If the preceding observations be correct, it appears to follow,

that the line, which purports upon Burr's map to bear due east

from the southern extremity of Lake Michigan is not an east and

west line by a parallel of latitude, as is stated on that map; that it

was not so reported by the surveyor who ran it; that, on the con-

trary a due east and west line by latitude would have been nearly

co-incident with Harris', and that no east and west line has ever

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been established or sanctioned by the Government. To what

line, then, is the President required by law to sustain the juris-

diction of Michigan in the execution of the act of 1805?

It is not for the writer to consider this question, as he might

be subject to the imputation of an unwarrantable interference

with matters that appertain to a tribunal, universally acknowl-

edged to possess the highest discernment. Even for this note,

the writer feels that an apology is due, which he respectfully

offers in his desire to be useful, far surpassing his ability to be so.

April 25, 1835.

 

NoTE. -The preceeding correspondence, concerning the boundary

line dispute, was delivered to me by the former secretary of the society,

Mr. A. A. Graham. Although fragmentary and at points disconnected, it

is nevertheless a valuable contribution to the subject and worthy of per-

manent preservation in this volume. These letters are published pre-

cisely as they came into my hands.--E. 0. R.

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