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.

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

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

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

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:

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.

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.

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.

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."  *  *  *  *

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

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-

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

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

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

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

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-

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

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

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,

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

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

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.

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

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:

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

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

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

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

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

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

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

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

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

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,

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.

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

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:

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

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

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-

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

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

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

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

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

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

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."