USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. II > Part 45
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THE PROVINCE AND THE STATES.
of temporary government, by the name of Wisconsin, that is to say: Bounded on the cast by a line drawn from the northeast corner of the State of Illinois through the middle of Lake Michi- gan to a point in the middle of said lake and opposite the main channel of Green Bay, and through said channel and Green Bay to the mouth of the Menomonee river ; thence through the mid- dle of the main channel of said river to that head of said river nearest to the Lake of the Desert ; thence in a direct line to the middle of said lake ; thence through the middle of the main chan- nel of the Montreal river to its mouth ; thence with a direct line across Lake Superior to where the territorial line of the United States last touches said lake northwest ; thence on the north with the said territorial line of the White Earth river ; " on the west by a line from the said boundary line following down the middle of the main channel of White Harth river to the Missouri river, and down the middle of the main channel of the Missouri river to a point due west from the northwest corner of the State of Missouri ; and on the south from said point due east to the north- west corner of the State of Missouri ; and thence with the bound- aries of the States of Missouri and Ilinois as already fixed by acts of Congress. And after the third day of June next all power and authority of the Government of Michigan in and over the territory hereby constituted shall cease." From the above it will be seen that the large tract of country to the west of the Mississippi was not attached to the Territory of Wisconsin, but was made a part of it. In the act of July 2. 1836, the following language was used: "That the truth of law lig th Petites of Wisconsin, including the town of Fost Maken . | Blog. . ton in the county of Des Moines : Belleview. Du Buque and l'eau in the county of Du Buque; and Mineral Point in the county of Iowa shall be laid off into town lots, streets, avenues, public squares, outlets," etc. Here the language shows that the towns named were in the Territory of Wisconsin, not attached to it. The act of June 28, 1831. did not make this section of country a part of the Territory of Michigan, it merely attached it to that territory for excentive purposes. The act of June 12, 1838, stipu- lated "that for the sale of the public lands in that part of the ter- ritory of Wisconsin situated west of the river Mississippi, two land districts are hereby created," the Des Moines, with land office at Burlington; and the DuBuque, with land office at Dubuque. Thus the whole of lova, and parts of Minnesota, North Dakota, and South Dakota constituted a part of the
. This river is in the northern part of North Dakota.
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447
TERRITORIAL AND STATE BOUNDARIES.
Territory of Wisconsin, and were not merely attached to it for purposes of government.
Under date of June 12, 1838, congress divided the Territory of Wisconsin, and set off therefrom the Territory of Jowa. The following were the proceedings: "That from and after the third day of July next all that part of the present Territory of Wisconsin which lies west of the Mississippi river and west of a line drawn due north from the headwaters or sources of the Mississippi to the Territorial line, shall, for the purposes of tem- porary government, be and constitute a separate territorial gor- ernment by the name of Iowa." Six days later, congress author- ized the president to have surveyed the southern boundary line of lowa under the following section: "That the said boundary line shall be run or surveyed, ascertained and marked in all respects according to, and in pursuance of, the provisions of the following acts, wherein the said boundary line is defined and described, to-wit: An act of Congress of March 6, 1820,. entitled, 'An act to authorize the people of Missouri Territory to form a constitution and State Government,' etc. ; and an act of June 7, 1836, entitled, 'An act to extend the western bound- ary of the State of Missouri to the Missouri river.'" Under this act, three commissioners were to be appointed, one cach by the United States, the State of Missouri, and the Territory of lowa. In case but one or neither of the others should appoint the necessary commissioner, the one appointed by the president was to proceed alone to survey the line. lowa Territory, as thus constituted, embraced all of the present lowa. all of Min- nesota west of the Missing and ali of the U. has called the White Earth and the Matomi Invers.
Congress provided under date of March 3. 1839. "That the middle or center of the main channel of the river Mississippi shall be deemed and is hereby declared to be the eastern bound- ary line of the Territory of Iowa, so far or to such extent as the said Territory is bounded eastwardly by or upon said river; Provided, however, That the said Territory of lowa shall have concurrent jurisdiction upon the said Mississippi river with any other conterminous State of Territory so far or to such extent as the said river shall form a common boundary between the aforesaid Territory of lowa and any other such conterminous State or Territory."
On February 12. 18.po, a memorial from the inhabitants of the Territory of Fluid was presented in congress praying for admission into the Union. In the debate on the hill. Mr. Sevier, of Arkansas, said "he would tell Senators openly and abovebrad
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THE PROVINCE .IND THE STATES.
when the question of admission came up, he would not vote for the admission of any free State, without admitting at the same time a slave State. When Jowa came in, East Florida must come in ; and when Wisconsin came in, another slave State must come in. This was the course pursued in the case of Michigan and Arkansas, and this was the course that would be pursued in future. It was the only comse which would preserve the ball- ance of power and protect the interests of the slave States on this floor, which was their last refuge. He had no concealment on the subject and disdained to be beating about the bush."
The rule of congress to admit a northern and a southern state at the same time was followed when lowa was permitted to enter the Union. lowa and Florida were admitted by the act of March 3, 18.15. The boundary of the former was fixed as follows: "Beginning at the mouth of the Des Moines river, in the middle of the Mississippi, thence by the middle of the chan- nel of that river to a parallel of latitude passing through the mouth of the Mankato or Blue Earth river; thence west along the said parallel of latitude to a point where it is intersected by a meridian line seventeen degrees and thirty minutes west of the meridian of Washington City, thence due south to the northern boundary line of the State of Missouri; thence cast- wardly following that boundary to the point at which the Same intersects the Des Moines river : thence by the middle of the chan- nel of that river to the place of beginning." These limits gave to the Territory two tiers of counties along the southern bound- ary of the present Minnesota to the parallel of sweden thirty minutes west longitude, but out ofit moch of the we fell part of the present lowa, the western boundary of Jowa Teni. tory being a line north and south across the state not far from the cities of Jefferson and Greenfickl. Under the act of 1815, the boundaries of the proposed state were so restricted by con- gres, that the inhabitants voted a majority against admission. They demanded a westward extension to the Missouri river, which was granted to them the following year.
Congress provided under date of August 4, 1846, "that the following shall be, and they are hereby declared to be, the bound- aries of the State of lowa, in lieu of those prescribed by the second section of the act of the third of March, 1815, entitled, 'An act for the admission of the States of lowa and Florida into the Union,' viz: Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river ; theme up the middle of the main channel of the said Des Moines Tive
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IOWA TERRITORY -
LINE NO4
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DESPOINTS FORIOS
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MISSOURI
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MISSOURI RIVER
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MAP SHOWING THE DISPUTED BOUNDARY OF MISSOURI & IOWA.
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FORMUL UTELIAN LiQUADRAY
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JIJ.INOIS
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BUREN I PartN's LINE OR LINE comunica OF MereceuRe
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TERRITORI.IL. AND STATE BOUNDARIES.
to a point on said river where the northern boundary line of the State of Missouri as established by the Constitution of that State, adopted June 12, 1820, crosses the said middle of the main chan- nel of the said Des Moines river ; thence westwardly along the said northern boundary line of the State of Missouri, as estab. lished at the time aforesaid, until an extension of said line inter- sect the middle of the main channel of the Missouri river ; thence up the middle of the main channel of the said Missomi river to a point opposite the middle of the main channel of the Big Sioux river according to Nicollet's map, thence up the main chan- nel of the said Big Sioux river according to said map until it is intersected by the parallel of forty-thice degrees thirty min- utes north latitude; thence cast along said parallel of forty- three degrees thirty minutes until said parallel intersect the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river to the place of beginning."
"Section IJ. That the question which has heretofore been the subject matter of controversy and dispute between the State of Missouri and the Territory of lowa, respecting the precise loca- tion of the northern boundary line of the State of Missouri, shall be, and the same is hereby, referred to the Supreme Court of the United States for adjudication and settlement, in accordance with the act of the Legislature of Missouri approved March 25, 1845, and the memorial of the Council and House of Represent- atives of the Territory of the lowa, approved January 17, 1846, by which both parties have agreed to the commencement and speedy determination of each enit as may be marcasde to pi. cure a final decision of the Supreme Court of the United States upon the true location of the northern boundary of that State;' and the said supreme court is hereby invested with all the power and authority necessary to the performance of the duty imposed by this section."
In December, 1855, Senator Jones, of Jowa, introduced a bill in the United States senate authorizing an extension of the west- ern boundary of lowa to the Missouri river. In Angust, 1856, a bill of similar import was introduced in the house. Had either of these bills become a law, what is now the southern part of South Dakota, would have been attached to lowa; but neither became a law. The attempt was repeated in 1858, when Mr. Cin - tis introduced a bill in the house having the same import. These bills appear to have met their fate in the voiceles tomb of the committee rooms. . 11 -- 29
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THE PROVINCE IND THE STATES.
Provision for the survey of the boundary line between the state of Michigan and the Territory of Wisconsin was made by con- gress under date of July 12, 1838. The act of Augu. t 12, 1848, appropriated a sum not to exceed fifty thousand dol- lars for the survey of the boundary line between the United States and Mexico. The act of August 14, 1848, made all of the territory of the United States west of the Rocky mountains and north of the forty-second parallel of north latitude, the Ter- ritory of Oregon. The act of March 3. 18449, authorized the surveyor general of Wisconsin and Jowa, under the direction of the commissioner of the general land office, to cause the north- ern boundary line of the state of lowa to be run and marked. The act of September 30, 1850, appropriated the sum of fifteen thousand dollars to defray this expense.
In the United States senate, on December 1. 18.18, two bills were introduced: One for the formation of the Territory of Minnesota, and one for the formation of the Territory of Nebraska. Strong objection was shown by the southern sena- tors to the boundaries defined in the bill for the formation of the Territory of Minnesota. Mr. Butler, of South Carolina, said: "There will be embraced in the Territory of Minnesota about twenty thousand square miles of land that was covered by the ordinance of 1787 and formed a part of what was com- monly called the Northwest Territory, out of which five States were to be created. The separation of this tract and the for- mation of an additional State is, to my apprehension, not only a violation of good faith, but a violation of the positive many as of that ordinance." Mr. King, ou Mliba. ... . ad. Lia. Die remarks of my honorable friend nom South Carolina in round to having yielded so large a portion of the territory originally belonging to that section of the country from which five States were to be made, and five only, for the purpose of forming a new and additional State, is an evidence of the liberality of that section of the country in which I live." Mr. Dodge, of lowa, said: "As to this matter of boundary, I will state that Wiscon- sin would have gladly retained all that portion of the territory embraced in the ordinance of 1787 which was at first assigned 10 her. That portion of her territory was not set off because it was the choice of her people, but because the Congress of the United States dismembered het territory and curtailed her Inits." The southern sendoss argued that as the ordinance of 1787 had provided for the formation of the states only out of the North- west Territory, and as five had already when formed, to wit : Ohio, Indiana, Michigan, Illinois and Wisconsin, it was unfair
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TERRITORIAL AND SUITE BOUNDARIES.
to the South for the North to use still another large tract of that territory as a basis for the formation of another free state. How- ever, notwithstanding the objectivas, the bill was permitted to pass the senate on March 3, 18.19. This was the senate bill with the house amendments.
The Territory of Minnesota was formed pursuant to act of congress of March 3, 18.19, the boundaries being as follows: "That from and after the passage of this act, all that part of the territory of the United States which lies within the following limits, to-wit: Beginning in the Mississippi river at the point where the line of forty-three degrees and thirty minutes of north latitude crosses the same ; thence running due west on said line, which is the northern boundary of the State of lowa, to the northwest corner of the said State of lowa ; theuse southerly along the western boundary of said State to the point where said boundary strikes the Missouri river ; thence up the middle of the main channel of the Missouri river to the month of the White. Earth river; thence up the middle of the main channel of the White Earth river to the boundary line between the possessions of the United States and Great Britain; thense cast and south of east along the boundary line between the possessions of the United States and Great Britain to Lake Superior; thence in a straight line to the northernmost point of the State of Wis- consin in Lake Superior; thence along the western boundary line of said State of Wisconsin to the Mississippi river : thence down the main channel of said river to the place of beginning : be, and the same is, hereby quete? into a tent . care & semment by the name of the Tenitey of Mana the Besthit Hard hat. ing in this act contained shall be construed to biler the Girl. ernment of the United States from dividing said Territory into two or more territories in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States." The tract of country embraced in the Ter. ritory of Minnesota comprised all of the present Minnesota and all of the Dakotas cent of the White Earth and the Missouri rivers. The eastern boundary of Minnesota Territory had been established when the state of Wisconsin was created. It was part of the western boundary of the latter, and was the same as the present boundary. It was so well defined that mention of it was omitted from the act creating Minnesota Letitors.
On December 21. 1890, Mr. Rice, delegate from the Territory of Minnesota, introduced a bill in the house providing for the admission of that territory into the Union as a state. The com-
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THE PROVINCE AND THE STATES.
mittee on territories, of which Mr. Grow, of Pennsylvania, was chairman, reported a substitute bill which gave the proposed state the following boundaries: "Beginning at the point in the main channel of the Red River of the North where the bound- ary line between the United States and the British possessions crosses the same; thence up the main channel of said river to that of the Bois des Sioux river; thence (up) the main chan- nel of said river to Lake Travers; thence up the center of the lake to the southern extremity thereof ; thence in a direct line to the head of the Big Stone Lake; thence through its center to its outlet ; thence by a due south line to the north line of the State of Jowa; thence cast along the northern boundary of said State to the main channel of the Mississippi river; thence up the main channel of said river and following the boundary line of the State of Wisconsin until the same intersects the St. Louis river ; thence down said river to and through Lake Superior on the boundary line of Wisconsin and Michigan until it intersects the dividing line between the United States and the British pos- sessions ; thence up Pigeon river and following said dividing line to the place of beginning." Mr. Grow said: "A portion of the Territory of Minnesota is divided by this bill, north and south by Red river, the whole length of that river, thence following the Big Stone Lake to its outlet-the head of the Big Stone Lake and Lake Travers being connected by water -- thence by a line due south to the boundary line of lowa. . All the territory cast of that line is to be formed into a State, making seventy thou- sand square miles, and leaving west of the boxdrie n & m the Territory of Minnesota about nincs thrust que antes. which, if the people of Minnesota shall adopt a State constitution, will be left to be organized under the name of Dakotah, as a proper name of Indian derivation. The general provisions of the bill (the substitute) are the same as those contained in the bill of the old form."
These changes in the proposed boundaries of the new state were immediately challenged by several members from the south. One of them read to Mr. Grow the following extract from the Ordinance of 178 ;: "That there shall be formed in said Ter- ritory not less than three not more than five States; and the boundaries of the States, as soon as Virginia shall alter her act 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 the Wabash ivers; a direct line drawn from the Watch and Post Vincennes due north to the territorial line between the United
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. States and Canada; and by the said territorial line to the Lake of the Woods," etc., describing two other states ( Ohio and Indi - ama ): "Provided, however, and it is further understood and declared that the boundaries of these three States shall be sub- ject 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 the said Territory which lies north of an cast and west line drawn through the southerly bend or extremity of Lake Michigan." Mr. Phelps, of Missouri, said: "These five States, the entire number authorized by the Ordinance of 1787, are already organized ; and now the gentleman, or the Com- mittee on Territories, propose to embrace within the limits of another State, a portion of territory which it was stipulated by those who framed that ordinance, should be embraced in one of these five States." Mr. Grow replied: "What does the gen- tleman from Missouri propose to do with that part of the Ter- ritory which is left outside of the limits of the proposed ,State? Would he let it stand forever in an unorganized condition? Is" that what the gentleman proposes? Or should it be organized into a separate State, so as to make six States out of the North West Territory? Will the gentleman trample down his own prop- osition? Five States have been formed out of the North West Territory, as required by the Ordinance of 1787, and no one proposes to make any more, but only to take a gore of land left outside of all the organized States and incorporate it with other territory never under the Ordinance of 1787, which of itself would make a large State. How, then, is the Ordinance of 1787 vio- lated? It comes with a bad grave fren a tot lot of the 11. .. from the State of Missouri to raise such a que tion hete t liv. when the Platte country was taken from the Ordinance of ISO and included within the limits of that State. It comes with a bad grace from a gentleman coming from a State which has trampled upon the sacredness of compacts to come here and com- plain that we take from under the Ordinance of 1787 a little strip of territory which was left outside the limits of all organ- ized States. And now, because it is to be included within an organized State, it is, forsooth, a great breach of compact." There immediately succeeded a sharp running debate, in which all features of the bill were discussed. A motion to lay the bill on the table was rejected. The Rice bill had fixed the bound- aries as follows: From the British line up the Red River of the North to Lake Travers thence through the center of the same to its southern extremity, thence to the junction of Kam- peskee lake with the Big Sioux river, thence down the main
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THE PROVINCE AND THE STATES.
channel of that stream to the northwest corner of lowa. The opposition in the house was not persistent, and the bill finally passed by the vote of 97 yeas and 75 nays.
When the bill came up in the senate, Mr. Jones, of lowa, offered the following amendment : "Provided, That the convention to form the constitution for said State shall submit to the people whether the foregoing boundaries shall be adopted, or whether the State shall embrace all that portion of the present Territory which lies south of the forty-sixth degree of north latitude." Con- tinuing, he said, "I am informed that the Legislature of Min- nesota by a vote of 21 or 25 to 10 or 11 in the assendaly, and in the Council by a vote of Ti to 4, have petitione | Congress not to adopt a north and south boundary. I believe that the boundary proposed by me would best accommodate the great mass of the people, but I shall vote for the bill whether my amendment be adopted or not. I think is due to the people of the Territory that their Legislature should be consulted on this subject. It is a subject on which they have desired to be heard ; and I therefore offer the amendment as requested by citizens of the Territory. The amendment will divide the Territory about equally into two parts. It consists of one hundred and seventy- one thousand square miles. The line which I propose, the forty- sixth degree of north latitude, will divide it about equally into two parts."
Mr. Thompson said: "The part thus cut off is to constitute the suggested future State of Superior." Mr. Butler, of South Carolina, said: "To allow any people to say what has Many they will take, is really a liberty which tham texas 1 ; mit. I would not allow one of my sons to take all my hand on his mere saying that he wanted it. ( Laughter. ) I think. that is an extravagant proposition beyond anything I know of. Besides, by the celebrated Ordinance of 1787, so much insisted on, the North West Territory was to be divided into five Stilles. Now you are going to make seven of eight, according to the mode in which this division is to be made." Mr. Douglas of Illinois said: "The Senator from South Carolina, having deliv- cred my speech. I have not a word to say." Mr. Jones of lova answered: "According to the boundaries now prescribed by the bill before us, the delegate from the Territory the other day admitted that the new State would embrace about ninety thousand square miles. I restrict them In my amendment to one half of one hundred and events one then and I desire that the people of the future State shall have the right to say, not how much land they will have, of how they will have it, but whether they shall be
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divided by an east and west, or a north and south line, and not to give them one inch more or less according to their wishes." Mr. Butler replied : "I see very distinctly what it is, Instead of provid ing for one child, the Senator from lowa wishes to provide for two." Mr. Douglas said : "I can never yield the position that Con- gress must reserve to itself the right to prescribe the boundaries of new States." Mr. Jones replied: "You are doing it in this bill." Mr. Douglas: "No, sir." The Jones amendment was rejected. The final vote in the senate on the bill was 47 yeas and I nay, the latter being Mr. Thompson of Kentucky.
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