USA > Michigan > Gazetteer of the State of Michigan, in three parts with a succinct history of the State, from the earliest period to the present time with an appendix, containing the usual statistical tables, and a directory for emigrants, &c > Part 18
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As before stated, Michigan claims for her southern boun- dary, a line running east across the Peninsula from the southern point of Lake Michigan, extending through Lake Erie, to the Pennsylvania line ; a claim founded in a right vested-a right (inalienable except by common consent) accruin'g to her by compact ; which compact is the Ordi- nance of '87-the parties to which were the thirteen origi- nal States, and the territory north-west of the Ohio ; and, by the succession of parties under statutory amendments to the Ordinance and laws of Congress-the United States on the one part, and each territory north-west of the Ohio, (as far as effected by their provisions) on the other. Michigan claims under the prior grant or assignation of boundary. Indiana and Ohio claim upon subsequent acts of Congress admitting them into the Union, and removing their north- ern boundaries to the confines of their present jurisdiction. How far the claims of the parties are tenable, may be seen by the following recited acts.
The celebrated Ordinance of 1787, "for the government of the Territory of the United States north-west of the river Ohio," declares the acts therein contained " articles of compact between the original States and the people and States in the said territory, and forever to remain unaltera- ble, unless by common consent." This Ordinance defines the territory to include all that region lying north and north- west of the Ohio and east of the Mississippi rivers. In the fifth article it is provided that there shall be formed not less than three, nor more than five States, within its confines. The boundaries of the three States are defined so as to in-
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clude the whole territory, conditioned however, that if it should be found expedient by Congress to form the one or two more States mentioned, Congress is authorized to alter the boundaries of the three States " so far as 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."
The first act touching this point, is an act of Congress approved April 30th, 1802, which was to enable the people of Ohio to form a constitution, and to admit her into the Union, &c. The boundary of that State is declared to be " on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running 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 Erie to the Pennsylvania line." The constitution of Ohio adopted the same line, with this condition : " Provi- ded, always, and it is hereby fully understood and declared by this convention, 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 intersect Lake Erie east of the mouth of the Miami river, then in that case, with the assent of the Congress of the United States, the northern boundary of this State shall be established by and extend to a direct line, running from the southern extremity of Lake Michigan to the most north- erly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami as aforesaid, thence north-east to the territorial line, and by said territorial line to the Pennsylvania line."
At the succeeding session of Congress, the constitution of Ohio was submitted to Congress, and referred to a com- mittee of the House of Representatives, which, through its chairman, Mr. Randolph, reported that with regard to this part of the boundary, " as the suggested alteration was not submitted in the shape of a distinct proposition, by any competent authority, for approval or disapproval, it was not necessary or expedient for Congress to act on it at all." And it was not acted upon, until another disposition was made of it, as we shall see, in 1805. The proposition was considered by all parties concerned, to be of a distinct char-
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acter, requiring special consent of Congress to make it a valid part of the constitution of Ohio, and, that it has ever been so regarded by Ohio, her continued application to Congress for the right of extending her boundary to the proposed line, sufficiently proves.
The 3d section of the act of 1802, above mentioned, provides that all that part of the territory lying north of this east and west line, from the southern extreme of Lake Michigan, shall be " attached to, and made a part of, the Indiana territory," " subject to be hereafter disposed of by Congress, according to the right reserved in the fifth arti- cle of the Ordinance aforesaid ; and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects whatever, with all other citizens residing within the Indiana territory."
The next act in order is that approved January 11th, 1805, entitled " an act to divide the Indiana territory into sepa- rate governments." By this act, the territory of Michigan is established, its boundaries defined, a similar government to that provided by the Ordinance of 'S7, and the provis- ions of an act for the government of the North-Western Territory, conferred upon it ; all the rights, privileges, and advantages of the Ordinance aforesaid conferred upon its inhabitants, and its southern boundary defined to be " a line drawn cast from the southerly bend or extreme of Lake Michigan, until it intersects Lake Erie." It does seem that the question of boundary between Michigan and Indiana, and between Michigan and Ohio, with regard to the western tract, in a legal point of view, was irretrieva- bly settled by this act, so far as Congress had to do with it. Even if the Ordinance had had no binding effect, this must be conclusive. " The consent of Congress" had not been , given to the line conditionally proposed in the constitution of Ohio, but, on the contrary, the dissent of Congress is ex- pressly given by this act itself, while the proposition of Ohio is pending, and the line is established agreeably to one of the lines defined in the constitution of Ohio previously pro- posed and accepted by Congress, and agreeably to the fifth ar- ticle of the Ordinance of '87, at least, so far as regards the boundary line west of Lake Erie. By this act, Congress gave to Michigan what was solicited by Ohio, divested it-
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self of all future right of its disposition, by vesting that right in an artificial person of its own creation-the territory of Michigan.
To any change restricting the boundary of Michigan after this act, her formal and unequivocal assent became neces- sary,-an assent which she has never given, although the controversy for the present is suspended. All acts of Con- gress after this of 1805, restricting her boundary, must be considered nugatory, and, as Congress had discharged its final constitutional duty, all controversies of boundary be- tween Michigan and another territory or State, properly became questions of judicial cognizance, subject to the de- cision of that tribunal only whose jurisdiction extends "to controversies between two or more States," and " to all cases in law and equity arising under the constitution and laws of the United States."
At some periods of the controversy the claim of Ohio seems to have rested upon the omission of Congress to act upon the question at the time of accepting her constitution, by which a feigned admission of her right to the claimed boundary was inferred : and yet, at other periods, she ap- peared to deem the question unsettled by insisting upon the action of Congress in its disposition. Accordingly we find by act of Congress approved the 20th May, 1812, the Sur- veyor General authorized, under direction of the president, to cause a survey to be made of the boundary between Ohio and Michigan as established agreeably to the act entitled "an act to enable the people of the eastern division of the territory north-west of the river Ohio (now State of Ohio) to form a constitution and State government, and for the admission of such State into the Union," &c .- " to cause to be made a plat or plan of so much of the boundary line as runs from the sontherly extreme of Lake Michigan to Lake Erie," &c. For some cause the line was not immediately sur- veyed. In 1816 an appropriation was made for the purpose, and in 1818 the line was run. In consequence of a resolution introduced in the house of representatives April 24th, 1820, the claim underwent a rigid examination before the com- mittee on public lands, of which Mr. Anderson, of Ken- tucky, was chairman. The claim of Ohio was strenuously urged by ,her delegation, and as ably opposed by Mr. Wood- bridge, the then delegate from Michigan. The final result
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was the unanimous report of the committee in favor of the due east and west line claimed by Michigan, though little to the satisfaction of the unceasing importunity of Ohio; and nothing but the pressure and hurry of business pre- vented the passage, by both houses, of a resolution recog- nizing that to be the true boundary line between Ohio and Michigan.
The extension of the jurisdiction of Indiana upon the soil of Michigan was marked with less acerbity of feeling, though against the assent of Michigan. The south-western border of the Territory then contained but few, if any set- tlements, and but comparatively little was known respect- ing its value. The act was passed likewise upon an exparte representation of the case, consequently with less regard to the interests of Michigan. This act, approved April 19, 1816, entitled " an act to enable the people of the Indiana Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States," defines the northern boundary of that State to be " an east and west line, drawn through a point ten miles north of the southern extreme of Lake Michigan." Thus Michigan was deprived of a valu- able tract of territory on her southern frontier by an act of assumption of power by Congress, as untenable in law as repugnant to the act of 1805, and the sacred rights of Michigan.
In the early part of September, 1835, Charles Shaler, of Pennsylvania, received the appointment of Secretary, in place of Mr. Mason, but the office not being accepted, John S. Horner, of Virginia, was appointed in his place. He arrived in Detroit and commenced the duties of his office on the 21st of the month. At the first election on the first Monday in October, the Constitution was submitted to, and
ratified by the people. Stevens T. Mason was elected Governor, Edward Mundy, Lieut. Governor, and Isaac E. Crary representative in Congress. The first session of the legislature under the Constitution was commenced at the capitol, in the city of Detroit, on the first Monday of No- vember, at which John Norvell and Lucius Lyon were elected Senators to Congress.
A regular election for delegate to Congress was held as
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usual under the territorial laws, and George W. Jones, of Wisconsin, received the necessary certificate and obtained his seat in Congress, although by the official returns the IIon. William Woodbridge was entitled to it, having the greatest number of votes. A highly important act was passed March 8th, 1836, appointing the Hon. William A. Fletcher to prepare a code of laws for the government of the State. This code was accordingly prepared. At an extra session held specially for the purpose, and the regular session following, it was submitted, revised, and passed into a law, to take effect in September, 1838.
In May, 1836, the western part of Michigan having been erected into a distinct Territory by the name of Wisconsin, the acting Governor for Michigan Territory was appointed its Secretary. By act of Congress passed June 15th, 1836, the Constitution and State government of Michigan was accepted ; and, " upon condition," of accepting the pre- scribed boundary limits, admitted into the Union .*
This act could be viewed by the people of Michigan in no other than an odious light-as an act of injustice. The conditions of the compact, contained in the Ordinance of '87, had long since been complied with, by possessing the requisite number of inhabitants, and by forming a constitu- tion for State government, which was essentially republican, and was as such accepted by Congress. By the Ordinance, Michigan had a right to the east and west line drawn through the southern extreme of Lake Michigan to the Pennsylvania line, for her southern boundary; and by the act of 1805, she had a right to a line drawn through the southern extreme of Lake Michigan, through the middle of the lake to the northern extremity, and then a line due north to the northern boundary of the United States, for her western boundary. After Congress had given the eastern tract, of more than a thousand square miles, to Ohio, by the act of 1802,-beside, between eleven and twelve hundred square miles to Indiana, by the act of 1816, it would seem, that the work of excision, on the part of Congress, ought to have ceased. But another operation was yet left in reserve. Notwithstanding the boundary had been fixed by the Ordinance of '87, and again confirmed by the act of
* For this boundary see page 14.
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1805, still, in the face of these acts, Congress presumed to require as a condition, that Michigan should purchase her admission into the Union, in accepting for her southern boundary the line claimed by Ohio, and thus giving to Ohio an invaluable tract of abont 470 square miles, apparently, as a supposed equivalent, in exchange for a wild and com- paratively scandinavian waste on the shores of Lake Superior.
The sequel is well known, and might be here omitted, were it not that it may be immediately connected with the future adjudication of the question. In the history of nations and States, it is not unfrequent to find, that, in cases of great public emergency, requiring the greatest unanimity of public sentiment, party divisions and discord intervene, to retard, if not prevent, their successful termina- tion. This was unhappily the case with Michigan. Al- though a decided unanimity prevailed with regard to the justness of her claim to the tract in dispute, yet, under the circumstances, the expediency of retaining or relinquishing her right, had become a subject of contention between two formidable parties. A year had already elapsed since the formation of the State Constitution, and half that period spent by her delegation to Congress in fruitless solicitation for admission. Some began to despond. One party seemed to consider the participation in the benefits of the Union paramount to all other considerations. The force of this had a greater weight at that time, from the fact that a large amount of surplus revenue was about to be distributed among the several States; and which, it was supposed, might be lost to the State, by an unseasonable admission ; therefore, by farther delay, there was much to lose and noth- ing to gain. By the other party these reasons had no weight. Rather than to submit to so gross an act of injus- tice, they were inclined to forego the inconveniences which might result from delay, till a more favorable action of Congress. Full reliance was placed in Congress ultimately to do her justice by unconditionally admitting the State into the confederacy ; that the State, having a present right to admission, would consequently have an equitable right to her proportionate share of the surplus revenue, which Con- gress could not refuse to grant, whenever she was admitted. Thus stood the parties when a special session of the legis-
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lature convened at Detroit, on the 11th July, 1836. On the 20th, an act was approved, providing for the election of delegates to a convention, to accept or reject the proposi- tion of Congress. It provided that fifty delegates should be elected, and that the convention should be held at Ann Arbour, on the 26th of September. This convention was composed of a full representation of both parties. On the 30th, it adjourned, dissenting to the proposed boundary by a vote of 28 to 21, and three delegates were appointed to repair to Washington, at the next session of Congress, to co- operate with our representatives on the general interests of the State.
This dissent was unsatisfactory to a considerable portion of the people, and, without waiting the regular call of a convention by the legislature, means were resorted to, by which to reverse it. During the autumn, two respectable primary assemblies of that portion of the people assenting to the conditions, were held, one in the county of Wayne, and the other in the county of Washtenaw, two of the most populous counties in the State. A second convention of the people was proposed to be held, for another trial of the question; and the Governor was requested to call the same by proclamation. Although the proposed convention was approved of, yet the issue of a proclamation, unauthor- ised by law, was, for its alleged want of validity, very pro- perly declined by the executive. However, a convention had been decided upon, and, on the 14th of November, a circular from the proper officers of the assenting party, was issued, which recommended the qualified voters in the several counties to meet on the 5th and 6th of December, and elect delegates to attend a convention ; that the num- ber of delegates be twice the number elected to the popular branch of the legislature, and that the election be conducted at the proper places, by the same officers, and agreeably to the legal formalities governing other elections. The elec- tion was accordingly held, though unattended by those who dissented to the proposition of boundary, or who consid- ered the convention as void from its illegality. The dele- gates elected to this convention, met at Ann Arbour on the 14th December, and on the 15th, unanimously resolved to accept the condition imposed in the proposition of Con- gress; but at the same time, protesting against the constitu-
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tional right of Congress to require this preliminary assent as a condition of admission into the Union.
The proceedings of this convention were immediately submitted to Congress. As might have been expected, in the debate on the subject, the validity of the last conven- tion was called in question. By some, it was urged that this convention was entirely ex parte ; that, having been volunta- rily originated from a portion only of the people, being unau- thorized by any legal provision, it could not, by its acts, bind the remaining portion of the community, nor even itself, or those whom it represented, any more than the vol- untary expression of any other public assemblage of the people; that questions of this magnitude, affecting the sovereignty of a State, could only be determined by the people, according to such form, as the supreme power of the State might prescribe. By others, it was urged, that while the assent of a majority of the people was necessary, it was immaterial how that assent was given, whether according to a prescribed law of the State, or not-it was sufficient if the will of a majority of the people was ascertained; and moreover, that no act of Congress had prescribed any mode by which the people should give their assent ; and, that the recent convention had expressed the will of a majority of the people of the State, evidence of a change in public opinion since the first convention, was adduced to prove. By others, again, it was maintained, that the expression of the first convention, authorized by the legislature at the extra ses- sion, was the only legal expression of the will of the people of Michigan on the question ; that the proposition of Con- gress, requiring the State to relinquish part of her territory, to obtain admission, was wholly gratuitous-was unjust and wrong ab initio; that any determination Congress might make upon the validity of the latter convention, would be equally gratuitous, and could neither alter the facts in the case, whatever they might be, nor the rights of the State ; that former proceedings ought to be disregarded, and that Michigan ought to be unconditionally admitted into the Union, on an equal footing with the other States of the confederacy ; that thereby Congress would have discharged a duty incumbent on it, and the contending parties might be at liberty to settle the controversy, before the proper judicial tribunal of the country.
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These were some of the opinions and arguments elicited by the parties in debate on the subject. However conflict- ing these opinions might be, there seemed, withal, to be a disposition in all parties, to admit the State, although the dissatisfaction of some, at the irregularity of the proceed- ings in accomplishing the object, and the obnoxious pream- ble coupled with the act of admission, prevented their votes being given in the affirmative. The final decision was made by an act approved the 26th of January, 1837, which, after asserting, by preamble, that the people of the State had given their consent to the proposed boundaries, in the convention of the 15th December, declared Michigan "to be one of the United States, and admitted into the Union on an equal footing with the original States, in all respects whatever."
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PART SECOND.
GENERAL VIEW OF EACH COUNTY.
Containing the boundaries, area, seat of justice ; the names of the principal lakes, water courses, villages, and organized townships ; a description of the surface, soil, and natural resources ; the land and senatorial districts ; the number of senators and representatives to be returned to the legislature ; and the population of each county, respectively :
ARRANGED IN ALPHABETICAL ORDER.
ALLEGAN COUNTY
Is bounded on the north by Ottawa and Kent, east by Barry, south by Kalamazoo and Van Buren, and west by Lake Michigan. It was organized in 1835, and has an area of 840 square miles. Seat of justice, Allegan.
Water courses .- The principal rivers are the Kalama- zoo, the Black, and Rabbit, besides numerous small creeks.
Organized Townships .- Allegan, Manlius, Newark, Ot- sego, Plainfield.
Villages .- Allegan, Newark, Otsego.
Allegan county has generally an undulating surface, and, in some parts, it may be said to be hilly. It possesses al- most every variety of soil found in the State; and on the Kalamazoo and other streams, it is a deep black alluvion.
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ALLEGAN .- ARENAC .- BARRY.
In some portions of the county, especially the coast border- ing the lake, and even in some parts bordering the river banks, it is sandy-in other sections, clay predominates, or a mixture of clay and sand. Its productions are simi- lar to those of the adjoining counties, as far as cultivation has extended. The manufacturing of lumber is carried on to a great extent. In the south-western part of the coun- ty is a limestone quarry, which may become valuable. The public lands were brought into market in 1832, but from its distant local position, and the quantity of unsold lands east of it, together with other causes, very few settlements were made until '35, since which it has settled rapidly, and its population still continues to increase. The greater portion of the public lands is taken. The northern tier of townships belongs to the Grand River, and the balance of the county, to the Kalamazoo Land District.
Allegan, in conjunction with Barry and Eaton, elects one representative, and belongs to the sixth senatorial dis- trict, which returns two senators to the legislature. Popu- lation, 1,469.
ARENAC COUNTY
Is bounded on the north by Mackinac, east by Saginaw, east by Saginaw Bay, south by Saginaw Bay and Midland, and west by Gladwin. It is unorganized, and attached for judicial purposes to Saginaw, and contains an area of 544 square miles.
Sandy river is the principal stream.
The county is unsurveyed, and there are but few, if any, settlements of a white population. It is embraced in the Saginaw Land District.
BARRY COUNTY
Is bounded on the north by Kent and Ionia, east by Ea- ton, south by Calhoun and Kalamazoo, and west by Alle- gan. It is unorganized, and contains 576 square miles.
Water courses .- The principal stream is the Thorn Ap-
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ple. The smaller streams are, Little Fork, Muddy creek, Fall creek.
Lakes .- The principal are, Thorn Apple, Clear, Fine, Pine, Gun, Crooked.
Organized Townships .- Barry, Hastings, Johnstown, Thorn Apple.
The south-western part of this county is interspersed with numerous small lakes. The face of the country has a diversified appearance, from a gently undulating and roll- ing, to sometimes a broken surface. Its soil will compare with the adjacent counties. In the eastern and northern portions are found belts of heavily timbered land, consist- ing of beech, sugar maple, whitewood, ash, and the other usual forest trees of the Peninsula. The county is new, and not yet extensively settled, though it is said to be rap- idly increasing in population. The principal settlements are, Middle Village, Bull's Prairie, and Hastings, upon the Thorn Apple, and Yankee Springs, upon the road leading from Grand Rapids in Kent, to Gull Prairie in Kalamazoo. It is well watered by the Thorn Apple and its branches, in the northern part, and in the south, by several inconsidera- ble tributaries of the Kalamazoo. There are some fine lands in this county, not yet taken. The four northern townships are included in the Grand River Land District, and the remainder in the Kalamazoo Land District.
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