476 New Orleans closed against Americans. 1802. 1787 in such a manner as to make the Scioto and a line drawn from the intersection of that river and the Indian boundary to the western extremity of the Connecticut Reserve, the limit of the most eastern State to be formed from the Territory. This change, if made, would long have postponed the formation of a State Government beyond the Ohio, and against it Tiffin, Worthington, Langham, Danlinton, Massie, Dunlavy, and Morrow, recorded solemnly their objections. Not content with this it was determined that some one should at once visit Washington on behalf of the objectors, and upon the 20th of December, Thomas Worthington obtained leave of absence for the remainder of the session.† His acts and those of his co-laborers belong to the next year. 1802. By the treaty with Spain, New Orleans, or "an equivalent establishment" was to be allowed the citizens of the United States as a place of deposite for property sent down the Mississippi. Until the 16th of October, 1802, no change in relation to this place of deposit took place, but on that day Morales, the intendant of Louisiana, issued an order putting an end to the cherished and all-important privilege granted to the Americans. This led to instant excitement and remonstrance, and upon the 7th of January following, to a resolution by the House of Representatives, affirming "their unalterable determination to maintain the boundaries, and the rights of navigation and commerce through the River Mississippi, as established by existing treaties." The act of the Intendant had not, it appeared, been authorized by the Spanish Government, and was not acquiesced in by the Governor of Louisiana: but the suspension continued notwithstanding, until the 25th of February, 1803, when the port was opened to provisions, * Journal of House, 81 to 83. See also Journal of Council, 16 and 17. Journal of House, 68. + Journal of House, 93. See Documents, American State Papers, ii. 469 to 471. 527. 528. 531. 536. 544. 548. American State Papers, ii. 528. 1802. Worthington obtains the right to form a State. 477 upon paying a duty;* and, in April, orders from the King of Spain reached the United States, restoring the right of deposit.† In January, 1802, a bill was passed the Assembly of the NorthWestern Territory, and approved by the Governor, establishing a university in the town of Athens.‡ We have already noticed the dissatisfaction with Governor St. Clair, which prevailed in the North-Western Territory, and the wish of a party therein to obtain a State Government, although not yet entitled to ask it under the ordinance. Mr. Worthington left late in 1801, to urge upon Congress the evils of the proposition to change the bounds of the north-western States and if advisable, to procure permission to call a convention for the formation of a State, having the boundaries mentioned in the ordinance, namely, the west line of Pennsylvania, the north and south lines of the territory, and a line drawn due north from the mouth of the Great Miami. While Worthington was journeying, upon the 4th of January, Massie presented a resolution for choosing a committee to address Congress in respect to the proposed State Government; || this, upon the following day, the House refused to pass, however, by a vote of twelve to five.§ An attempt was next made to procure a census of the Territory, and an act for that purpose, passed the House, but the council postponed the consideration of it until the next session,** which was to commence at Cincinnati on the fourth Monday of the following November. Worthington, meantime, at Philadelphia, pursued the ends of his mission, and used his influenceft to effect that organization, "which terminating the influence of tyranny," was to "meliorate the circumstances of thousands by freeing them from the domination of a despotic chief." His efforts proved successful, and upon the 4th of March a report was made to the House in favor of authorizing a State Convention. This report went upon the basis that the Territory, by the United States' census made in 1800, contained more than forty-five thousand inhabitants, and as the American State Papers, ii. 556. + Journal of Council, 53. Journal of the House, 115. ** Journal of Council, 78. † American State Papers, ii. 556. 561. Journal of House, 111. ¶ Journal of House, 155. ++ See his letter to Mr. Giles, chairman of the committee of Congress, February 13th, 1802. (American State Papers, xx. 328.) # See letter to him by James Finley, chairman, February 12th, 1802. (American State Papers, xx. 329.) 478 Provisions as to Lands in Ohio. 1802. Government since that time had sold half a million of acres, that the territory east of the Miami, supposing the past rate of increase to continue, would, by the time a State government could be formed, contain the sixty thousand persons contemplated by the ordinance; and upon this basis proposed that a convention should be held, to determine, 1st, whether it were expedient to form a State Government, and 2d, to prepare a Constitution, if such an organization were deemed best. In the formation of this State, however, a change of boundaries was proposed, by which, in accordance with the Fifth article of the Ordinance of 1787, all of the territory north of line drawn due east from the head of lake Michigan to Lake Erie, was to be excluded from the new government about to be called into existence. The report closed as follows: The committee observe, in the ordinance for ascertaining the mode of disposing of lands in the Western Territory of the 20th of May, 1785, the following section, which, so far as respects the subject of schools, remains unaltered: There shall be reserved for the United States out of every township, the four lots, being numbered 8, 11, 26, 29; and out of every fractional part of a township so many lots of the same numbers as shall be found thereon for future sale. There shall be reserved the lot No. 16, of every township, for the maintenance of public schools within the said township; also, one-third part of all gold, silver, lead, and copper mines, to be sold, or otherwise disposed of as Congress shall hereafter direct. The committee also observe, in the third and fourth articles of the the ordinance of the 13th July, 1787, the following stipulations, to wit: Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged, &c. Art. 4. The Legislatures of those districts or new States shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The committee, taking into consideration these stipulations, viewing the lands of the United States within the said territory as an important source of revenue; deeming it also of the highest importance to the stability and permanence of the union of the eastern and western parts † American State Papers, xx. 326. 1802. Lands sold by United States to be free from Tax. 479 of the United States, that the intercourse should, as far as possible, be facilitated, and their interests be liberally and mutually consulted and promoted, are of opinion that the provisions of the aforesaid articles may be varied for the reciprocal advantage of the United States and the State of when formed, and the people thereof; they have therefore deemed it proper, in lieu of the said provisions, to offer the following propositions to the convention of the eastern State of the said territory, when formed, for their free acceptance or rejection, without any condition or restraint whatever, which, if accepted by the convention, shall be obligatory upon the United States : 1st. That the section No. 16, in every township, sold, or directed to be sold by the United States, shall be granted to the inhabitants of such township for the use of schools. 2d. That the six miles reservation, including the salt springs, commonly called the Scioto salt springs, shall be granted to the State of when formed, for the use of the people thereof; the same to be used under such terms, conditions, and regulations, as the Legislature of the said State shall direct: provided the said Legislature shall never sell nor lease the same for a longer term than years. 3d. That one-tenth part of the nett proceeds of the lands lying in the said State, hereafter sold by Congress, after deducting all expenses incident to the same, shall be applied to the laying out and making turnpike or other roads, leading from the navigable waters emptying into the Atlantic to the Ohio, and continued afterwards through the State of ; such roads to be laid out under the authority of Congress, with the consent of the several States through which the roads shall pass provided that the convention of the State of shall, on its part, assent that every and each tract of land sold by Congress shall be and remain exempt from any tax laid by order or under authority of the State, whether for State, county, township, or any other purpose whatever, for the term of ten years, from and after the completion of the payment of the purchase money on such tract to the United States.* In accordance with the recommendation of their committee, Congress, upon the 30th of April, passed a law, carrying, with slight modifications, the views above given, into effect. The provisions of this law were thought by many in the Territory unauthorized, but no opposition was offered to the appointment of persons to attend the Convention, and the Legislature even gave way to the embryo Government, and failed to assemble according to adjournment. The Convention met upon the 1st of November; its members were generally Jeffersonian in their national politics, * Amorican State Papers, xx. 326. + Burnet's Letters, 108. + See this act in Chase, i. 70. | Burnet's Letters, 111. 480 Northern Boundary of Ohio. 1802. and had been opposed to the change of boundaries proposed the previous year. Before proceeding to business, Governor St. Clair proposed to address them, in his official character, as the chief executive magistrate of the territory. This proposition was resisted, by several of the members; but after discussion, a motion was made and adopted, by a majority of five, that "Arthur St. Clair, sen., Esquire, be permitted to address the convention, on those points, which he deems of importance.' He advised the postponement of a State organization until the people of the original eastern division were plainly entitled to demand it, and were not subject to be bound by conditions.* This advice, given as it was, caused Jefferson instantly to remove St. Clair, but when the vote was taken upon doing that which he advised them not to do, but one of thirty-three, Ephraim Cutler of Washington, voted with the Governor.† On one point, the proposed boundaries of the new State were altered. To every person who has attended to this subject, and who has consulted the maps of the western country, extant at the time the ordinance of 1787 was passed; that lake Michigan was believed to be, and was represented by all the maps of that day, as being very far north of the position which it has since been ascertained to occupy. I have seen the map in the department of state, which was before the committee of Congress, who framed and reported the ordinance for the government of the territory. On that map, the southern boundary of Michigan, was represented as being above the forty-second degree of north latitude. And there was a pencil line, said to have been made by the committee, passing through the southern bend of the lake, to the Canada line, which struck the strait, not far below the the town of Detroit. That line was manifestly intended by the committee and by Congress, to be the northern boundary of our state; and on the principles by which courts of chancery construe contracts, accompanied by plats, it would seem that the map, and the line referred to, should be conclusive evidence of our boundary, without reference to the real position of the lake. When the convention sat, in 1802, the prevailing understanding was, that the old maps were nearly correct, and that the line, as defined in the ordinance, would terminate at some point, on the strait, above the Maumee bay. While the convention was in session, a man who had hunted, many years, on lake Michigan, and was well acquainted with * Chase's Sketch, 31. + Chase's Sketch, 31. Burnet's Letters, 110. |