the same fees to which the clerk of the Kentucky district is entitled for similar services. SEC. 3. Be it further enacted, That there shall be allowed to the judge of the said district court, the annual compensation of one thousand dollars, to commence from the date of the appointment, to be paid, quarter yearly, at the Treasury of the United States. SEC. 4. Be it further enacted, That there shall be appointed in the said district, a person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid, by the United States, two hundred dollars annually, as a full compensation for all extra services. SEC. 5. Be it further enacted, That a marshal shall be appointed for the said district; who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and shall, moreover, be entitled to the sum of two hundred dollars, annually, as a compensation for all extra services. [Approved, February 19, 1803.] E No. 2. Extract from Vol. 4, House Journal, page 258., A committee, consisting of Mr. Randolph, Mr. Elmendorf, Mr. Goddard, Mr. Henderson and Mr. Archer, to whom was referred, on the 23d of December, 1802, "a letter from Thomas Worthington, an agent appointed by the convention of the State of Ohio, enclosing a copy of the constitution of said State, and`an ordinance passed by said convention, containing certain propositions for the consideration of Congress, with instructions that they do examine the matter thereof, and report the same with their opinion thereupon to the House," after speaking of several propositions, relative to donations of land, proceed in this report, say: "The proviso contained in the sixth section of the seventh article of the constitution of the State of Ohio, respecting the northern boundary of that State, depending on a fact not yet ascertained, and not being submittéd in the shape of other propositions from the convention to Congress, the committee have thought it unnecessary to take it, at this time, into consideration." E No. 3. Mr. Worthington, Senator from Ohio, presented, on the 21st October, the memorial of Joseph Harrison and others, citizens of the United States, residing in that part of the Indiana Territory which lies north of an east and west line, extending through the southerly bend or extreme of Lake Michigan, praying that that district may be erected into a separate Government ; and the memorial was read. "On motion, Ordered, That it be referred to Messrs. Worthington, Breckenridge, and Franklin, to consider and report thereon." Mr. Worthington was thus madé chairman of the committee, and, on the 1st day of November following, he made a report favorable to the prayer of the petitioners, and concluding with the following resolution, viz: "Resolved, That the prayer of the memorial of Joseph Harrison and others ought to be granted, and that all that portion of the Indiana Territory which lies north of a line drawn east from the southernmost extreme of Lake Michigan, until it intersects Lake Erie, and west from the said southernmost extreme of Lake Michigan, until it shall intersect the Mississippi river, shall form a separate Territory, and that the said Territory shall, in all respects, be governed by, and according to, the principles and regulations contained in "An ordinance for the government of the Territory of the United States Northwest of the River Ohio," passed on the 13th day of July, 1787. "And the report was adopted. "On motion, Ordered, That the committee who made the report be instructed to prepare and bring in a bill accordingly. "A motion was made that it be "Resolved, That the sixth section of the 7th article of the constitution of the State of Ohio be referred to a committee, to consist of members, with instructions to examine and report thereon, by bill or otherwise; and it was agreed that this motion lie for consideration. "On motion, "The Senate adjourned to 11 o'clock to-morrow morning." (See Senate Journal, vol. 3, pages 300 and 306.) "On motion, "WEDNESDAY, November 2, 1803. "It was agreed that the motion made yesterday for a committee to examine the seventh article of the constitution of the State of Ohio be withdrawn, and the following resolution be adopted: "Resolved, That the proposition of the convention of the State of Ohio to the Congress of the United States of America, contained in the 6th section of the seventh article of the constitution of that State, be referred to a committee, with leave to report thereon, by bill or otherwise; and "Ordered, That it be referred to Messrs. Worthington, Breckenridge, and Franklin, the committee who, on the 21st of October last, had under consideration the petition of Joseph Harrison and others, to consider and report thereon to the Senate." (Senate Journal, vol 3, page 307.) "FRIDAY, November 4, 1803. "Mr. Worthington, from the committee appointed on the 21st of October last, on the petition of Joseph Harrison and others, and on the proposition contained in the sixth section of the seventh article of the constitution of the State of Ohio, reported a bill to divide the Indiana Territory into two separate Governments, and giving the assent of Congress to the proposition of the convention of the State of Ohio, contained in the sixth section of the seventh article of the constitution of that State; which bill was read. "Ordered, That it pass to the second reading." (Senate Journal, vol. 3, page 307.) "MONDAY, November 7, 1803. "The bill to divide the Indiana Territory into two separate Governments, and giving the assent of Congress to the proposition of the convention of the State of Ohio, contained in the sixth section of the seventh article of the constitution of that State, was read the second time. "Ordered, That it be referred to Messrs. Bradley, Tracey, Baldwin, Worthington, and Franklin, to consider and report thereon to the Senate." (Senate Journal, vol. 3, page 309.) "WEDNESDAY, November 16, 1803. "Mr. Bradley, from the committee to whom was referred, on the 7th inst. the bill to divide the Indiana Territory into two separate Governments, and giving the assent of Congress to the proposition of the convention of the State of Ohio, contained in the sixth section of the seventh article of the constitution of that State, reported the bill with amendments; which were read. "Ordered, That they lie for consideration." (Senate Journal, vol, 3, page 312.) "MONDAY, December 5, 1803. "The Senate took into consideration the amendments reported on the 16th of November last, to the bill to divide the Indiana Territory into two separate Governments, and giving the assent of Congress to the proposition of the convention of the State of Ohio, contained in the sixth section of the seventh article of the constitution of that State; and having agreed thereto, and further amended the bill, "Ordered, That it pass to a third reading as amended." (Senate Journal, vol. 3, page 320.) "TUESDAY, December 6, 1803. "The bill to divide the Indiana Territory into two separate Governments, and giving the assent of Congress to the proposition of the State of Ohio, contained in the sixth section of the seventh article of the constitution of that State, was read the third time and further amended; and "Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act to divide the Indiana Territory into two separate Governments." "Ordered, That the Secretary request the concurrence of the House of Representatives in this bill." (Senate Journal, vol. 3, page 321.) E No. 4. Resolution on the subject of appointing commissioners for ascertaining, running, and marking the western and northern boundary lines of the State of Ohio, passed 17th February 1809. Whereas, great inconvenience has been and is daily occurring, in consequence of the western and northern boundary lines of the State not being ascertained, therefore, Resolved by the General Assembly of the State of Ohio, That our Senators in Congress be instructed, and our Representatives requested, to use their best endeavors to have commissioners appointed on the part of the United States, to act jointly with such commissioners as may be appointed on the part of this State, to ascertain, run, and mark the western and northern boundaries thereof. E No. 5. - Extract from House Journal, Vol. S, page 109. On 4th January, 1812, Mr. Morrow, of Ohio, offered the following resolution, viz: Resolved, That a committee be appointed to inquire into the expediency of confirming the northern boundary of the State of Ohio, as designated by the constitution of that State, and of providing by law for the actual surveying of the western boundary lines of the said State, and that they report by bill or otherwise. E No. 6. AN ACT to authorize the President of the United States to ascertain and designate certain boundaries. Be it enacted by the Senate and House of Representatives in Congress assembled, &c. That the surveyor general, under the direction of the President of the United States, be, and he is hereby, authorized and required, (as soon as the consent of the Indians can be obtained) to cause to be surveyed, marked and designated, so much of the western and northern boundaries of the State of Ohio, which have not already been ascertained, as divides said State from the Territories of Indiana and Michigan, agreeably to the boundaries established by the act, entitled, "An act to enable the people of the eastern division of the Territory Northwest of the River Ohio, to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes," passed April thirtieth, one thousand eight hundred and two, and to cause to be made a plat or plan of so much of the boundary line as runs from the southerly extreme of Lake Michigan to Lake Erie, particularly noting the place where the said line intersects the margin of said lake, and to return the same, when made, to Congress: Provided, That the whole expense of surveying and marking the said boundary lines shall not exceed five dollars for every mile that shall be actually surveyed and marked, which shall be paid out of the moneys appropriated for defraying the expense of surveying the public lands. [Approved, May 20th, 1812.] E No. 7. Extract from Report of Elijah Hayward, Documents accompanying President's Message, of December 10, 1835. GENERAL LAND OFFICE, May 14, 1835. SIR In compliance with the requisition of the President, I have, the honor to make to you the following report: The first notice that can be found in relation to the present disputed line is contained in the fifth article of the ordinance of Congress, for the government of the Territory Northwest of the River Ohio, of the 13th July, 1787, (Land Laws, page 101,) which provided that, in case the State of Virginia should alter her deed of cession, the Territory should be divided into three States, having the territorial line between the United States and Canada as the boundary on the north in each case: Provided, however, That the boundary of these three States shall be subject to be so far altered that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of said Territory which lies north of an east and west line drawn through the southern bend or extreme of Lake Michigan." On the 30th of December, 1788, (Land Laws, page 101,) Virginia gave her assent to the provisions of the before mentioned fifth article of the ordinance of the 13th July 1787. (See this ordinance in extenso, Land Laws, page 356.) On the 30th April, 1802, (Land Laws, page 474,) an act was passed to enable the inhabitants of the eastern portion of the Northwestern Territory to form a constitution and State Government; and the 2d section, which defines the boundaries of the future State, declares them to be “ on the east by the Pennsylvania line, on the south by the Ohio river to the mouth of the Great Miami river, on the west by the line drawn due north from the mouth of the Great Miami aforesaid, and on the north by an east and west line drawn through the southern extreme of Lake Michigan, running east, after intersecting the due north line 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 aforesaid." The constitution of Ohio was formed 29th November, 1802, and the seventh article recognised the boundaries as prescribed by the act of 30th April, 1802, with a proviso" that if the southerly bend or extreme of Lake Michigan should extend so far south that a line drawn due east from it should not intersect Lake Erie, or if 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 the State shall be established by, and extend to, a line running from the southerly extremity of Lake Michigan to the most northerly cape of the Miami bay, after intersecting the due north line from the mouth of the Great Miami river, as aforesaid, thence northeast to the territorial line, and by the said territorial line to the Pennsylvania line." No act of Congress giving this assent, nor any act or resolution for admitting Ohio into the Union after her forming her constitution, is known; and, by the act of 11th January, 1805, establishing Michigan Territory, (Land Laws, page 514,) the Territory is described as comprising "all that part of the Indiana Territory which lies north of a line drawn east from the southern bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn,"&c. Under the provisions of the act of Congress, approved 20th May, 1812, entitled "An act to authorize the President of the United States to ascertain and designate certain boundaries," the surveyor general, under the direction, of the President of the United States, was "authorized and required (as soon as the consent of the Indians can be obtained) to cause to be surveyed, marked, and designated, so much of the western and northern boundaries of the State of Ohio, which have not already been ascertained, as divides said State from the Territories of Indiana and Michigan, agreeably to the boundaries as established by the act entitled |