10, 11

MAIMING OR DISFIGURING,
MALICIOUS INJURIES to property, 86, 153
MANSLAUGHTER, defined, punish-
ment for,

MARQUETTE, Father, explorer and
missionary, .

MARRIAGE, law in relation to, 118,

119; under duress or by force,

MARRIED WOMEN, rights of,

ADDENDA.

THE TOLEDO WAR-SETTLEMENT OF THE DIFFICULTY BY CONGRESS.

By the ordinance of 1787, it was contemplated that a line due east and west through the southern extremity of Lake Michigan, should be the dividing line between the two tiers of States to be erected out of the Northwestern Territory.

On the 30th of April, 1802, Congress enacted a law "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 the same into the Union." The second section of that act is as follows: "That the said State shall consist of all the territory included within the following boundaries, to wit: bounded on the east by the Pennsylvania line, on the south by the Ohio river, to the mouth of the Great Miami, on the west by a 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 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 aforesaid."

Pursuant to this act, a constitutional convention was called and a constitution framed. The article prescribing the boundaries of the State was in the language of the section above recited, but is followed by the following: "Provided always, and it is hereby fully and expressly 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 the said Lake Erie, cast of the line of the mouth of the Miami river of the Lake, [now called the Maumee] 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 extended to a direct line running from the southern extremity of Lake Michigan, to the most northerly cape of the Miami [Maumee] 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."

Although Ohio was admitted into the Union under this constitution, Congress did not, in terms, assent to the proviso as to boundary; but, on the contrary, in 1805, clearly dissented, by organizing Michigan as a separate territory, fixing as its southern boundary, the line contemplated by the ordinance of 1787.

In 1807, the General Assembly of Ohio passed a resolution instructing her senators and representatives in Congress to use their influence to obtain the pas

sage of a law to ascertain and define the northern boundary line of this State, and fix the same agreeably to the proviso.

In 1812, the Surveyor-General of the United States caused two lines, to be run, one in conformity with the enabling act of Congress, and the other as called for by the proviso. The line claimed by Michigan was called the Fulton line, and that claimed by Ohio was called the Harris line.

Notwithstanding the protests of Ohio, Michigan continued to exercise jurisdiction over the disputed territory, without serious opposition, until 1834 or 1835, though the Court of Common Pleas of Wood County, soon after its organization, in 1820, attempted to exercise jurisdiction north of the Fulton line. The people refused to acquiesce, and the attempt was abandoned.

On the 22d of December, 1834, the General Assembly of Ohio adopted a memorial to Congress, in which this language occurs: "The occupation by the territory of Michigan, of an integral part of her domain, has thus far been suffered by Ohio, because of its unimportance, while the northwestern quarter of the State remained a wilderness," etc.

This memorial was duly presented to Congress, and at the session of 1834-5, John Quincy Adams made an elaborate report against the claim of Ohio.

In the case of Daniels vs. Stevens, lessee, reported in the 19th Ohio Reports, Chief Justice Hitchcock, in delivering the opinion of the Court, says,'At the session of the General Assembly at which this memorial was adopted, that body seems to have come to the determination to assert the rights of the State without further delay, for the action of Congress. By an act passed February 23d, 1835, (33 Ohio L. L. 92) entitled 'an act defining the northern boundary of certain counties in this State, it is provided in the first section, that the counties of Williams, Henry, Wood,' etc. shall extend to and be bounded on the north by a line run from the southern extremity of Lake Michigan to the most northern cape of Maumee Bay,' etc. The same act provides that certain townships north of the Fulton line shall be attached to the counties which they adjoin. All the provisions of this act, go to show that up to the time of its passage the jurisdiction over the territory had been in Michigan.

"By the same act the Governor was authorized to appoint commissioners to survey the northern boundary of the State, according to the proviso in the constitution. Commissioners were appointed accordingly, but they were prevented from running this line by the people of Michigan. In consequence of this failure and the resistance of Michigan, the General Assembly was convened in special session on the 8th of June, 1835, at which session the county of Lucas was organized, made up, in a great measure, of this disputed territory. This, however, did not quiet the difficulty, for although the Court of Common Pleas attempted to exercise and did, to a certain extent, exercise jurisdiction, still, according to the agreed case, Michigan exercised the same jurisdiction as before. The difficulty was not ended until June, 1836, when Congress passed a law fixing this boundary in accordance with the wishes of Ohio."

At the spring election of 1836, a double set of local officers were elected; one set under Michigan laws and one under the laws of Ohio.

The Sheriff of Monroe county, Michigan, at the head of a considerable force, marched into the disputed territory, and carried off to Monroe, some of the wouldbe citizens of Ohio, who aspired to the honors of the local offices under the laws