versy between the State of Ohio and the Territory of Michigan. Since then he has determined upon sending one or two commissioners to confer with you and the Acting Governor of Michigan on the subject. He trusts that nothing will be done on either side until they shall have had the conference. He hopes this forbearance confidently from you, and he expects it from the Acting Governor of Michigan.

GENTLEMEN: The President's object in selecting you to visit the Governor of the State of Ohio, and Acting Governor of Michigan, has been already verbally made known to you, and he feels sensibly the promptitude with which you have undertaken the service. The Chief Magistrate declines all right authoritatively to interfere, especially with the Governor of the State, acting under the authority of a State law. His purpose in appointing you was to confer with the Governor of Ohio and the Acting Governor of Michigan, to point out to them, with friendly solicitude, the deplorable consequences which may finally ensue if their respective claims are to be asserted in the spirit of recent preparation on both sides--consequences deeply affecting the interests of all, and fixing upon the character of our political institutions an indelible stain.

It is not for the President to determine which party is right; with that he has, in this state of the controversy, nothing to do. His sole anxiety is, that neither, whether right or wrong, shall do itself and the United States the grossest injustice, by resorting to a mode of settling the question never anticipated by the framers of our admirable system of gov ernment, and not to be anticipated without detestation and horror. Whatever may be necessary to bring the question between the parties to a point at which peaceable decision is inevitable, whether through the agency of Congress, or the courts of justice, you will encourage by your counsel; whatever beyond, you must endeavor to prevent by all the appeals that can be made to the honor and integrity and good sense and patriotism of either side. If no other resort is left, you will direct the Acting Governor of Michigan, under no state of excitement, to resort to force, under the Territorial law, until an opportunity shall be afforded to Congress to consider if that act requires to be disapproved. In giving this direction, you will explain that it is the President's expectation that the subject will be finally disposed of by Congress at their next session; or if not, that the establishment of a State Government in Michigan will soon place the Territory upon the proper footing of equality with the State, and bring the subject of dispute between them within the provision of the constitution of the United States.

You will repair, by the shortest route, to that point within or near the boundary line of Ohio at which Governor Lucas and Mr. Secretary Mason are to be found, and will then, by your earnest solicitations, proceed to persuade the parties respectively to such a forbearing course on each side

as will be consistent with their duties to themselves, to their respective offices, and to the honor of the country.

You will be so good as to keep a memorandum of your expenses while on this service, which, with a proper allowance for the time occupied in performing it, will be defrayed at this Department.

I am, gentlemen, your obedient servant,

Hon. RICHARD RUSH and

BENJAMIN C. HOWARD.

JOHN FORSYTH.

YTH

F No. 5.

Mr. Rush and Col. Howard present their best respects to Governor Lucas, and beg leave to inform him that they arrived here a few minutes ago, in execution of a duty devolved upon them by the President of the United States, which makes it necessary that they should wait upon Governor Lucas at Perrysburg, in the hope of having the honor of an interview with him.

It is accordingly their intention to repair to Perrysburg, after they should have an opportunity of seeing the Acting Governor of the Territory of Michigan, now, as they have just been informed, at Monroe, for which place it is their intention to set out immediately.

Toledo, April 3, 1835,-FRIDAY NIGHT.

Governor Lucas has had the honor to receive the note of Mr. Rush and Col. Howard, of the 3d inst. He will be happy to see them, either at this place or Toledo, as they may prefer. They will be pleased to accept his most respectful compliments.

Perrysburg, April 6th, 1835.

F No. 6.

The undersigned have already made known to his Excellency Governor Mason, in verbal conferences, the object of their visit to this portion of our common country, and the sentiments which they were instructed by the President to express, in relation to the unfortunate condition in which the controversy between the Territory of Michigan and State of Ohio is now placed. They will merely, therefore, repeat, that, as respects the rights of the respective parties, the President, as Chief Magistrate, wishes to express no opinion at the present moment, because he considers it a question peculiarly proper for adjustment by Congress, and which that body will, at its next session, in all probability, examine and decide. All that the President feels himself authorized to do at present is to appeal to the respective authorities of the Territory and State, to enforce their claims to the jurisdiction of the tract of land, which both allege to be included within their boundaries, with such a spirit of moderation and forbearance that violent collisions may be avoided. His great object is the prescrvation of public peace. Looking to the preservation of domestic tranquillity

throughout the wide region of the United States as one of the chief motives det led to the formation of the Federal Government, and one of the choigest blessings flowing from its establishment, he feels it to be an imperative duty to exert his friendly influence with both the parties to the controversy under consideration, so to enforce their respective rights as to avoid a resort to violence upon either side. Without adverting to the numerous and cogent motives by which such a course is recommended, and which the designed have had the honor to express in verbal conferences hit: rt, it becomes their duty to inform his Excellency that a case has occured, to the consideration of which they are directed to call his attention, by the express letter of their instructions.

The Territorial law of Michigan, approved on the 12th of February, 1835, entitled "An act to prevent the exercise of a foreign jurisdiction within the limits of the Territory of Michigan," like all other acts of the Legislative Council, must be subject to the revisal of Congress, although valid until dissent has been pronounced. But as it is a criminal law, the power of the Governor has been thought competent to dispense with its operation, either in whole or in part, without interfering with the exercise of the judicial power of the courts. The undersigned are profoundly sensible that there exists no controlling power in the country, either under the Federal or any State Government, to dictate to the tribunals of justice the course to be pursued. The stream which flows from the independent exercise of judicial functions must be permitted to hold its course, unchecked by influence or unbiassed by power. Nevertheless it is respectfully submitted to his Excellency whether there cannot be found within the scope of his powers, a mode of dispensing with the rigorous punishments of a criminal law, without clashing with any co-ordinate authority, or violating the spirit of our institutions; and if so, whether it is not expedient to pursue that course in the case to which, as they have just, said, they wish to call his attention.

At the moment of writing this note, indictments exist in the court now in session in this place, against several of the inhabitants of the disputed territory for a violation of the Territorial act of February 12, 1835, and it is understood that the process of the court is about to be served with a strong arm. It becomes the duty of the undersigned therefore to make known to his Excellency the wish of the Federal Government, that under no state of excitement should resort be had to force under this Territorial law, until an opportunity shall be afforded to Congress to consider if that act requires to be disapproved. It is the President's expectation that the subject of the boundary line between Michigan and Ohio will be finally disposed of by Congress at their next session; or if not, that the establish ment of a State Government in Michigan will soon place the Territory upon the proper footing of equality with the State, and bring the subject of dispute between them within the provisions of the constitution of the United States. In making this communication, the undersigned believe that they have not departed from the attitude which, in the spirit of their instructions, they have assumed, viz: that of being the friends of both parties, whose rights, interest and honor are equally cherished by the President; and they confidently trust that no step which they may have taken will be found adverse to such an impartial position.

They beg leave, in conclusion, to acknowledge the friendliness with

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which they have been received by his Excellency, and to request him to accept the assurances of their high consideration and esteem,

RICHARD RUSH,

BENJ. C. HOWARD.

TOLEDO, May 1, 1835.

DEAR SIR: We have just received your favor of this date, and regret to learn that his Excellency Governor Lucas, contemplates setting out for Columbus as soon as to-morrow: Col. Howard has been confined to his bed by indisposition, since last evening, and has only just left it; but, if he should be sufficiently recovered, we will both of us have the honor of waiting on the Governor at Port Miami, as soon after breakfast to-morrow, as we can reach it. Should he, unfortunately, be too unwell, I will go alone.

I remain, dear sir, very respectfully,
Your friend and servant,
RICHARD RUSH.

General BELL.

An interview between Governor Lucas and Richard Rush and Col. Howard, United States Commissioners.

1st. The Commissioners of Ohio, to mark the line without molestation or hindrance by any process of a public character, or by troops, or in any other manner. Should individuals incline to bring actions of trespass against them, all reasonable efforts to be made to dissuade them from this

course.

2d. Should the inhabitants of the disputed territory be willing, for the sake of present peace, to submit to legal process, issuing from the courts of Ohio and Michigan, it is understood that the executive authorities will intimate to the prosecuting officers, their wish that all indictments or recognizances, founded upon the Territorial act of 12th February, and the act of Ohio of the 23d February, shall be continued from term to term, until the termination of the next session of Congress; and, in case the question of jurisdiction shall, by that time, be decided, either by Congress, or the Supreme Court, all such indictments, on both sides, shall be quashed. Every reasonable facility to be afforded towards bringing the question before the Judiciary.

PORT MIAMI, May 2, 1835.

MONROE, April 10, 1835.

The undersigned has had the honor to receive the note of Messrs. Rush and Howard, communicating to him the sentiments which they were instructed by the President to express in relation to the controversy now pending between Michigan Territory, a Territory of the United States, and the State of Ohio, In acknowledging the receipt of their note, he is prompted by a sense of duty to himself, as well as by the duty which is incumbent

on him as a subordinate officer of the Government, responsible to the President for his official acts, briefly, though respectfully, to state the views he entertains of a part of their communication.

The sentiments of the President, when he urges the necessity of forbearance by the opposing parties, and expresses a desire that acts of violence may not occur in enforcing the laws of this Territory, no one can more highly appreciate than the undersigned. But, in a Government where respet for the supremacy of the laws is the great moral obligation which controls and governs society, there are sometimes considerations which would even seem to justify and require a resort to measures which are not usually demanded in the ordinary administration of justice. The history of our country will furnish such instances, although it is with feelings of pride that the citizens of the United States can declare that those instances have been rare, and that when they have occurred, however great they may have been at first to the misguided intention of those originating them, the intelligence and patriotism of the American people have thus far preserved, unstained, the purity of our institutions, and have sustained the constitution and laws of the country.

The controversy between Ohio and Michigan is one of the cases alluded to. It is stated, "that as respect the rights of the parties, the President, as Chief Magistrate, wishes to express no opinion at the present moment, and all that he feels himself authorized to do at the present moment, is to appeal to the respective authorities of the Territory and State, to enforce their claims to the jurisdiction of the tract of land which both allege to be included within their boundaries, with such a spirit of moderation and forbearance that violent collisions may be avoided." With the unfeigned deference and respect which the undersigned should entertain for the sentiments expressed, he is compelled, however much he may regret it, to dissent from them. It is fully conceded that the President may well appcal to the authorities of Ohio, to enforce their clainas to jurisdiction with inoderation and forbearance, and it was hoped, and even expected, that the representation of the views of the Government through so high a source as that to which they have been entrusted, would have had the effect to have ended this controversy, brought on and now urged by that State. Michigan is guilty of no usurpation of authority. Under the opinion of the Attorney General, the legal adviser of the President, she is in the exercise of a jurisdiction which she has held for thirty years, and which that officer, when called upon by the President, declares to belong to her. His language is, "that, until the assent of Congress is given to the claim of Ohio, it must be considered as forming, legally, a part of the Territory of Michigan." Michigan is disturbed in the exercise of that jurisdiction; her officers of justice have already been resisted; and to maintain and assert her rights, it is respectfully asked, what does the Attorney General point out as the power of the President, when solicited to assist and protect her?

He says "it is only in obedience to the constitutional injunction to take care that the laws be faithfully executed, that the President can be authorized or required to interfere in any of the matters growing out of this controversy." Are any acts of Congress now in force interfered with by the course pursued by the authorities of Michigan? None. Are any acts of Congress now in force interfered with by the course pursued by the authorities of Ohio? The Attorney General answers, that, in his opinion, "the acts which provide for the government and organization of