The Ohio-Michigan Dispute

As promised here is the scoop on the Michigan/Ohio War or should we say Dispute. It was more posturing than actual out and out warfare, but it occurred nonetheless. The information source was the same as the other evening, a publication from the Auditor's office on Land Records, State of Ohio. I have also included a graphic which shows the area affected, part, which is the northern half of Fulton County, where Amboy Township is located.

This was maybe the most bizarre war in American history was the Toledo War that had no mortal casualties because the militias could not find each other.

Bob

The Disputed Land

Michigan Survey - This original land survey is located in Northwest Ohio in Williams, Fulton, and Lucas counties. It is a continuation of the federal rectangular surveys starting from the Michigan Meridian and its base line, which is located north of Detroit.

The land was claimed by both the state of Ohio and the territory of Michigan. This dispute nearly caused a war between the two in 1835. Ohio militia actually waited at the disputed state boundary line to invade Michigan. Some skirmishes occurred, and minor injuries inflicted before more peaceful means prevailed.

The cause of this controversy had its origin in the Ordinance of 1787, when it was provided 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 southerly bend or extreme of Lake Michigan."

The Act of April 30, 1802, that enabled Ohio to become a state, defined its north boundary to be "an east and west line drawn through the southerly extreme of Lake Michigan, running east until it shall intersect Lake Erie."

Ohio was admitted to the Union without Congress clearly defining its northern boundary. Congress tried to clear up the problem in 1817, when William Harris surveyed the boundary as set forth in the Ohio Constitution. Michigan objected to the Harris Line. John A. Fulton ran another survey in 1818 based upon the language in the Northwest Ordinance. Ohio objected to the Fulton Line because it was several miles south of the Harris Line and Ohio would lose the harbor at what is now Toledo.

Finally, on June 15, 1836, the controversy ended when the President of the United States approved "An Act to establish the northern boundary of Ohio and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed." The boundaries prescribed for Michigan took away all the land south of the Harris Line, 400 square miles. Michigan received 9,000 square miles (which now is its Upper Peninsula) for its loss. Also, it was admitted to the Union on January 26, 1837 as part of the compromise.

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There are a number of references on the internet relating to this dispute including:

http://en.wikipedia.org/wiki/Toledo_War

http://www.ohiohistorycentral.org/entry.php?rec=562

Land grants to the State of Ohio - July 1787

Over the next few days I would like to provide some background information on two events that had an enormous impact on the Tripp's that came to Fulton County and lived in Amboy township.

One of these events was the Ohio/Michigan boundary dispute. The dispute centered around a permanent boundary line between the sovereign state of Ohio and the Territory of Michigan. This event almost erupted into civil war. Bottom line, we could have been Wolverines and not Buckeyes. This topic will be covered in a couple of days.

The other event involved the method by which land was given to the states in the form of land grants as part of the Northwest Territory by congress in July of 1787. This is the aspect that I would like to cover tonight. The following is part of a publication on land grants written by the Auditors office, State of Ohio. When you look back to how education was originally funded - as the result of a marvelous plan and where we are today - funds coming from gambling and casinos, a sad but true story of political ineptitude is woven.

Grants to the State of Ohio

The state of Ohio received land grants from Congress for specific purposes. The state disposed of these land grants through Acts of the Legislature. The following is a description of these land grants, with a brief history of their disposition

School Lands - Section 16. The federal government's gift of land for educational purposes traces its origin to the Land Ordinance of May 20,1785. Within the ordinance, the following language can be found. "There shall be reserved the Lot No.16, of every township, for the maintenance of public schools within said township." Thus began Congress' intent to encourage public schools by land grants. By 1920, 73,155,075 acres of the public domain had been given as school lands to the public land states.

The township referred to in the ordinance is a surveying unit. Used in public land surveys, a township describes a square containing 36 sections, each one-mile-square (640 acres). Sections are numbered one to 36 within the township. Civil townships are political subdivisions (units of local government) within a county. In states using the federal rectangular survey system, civil townships and surveying townships often have the same boundaries but exceptions exist.

The Northwest Ordinance (July 13,1787) is a document for the establishment of government in the Northwest Territory and not for land surveys. Specific language is not found in it for the reservation of School Lands. However, in the Enabling Act of 1802, (Act of April 30,1802) Section 7, Congress offered three propositions which, if accepted by the Ohio's constitutional convention, "shall be obligatory upon the United States." The first proposition stated "That the section number sixteen, in every township, and where such section has been sold, granted, or disposed of, other lands equivalent thereto; and most contiguous to the same, shall be granted to the inhabitants of such township for the use of schools."

In answer to the proposition, the Ohio Constitutional Convention passed an ordinance-resolution, November 29, 1802, which was a counterproposal. The ordinance-resolution, when accepted by Congress, would greatly affect the state from 1803 to the present day. The November 29,1802 ordinance-resolution required the United States to donate one thirty-sixth (2.77%) of the land area of Ohio for the support of schools; give the state not less than three percent of the net proceeds derived from the sale of public lands in Ohio; donate one township (23,040 acres) for an institution of higher education (now Miami University); and give the Ohio Legislature control of the donated lands, in trust, for the purposes Congress intended when making the grant. Congress accepted these counterproposals March 3,1803. By this Act, Congress appropriated public land to honor the commitments it had made to the state.

Each township received Section 16 for its school land whenever possible or one in lieu of it as stated in the first proposition above. These "in lieu of sections" are not uncommon in Ohio because of early grants. Downtown Columbus, for example, is situated in Range 22, Township 5, Section 16 (Matthew's Survey), which should have been reserved for schools. However, the Refugee Tract grant overlapped this Section 16. Therefore, it was unavailable except to claimants of the grant. Township 5's schools were given Section 15 in Township 11, Range 21 (Matthew's Survey), which is located right next to Township 11's school section now in Madison Township, Franklin County, near Groveport.

The Virginia Military District (VMD), Connecticut Western Reserve (CWR) and United States Military District (USMD) all received school lands to use for the support of their schools. These federal grants were not located within the VMD or CWR because neither tract was under federal jurisdiction.

The Virginia Military District school lands (105,600 acres) are found in Wayne, Holmes, Ashland, Richland, Crawford and Morrow Counties.

The Connecticut Western Reserve (CWR) school lands are located in two different geographic areas of the state because two appropriations were made. Holmes and Tuscarawas counties have 56,000 acres of CWR school lands, while Williams, Defiance, Paulding, Putnam, Henry and Van Wert counties have 37,724.16 acres. The total land granted came to 93,724.16 acres.

The United States Military District school land grants totaled 72,000 acres located in Guernsey, Coshocton, Muskingum, Licking, Morrow and Delaware counties.

The Donation Tract, the Two Mile Square Reserve, the Moravian Tracts and French Grants were granted school lands either within the tracts or adjoining them.

The United States government granted 704,204 acres for public school purposes in Ohio.

The Acts of the Ohio Legislature relating to school lands and school funds, as well as the history of the school lands, would make a fascinating book. Unfortunately, only the highlights can be mentioned in this booklet.

The Ohio Legislature passed its first act concerning school lands on April 15, 1803. The act provided for the leasing and administration of these lands.

At first, school lands were leased for seven to 15 years with requirements that the lessee improve the property by clearing and fencing it, planting 100 apple trees, as well as other duties. In 1817 school lands were permitted to be leased for 99 years, renewable forever.

By the Act of February 1,1826, Congress consented to the state's request that it be permitted to sell school sections. However, the act required that the township's inhabitants would have to consent to the sale of the school section prior to any land being sold.

The Ohio Legislature, on January 29, 1827, passed an act establishing the voting, appraisal, sale, and conveyance procedures to follow in the sale of section 16 school lands. School land sale proceeds were deposited into the "Common School Fund," and interest on the principal paid to the schools within the original surveyed township, as required by the 1826 Congressional Act.

Article VI, Section 1, Ohio Constitution 1851, protected the principal of all funds received for the sale, or other disposition of lands granted or entrusted to the state for educational or religious purposes. Ohio voters approved an amendment to this Article in 1968. The trust moneys were then dispersed for educational purposes.

School lands were administered by the trustees of the original surveyed townships until 1914. Unfortunately, their administration dissipated an asset that Congress had intended as a continuing endowment for education.

The Auditor of State became responsible for the leasing of mineral rights in 1914. The Garver Act of 1917, made the Auditor of State the Supervisor of School and Ministerial Lands, in addition to his other duties. He maintained administrative control until August 1,1985, when House Bill 201(116th G.A.) transferred most of the duties of the Supervisor to the State's Director of Administrative Services.

At the time of transfer, four school land farms totaling 1,232 acres were under two year leases, while several small lots in Columbiana County were under lease for 99 years renewable forever. The four school land farms were located in Hardin County, Marion Township (R9E, T45, S16 640-acres); Ross County, Green Township (R21, T9, SIS-312 acres); Marion County, Big Island Township (R14E, TSS, S1S-160 acres); and Franklin County, Madison Township (R21, TII, S16 - 120 acres).

On June 29,1988, Amended House Bill 497 and Amended Substitute House Bill 549 (117th G.A.) became effective. These acts transferred the general charge, supervision, management and all remaining moneys from the State's Director of Administrative Services, acting as supervisor, to the Board of Education of each school district that had been allocated these lands. Title to these lands are held in trust by the State of Ohio, through the General Assembly, because of a March 3,1803 Congressional Act.

The Auditor of State maintains the record copy of School and Ministerial Land deeds issued by the state of Ohio. Final certificates for these types of lands as well as lease records have been placed in the State of Ohio Archives.