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CHAPTER III.
THE DISPUTED BOUNDARY AND THE TOLEDO WAR.
THE early history of Toledo and of Lucas County is associated with the most serious question of boundary that has arisen within the Northwest. In fact, Toledo was a chief cause, as Lucas County was chiefly a result, of such dispute. The difficulty, as already intimated, arose in a disagreement as to the boundary line between the State of Ohio and the Territory of Michigan, and was the result of a lack of due care on the part of those who originally undertook to fix that line. It was not, as generally understood, a dispute between Ohio and Michigan, as parties thereto, for the reason that the former, a sovereign State of the Union, could not, in the nature of the case, have such dispute with the latter, a Territory, the creature of Congress and wholly subject, for both its existence and its condition, to the will of that body. The issue was between Ohio and the United States, and all done in the case in the name of Michigan Territory, was unauthorized by any existing law. It was a question of boundary between the domain of a State and that of the Federal Government. The only "War" in that connection arose in the unwarrantable attempt of the Territorial authorities of Michigan to exercise authority which belonged not to them, but to the United States.
The source and nature of that boundary question, will best be shown by a brief statement of the case. Under the Ordinance of 1787, the territory Northwest of the Ohio River was given a temporary Government under the name of the Territory of the Northwest. It embraced what now constitutes the States of Ohio, Michigan, Indiana, Illinois and Wisconsin. The "Louisiana Purchase," including territory West of the Mississippi, was made subsequent to that time. In 1796, the Northwest Territory was composed of five Counties, with names and boundaries as follows: Wayne-including the settlements on the Maumee, Raisin and Detroit Rivers, with its seat of justice at Detroit ; Washington comprising all that portion of the present State of Ohio, within 40 miles of the Ohio River and between the Little Miami and Muskingum Rivers, with Marietta for its County seat; Hamilton-embracing the region between the Little and the Great Miami, and within 40 miles of the Ohio, with Cincinnati as We thank our good friends, Judge Symmes and the seat of justice; Knox-containing the Meigs and Sir Thomas, for what is done. They fore saw that the County of Wayne would be a dead country weight against them. Unfortunately, the people of Great Miami and the Wabash Rivers, having this County are too little practiced in false politics, to Vincennes as its County-seat; and St. Clairembracing the settlements upon the Illinois and Kaskaskia Rivers, as well as those upon the Upper Mississippi, the seat of justice being at Kaskaskia.
By the ordinance of 1787, it was provided, that when a State should be formed of the Eastern portion of the Territory, it would include the territory " lying North of line drawn East and West, through the Southern extreme of Lake Michigan," which should remain a portion of such State, until such territory should contain 60,000 inhabitants. In disregard of this provision, however, the enabling act of Congress (1802) providing for the organization of the State of Ohio, fixed the Northern boundary of the proposed State on the line above mentioned, whereby what is now Michigan was excluded from the proposed State and attached to the Territory of' Indiana, with its seat of government at Vincennes, a distant and very inconvenient point. This was very unsatisfactory to the inhabitants of that region, who protested positively against it. It was not long, however (1805), before the Territory of Michigan was established, with its Capital at Detroit, which at once allayed all feeling on this subject. Had the terms of the ordinance of 1787 been complied with, the Michigan Peninsula would have constituted a portion of Ohio until it should have attained the requisite (60,000) population for a State Government. Different reasons were given for this unexpected exclusion of Michigan from Ohio, among which were these : 1st. An apprehension that the opposition of the inhabitants of that section to the proposed State Government, might prevent such movement. 2d. The fact that they were politically opposed to the existing Administration (of' President Jefferson), whereby it was feared that, with them included, Ohio might start off politically a "Federal" State. Jacob Burnet, of Cincinnati, was a leading man in the Territory, and was politically in sympathy with the excluded people. Sol. Sibley, of Detroit, was a member of the Territorial Legislature, and August 20, 1802, he addressed to Judge Burnet a letter, bitterly characterizing the plan referred to. Among other things, he said:
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answer their purposes. You state in your letter, that you cannot believe that the " Convention will accept the law as it now stands, with the clogs that hang about it." I differ with you in opinion. Nay, I am persuaded that were it ten times more degrading to the people of the Territory than it is, it would be speedily snatched at by a majority, which, from the exclusion of the County of Wayne, they are sure of. I will do everything within my power to stir up the citizens of Wayne County to claim their violated rights.
There were several questions growing out of, and connected with the organization of the State of Ohio, which cooperated to cause misunderstanding and unkind feelings between the people of what is now Ohio and those of Michigan. In the first place, the general sentiment seems to have been that the movement for the formation of a State Government was premature and unwise. It was not the act of the Territorial Legislature or of the people, as in other like cases; but solely that of Congress, not only without suggestion by the local authorities, but against their known will, and upon the petition of a few individuals speaking only for themselves. As already suggested, this state of things was then believed to be due to partisan ends sought in the formation of the State. Judge Burnet in his "Notes on the Northwestern Territory" says that so strong was the popular feeling against Jefferson and for Mr. Adams in the bitter contest of 1800, that there were in Hamilton County but four persons known to him as supporting the former, to wit: Maj. David Zeigler, William Henry Harrison (afterwards President), Wm. McMillen and John Smith. The feeling in Wayne County, now Michigan, if anything, was even more decided in the same direction.
But the most serious of the results of the separation of Wayne County from Ohio in 1802, are not found in the partisan divisions of that day. They were developed in the question of boundary, which assumed grave magnitude several years later. Of this, it will be fitting here to make as brief a statement as may be consistent with a proper understanding of its merits
1. As already stated, by the ordinance of 1787, creating the Territory Northwest of the Ohio, the line provided for the Northern boundary of the State to be formed of that territory (subsequently the State of Ohio), was " an East and West line, drawn through the Southerly bend or extreme of Lake Michigan."
2. By the enabling act of Congress, under which the State of Ohio was organized in 1802, the Northern boundary of the same was stated as " an East and West line drawn through the Southerly extreme of Lake Michigan."
3. The State Constitution, formed under said authority, declared the Northern boundary of the State to be an East and West line, drawn through the Southerly extreme of Lake Michigan, running East," `' until it shall intersect Lake Erie, or the Territorial line ;
"Provided, That if the Southerly bend or extreme of Lake Michigan should extend so far South, that a line drawn due East from it would not intersect Lake Erie, or if it should intersect Lake Erie
Fast of the mouth of the Miami of the Lake (the Maumee River), then, and in that case, with the assent of Congress, the Northern boundary of this State shall be established by, and extending 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 will be seen, the question of boundary thus presented, rested on what should prove to be the Eastern termination of a line drawn due East from the extreme of Lake Michigan, the uncertainty as to which seems to have been recognized by the Ohio Convention and carefully provided against, in fixing the Northern line of the proposed State. In his "Notes," Judge Jacob Burnet, a prominent and active member of that Convention, and subsequently a United States Senator from Ohio, says it was generally known to those who had consulted the maps of the Western country extant at the time the ordinance of 1787 was passed, that Lake Michigan was represented thereon as far North of the position which it has since been ascertained to occupy. On a map in the State Department, which was the guide of the Committee of Congress who framed the ordinance of 1787, the Southern extreme of that Lake was laid down as near the 42d degree of North latitude ; and there was a pencil line passing through the Southern bend of the Lake to the Canada line, which intersected the Strait between the River Raisin (Monroe) and Detroit. Judge Burnet says " that line was manifestly intended by the Committee and by Congress, to be the Northern boundary of this State; and on the principles on which Courts of Chancery construe contracts, accompanied by plats, that map and the line marked on it should have been taken as conclusive evidence of the boundary, without reference to the actual position of the Southern extreme of the Lake." During the session of the Ohio Convention, says the same authority, it was the common understanding that the maps in use were not correct, and that the line should terminate at some point on the Strait, far above Maumee Bay. But while the matter was under discussion, a man who had hunted many years on Lake Michigan, and thus was well acquainted with its position, happened to be at Chillicothe, and in conversation mentioned that the Lake extended further South than was generally supposed; and that a map he bad seen placed its Southern bend many miles North of its true position. The effect of such statement was serious apprehension on the subject, and led to the change of line from that named in the enabling act to the one set forth in the State Constitution.
It is said, that this change at the time was regarded as so serious a matter, that some members of the Convention hesitated to adopt
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it, lest it be rejected by Congress and the admission of the State into the Union thereby be postponed. But it was finally adopted and subsequently approved by Congress, in the acceptance of the State with its boundary so fixed. Major B. F. Stickney says the man who gave the information at Chillicothe in regard to Lake Michigan's real position, was named Wells, and that he had been long a prisoner with the Indians in that region, and had thus become familiar with the facts.
For several years and until about 1812, but little seems to have been done or said about this matter. At that time, Amos Spafford, the Collector of Customs for the Miami District, on behalf of some fifty resident families, sent the following letter to the Governor of Ohio
MIAMI RAPIDS, January 23, 1812.
SIR : It appears to be the general wish of the people in this settlement (which consists of about 50 families), to have the laws of the State of Ohio extended over them, as we consider ourselves clearly within the limits of said State. The few who object, are those who hold offices under the Governor of Michigan, and are determined to enforce their laws. This is considered by a great majority of the inhabitants as usurpation of power which they are under no obligation to adhere to. If no adjustment should take place, I fear the contention will ere long become serious. Sir, will you have the goodness to inform the people here, whether there has been any understanding between the State of Ohio and the Governor of Michigan on the subject of jurisdiction, together with your advice.
I am, sir, with high esteem,
Your obedient servant,
AMOS SPAFFORD,
Collector of Port Miami.
The declaration of War with England, which followed in June of that year, postponed action in this matter, beyond the passage of a resolution by Congress, directing a survey of the boundary line to be made. No steps to that end were taken until 1816-17, when Governor Cass, in behalf of Michigan, took measures to secure a survey. The consent of the Indians, who yet held most of the country through which the line would pass, was obtained by Major B. F. Stickney, by request of Governor Cass, when the General Land Office directed a Surveyor (William Harris) to run the line. When this was accomplished, it was discovered by Governor Cass that the Land Office had furnished the Surveyor with a copy of the Constitution of Ohio, instead of the ordinance of 1787 or the enabling act of 1802, for his guide. To this Governor Cass made vigorous protest and complaint, when President Monroe directed a second line to be run due East from the Southern extreme of Lake Michigan. John A. Fulton was the Surveyor in this case. Hence, we have the "Harris line," as claimed by Ohio; and the " Fulton line," as claimed on the part of Michigan.
While the important question raised by these two lines was at the time recognized in Congress, as well as in Ohio and in Michigan, no steps were taken toward settling it for many years thereafter. Meantime, the disputed territory continued largely under the jurisdiction of Michigan. Now and then the matter would come up, as in 1821, when the Assessor of Waynesfield Township, Wood County, Ohio, undertook to list for taxation the property of settlers between the Harris and Fulton lines. The fact was, that the few settlers had enough to do, without studying political questions. They found forests to be felled, soil to be subdued, educational and religious advantages to be provided-in a word, the foundation of civilized society and the means of living, to be secured; and hence, had little time to examine or discuss a disputed boundary. That question would full soon enough become practical with them, without their agency in inviting the issue. It was not until the Northern outlet of the Miami and Erie Canal came up for decision, that the boundary question assumed an importance which could challenge the attention of the residents. The connection of the two matters will be seen, from the fact, as then assumed, that the most desirable point for such terminus was at Toledo, within the disputed territory. The thought of Ohio constructing so expensive a channel of trade, and then turning its traffic into a Michigan port, was not to be entertained ; while Michigan, no doubt, was not a little anxious to avail herself of whatever advantage might thus be derived from a neighbor's necessity.
Progress in the construction of the Canal was slow, the work having been suspended for several years after a large portion of the Southern section bad been made. The completion of the Ohio Canal in 1833, made the people interested in the Miami and Erie very impatient of delay; and as interest increased in the work, the question of the Northern outlet assumed more urgent shape. Different plans were proposed for avoiding the "rugged issue" of the boundary question. Thus, the Towns at the foot of the Rapids (Maumee City and Perrysburg) could see no sufficient grounds for trouble in that connection, since the Canal could as well or even better be locked into the River, and transhipment to Lake craft be made there, or the Canal Boats be towed to Toledo by the River. Hence, those Towns felt no solicitude on account of the boundary question, but on the contrary, quite the reverse.
Then, again, the" Sandusky Bay Navigation Company" proposed to aid in the peaceful disposal of the Canal traffic. That corporation was chartered by the Ohio Legislature during the winter of 1834-5, at the time when the outlet of the Canal was a pressing matter. The corporators were John G. Camp, Isaac Mills, Oran Follett* and William Neill, of Sandusky,
* Mr. Follett is yet (1887) a resident of Sandusky.
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who bad then recently purchased a large portion of the plat of that City. The purpose of the Navigation Company was, so far as possible, to make Sandusky the real terminus of the Miami and Erie and the Wabash and Erie Canals. This was to be accomplished through a connection of the Maumee and Sandusky Bays, by means of a Canal across the Peninsula-Mud Creek and Portage River being used for a portion of the way. The entire distance between the Bays is about two miles. It was believed by the projectors of this enterprise, that thereby Sandusky might receive as much benefit from the Canals named, as would the points of termini on the Maumee River; while the Lake voyage to and from the East would be shortened by seventy miles. No record is found of any steps taken toward the construction of the " Sandusky and Maumee Canal." Referring to this feature of the controversy, Mr. Andrew Palmer, among the most prominent and influential of citizens of Toledo in support of Ohio's claim, says it should be noted that this was before the utility of Railroads had measurably superseded Canals ; and that there was among the earlier settlers of Toledo a strong conviction, that their success in building up a Town depended largely upon securing the terminus of the Wabash and Erie Canal -a work in which Indiana and Ohio were then about to embark. Coupled with this conviction, was the belief that there was a strong influence being exerted at Detroit and Monroe, to thwart them in their efforts to build up a Town at Toledo ; that such was the chief motive for the adverse action of Michigan to the claim of Ohio to the disputed territory, including the commercial harbor at the mouth of the Maumee; and that such influence was sufficient to control the authorities of Michigan. Such feeling on the part of Detroit and Monroe, it was believed, had its source in the apprehension that should a commercial Town grow up at Toledo, it would seriously cripple the trade of those points, by taking from them the interior trade on which their growth so largely depended. On the other hand, Mr. Palmer says that the consideration which induced these Michigan rivals to desire to get Toledo from Ohio, operated with even greater force upon the people of Toledo to see their young Town permanently fixed in Ohio. In this way he would explain much of the excessive zeal manifested by them in support of Ohio's claims.
The discussion of ways and means of outlet, without necessity for disturbing the boundary question, only intensified the anxiety of most of the Toledo people for prompt and vigorous steps for their own permanent location in Ohio. Without that, as they assumed, there could be no Canal for them.
Among the active men of Toledo at that time, was Dr. Jacob Clark, who came early in 1834, and at once engaged in merchandising in what was known as "Lower Town " or Vistula. The Canal location was then pressing itself most urgently upon the residents, while the boundary question, as an element in the case, was no less absorbing. The State authorities, while anxious to proceed with the Canal, and fully satisfied that Toledo was the proper point for its outlet, were at the same time reluctant to force an issue, the result of which might be unsatisfactory. They were in just the state to need prodding. Dr. Clark tells how that timely service was performed. He states, that in the Spring of 1834, three young men came to Toledo-J. Baron Davis and J. W. Fellows, from Troy, New York ; and James Irvine Browne, from Easton, Pennsylvania. The latter, as the agent of the proprietors, started the Toledo Herald, in the Summer of 1834, that being the first paper published in Toledo, and the second in Northwestern Ohio. These three young men, with Dr. Clark, constructed a shanty, in which they lived, keeping " Bachelor's Hall." The building stood near the corner of Summit and Locust Streets. Here they spent a portion of the season of 1834. The Canal bad then been located as far North as Maumee, where it was to be "locked into the River," and the question was whether it should be continued further North. The Engineer in charge of the work, had given as his opinion that the River between that point and Toledo was not navigable for the class of vessels which the trade would demand. Dr. Clark says the Canal location and the boundary question constituted the one absorbing theme of discussion with himself and his associates of the shanty, as with all other residents of Toledo. Under such state of things, Mr. Davis obtained copies of the surveys of the Harris and Fulton lines of boundary.
The Doctor says the two surveys were read and compared, when he remarked that Michigan had the best right-that the Fulton line, running South of the City, seemed to be the proper one. But Davis and the other men contended that the other survey was the correct one. Davis remarked, " Well, it doesn't matter ; we claim that the Northerly line is the boundary between Ohio and the Territory of Michigan. It has been in Congress for a number of years, and they have done nothing with it, and they never will until there is a fuss ; and the only thing that we can do to settle the question, is for us of Port Lawrence and Vistula to declare ourselves under the authority of Ohio, elect our judicial officers, which will arouse Michigan, and there will be war, and we'll get up a stir and interest sufficient to have Congress settle the boundary question. Ohio has thirteen members of Congress ; Michigan is a Territory with little representation, and as Congress is strongly Democratic, we can make it a political question, and shove the thing right through." Davis said this more in the way of a joke than otherwise; but the joke was talked over, until in a few days the discussion became quite a serious matter. A little reflection, however, showed them that the independent action thus proposed for a mere handful of residents, without power or influence, might prove too much for them. The result of their deliberations was, that they would communi-
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cate with Governor Lucas on the subject, and ask him to extend the State's jurisdiction over the disputed territory, by appointing local officers. To this the Governor replied, that he possessed no authority for such action, but he would at its next session call the attention of the Legislature to the matter, which body he had no doubt would take proper action in the premises. This postponed all steps in the case until the next winter, and deferred the earnest hope of the Toledo people for the same time.
A public meeting was held at Toledo in November, 1834, to consider the matter of the boundary question, and more specially to induce such action on the part of Ohio as should assert and maintain her proper jurisdiction over the disputed territory. The prevailing sentiment on that occasion was in that direction, but it was not unanimous. Michigan was not without its supporters there. Among these was Captain Samuel Allen, who gave reasons why he favored the claim of Michigan. He said the geographical position of Toledo identified it in interest with and made it properly a part of Michigan. The Black Swamp, lying at the East and South, practically cut off Toledo from Ohio, with which for many years there could be but little communication. On the other hand, the Town lay immediately on the border of the most improved portion of Michigan, with which it was already in direct communication by water, by Railroad and otherwise. In Michigan, Toledo would become "the pet " of the Territory, and of the State soon to be formed. To such strong points was opposed the single consideration of the Canals then in contemplation, which, as claimed, would come to Toledo if Toledo should be in Ohio, but not, if in Michigan. The thought of permitting the advantages to arise from those improvements to inure to Toledo's rivals-Maumee and Perrysburg-fully overcame Captain Allen's arguments, and controlled the sense of the meeting and its action in support of Ohio's claim.
In accordance with his promise, Governor Lucas called the attention of the Legislature to the importance of prompt measures for assuming jurisdiction over the territory in question, and with such effect, that on the 23d of February, 1835, that body passed a law, asserting the claim of Ohio to all territory South of the Harris line, and a purpose to enforce such claim. It was further provided, "that such part of the territory declared as being attached to the County of Wood, shall be erected into Townships, as follows : Such parts of ranges five and six as lie between the line run due East from the Southern extremity of Lake Michigan and the line run from said Southern extremity to the most Northerly Cape of the Maumee Bay, be and the same is hereby erected into a separate and distinct Township, by the name of Sylvania ; and that all such parts of ranges seven and eight, together with the territory East of the Maumee River as lies between the line run from the Southerly extremity of Lake Michigan to the most Northerly Cape of the Maumee Bay, and between Lake Erie and the line run East from the Southern extremity of Lake Michigan to Lake Erie, be and the same is hereby erected into a separate and distinct Township by the name of Port Lawrence." It was further provided, that elections be held in these Townships on the first Monday of April, following, and the organization of the same be perfected. The same act provided for the appointment of three Commissioners, to run and re-mark the Harris line. Uri Seely, of Geauga County; Jonathan Taylor, of Licking, and John Patterson, of Adams, were appointed for such service, which was to begin April 1, 1835.
These proceedings on the part of the Ohio authorities, of course, did not fail to attract the attention of those of Michigan. The Secretary and Acting Governor of that Territory (Stevens T. Mason) promptly sent to the Legislative Council a special message, apprising that body of what was going on in Ohio, and advising action for defending what was assumed to be Michigan's claim in the case. The Council responded on the 12th of February, in the enactment of a law, providing, " that if any person shall exercise or attempt to exercise any official functions, or shall officiate in any office or situation within any part of the present jurisdiction of this Territory, or within the limits of any of the Counties therein, as at this time organized, by virtue of any commission or authority not derived -from the Territory or under the Government of the United States, every such person so offending, shall, for every such offense, on conviction thereof before any Court of Record, be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor not exceeding five years, or both, at the discretion of the Court." Like penalty was provided for any person who should " accept of any office or trust from any State or authority other than the Government of the United States or the Territory of Michigan." An election of officers for Port Lawrence Township, under authority of Ohio, was held in April, 1835, but the persons then elected did not act as such, for the reason that it would provoke extreme measures on the part of Michigan. The consequence was, that no taxes were levied for that year (1835) within the disputed territory.
This state of things made it important for the residents of the disputed territory to identify themselves with one or the other of the claimants to their allegiance. They were not entirely unanimous on that point, as shown by a letter to Governor Mason from several residents of Toledo. It was as follows
MONROE, March 12, 1835.
To Hon. Stevens T. Mason,
Acting Governor of Michigan Territory
We, the citizens of the Township of Port Lawrence, County of Monroe, Territory of Michigan, conceive
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ourselves (by force of circumstances) in duty bound to apply for a special act of the Legislative Council, authorizing the removal of the place appointed for holding our Township meetings (elections). By a vote of the last Town meeting (1834) our meeting of this year must be held at Toledo, on the Maumee River. We apprehend trouble, and perhaps a riot may be the consequence of thus holding the meeting in the heart of the very hot-bed of disaffection.
We therefore pray your Excellency and the Legislative Council to aid us in our endeavors to keep the peace and sustain our claims to the soil as part of the Territory of Michigan, by an act removing the place for the Town meeting from Toledo to the Schoolhouse on Ten-Mile Creek Prairie, to be held on the day of April, in preference to the usual day and place appointed.
J. V. D. SUTPHEN,
COLEMAN I. KEELER,
CYRUS FISHER,
SAMUEL HEMMENWAY.
Delegates from Port Lawrence to the County Convention at Monroe.
On the 9th of March, 1835, Governor Mason addressed General Joseph W. Brown, in command of the Third . Division of the Michigan Militia, a letter, in which he said
You will perceive that a collision between Ohio and Michigan is now inevitable, and you will therefore be prepared to meet the crisis. The Governor of Ohio has issued a proclamation, but I have neither received it, nor have I been able to learn its tendency. You will use every exertion to obtain the earliest information of the military movements of our adversary, as I shall assume the responsibility of sending you such arms, &c., as may be necessary for your successful operation, without waiting for an order from the Secretary of War, so soon as Ohio is properly in the field. Till then, I am compelled to await the direction of the War Department.
In accordance with these instructions, General Brown issued a letter to the Militia of Michigan, stating that
The crisis anticipated by their Commander-inChief had arrived; that it had become our duty to sustain the executive and the civil authorities on our Southern border, and to protect our soil and laws from the encroachment of a powerful neighboring State, manifestly resolved to violate both. Your services will soon be required in the field. The undersigned is commanded to say, that if there is an officer in the Michigan Militia, who hesitates to stake life, fortune and honor in the struggle now before us, he is required promptly to tender his resignation, in order that his place may be more efficiently filled. The Division Quartermaster of the Third Division (Major Ullman) will forthwith inspect the arms, ammunition and military stores at Tecumseh, Mottville and Niles, and report to the General commanding the Division the amount and condition thereof. He will also cause the whole to be transported immediately from the latter named depots to headquarters at the Village of Monroe. Henry Smith, Esq., is appointed Division Inspector ; Daniel S. Bacon, Esq., Division Paymaster; and Charles Noble, Esq., Aide-de-Camp to the General of the Division.
General Brown's address closed with this stirring appeal:
Fellow-citizens ! A cause which has the sanction of the highest authority in our Nation, as well as the laws of our Territory, must be sustained by us, and will meet the approbation of all in our common country, who respect our institutions and who are capable of appreciating the just claims of the weaker and injured party, when they are sought to be borne down and trampled upon by mere physical force. We cannot submit to invasion of our soil. We are determined to repel with force whatever strength the State of Ohio may attempt to bring into our Territory to sustain her usurpation. and let the consequences which may follow, rest on the guilty heads of those who attempt to deprive us by force of our rightful jurisdiction.
March 31st, Governor Lucas, accompanied by his Military Staff and the Ohio Boundary Commissioners, reached Perrysburg, on their way to re-mark the Harris line as directed by the Legislature. The Governor had made provision for military support in such movement, and General John Bell, of Lower Sandusky (now Fremont), then commanding the Seventeenth Division of Ohio Militia, soon arrived and mustered into service a volunteer force of some 600 men, who went into camp at old Fort Miami, on the West side of the Maumee River, and below Maumee City. The force consisted of five Companies of the First Regiment, Second Brigade, Seventeenth Division, under command of Colonel Matthias Vanfleet. These were commanded by Captain J. Austin Scott, of the Perrysburg Company; Captain Stephen S. Gilbert, of the Maumee Company; Captain John Pettinger, of the Waterville Company; Captain Felton, of the Gilead Company ; and Captain Granville Jones, of the Lucas Guards, a Toledo Independent Company. These numbered about 300 men. With them was part of a Regiment from Sandusky County, commanded by Colonel Lewis Jennings; and a fractional Regiment, from Seneca and Hancock Counties, commanded by Colonel Henry C. Brish, of Tiffin.
To the address of Willard V. Way, Esq., of Perrysburg, delivered before the River Raisin (Michigan) Historical Society in 1867, the writer is indebted for many valuable facts in this connection. He gives an amusing account of the recruiting of Captain Scott's Company, as follows
It so happened that at the time of Governor Lucas's arrival and demand for military support, Judge David Higgins was holding Court at Perrysburg. Captain Scott had employed a vigorous drummer, named Odle, for the purpose of awakening the requisite spirit of patriotism among the men of the place. Accompanied by a man carrying the National flag, Odle marched up and down the street, beating his drum with incessant vigor. On his route was the Courthouse, and Judge Higgins finally became so far annoyed by the noise, that he ordered the Sheriff to stop it. That officer went to Odle, and told him of the order of the Court, when the drummer replied, that he was under orders and pay from Captain Scott to " drum for recruits for the War "-that he considered it to be his duty to obey the military authority, and he should not stop until he became assured that "the Court had more authority than had Captain Scott," meantime not slacking his beating. The Sheriff made report, when Judge Higgins ordered the Sheriff to
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arrest Odle for contempt and summon Captain Scott. Both of them soon appeared, when the Captain informed the Court that Odle was beating the drum under his orders, he (Captain Scott) having received orders from Colonel Vanfleet to employ music in recruiting. He further stated that Governor Lucas, who was then stopping at Spafford's Exchange, had sanctioned such action, and he should continue the music until ordered to the contrary by Colonel Vanfleet or the Governor. Judge Higgins, not satisfied with this explanation, directed the Sheriff to take both Captain Scott and Odle to jail; and the Prosecuting Attorney to prepare papers against them for contempt. The Sheriff (Jonas Pratt) accompanied his prisoners down stairs, on the way to the log-jail in rear of the Court-house. On reaching the ground, Captain Scott informed the Sheriff that " the interests of the State could not be sacrificed to gratify the assumed authority of Judge Higgins "that " in the emergency of War, with the State invaded by an enemy, the military authority was paramount to civil authority--that tough he regretted to disturb the proceedings of the Court, he could not consent to the enforcement of its order in his case." He then gave the Sheriff to understand that if he insisted on taking them to jail, he would " declare martial law, and do with him and Judge Higgins as General Jackson did with Judge Hall at New Orleans-put both under arrest." These proceedings excited the deepest feeling among the bystanders, who sympathized with the prisoners. The Sheriff at once reported progress to the Court, but the Judge made no reply, but continued the case in hand. Odle at once renewed his drumming, and not long thereafter Judge Higgins sent to Captain Scott a request that the drummer remove to some other street, where he would not interfere with the Court. The effect of these proceedings was greatly to promote the enlistment of recruits, as well as the personal popularity of Capt. Scott, whose Company was very soon made up. The Captain is now (1887) a resident of Ann Arbor, Michigan.
Governor Mason, with General Brown, reached Toledo with a force variously estimated at from 800 to 1,200, about the time Governor Lucas appeared at Perrysburg, and there awaited a movement from the enemy. General Brown's staff consisted of Captain Henry Smith, of Monroe, Inspector ; Major J. J. Ullman, of Constantine, Quartermaster ; Wm. E. Boardman, of Detroit, and Alpheus Felch, of Monroe (afterward Governor of Michigan), as Aidesde-Camp. Thus were the two Commanders-inChief brought almost face to face in hostile array. The condition of excitement throughout the entire region was most intense. The active partisans of the antagonists were daily growing more belligerent and threatening, while others stood appalled with a sense of impending bloodshed.
In support of the Michigan claim in the boundary question, it has been alleged, or it was at the time, that the residents of the disputed territory were substantially unanimous against Ohio. Andrew Palmer states that in a conversation between himself and Lucius Lyon, then the Delegate in Congress from Michigan, which occurred in October, 1834, the latter gentleman said it was understood that such was the sentiment of the people referred to, who wished to remain under the jurisdiction of Michigan. Mr. Palmer assured Mr. Lyon that he was mistaken on that point, and pledged himself to justify such view by an expression of the people in question at the following session of Congress. In pursuance of such pledge, Mr. Palmer called a meeting of citizens at the house of W. P. Daniels, Toledo, for November 1, 1834. This meeting was held, Henry Phillips acting as Chairman, and George McKay as Secretary. Mr. Palmer stated the understanding of Mr. Lyon, and presented his own views, when resolutions were unanimously adopted strongly favoring the claims of Ohio. A Committee (of which Mr. Palmer was the Chairman) was appointed to prepare a memorial to Congress, to be reported at an adjourned meeting. At the second meeting the memorial was submitted, unanimously adopted, signed by those present, and afterwards circulated throughout the disputed territory, receiving with rare exceptions, the names of all persons who could be reached. That paper was forwarded to the Ohio members, by whom it was presented to Congress. Mr. Palmer states that a second expression of views by residents of the same territory was made at a meeting held February 28, 1835, at the house of S. L. and M. L. Collins, Tremainesville. This occasion was invested with special interest by the uninvited presence of what was known as an " Expostulating Committee," consisting of civil and military officers sent from Monroe, whose chief mission consisted of reading to the meeting official orders from Governor Mason to General J. W. Brown, under date of February 19, 1835, stating the purpose of the Governor to enforce, by military power if necessary, the jurisdiction of Michigan over the disputed district, and especially to arrest and punish all persons who should attempt to exercise therein official authority of the State of Ohio. It appears that the meeting, which consisted of 300 citizens, by resolution refused Governor Mason's " Committee " of officials a hearing, which action was regarded as special discourtesy to the Michigan authorities. In their report the visitors expressed their " firm conviction that a large portion of the inhabitants on the disputed ground were fully prepared and determined to resist further operation of Michigan authority in the district," and on that ground, they thought the time bad come for vigorous means for enforcing such authority there. These facts seem to show pretty clearly, that the sentiment of the district was overwhelmingly for Ohio. Had Governor Mason believed that the opposite feeling prevailed there, he would have left the citizens to an expression of their views, without sending an "Expostulating Committee" of officials, to intimidate them with threats of military force and imprisonment.
Another meeting was held April 10, 1835, at the house of J. Baron Davis, in Toledo, to take into consideration steps for the protection of
296 - HISTORY OF TOLEDO AND LUCAS COUNTY.
citizens from lawless aggression and violence. After discussion, it was resolved, to " appoint a Committee to wait upon Governor Lucas and ascertain how far the citizens of this Town may rely upon the protection of the State, in defending their rights, and to consult and concert such measures as may be proper and expedient." It was further resolved, that such Committee consist of such officers, as, under the penal enactments of Michigan, had rendered themselves liable to the laws of that Territory. Of this meeting John Baldwin was Chairman, and Baxter Bowman Secretary. Throughout the Spring and Summer Toledo was the renter for incessant excitement, greatly stimulated by frequent incursions of Michigan officers in pursuit of citizens holding office under Ohio authority or otherwise recognizing the same. Arrests made were almost wholly of Ohio adherents. Attempts were made by Wood County officers to capture adherents of Michigan, but in some way they got information of such purpose and kept out of sight. Major Stickney, Judge Wilson, George McKay and other active partisans of Ohio were taken to Monroe, the particulars of some of which cases were more ludicrous than serious. Thus, Major Stickney, when arrested, resisted fiercely, being actively assisted by his family, until overpowered.
The following letter from Major B. F. Stickney to the Editor of the Toledo Gazette, states the facts of this visitation from Monroe
MAUMEE, April 13, 1835.
Mr. J. IRVINE BROWNE : To satisfy at once the numerous inquiries in relation to the outrages committed under the authority of the Territory of Michigan against the people of Toledo, I make this communication. On the night of the 8th instant, being absent from my residence in Toledo about 30 miles feeling the utmost security for the safety of my family-on the morning of the 9th, then on my return home, I was met by some gentlemen some 14 miles from Toledo, with the intelligence that a band of ruffians of 30 or more, had at dead of night come to my house from Monroe, and in a ferocious manner demolished the door leading to the principal avenue of my house and seized a gentleman (Mr. Naaman Goodsell), bore him off and treated his lady and daughter (the only females in the house), with brutish violence, notwithstanding I had exhorted all to exercise moderation. But when I arrived at the scene of action, and the females showed me their wounds and related the tale of their sufferings, and I examined the demolished door of my house, bearing evidence of inhuman malignity, it became a question whether moderation was longer a virtue. When my daughter gave out the cry of " murder," she was seized by the throat and shaken with monstrous violence, and the prints of a man's hand in purple were strongly marked, with many other contusions. Mrs. Goodsell exhibited marks of violence also. This Michigan banditti proceeded likewise to the sleeping apartment of another gentleman (Mr.George McKay), burst in the door, seizing him in bed ; and as the first salutation, one of the villains attempted to gouge out one of his eyes with a thumb. These gentlemen report that the intention of the gang was put in requisition to put their lives in danger, and by their indignities to keep their feelings on the rack. After two days of Court-mockery at Monroe, these gentlemen were admitted to bail.
On the 10th, it was reported that an armed force was assembling under General Brown, to march to Toledo, and take as prisoners such as accepted office under Ohio (about a dozen). On the 11th, they arrived in force, about 200 strong, armed with muskets and bayonets. The officers of Ohio having been lulled into security by assurances of the Commissioners of the United States (Messrs. Rush and Howard), were not prepared for defense, and retired, giving them full space for the display of their gasconading, which was exhibited in pulling down the flag of Ohio, and dragging it through the streets at the tail of a horse, with other similar acts.
Cyrus Holloway, of Sylvania Township (one of the first Commissioners of Lucas County), a very good man, was elected Justice of the Peace, under the laws of Ohio, and with others was spotted for vengeance. Apprehending that Michigan officers were after him, he took to the woods, hiding for several days in a sugar-camp shanty. He being a pious man, some of his partisan friends, fond of the marvelous, reported that Providence had wrought a miracle in his behalf; that little robins daily went to his house, there got food and took it to him during his seclusion in the forest. Many believed this, and accepted it as strong proof of the justness of the claim of Ohio to the disputed territory. The miraculous part of the story had a very slight foundation, in the fact, that Mr. Holloway's children, who daily carried food to their father, had a pet robin, and usually took it with them on such visits ; hence, the robin-story.
A letter from one of the Ohio Commissioners to run the boundary line, and dated at Defiance, April 16, 1835, contained the following:
Our party are in motion. The advance have gone on to reconnoitre and bring news. Our baggage wagons came up to this place this morning. The bad state of the roads impedes our progress very much, but the business is being pushed as fast as possible, and we shall be on the line in a day or two.
The outrages committed on Toledoans by General Brown's troops are unparalleled in civil communities. Houses have been broken open in the night time, our citizens carried off, and women abused. The Commissioners running the line are threatened with outrage. Women are dragged off on false pretenses to Monroe by their Sheriff, &c. In view of all this, the Governor has issued his orders to Major-General John Bell, to raise an armed force of 500 men forthwith ; and General Bell left this morning for that purpose. Prompt and efficient measures will be pursued until this question is settled. Ohio is right and cannot retract. I am for Ohio against the field. The Governor will remain with us until this business assumes a different aspect. The United States Commissioners, now at Monroe, dispatched a message to Washington City a few days since, we suppose to inform the President of the course pursued by Governor Mason. This Governor Mason has disregarded the positive instructions he received from Washington, which were in no case to resort to arms.
This condition of mixture was not confined to the disputed territory. The Toledo Gazette of March 12 1835, had an editorial article strongly criticising the Perrysburg paper (the Miami of the Lake, J. H. McBride, publisher), for its alleged disloyalty to Ohio. It was stated that the Perrysburg editor " went so far in his Toryism as to exclude from his paper the
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action of the Ohio Legislature, on the question of boundary, in order to make room for the blustering and threatening military orders fulminated against Ohio by the Acting Governor and military chiefs of' Michigan ! " The Gazette then said
We have heard it asserted, that the citizens of Perrysburg were willing to sacrifice the interests of Ohio-by whose public improvement, if their Village ever becomes important, it must be built up- to promote their own interests; but we did not suppose that their print would put at defiance the public authorities and the public sentiment of the State, just before the location of the Canal. But if the respectable citizens of that place do intend to resist Michigan in her contest with Ohio, it is but fair that the newspaper which they support should show their flag, in order that the true-hearted sons of Ohio may know, as well who are traitors within their bosom as who are their opponents beyond their borders.
Governor Lucas having undertaken the performance of definite action in running the line, the onus of initiating the proceedings devolved upon him. It was understood that he was about to order General Bell to march to Toledo, and to take the consequences of such a step, when Richard Rush of Philadelphia, and Colonel Howard of Baltimore, arrived, as Special Commissioners from President Jackson, with instructions to use their influence to stay warlike proceedings. Elisha Whittlesoy, then a member of Congress from Ohio, accompanied the Commissioners, in the voluntary capacity of peace-maker. These gentlemen had several conferences with the two Governors, the result of which was the submission of the following propositions for their assent, to wit: 1. That the Harris line be re-marked without interruption, in accordance with the act of the Ohio Legislature. 2. That the civil elections under the laws of Ohio having taken place throughout the disputed territory, the people residing upon it should be left to their choice of government, obeying the one jurisdiction or the other, as they might prefer, without molestation from the authorities of Ohio or Michigan until the close of the next session of Congress. Governor Mason refused to accept these propositions, insisting that he could not honorably compromise the rights of his people by a surrender of possession of the disputed territory. Governor Lucas finally accepted the plan of adjustment, holding that he was dealing wholly with the National authorities, and not with the irresponsible Executive of a Territory, and hence properly could assent to the terms proposed in the President's behalf, whatever might be done by Governor Mason. He then disbanded his military force. Governor Mason did the same to a large extent.
Governor Lucas now proceeded with his arrangements for re-marking the Harris line. S. Dodge, an Engineer on the Ohio Canal, was employed for that purpose. From Maumee, April 11, 1835, he wrote Samuel Forrer, one of the Ohio Canal Commissioners, as to the situation. He said that it was evident that there would be trouble, in case such attempt be made. He said
We shall start to-morrow for the Northwestern corner of the State ; and the next you hear from me, I shall probably inform you that I am at Monroe, the headquarters of General Brown. He was yesterday at Toledo, at the head of the Sheriff's posse of 100 armed men. They came for the purpose of arresting those who have accepted office under the State of Ohio. He informed me that any attempt to run the line would be resisted by the whole force of the Territory-that they had 300 men underarms at Monroe, and 600 more would soon be there-that they have 1,500 stands of arms, taken from the United States arsenal at White Pigeon-that they did not mean to be rode over, rough shod, by Ohio. I told him the line would certainly be run. The Governor of Ohio started on the 8th for Defiance, and is entirely unprepared to meet the forces of Michigan. Our party consists of 15 or 20 unarmed men ; and if we proceed we shall certainly be made prisoners, there not being a sufficient number to prevent surprise. I think the survey will be delayed.
The legal status of the case was referred by the President to Attorney-General Butler, who gave as his opinion, that the action of Ohio, in extending its jurisdiction North of the boundary (Fulton) line of Michigan, as established by Congress in 1805, was in violation of the laws of the United States ; but that the mere act of re-marking the Harris line, would not be such violation. At the same time he decided that the act of the Michigan Council, prohibiting with penalty the exercise of authority North of the Fulton line, was valid and would remain so until annulled by Congress.
Under such state of facts, the Ohio Commissioners proceeded with the survey, beginning at the Northwest corner of the State. From Perrysburg, May 1st, they made their first and only report to Governor Lucas, in which they stated, that in pursuance of instructions, they had proceeded to the Northwest corner of the State, whence they moved Eastwardly along the Harris line, and re-marked the same, as directed, to the distance of 38 1/2 miles, or more than half its length. During their progress, they were constantly threatened by Michigan authorities and watched by spies in their employ. On Saturday, April 25th, after a hard day's service, they, with their party, retired one mile South of the line in Henry County, to enjoy the blessings of the Sabbath." Contrary to their expectations, at about 12 o'clock of that day, an armed force of 50 or 60 men hove in sight, within musket shot, all mounted, and well armed with muskets, and under command of General Brown. Observing the superiority in force, and having but five armed men in their party, the Commissioners thought it best to retire, and so advised their men. They made good their retreat to Perrysburg. " But, sir," says the report, "we are under the painful necessity of relating that
298 - HISTORY OF TOLEDO AND LUCAS COUNTY.
nine of our men, who did not leave the ground in time, after being fired upon, from 30 to 50 shots, were taken prisoners, and carried away into the interior of the country." They were Colonels Hawkins, Scott and Gould; Major Rice, Capt. Biggerstaff, and Messrs. Ellsworth, Fletcher, Moale and Rickets. They state that their party did not fire a gun in return, and that no one was wounded, although a ball passed through the clothing of one of their men. "Under existing circumstances and in the threatening attitude of affairs," the Commissioners " thought it prudent for the interest of the State, as also for the safety of her citizens, and to prevent threatened bloodshed, to withdraw from the line, and suspend further prosecution of the work until some efficient preparatory measures can be taken which will insure the completion of the undertaking."
This report having been sent to the Governor and by him to the President, the latter forwarded the same to Governor Mason, who requested Under-Sheriff Wm. McNair, the arresting officer, to furnish his statement of the case. This he did, under date of June 17, 1835. He said
On Saturday, April 25th, I received, as Under Sheriff of this County, from Mr. Justice C. Hewitt, the within warrant from the affidavit of Mr. Judson. From the best information I could obtain I was satisfied the warrants could not be served without assistance. I therefore mustered about 30 men in the Village of Adrian and armed them with muskets. Early the next morning I started, intending to overtake and arrest the Ohio Commissioners and their party. About noon we came up with them, encamped in a small field (owned by one Phillips), seven miles within our Territory. When I arrived within one-half mile of the Ohio party, I left my assistants under the charge of a Deputy-Sheriff, and accompanied by S. Blanchard, Esq., 1 went forward in order to make the arrest in as peaceable a manner as possible. On arriving at the camp, I enquired for Messrs. Seeley, Taylor and Patterson, the Commissioners, and was told that they had stepped out, and would be in in a few minutes. While I was waiting for my party to come up, and the Commissioners to return, my party came in sight. Colonel Hawkins observed, "Our friends are coming (meaning my escort), and we must be prepared for them." Then eight or ten of the Ohio party armed themselves with rifles and loaded them in my presence. In a few moments my friends came up and I found the Commissioners had gone-not to return. I then commenced arresting the armed party, consisting of Colonels Hawkins, Scott, Gould and Fletcher, and Major Rice, Captain Biggerstaff and Messrs. Ellsworth, Moale and Ricketts. After arresting Colonel Hawkins, who had in his band a large horseman's pistol and another in his pocket, both loaded, the balance of the party took a position in a log-house and barricaded the door. When I approached with my party within eight rods of the house, they all came out, except Colonel Fletcher, and as I approached them to make arrest, some of them cocked their rifles and directed me to stand off, for they would not be taken. As I continued to advance upon them, four of the party turned and ran into the woods. A few muskets were then fired over their heads, and a rush made after them. They were pursued about thirty rods in the woods, when they were all arrested. The report of a man having a ball pass through his clothes, is a mistake. * * The nine persons arrested were brought to Tecumseh, before C. Hewitt, Esq., and they were discharged, for want of sufficient testimony. Six gave bail to appear at the next Circuit Court, and one (Fletcher) refused to give bail, as he says, by direction of Governor Lucas, and is now in custody of the jailor, who permits him to go at large, on his parole of honor. I consider it my duty further to state, that the charge that the Ohio officers were arrested by a military party under General Brown, is not true. He accompanied me as a citizen of Michigan without official position, and the whole movement was merely a civil operation under the Sheriff of the County, to sustain the laws of Michigan. There has been no call on the military of Michigan to my knowledge, connected with the Ohio transaction. And I am happy also to inform your Excellency, that the Commissioners made good time on foot, through the Cottonwood Swamp, and arrived at Perrysburg the next morning, 'with nothing more serious than the loss of hats and clothing, like Governor Marcy's breeches without the "patch."
The Miami of the Lake (Perrysburg), of April 27, 1835, had the following in regard to the affair on the border
General Taylor arrived this morning from the disputed territory, with the intelligence that an attack had actually been made by the Michigan troops upon the Ohio Commissioners while upon the line. The facts, as near as we can learn, are these : On the 26th instant (Sunday), while the Commissioners were encamped upon the line, which they had the day previous been running, a party of the Michigan troops appeared in sight, when the Commissioners left their encampment and fled, but heard six or eight rifle shots exchanged between the guard accompanying the Commissioners and the Michigan troops. Governor Lucas has dispatched a Surgeon and Assistant to the scene of action, to take care of the wounded, in case there be any, and the result of the engagement will probably be known before this paper goes to press. The scene of the action is about 30 miles from this place, and 10 or 15 miles Southwest from Adrian, Michigan.
In the same issue, and under date of April 28th, is this later statement:
Another messenger has reached us, announcing the capture of a portion of the guards who accompanied the Ohio Commissioners while engaged in running line. The last intelligence has dissipated the idea of blood having been spilled. The capture, we learn, was accomplished without much resistance, and but one slight wound, in the arm. The number reported taken is eight. We are happy in being able to say, that so far the War has been a bloodless one; but we now fear it will end in a bloody and cruel conflict. We have been, from the beginning, laboring to preserve the public mind free from excitement or passion, and have, up to the present moment, entertained the opinion that the difficulty would be arranged without forcing our honest and industrious citizens to shed each other's blood ; but we now acknowledge that we can have little hope for the rule of reason, in case our populace be actuated by the same degree of heated blood as some of our rulers.
Messrs. Seely and Patterson (Ohio Commissioners), while the above transactions were being enacted, remained in the forest unobserved, until the Michigan forces retired ; upon which some of their friends brought them their horses, and they made their way to this place, where they now are, awaiting further orders from the Governor. The greater por-
OHIO AND MICHIGAN BOUNDARY. - 299
tion of the above particulars we receive from Mr. Seely, in whose statements the fullest reliance may be placed. The Sandusky County Light Horse troops have returned, and we believe hostilities have ceased for the present-awaiting an expected express from the General Government. This report we are inclined to believe, and shall rejoice at its confirmation, as matters here begin to wear an imposing aspect.
In a letter, dated Tecumseh Jail, May 5th, Mr. J. E. Fletcher wrote Governor Lucas, setting forth the circumstances of his arrest and imprisonment, as one of the surveying party. He speaks of being well treated, and attributes the same to the interposition of Governor Mason and General Brown-chiefly the latter. Mr. Fletcher was the one referred to by Sheriff' McNair, as refusing to accept bail. He dined with the Governor at General Brown's, when both urged him to accept bail. His reply was, that the right to demand bail, was the one question at issue. Governor Mason expressed himself as very anxious that the difficulties might be settled without further hostilities, to which suggestion General Brown made no response, Mr. Fletcher attributing the fact to a desire on the General's part to have the contest go, in order that he might therein gain distinction. At one time, the Sheriff expressed regret that the Ohio party were fired upon, when General Brown replied that " it was the best thing that was done ; that he did not hesitate to say, that he gave the order to fire." The Sheriff confessed to having acted under Brown's directions. Governor Mason expressed his determination to prevent the running of the line, at all hazards. He said, that in case of an emergency, he relied for assistance and protection on the President.
With the circumstances thus detailed, ended the attempt to survey the Harris line, and left Ohio's case not materially advanced. So viewing the situation, Governor Lucas convened the Legislature in extra session, June 8, 1835, when was passed an act " to prevent the forcible abduction of citizens of Ohio," the object being to counteract the legislation of the Michigan Council. The most important action of that session, however, was the erection of the County of Lucas, from territory taken from the North part of Wood County, with the disputed territory North of it, and a portion of the Northwest corner of Sandusky County. The County was attached to the Second Judicial Circuit (Judge Higgins presiding), and Toledo made the temporary County-seat. A term of Court of Common Pleas was directed to be held there on the first Monday in September following, at any convenient house.
At the same session, the Ohio Legislature passed an act conditionally accepting the proposition made by Commissioners Rush and Howard. After a preamble reciting features of the case, the law provided-1st, that the Governor be requested to comply with the terms of the arrangement entered into on the 7th of April, at the suggestion of Messrs. Rush and Howard ; and if the terms of such agreement shall be faithfully regarded by the United States, and all proceedings of the Michigan authorities against citizens of Ohio be annulled, then the laws of Ohio inconsistent with such arrangement with Rush and Howard, should be suspended until the close of the next session of Congress. But should the United States, meantime, or any authorities acting under the United States, do anything inconsistent with said arrangement, or the criminal proceedings in Michigan not be annulled, then this act to be void. The Governor was directed, in case the terms of said arrangement should be violated, to issue his proclamation declaring such to be the fact. At that session the sum of $300,000 was appropriated for carrying into effect the measures adopted for enforcing Ohio's claims against the interference by Michigan authorities and citizens. This bill passed the Senate by a vote of 26 yeas, to 7 nays; and the House by a vote of 41 to 26. The bill to erect the County of Lucas passed the House, 41 to 26 ; and the Senate without a division. The minority in each House preferred to submit the entire question, as it then stood, to the action of Congress. The Legislature adjourned on the 20th of June, after a session of 13 days. There was throughout a division of sentiment as to the policy to be pursued, though not as to the rights of Ohio in the case. The expenses incurred by the session amounted to $6,823.30.
Dr. Naaman Goodsell, under date of May 23, 1835, informed Governor Lucas of his abduction April 8th, by a Michigan force. He says they appeared at his house about 2 o'clock A. M., demanding admittance, which he refused. They finally forced an entrance; overcame him by force; roughly treated him and his wife ; made him their prisoner, and took him into the woods, where he was mounted on a horse and started for Monroe. He was insolently treated, and made to ride a horse without a bridle. The horse being driven from behind, became frightened and ran until the Doctor ,jumped from him. He was held at Monroe until the next day, and then allowed to return. George McKay went to Monroe as prisoner at the same time with Dr. Goodsell. McKay's person had marks of violence, and he was compelled to ride with his feet tied under the horse. One of the arresting party told Dr. Goodsell that he volunteered to go to Toledo, to gratify a grudge he had against McKay.
Dr. Goodsell, in a letter dated Perrysburg, July 19, 1835, reports to Governor Lucas the circumstances of his escape from arrest by the Michigan force of 300 or 400 men. He and George McKay started together, but being pursued, they separated, McKay having the fastest horse. Dr. Goodsell's horse not warranting such reliance for escape, he dismounted, tied his horse, and " placed his back against a tree, determined to await the assault," but their whole attention being directed to McKay, he (Goodsell) was enabled to escape, after standing by the tree for an hour. He crossed the river in a canoe, remaining there all night. His horse was brought to him next morning,
300 - HISTORY OF TOLEDO AND LUCAS COUNTY.
when he made his way to Perrysburg. The Doctor said he should endeavor to remove his family from Toledo, but not to Perrysburg, " as the actions of most of the people there seemed to say,' We rejoice in your troubles.'" He said the loyal citizens of Toledo were "getting discouraged-having no arms, nor succor sent them, which they construed into neglect." He endeavored to cheer them, but it was "difficult to comfort them. The continual harassing, together with the frowns of our neighbors [referring to neighboring Towns], are surely hard things to bear up against. He promised to write again as soon as he found a resting place.
Local affairs at that time continued in a thoroughly mixed state. Thus, we find (1), that the Toledo Gazette was published at " Toledo, Wood County, Ohio;" (2) that in that paper was an administrator's notice of "the estate of John Babcock, late of Toledo, in the County of Monroe;" (3) notice of a writ of attachment issued at Tremainesville, by Baxter Bowman, " a Justice of the Peace of the Territory of Michigan, County of Monroe, Township of Port Lawrence ;" and (4) the notice of Fanny L. Allen, Administratrix of the estate of Seneca Allen, under authority of the Probate Court of "Monroe County, Territory of Michigan." In the same paper (of March 12, 1835), appears the message of Governor Lucas to the Ohio Legislature, calling for action in support of that State's claim to this locality, and the resolutions of that body claiming such dominion , and also, the proclamation of Governor Mason, setting forth the claim of Michigan to the same, and declaring his purpose to maintain the same at every and any hazard ; with the stirring appeal of General Brown, already mentioned.
In June, 1835, Governor Lucas sent Noah H. Swayne, William Allen and David T. Disney, to confer with President Jackson on the subject of the existing troubles. These gentlemen, under date of July 1st, addressed Secretary of State Forsyth, in a letter setting forth the case, as viewed by the Ohio authorities. They referred to an interview held with the President, in which they asked that a temporary adjustment be had, under which the Harris line might be run without molestation ; and the prosecution of Ohio citizens by Michigan authorities be suspended, which request the President favored. The Secretary, in his reply, stated that the President had determined to use his influence toward effecting the arrangement asked by Ohio, in order that matters remain quiet until Congress have time to act.
The only blood shed in this " War " so far authenticated as safely to be made history, attended the attempt of Deputy-Sheriff Joseph Wood, of Monroe County, to arrest Two Stickney, July 15, 1835, the particulars of which event are given in an affidavit made by Lyman Hurd, a Constable of Monroe County, who accompanied the Deputy-Sheriff to Toledo, for the purpose of arresting George McKay, a prominent Ohio partisan, and said Stickney. Mr. Hurd stated that he and Wood went into the hotel of J. Baron Davis, where they found Stickney and McKay. Hurd attempted to arrest McKay, when be sprang, caught a chair and told Hurd unless he desisted he would split him down. Hurd then saw that McKay had a dirk in his hand. At the same time Wood made the attempt to arrest Stickney, laying his hand on Stickney's shoulder, when a scuffle ensued, during which Stickney drew a dirk and stabbed Wood in the left side, exclaiming, "There, damn you, you have got it now." Wood then let go of Stickney and put his hand on his side and went to the door, saying he was stabbed. A physician* (Dr. Jacob Clark) was then called to examine Wood. When Wood told Stickney he had a precept. for him, the latter asked whether it was from Ohio or from Michigan, declaring that he would not be taken on a Michigan writ ; but if it was under Ohio he would go. Mr. Hurd says he was advised, for his own safety, to leave the place, which he did without arresting McKay.
The effect of this transaction was greatly to inflame the passions of the Michigan authorities. The Toledo Gazette, in an extra sheet dated July 20th, reported proceedings resulting from the events above named, as follows:
"We have barely type and materials enough saved from the outrages we are about to relate, to lay the particulars before the public." The account then goes on to state, that on July 17th, a body of 250 armed men, headed by the Sheriff of Monroe County, Michigan, reached Toledo for the ostensible purpose of serving civil processes upon residents. They bore muskets with bayonets, and after arresting seven or eight persons, including B. F. Stickney and George McKay, they proceeded to the office of the Gazette and at once began an attack upon the printing press, making their entrance by splitting down the door, which was found locked. Much damage was done to the materials-knocking down the type prepared for the next issue of the paper and throwing it into con
* In recently speaking of the case referred to, Dr. Clark said he found Wood's pulse scarcely perceptible, he being very weak. At first the case seemed precarious, but he soon rallied. The knife had cut an oblique gash about four inches long, but had not penetrated the lungs. The patient was much astonished to learn that he was not mortally injured. Dr. Clark gave directions in the case and left him. But Wood was not satisfied, suspecting that Dr. Clark's Ohio proclivities had made him indifferent to the case. Hence he sent to Monroe for a Surgeon, when Dr. Southard came, examined the wound, and sustained all that Dr. Clark had said of the case. At 9 the next morning, Wood started for Monroe. In the treatment of this case, Dr. Clark became the only practical Surgeon on either side of the contest-a position to which his part in the incipiency of the trouble entitled him. Stickney, after stabbing Wood, fled to the interior of Ohio, where he was protected by Governor Lucas, who refused to surrender him on requisition, for the reason that if crime had been committed by Stickney, it was done within the State of Ohio.
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fusion-a condition known to Printers as " pi." No resistance could be offered to so large a force, as many residents made odious to the Michigan force by their outspoken expression and free action, had withdrawn from the Town to avoid arrest. After committing other violence and insulting women, the force withdrew to Monroe with their captives, who were thrown into prison at that place. Acting Governor Mason was said to have been at Monroe at the time of this visitation, and directed the same.
The Gazette understood the orders of the force, as declared by its leaders, to proceed to Toledo, to take as prisoners all who were in any way implicated in denying the jurisdiction of Michigan over Toledo ; and in case of serious resistance, to burn and destroy the Town, and fire upon the first man who undertook to oppose them. The character of the party was said to favor the execution of such plan. The occasion for such proceedings was said to have grown out of a personal difficulty between a stranger named Odel I, and a man named Clark from Monroe, in which, as alleged, Clark, acting through one Smith, a hotel-keeper and a Justice of the Peace of' Michigan appointment, undertook to get possession of Odell's team without paying for it. The case was such as to excite the citizens of Toledo to steps to prevent such action, and to warn Clark to leave the Town, and Smith not to again attempt the exercise of his office there.
July 20th, Judge Higgins, from Perrysburg, wrote Governor Lucas in regard to the holding of Court at Toledo, in September, under the law erecting the County of Lucas. He said that, while ready to undertake such service, without regard to " personal consequences," he still should "feel acutely, as would every citizen of Ohio, the disgrace of capture and abduction by a Michigan mob, of a branch of the Judiciary of the State, while actually engaged in the performance of judicial functions." The Judge raised the point, whether or not the condition of things would not warrant the Governor in sending to Toledo a force sufficient to protect the Court when it should meet.
July 29th, Governor Lucas wrote the Ohio Commissioners, informing them of the arrangement with the President, under which the remarking of the Harris line was to be completed, and that the work would commence September 1st. He further advised them that he had sent "225 rifles and 61 muskets and equipments to Fort Miami (Lucas County), and would send more soon," sufficient for the protection of the civil authorities in that County. They would be placed under control of the Court. He said he would watch proceedings and take measures to protect the Court from insult, and the Commissioners while running the line.
Notwithstanding the specific arrangement of July 3d, made between Ohio and President Jackson for the completion of the survey and the suspension of aggressive action by Michigan, Acting-Governor Mason disregarded such agreement, and continued arrests, as already stated. For such reason, Secretary of State Forsyth wrote Governor Mason, stating that his zeal in behalf of Michigan had overcome his prudence, and he had been superseded by the appointment of Charles Shaler of Pennsylvania, as Secretary of the Territory. The same day a letter was sent to Mr. Shaler, notifying him of such appointment, and setting forth the position of the President on the boundary question. He stated that from the first it had been the President's opinion, " that without further legislation by Congress, the country in dispute was to be considered as forming, legally, a part of the Territory of Michigan ; and that the ordinary and usual jurisdiction over it should be exercised by Michigan. He had never admitted the right set up by Ohio." Further, he said the President had repeatedly and distinctly stated "what his duty would compel him to do, in the event of an attempt on the part of Ohio to sustain her jurisdiction over the disputed territory by force of arms." He had with regret and surprise noticed that Governor Mason had assumed that he (the President) had approved the claim of Ohio. "An acknowledgment of the right and the temporary arrangement to avoid the danger of a hostile collision," was, in the President's view, " in no respect inconsistent with the obligations of the constitution and laws." The Secretary said the President "had seen with regret, the recent outrages committed at Toledo on officers of justice who attempted to execute process under authority of Michigan," and he " recommended that the offenders who resisted and wounded a civil officer (Deputy Sheriff Wood) in the execution of his duty, and had fled from the Territory, should be promptly demanded from the Executive of any State in which they may have taken refuge."
August 29th, Secretary Forsyth also wrote Governor Lucas, enclosing copies of his letters to Governor Mason and Mr. Shaler, and expressing the hope that the spirit shown by the President in those letters would be " met by measures dictated by the same spirit on the part of Governor Lucas. "As it is apparent," said the Secretary, " from the recent presentment of the grand jury of Wood County, that the inhabitants of Toledo have declined, at present, the jurisdiction of Ohio, the President hopes no attempt will be made now to exercise it within the disputed territory." It was stated that the claim of Ohio having been publicly put forth in the face of the country, the omission to enforce it, while awaiting the action of Congress, " could not be considered as weakening any just foundation on which it might rest."
The action of the Wood County grand jury referred to by Secretary Forsyth, consisted simply in examining witnesses sent before them who testified that individuals had been elected to office in Toledo under the laws of
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Michigan and performed official duties in disregard of the laws of Ohio. Other criminal acts were shown. In view of the fact that Toledo had been set off as part of the new County of Lucas, whose Court was to meet in September, and as the alleged offenses were committed after the erection of said County, the jury declined action in the premises.
August 7, 1835, Adjutant-General S. C. Andrews issued an order to Commandants of Divisions throughout Ohio, for them to report at once " what numbers of Cavalry and Mounted Riflemen would be willing to march at a moment's warning, to aid in defending our Northern frontier." The order was of " a confidential character." Previous to such order, spontaneous offers had been made of men to the number of 2,340, but were not wanted, being chiefly Infantry and Riflemen. In a short time 13 Divisions reported 10,021 as ready to respond to a call, of whom 5,835 were mounted men, and 4,186 Infantry and Riflemen. The total offers were 12,361. In several instances, the Commandants were confident the numbers named might readily be greatly increased.
This action on the part of the Ohio authorities, naturally led those of Michigan to counter-action. Thus, the Detroit Free Press of August 26, 1835, had the following items:
THE OHIO CONTROVERSY.-The Legislative Council yesterday had this subject under consideration. They have made an appropriation of $315,000, to meet any emergency which may arise, and we learn that every arrangement will be made to afford a warm reception to any portion of the " million " of Ohio, that may visit our borders. Michigan defends her soil and her rights, and we would wish our fellow-citizens of Ohio to recollect that "thrice armed is he who hath his quarrel just."
WAR ! WAR! !-Orders have been issued for volunteers to rendezvous at Mulholland's, in the County of Monroe, on the 1st of September next, for the purpose of resisting the military encroachments of Ohio. The Territory, it is expected, will be on the alert, and we understand services will be accepted from all quarters.
The latter movement evidently had reference to preventing the holding of the Court at Toledo, September 7th. What was the force which finally was employed by Governor Lucas cannot be ascertained, as no record of the same can be found at Columbus, beyond the amount paid out for the services rendered.
The situation as thus shown, while largely conforming to the policy and wishes of Governor Lucas, was yet by no means without its embarrassing features with him. His arrangement with the Government was, for no action on the part of Ohio in connection with the boundary question, beyond the re-marking of the Harris line; while, on condition of such course by Ohio, the Michigan authorities were to cease attempts to enforce jurisdiction. But the County of Lucas had been created, and by law a Court was to be held at Toledo on the 7th of September. The situation was an embarrassing one. Threatened by the President with the Federal power in resistance to any violation of the compact or truce, it was a nice point to determine how jurisdiction so positive as the holding of an Ohio Court in the disputed territory, was to be accomplished without trouble with the Government. In such emergency it was decided to substitute strategy for force. When the time approached for holding the Court at Toledo, Governor Lucas sent Adjutant-General S. C. Andrews to confer with the Judges and County officers as to the most practicable ways and means for holding the Court. It was finally arranged, that Colonel Vanfleet should furnish his Regiment to act as a posse, subject to orders of the Sheriff, for the protection of the Court. Such force accordingly appeared at Miami, within the new County. The Adjutant-General and Major-General John Bell of Lower Sandusky (Fremont), proceeded to Toledo in citizen's dress. On Sunday, September 6th, the three Associate Judges, Sheriff and others met at Miami, ready to move to Toledo under escort of Colonel Vanfleet's force of 100 men. Unfortunately, the report was brought in on Sunday evening, that General Brown had reached Toledo with a force of 1,200 Michigan troops, to prevent the holding of the Court. The effect of this information was essentially disturbing. The Judges and others were in serious doubt as to what should be done -some favoring a "back-out," while others insisted on an advance. Judge Higgins and Andrew ("Count") Coffinbury (the latter having been appointed Prosecuting Attorney), were absent when the report came in, which embarrassed the Associate Judges. It was finally decided to submit the question to Colonel Vanfleet, it being assumed by those not willing to make the trip, that that officer would hardly feel prepared, with his small force, to meet 1,200 Michigan troops. It is reported that the Colonel, turning to the Judges, said: "If you are women, go home! If you are men, do your duty as Judges of the Court! I will do mine." The Colonel then said he wanted 20 brave men, who were willing to take the risk of a hazardous enterprise; and requested that such of them as were ready to do that, should step four paces to the front, when 30 so stepped out. Of these 20 were taken. Captain Granville Jones, of Lucas Guards, Toledo, was left in charge of the camp at Miami, with directions to be ready for co-operation with the advance. It was then decided, that September 7th began immediately after 12 o'clock Sunday night, and as no hour for the assembling of the Court was mentioned in the law, one hour was as good for the purpose as any other, so that the Court was held and due record of its proceedings made. Accordingly, at 1 o'clock A. M., the procession took up its march of eight miles for Toledo, each soldier of the escort carrying two Cavalry pis
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tols. They reached Toledo about 3 o'clock, and proceeded at once to a School House, which stood between Washington and Monroe and Michigan and Erie Streets. It was a frame building, At that time it was well "out of Town," and thus as safe from observation as accommodations could have been found. It has been deemed proper, that the building so prominent as to have served as the first Court House of Lucas County, should be presented to the present and coming generations in the condition in which it now (1887) exists.
Here " the Court of Common Pleas, in and for the County of Lucas, and State of Ohio," for the first time was opened in due form. It consisted of the three Associate Judges-Jonathan H. Jerome, Baxter Bowman and William Wilson. The President Judge( David Higgins), as supposed for reasons already indicated, was not present. Junius Flagg, of Toledo, acted as Sheriff, and Dr. Horatio Conant, of Maumee, as Clerk. A short session was held, the proceedings being limited to the appointment of John Baldwin, Robert Gower and Cyrus Holloway, as County Commissioners, and the approval of the Clerk's bond. The Clerk's minutes were kept on loose pieces of paper. The length of time occupied in these proceedings is not recorded, but it was as short as was consistent with the proper forms ; and "no further business appearing before said Court, it adjourned," literally "without day," since its entire session and adjournment took place in the dark.
There seems somehow to have been very little interest taken by the people of Toledo in the record of their initial Court and its attendant circumstances. Hence, the difficulty at this late day, in obtaining satisfactory particulars of the event, and especially of the movements and experiences of the Court in placing a desired distance between themselves and the supposed " Wolverine " troops. In the absence of local information, we are left, for our most detailed statement in that regard, to the narration given by the late Willard V. Way, Esq, of Perrysburg, in his address before the Raisin Valley (Michigan) Historical Society. Without in any way impeaching the loyalty of that gentleman as a citizen of the Commonwealth of Ohio, it must be conceded that his account of that occasion does not read in all respects just as one of the zealous champions of Ohio on the disputed boundary question would have been expected to tell the story. In this, the writer does not wish to be understood as questioning the truthfulness of Mr. Way's version, which was substantially this: That upon adjournment of the Court, the officers and escort went to the tavern then kept by Munson H. Daniels, not far from the Court House ; that while there enjoying a season of conviviality natural on the accomplishment of important and critical public service, a wag came hurriedly into the tavern and reported a strong " Wolverine " force approaching and close by ; that the party at once left the house, sprang to their horses, leaving their bills unpaid ; that they took the trail for Maumee, following near the River ; that upon reaching the hill across Swan Creek and near where the Oliver House now stands, seeing no pursuit, they came to a halt; that it then became known that the Clerk had lost his hat, and with it his minutes of the Court; that under direction of Colonel Vanfleet, careful search was made for the papers on the line of their hasty travel ; and that after diligent efforts, the hat and contents were found. Colonel Vanfleet signalized this important success by firing two salutes, when the party continued their journey to Maumee, where they arrived soon after daylight, or about six o'clock, having occupied five hours in going to Toledo, holding a Court and getting safely back. The record of that Court, so essential to the proper vindication of the rights and authority of the State of Ohio, is as follows
The State of Ohio, Lucas County, ss.:
At a Court of Common Pleas, began and held at the Court House in Toledo, in said County, on the 7th day of September, A. D. 1835. Present, the Honorable Jonathan H. Jerome, Senior Associate Judge of said County, their Honors, Baxter Bowman and William Wilson, Associate Judges ;
The Court being opened in due form by the Sheriff of the Count
Horatio o Conant being appointed Clerk of said County, exhibited his bond, with sureties accepted by the Court agreeable to the statute in such case made and provided.
The Court appointed John Baldwin, Robert Gower and Cyrus Holloway Commissioners for said County.
No further business appearing before said Court, the Court adjourned, without day.
J. H. JEROME, Associate Judge.
Adjutant General Andrews, in his report to Governor Lucas, said
"The Court was accordingly held under these circumstances : The Judges and Sheriff of the County met at Toledo on Monday, which was the 7th, and, attended by a small posse, opened Court, organized, appointed their Clerk, County Commissioners, etc.;
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and after performing such business as was necessary for a complete organization of the County, and making up their record, adjourned without molestation. In the meantime the opposing force had entered the place, and taken possession of the adjoining Village [Vistula, the Court meeting in the Port Lawrence Division], with the express purpose, as declared, of preventing the session. They had, it is asserted, information of the fact, and made arrangements accordingly. No interruption, however, took place."
This report elsewhere says the Michigan force entered Toledo on Sunday, the 6th, where they remained until Monday, and some part of them until Tuesday following, when they disappeared entirely, with the exception of a straggling band, who afterwards returned in search, as pretended, of the Judges of the Court, but engaging in the customary excesses and proceeding to acts of violence against certain of the citizens. The inhabitants were aroused to resistance, and they were forcibly expelled. Their whole number upon entering Toledo, appears to have been not to exceed 1,100, and to have been reduced at the time of their retreat to between 500 and 600. General Brown subsequently stated that his main force halted at Mulholland's, some eight miles from Toledo, where they remained Sunday night, he having sent Colonel Warner Wing forward with 100 men, to watch the Judges and arrest them if they attempted to hold Court, The main force reached Toledo the next day.
More or less of excess in drinking and carousing took place with the Michigan troops, and especially in petty robbery of property, although such action was against the will of the officers in command., That Major Stickney should be made conspicuous in that connection is not remarkable, he being an object of special hostility with that side. It was stated that the Major, on finding a man in the garb of a Michigan soldier, in his garden, in the act of pulling up potatoes, asked what he was doing, when the trespasser replied that he was " drafting potato tops, to make the bottoms volunteer."
The Major was subsequently paid $300 by the State for damages suffered during that controversy, besides costs and expenses incurred by him in connection with his arrests May 8th and July 20, 1835, and being taken to the jail at Monroe.
As already mentioned, the body of the Michigan forces detailed to prevent the holding of Court at Toledo stopped at Mulholland's on Sunday, the 6th. At that place ex-Governor Stevens, although then nine days out of office, issued an address to the troops, in the character of " the Executive," in which he notified them that the command was by him at that time "assigned to Brigadier General J. W. Brown," and enjoined on them due observance of that officer's orders. On the same day General Brown issued, from Toledo, his address to the Militia, closing with this appeal
Our cause is just. We assemble to defend from invasion our constitutional privileges. The voice of law calls us to the field, and although young in history, Michigan must be placed by us in the proud attitude of seeking to do no wrong, and never shrinking to defend the honor of the country and the inviolability of her soil.
The manner in which these movements in Ohio were received by the authorities and people of Michigan is further seen from the following article, taken from the Michigan Sentinel, published at Monroe, under date of September 12, 1835
WOLVERINES or MICHIGAN!- In anticipation of the proposed organization of the Court of Ohio at Toledo, and the approach of Lucas's " Million," Acting Governor Mason made a large requisition on the brave Wolverines of Michigan ; and on Saturday last (September 5th) they approached our Town under arms by hundreds, from the Counties of Monroe, Wayne, Washtenaw, Lenawee, Oakland, Macomb and St. Joseph. The whole body entered the disputed territory on Monday, accompanied by Governor Stevens, Generals Brown and Haskall. and Colonels Davis, Wing and others, to the number of 1,200 to 1,500, and encamped on the plains of Toledo. Governor Lucas did not make his appearance. The Court is said to have been held at the dead of night, by learned Judges dressed in disguise ; and the insurgents of Toledo precipitately fled from the scene of action.
The last order issued to the Michigan forces, was that of General Brown, dated at Monroe, September 10, 1835, which was commenced as follows
The different Regiments, Battalions and Corps comprising the Brigade of Michigan Volunteers now assembled at this place, will immediately be put in march, by their several commandants, for their respective homes.
There they were to be dismissed for 30 days, but to hold themselves in readiness for another call. General Brown expressed " his high regard for the manly and patriotic manner in which they had obeyed the call of the Executive to assist him in sustaining the laws of the Territory and the inviolability of its soil." And thus closed the military movements of Michigan in the "Toledo War."
The success of the strategy employed by the Ohio authorities for exercising jurisdiction over the disputed territory, by holding a Court at Toledo, seems to have practically closed the contest. No further attempt was made to resist Ohio authority, while the people immediately concerned very rapidly accepted the same.
Mr. Shaler did not accept the appointment of Secretary of Michigan, and John S. Horner came to be the Acting Governor, between whom and Governor Lucas arrangements were made for the discontinuance of the persecutions commenced against all residents of the disputed territory, except Two Stickney, whom Governor Lucas refused to surrender under requisition.
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The Michigan view of this result was no doubt fairly stated by Hon. A. L. Millard of Adrian, in an address delivered July 4, 1876. He said:
The result was, that Ohio, influential and powerful with her 12 members on the floor of Congress, prevailed against her younger and weaker sister Michigan, with her single Delegate, and he without the right of voting ; and before Congress would admit her into the Union as a State, she was required to assent to the change in her boundaries. and to adopt the boundary claimed by Ohio. But in order to make her some amends, the Northern Peninsula, then no part of Michigan, was offered her. At first this overture was rejected. A convention called to act upon it, refused to give the assent required. Her people at the time .felt keenly upon the subject. They felt that her right to the territory, under the ordinance (of 1787), and under the act of Congress of 1805, was unquestionable, and there are few, in this State, at least, who have examined the question, who do not regard it so to this day. But this decision of the Convention did not finally prevail. A large and influential portion of the citizens-some from public considerations, and others, perhaps. from private reasons, thought it highly desirable that the State be speedily admitted into the Union. Another Convention was accordingly called, not by the Governor or other legal authority, but by a Democratic Central Committee, requesting the people in the several Townships to elect delegates. The Convention met, and in the name of the people of the State gave the required assent. This, after considerable discussion, was accepted by Congress as a compliance with the condition, and the State was admitted by an act passed on the 27th January, 1837, and thus the controversy ended. The people of Michigan were ill satisfied at the time, being little aware of the mineral value of the Upper Peninsula, which they acquired in lieu of the strip surrendered. But the subsequent development of that region has shown that they got an ample equivalent, and that the bargain, though in a manner forced upon them, turned out to be not a bad one for Michigan.
In his message of December, 1835, to the Ohio Legislature Governor Lucas called attention to the following facts, as bearing on the question of boundary:
That the Counties of Wood, Sandusky, Henry and Williams, made up of territory previously possessed b the Indians ; that such Counties extended to the Harris Line, and embraced all territory subsequently in dispute; that Wood County authorities asserted jurisdiction to the Harris Line, and assessed property for taxation up to the same ; that no question was raised by the Michigan authorities in the matter for several years, nor until Governor Cass sought in vain to find persons there willing to accept commissions at his hands ; that he finally found a man who lived within the territory in dispute, becoming dissatisfied with the assessment of his property, consented to accept an appointment as Assessor ; and that this was over two years after Ohio exercised jurisdiction to the Harris Line. This point would have more force, but for the fact, that from the organization of the Ohio State Government in 1802, until the ratification of the Indian treaty of 1817 (a period of fifteen years), most of the territory afterwards in dispute, was in possession of the Indians, and thus not subject to civil government by any authority.
In a special message of February 6, 1835, to the Ohio Legislature, Governor Lucas declared the boundary claimed by Michigan to be "impossible," for the reason that a line running due East from the Southern extremity of Lake Michigan, would not only cross the Maumee River considerably South of the Maumee Bay, but extending East would never strike the territorial line between the United States and Canada, but pass through the Counties of Huron, Cuyahoga, Geauga and Ashtabula, to the Pennsylvania line, some 20 or 30 miles South of Lake Erie-thus leaving a strip of such width between the Northern boundary of the State and the Lake. The Governor also called attention to the fact, that while neither House of Congress had ever expressed an opinion adverse to the claim of Ohio, there had been, after full investigation by the Judiciary Committee of the Senate, an able report in favor of such claim, and a bill to that effect, twice passed by that body; while the House Committee on Territories, March 11, 1834, declared additional legislation on the subject unnecessary. Governor Lucas also called attention to the important fact, that in the admission of Indiana to the Union, subsequent to that of Ohio, that State was allowed to extend its Northern boundary considerably North of the Southern extremity of Lake Michigan.
To recapitulate, it may be stated, that the fact of a disputed boundary was recognized very soon after Ohio became a State. As early as 1807, the Legislature of that State adopted a resolution by which Congress was asked to pass a law " to ascertain and define the Northern boundary line of this State and fix the same," agreeably to the provision contained in the State constitution. In 1809, prefaced with a preamble stating that "great inconvenience has been and is daily occurring, in consequence of the Western and Northern boundaries of the State not being ascertained," the Legislature renewed its request for such definite declaration of such boundary lines. In 1811, the same body again asked for the same action, specifically citing, as a reason therefor, the fact that Michigan Territory was then undertaking to exercise authority over the disputed territory. In 1812, Congress, acting on such request, directed the running of a line of boundary, which, owing to the existence of the War with Great Britain, was postponed until 1817, when the Harris line was run. At the suggestion of General Cass, but without authority of Congress, Surveyor Fulton ran the " Fulton " line, which Michigan claimed to be the true boundary, but which was found to be impracticable, for the reason that it did not at any point intersect the territorial line between the United States and Canada, but left considerable territory of Northern Ohio North of the Fulton line, and between Ohio and Canada. In 1818, the Ohio Legislature re-affirmed the claim of the State to the Harris line. The claim of Michigan to the Fulton line still being asserted,
306 - HISTORY OF TOLEDO AND LUCAS COUNTY.
the Ohio Legislature in 1820 again called on Congress definitely to settle the question by declaring the Harris line to be the true boundary. It was only after such repeated appeals to Congress, for the interposition of its authority for the settlement of the question, that Ohio, in 1835, acting in its own sovereign capacity, sat out to assert and settle her rights in the case. It was at such suggestion that Messrs. Rush and Howard were sent as Commissioners by the President, for the adjustment of the difficulty. By the agreement made between those Commissioners and the Governor of Ohio, April 7, 1835, it was provided
1st. That the Harris line be run and re-marked, without interruption. 2d. That the civil elections under the laws of Ohio having taken place throughout the disputed territory, the people residing there be left to their own choice as to which of the parties should be accepted as authority in government until the close of the next session of Congress. This Ohio assented to, with the proviso, that Michigan be compelled to abide by the terms of the compact; and especially, that all prosecutions begun under the authority of that Territory against citizens of Ohio, be discontinued.
The case, having been by arrangement finally referred to Congress, the discussion became active there, and was ably presented on the part of Ohio, by Governor Lucas and the Senators and Representatives from this State. In a letter to the Secretary of State at Washington, November 10, 1835, the Governor stated that ho was informed by General Haskall, a member of the Michigan Legislature, that Governor Mason procured the key to the United States Arsenal at Detroit, and in that way came into possession of Government arms for use by his forces. Governor Lucas expressed the belief, that such use of the arms was made " by private special permission of the Secretary of War " (General Lewis Cass). The Governor stated that in private letters to friends in Ohio and seen by him, Secretary Cass stated, that while not appearing publicly in the controversy, he was doing all he could privately in support of the Michigan claim. Governor Lucas attributed to the Secretary the responsibility of the entire controversy.
In a letter of November 19, 1835, Secretary Cass alludes to this expression by Governor Lucas, and protests against the same as grossly unjust. On the contrary, he stated, that while fully believing in the justice of Michigan's claim, and advising the exercise of jurisdiction over the disputed territory by the use of ordinary civil power, he at all times discountenanced the resort to force which Governor Mason made.
Governor Lucas then quotes from the private letters of the Secretary, referred to by him, showing that the author did severely denounce the action of Ohio in the matter as "among the most unjustifiable which had taken place during his time."
In a report made March 1, 1836, the Judiciary Committee of the Senate, of which Hon. John M. Clayton, of Delaware, was Chairman, discussed the matter with much clearness and detail, going over the essential points and facts. The immediate matter in hand was the " bill to settle and establish the Northern boundary line of the State of Ohio," which provided " that the Northern boundary of the State of Ohio, shall be established by and extend to, a direct line running from the Southern extremity of Lake Michigan to the most Northerly Cape of the Miami Bay; thence Northeast to the Northern boundary line of the United States; and thence, with said line, to the Pennsylvania line." The result of the Committee's investigation « as to the effect, that aside from the declaration made in the constitution, the State of Ohio could have no claim to the line therein set forth. Thus, the whole question turned upon the validity of that declaration as a basis for the claim made by Ohio; while such basis could not be valid, without the " assent of Congress." Hence, again, arose the question, Did the admission of Ohio into the Union, with such constitution, constitute the required "assent of Congress" to the boundary stated ? The Senate Committee concluded its full examination of that question in the following language
We do not hesitate, then, to express our conviction, that, while Congress has not yet, in terms, declared its satisfaction with the line now contended for by Ohio, as her Northern boundary, it has, in the most solemn manner, accepted her State Constitution, recognized it, as made pursuant of a lawful authority to make it, conferred by an act which reserved the right to annex to Ohio, at any future period, a country embracing the whole territory in dispute; and has, by these means, assented to the terms of the proviso, which is one of the essential features of the constitution. We say essential, because everything regarding her boundaries, touches her sovereignty-her very being, as an independent State. We hold that, by the acceptance of this constitution, Congress undertook, that if the fact should be hereafter satisfactorily ascertained that the Southerly bend or extreme of Lake Michigan extends so far South, that a line drawn due East from it must intersect Lake Erie East of the Miami of the Lake, then, with the assent of Congress, the Northern boundary should be the very boundary described in the bill before the Committee. And while we negative the assertion of the right to the line, contained in the resolution referred to us, considered as a strictly legal right, to perfect which no further action of Congress is requisite, and adopt the distinction which is well taken by the Attorney-General, in his letter to the President of March 21st, last, between the assent of Congress to the proviso, which has been given, and its assent to the actual extension of the Northern boundary, as proposed in the proviso, which has not been given, we also declare, in justice to that State, that for the reasons which we will now proceed to detail, Congress cannot, consistently with the original understanding of the compact between that State and this Government, and those obligations which, though not strictly legal, are of great equitable and moral force among Nations, as well as individuals, withhold its assent to the line in the bill.
OHIO AND MICHIGAN BOUNDARY. - 307
The Committee then state the fact, that at the time the constitution of Ohio was formed, the maps existing, with a single exception, placed the Southern extreme of Lake Michigan between 42° 20' and 42° 30' North. The map of Peter Bell, Geographer, published in 1772, would have made a line due East from the extreme of Lake Michigan strike the Detroit River, North of Lake Erie. That of William Faden, in 1777, would have placed such line North of Lake Erie. Kitchen's Atlas agreed with Bell's map. An ancient map, by Eman Bowen, Geographer to His British Majesty,• and John Gibson, Engineer, of 1763, placed such line North of Lake Erie. Laurie & Whittle's map, issued at London, 1794, located the same line above "Lake Erie or Okswego," as laid down. An ancient map of the Northwestern Territory, with a supplement to the map of Hudson's and Baffin's Bays, shows the same results. Mitchell's map, published in 1755, is said to have been the one relied on by Congress and the Convention of Ohio, at the time of the admission of this State ; and that placed the extreme of Lake Michigan at 42° 20' North, thus placing a line due East far North of the most Northerly Cape of Maumee Bay and the mouth of Detroit River.
Under such state of facts, it is not matter of surprise, that the Committee should say that " it was then believed by both parties, that the new State of Ohio would comprehend not only the whole territory in controversy, but a much larger tract of country lying North of it." In fact, the ordinance of 1787, and the enabling act of Congress, under which the constitution of Ohio was formed, if interpreted by the maps made the basis of action on both occasions, would have given to Ohio not only all she ever claimed, but in addition the entire present Southern tier of Counties in Michigan.
The bill thus endorsed by the Senate Committee, fixed the boundaries of Michigan and Indiana, as well as the Northern boundary of Ohio, and passed the Senate March 10th by a vote of 37 to 3, and went to the House of Representatives. March 22d a bill was introduced into the Senate by Mr. Benton to establish the Northern boundary line of Ohio and to admit Michigan into the Union, upon conditions therein expressed, which bill passed the Senate April 2d, by a vote of 24 to 18, and went to the House. This bill differed from the one passed March 10th, in that it contained a proviso, that the boundary line of Ohio should receive the assent of a Convention of delegates of the people of Michigan, as a condition of the admission of Michigan into the Union. For this reason the second bill was not satisfactory to the larger portion of the Ohio delegation in Congress, who preferred the unconditional terms of the Clayton bill, and were not willing that the question be left open for further doubt and agitation. In the House the question of precedence in action upon the two Senate bills was raised, and decided in favor of the Benton bill, and June 13th it passed, by a vote of 153 to 45. June 15th, the Clayton bill, unconditionally fixing the Northern line of Ohio, passed the House, without a division, and thus was the long-deferred and much disputed boundary question and the "Toledo War" definitely and finally settled.. For reasons which seemed to have been more political than substantial, it was deemed advisable by the friends of the Administration to connect the admission of Arkansas with that of Michigan, by which association the adjustment of the boundary question probably was delayed for six months. A prominent, if not the controlling, consideration in the matter, was the sleepless jealousy of Southern politicians, with whom it had come to be settled, that no Free State should be added to the Union, unless associated with a new Slave State, to the end that equilibrium in the political power of Freedom and of Slavery might be preserved. This fact will explain the precedence given the Benton bill over the Clayton bill in the House. The same spirit of jealousy was constantly manifested as long as Slavery continued to be a cause of sectional discord. To the same fell spirit was the country subsequently indebted for the annexation of Texas, in order that additional territory for Slave States might be obtained ; and to the same, for the like object, the Mexican War; and neither of these resources being found effective, as a last resort came the attempt, through the repeal of the Missouri Compromise, to subject Free territory to the establishment of Slave States. It was the failure of this device that drove the Slaveholding power to the fatal madness of rebellion and an attempt to destroy the Union it was no longer able to control to its purposes, and led to the sudden and total destruction of the interest so long and so desperately defended.
In this connection, the particulars of the Michigan forces as furnished by the pay-roll of her soldiers, now among the archives of that State, will be of interest. That roll gives the name of every soldier (officer and private), the amount of pay received, and in most cases, his receipt therefor. The list has the names of 1,160 men. The pay of Major-General Brown, Commander of the Territorial army, was $200 per month. He had for Aide-de-Camp, Alpheus Felch, afterward Governor and United States Senator, who received $50 per month. Colonels were paid $75, Captains $40, Lieutenants $30, Ensigns $20, Sergeants $8 and privates $6.66 per month. Considering the" currency" in which they were paid ("Wild-Cat" Bank notes), these rates do riot seem to be excessive. The several organizations of the Michigan forces were known as follows : The Oakland Detachment, of 192 men ; Major Bucklin's Reg-
308 - HISTORY OF TOLEDO AND LUCAS COUNTY.
iment, of 159 men ; Colonel T. D. Davis's Rifle Brigade, of 248 men ; Second Regiment (Colonel Warner Wing), 140 men; Captain J. Wood's Company of Light Horse, of 61 men ; Shelby Volunteers, of 60 men; Acting Brigadier-General Martin Davis's Detachment, of 47 men ; Colonel Davis Smith's Eighth Regiment, of 247 men. Total force, 1,254. The aggregate expenditure of Michigan, in connection with the boundary controversy, is placed at $13,658.76.
The people of Michigan, in that controversy, labored under two serious embarrassments. In the first place, as already stated, theirs being only a Territorial Government, the creature of Congress, wholly subject to Federal rule, it could Dave no recognized authority even over its domestic affairs, and much less over its relations to other Governments. This condition of tutelage deprived it of the political status which State organization and power alone could confer. In the next place it was largely handicapped by an unfortunate head of what government it possessed. In 1814, General Lewis Cass, then of the United States Army, but a resident of Marietta, Ohio, was made Military Governor of Michigan Territory. Subsequently, he was made Civil Governor, with William Woodbridge, also of Marietta, as Secretary, both appointments being fortunate for the Territory. The administration of Governor Cass will always stand prominent among those of Western Territories. He was specially serviceable in his relations with the Indians, with whom he concluded important treaties and largely maintained friendly relations, being Superintendent of Indian Affairs for all the then Northwest, as well as Civil Governor of Michigan. He it was, who negotiated at Fort Meigs, in September, 1817, the important treaty by which the Seneca, Delaware, Wyandot, Shawanese, Pottawatomie and Chippewa tribes surrendered to the Government about one-fifth of the territory comprising the State of Ohio, beside large districts in Michigan and Indiana. Beside this treaty, 16 others were negotiated, chiefly under his management, and in their results transferring to the United States vast extents of lands, both East and West of the Mississippi. In 1831, Governor Cass was called to Washington, to serve as Secretary of War in President Jackson's Cabinet. The loss of his services, made so highly valuable by his long experience and intimate knowledge of the affairs of the Territory, was much regretted at the time ; but the measure of the loss was made more fully known only through the management of succeeding years. In 1830, the Territory bad attained to a population of 32,538, and was self-supporting. With such advance in numbers, the people had become possessed of an exceptional degree of local pride, no doubt largely due to the position which Governor Cass's administration had given the Territorial Government. Hence, the succession to that officer was a matter of more than ordinary concern with them, and they were very desirous that it should fall upon one of several prominent citizens of the Territory, instead of being utilized in the promotion of political interests elsewhere. Secretary Woodbridge and Austin E. Wing were looked upon as specially suitable for the Governorship. Such desire, however, had so little consideration at Washington, that John T. Mason of Virginia, a brother-in-law of Postmaster-General Barry, was appointed Secretary of the Territory, to act as Governor until the latter office should be filled. The appointee, however, did not accept, but went abroad on some private agency, and the office was transferred to his son, Stevens T. Mason. The choice of a non-resident for purely political and personal reasons, was bad enough ; but that of a mere boy-but 19 years of age-added greatly to the disappointment and chagrin of the people, who sent to him a Committee for conference, when he acknowledged his minority, and sought to justify it on the ground that his father's income was not sufficient to properly support the family.
This feeling was greatly intensified by the fact, that in consequence of Governor Cass being removed to become Secretary of War, the Secretary would become the Acting Governor, with full executive responsibilities. All protests, however, proved unavailing. The Virginia " lad " became Michigan's Governor, and by his subsequent action did not a little to justify what had been said of him. It is more than probable that in the management of the boundary question, he sought to turn to personal account the partisan feeling of the people of the Territory, and by extra zeal to increase that feeling, which will, in a measure, account for his indiscretion at different times.* Again, it is probable, that the circumstances of his appointment and the dissatisfaction arising therefrom, his questionable personal course and his lack of discretion, all contributed to make the President more reluctant to make the Government responsible for Mr. Mason's action ; and thereby did the latter turn out more to the advantage of Ohio than of Michigan in the dispute. Had Governor Cass been in Mason's place, and conducted the question on the same general basis, there is reason to believe that Ohio would have had a more embarrassing case on its hands, with a result less satisfactory.
The protest of the people at Washington was general and emphatic, but to no avail. George
*The Detroit Courier, in March, 1832, had this item
" His Excellency, the Acting Governor of the Territory of Michigan, at a special session of the Mayor's Court, was bound over to keep the peace; and held to recognize for his good behavior at the June term of the Circuit Court. These proceedings were caused by a personal assault by the Acting Governor upon a Detroit editor, on account of criticisms of that official."
OHIO AND MICHIGAN BOUNDARY. - 309
B. Porter of Pennsylvania was appointed Governor, and bad he devoted his time and attention to the office, the presence of the "Boy Governor " would have been less offensive. The latter by cultivating geniality through the social customs of the day, and a course of conciliation, in a measure modified the intensity of the feeling against him, whereby the people were led to endure what they could not cure. Thus matters stood, when, in the winter of 1834-5, the action of the Ohio Legislature on the boundary question, raised an issue, which with the people of the ambitious Territory, soon overshadowed that of their Governorship. Some three years of experience in office had measurably fitted Secretary Mason for the place ; and a preciating the opportunity for commending himself to popular favor, furnished by the Ohio action, he at once entered in the most spirited manner upon such measures of resistance as he could employ. The result was, that he soon largely removed the feeling existing against him. But in doing this, he displeased the powers at Washington, whose deep concern for the political bearing of the controversy had led them to favor the Ohio side of the question. Hence it was, that in September, 1835, with the boundary question yet unsettled, John S. Horner, another young man, ignorant of the country, was appointed Governor of the Territory. He came on, and sought by a policy of conciliation to induce an adjustment of the boundary difficulty, whereby he seriously displeased the people, who looked upon him not as the Executive of the Territory, but as simply the tool of political masters at Washington, whose sole interest in the matter was to manage it for the greatest partisan advantage. This state of things was made the more offensive to the people, by the fact, that at that time they bad organized a complete State Government-in form-with a Legislature, and United States Senators chosen. Ere long Governor Horner left the Peninsula, for a portion of Territory beyond the limits embraced in the State organization.
During the Summer of 1835, and while the boundary question was yet undetermined, the people of Michigan sat about the organization of a government, in which they could have some power. To this end they held a Convention ; framed a State Constitution, which was adopted by the people, who, at the same time chose State officers and a Legislature. Secretary Mason was chosen Governor, and Edmund Mundy, Lieutenant Governor; while Lucius Lyon and John Norvell were chosen United States Senators by the Legislature ; and Isaac E. Crary, as Representative in Congress. Such action, unauthorized by existing law, was not approved at Washington, and especially as its tendency was to complicate and intensify the boundary issue. The admission of the State under such state of things was out of the question. Then it was that the compromise, on which the whole trouble was finally settled, was proposed, to wit : That Michigan yield the disputed territory, and in lieu of that accept the Lake Superior Peninsula. This proposition was submitted to the people of Michigan, who sent delegates to a Convention held at Ann Arbor, September 4, 1836, by which the offer was rejected. Steps were then taken for another Convention, which, in reality, was little more or less than an Administration scheme for forcing terms upon the people. For such purpose, delegates were chosen " direct from the people," in local caucuses, without even the semblance of authority in law. The body thus chosen met at Ann Arbor, December 6, 1836, and assuming to speak for the people of Michigan, proceeded to accept the terms proposed ; and by an act passed January 26, 1837, Congress declared that a State Government had been duly formed by the people of Michigan, and the same was admitted as a member of the Union, and the vexed question of boundary was forever settled. A large portion, and probably a majority, of the people, with their pseudo State officials, indulged in a liberal degree of indignation and protest; but that was the only consolation accorded them. They could accomplish nothing in resistance to the wrong they felt. Governor Mason indulged in emphatic rhetoric about the outrage committed, to meet with little more than ridicule of himself as "the Hero of the bloodless plains of Toledo."
The people of Michigan regarded it as a matter of grave wrong, that their Territory should be deprived of the few square miles of lands, which they had hoped would be included in their prospective State. And when, as a matter of compensation for such loss, Congress proposed to give them the great Peninsula of Lake Superior, with all its rich mineral deposits, the people of Michigan rejected the offer; and the arrangement was consummated only through the unauthorized manipulation of local politicians. If the loss of that little strip of land, was so great a wrong to Michigan, what was the loss to Wisconsin, of a territory some 350 by 60 miles in extent, the taking of which cut that State off from some 400 miles of Lake coast, leaving to it only about 70 miles of such possession, and depriving it of many valuable harbors, in order that Michigan might add the 400 to the 700 miles of coast already possessed by her? Not only all this, but Wisconsin was deprived of 100 miles of the Western coasts of Lake Michigan and Green Bay, with all their desirable harbors, so important to that State. Of the two, it would seem that Wisconsin, rather than Michigan, was the party wronged in the adjustment of the boundary dispute of 1835.
Of the $300,000 appropriated by the Ohio Legislature for expenses in the measures proposed for enforcing the rights of the State in
310 - HISTORY OF TOLEDO AND LUCAS COUNTY.
the boundary controversy, the sum of $8,837 was subsequently expended. Among the items were the following : To C. Neiswanger, Quarter Master General, $1,473.77; pay of State Commissioners, for running the boundary, $406; to Jonathan Taylor, one of the Commissioners, for expenses in running the line, $1,000; Samuel C. Andrews, Adjutant General, $128.96 ; General John Bell, commanding Ohio forces, tbr compensation, $228.00; N.. H. Swayne, William Allen and David T. Disney, Commissioners to Washington, $300; N. H. Swayne, horse-hire and expenses, at Perrysburg and returning to Columbus, $32.50; relief of J. E.Fletcher, of the surveying party, arrested and taken to Tecumseh a prisoner, by Michigan party, $100; Auditor of State John A. Bryan, for expenses in transmitting documents to Tecumseh to secure release of Fletcher, $47.13.
It was both natural and proper that an event so important to the people of Toledo as the adjustment of the boundary question and the end of years of internecine contest and local bitterness, should be signalized in a public way ; especially, that thereby was made sure to their Town the great benefits foreseen in the construction of the proposed Canals. Such celebration took place June 25, 1836, ten days alter the passage of the act of Congress establishing the Northern boundary of Ohio on the Harris line. The report was first published in the Blade, and reproduced in the Gazette, as stated, " by request," as that paper was in sympathy with " the other side " of the boundary question
"The day was ushered in at sunrise by the firing of cannon and ringing of bells," as we read. Appropriate banners waved from hotels and public buildings. At 8 P. M., the citizens (such as "had a mind" to the occasion), with many distinguished visitors, assembled at the Mansion House (Daniel Segur, proprietor), and marched to the School-House in which the memorable Court was held the year previous, where a short address was delivered by Emery D. Potter, Esq., when the procession returned to the hotel for a dinner " prepared in Mr. Segur's best style." The "cloth being removed," toasts were read by different gentlemen present, including J. B. Macy, of Buffalo, N. Y.; Willard J. Daniels, Indiana ; Joel McClellan, of Lockport, N. Y.; Andrew Palmer, Toledo; Levi Beardsley and J. R. Beardsley, Oswego, N. Y.; Colonel William McLaughlin, Mansfield, O.; E. D. Potter, Toledo; Rev. Hr. Bradburn, Nantucket, Mass.; A. J. Underhill, New York ; George R. Perkins, M. D., Dr. H. B. Stillman, John Jay Newcomb, George H. Rich, and Roswell W. Cheney, Toledo.
A guest gave,
"The Erie and Kalamazoo Railroad-Designed to be the great thoroughfare of the Far West."
S. R. Beardsley's sentiment was,
"The Buckeyes of Lucas County-Ready and willing to yield when wrong, but firm and united in repelling the encroachments of their Wolverine neighbors."
Mr. Underhill,
"Toledo-The great outlet of the States of Ohio, Indiana and Illinois ; destined within a short period to be the great City of the West."
Mr. Cheney gave,
" The Orator of the Day-May he grow in usefulness with the growth of our thriving and prosperous Village."
To which Mr. Potter responded briefly, saying, among other things,
" From the time that I arrived here, six months ago, a stranger, I have never had reason to regret the adoption of this place as my future home."
Colonel McLaughlin toasted,
"The Democracy of Ohio-Ever true to their cause, they will give united and efficient support to the `Favorite Son of New York , " (Martin Van Buren, then Vice President, and a candidate for President).
Taken all in all, the site on which Toledo stands has gone through a series of mutations in government and control which will find few, if any, equals in this country or elsewhere. Among these may be named the following:
1. As early as 1610, the French Government, by virtue of the establishment of trading-posts in this region, laid claim to the territory.
2. In 1641 this claim was strengthened by the planting of the French flag at the Sault St. Marie, which was followed by 120 years of French domination.
3. In 1763, as the result of the French and Indian War, Great Britain dispossessed France and assumed jurisdiction.
4. In 1783, by the treaty of peace between the Colonies and Great Britain, this territory was conceded to the former, although in fact, it remained under British control until after the victoryof General Wayne at Fallen Timbers (now in Lucas County) in 1794.
5. Connecticut and New York each for many years made separate claim to this locality.
6. In 1787, it was made part of the Northwest Territory.
7. In 1796, it became part of Wayne County, of said Territory.
8. In 1800, it passed to the Territory of Ohio.
9. In 1802, it became by jurisdiction, part of the Territory of Indiana.
10. In 1805, the new Territory of Michigan assumed jurisdiction of this place, and it was practically in Wayne County.
11. In 1817, Monroe County, Michigan, was organized, and this locality passed to its control.
12. In 1820, Wood County, Ohio, was created with nominal jurisdiction here.
13. In 1827, Port Lawrence Township, Monroe County, was organized, including this locality.
14. As early as 1831, parts of the present territory of Toledo were in the separate plats of Port Lawrence and Vistula, and afterwards another portion in Manhattan.
15. In 1833, Port Lawrence and Vistula were consolidated in the Town of Toledo.
16. In 1835, the County of Lucas was established by the Legislature of Ohio, to include Toledo.
17. During the last named year, and until January, 1837, when the Ohio title was made final by the admission of Michigan into the Union, the question of jurisdiction remained in dispute.
18. In 1837, the incorporated Town of Toledo became the City of Toledo.
19. In 1874, the limits of the City of Toledo were materially extended, to include Manhattan and much other adjoining territory.
OHIO AND MICHIGAN BOUNDARY. - 311
Thus we find that this locality has been subject to no less than 19 different jurisdictions.
The lapse of 50 years of time, with the subsidence of partisan feeling and local interest which so largely grew out of and affected the minds and actions of participants on both sides of the unfortunate boundary question, now permits more deliberate consideration of and more just judgment on its merits. As already shown, the residents of Toledo were not wholly agreed in their feelings and action on the issue. " Ohio men " and " Michigan men " then stood arrayed in sentiment, more than in action. To what extent either of those divisions were affected by ulterior considerations, cannot now be known. That such, more or less, operated to control individuals, is only natural. If either of the contending parties presented to the people of Toledo the stronger inducements for their support of its claims, it certainly was Ohio. It would not be possible, under present conditions, to appreciate all that was involved in that dispute, as viewed from the stand-point of the adventurous settlers of Toledo at that time. In the strong and bitter contest they were called to make with neighboring rival Towns, involving the very life of their own, the matter of the Canals, with all that it involved to the successful candidate for the outlet of those important improvements, could not have failed to be most potential in connection with the boundary matter. The question itself was then so far involved in doubt as to facts and argument, that it is not strange that candid men should fail to agree as to its merits. The case, as already shown, rested upon a single point, to wit: Which should prevail-the Ordinance of Congress of 1787, and the act of the same body in 1805, both establishing the line of boundary as claimed by Michigan ; or the provision in the Ohio State Constitution as accepted? Hence, the pivotal point : Did Ohio in becoming a State with such claim to boundary, secure rights, which not only overrode rights previously fixed by Congress, but which could not be affected by subsequent action by that body ? Clearly, it is not within the power of a Convention representing the people of a Territory, or of that people themselves, to determine a question of boundary which affects the rights of others. Hence, the question again arises, Does the bare act of Congress admitting a State into the Union, approve and irrevocably conform to it all that is claimed as to the question of boundary in the Constitution under which the State is admitted? Ohio's case in theboundary dispute, had no other basis than the affirmative of this question. Had Michigan been a State, with a fixed boundary, instead of a Territory, when Ohio was admitted, there would have been no doubt as to the matter, since in such case she would have had the status of fully vested rights. But the fact, as already stated, was that Michigan in the nature of the case, could not be a party in the dispute, for the reason that her's was a condition of tutelage, being the creature of Congress, without rights of any sort, except as that body saw fit to confer them.
The case as presented by the Senate Judiciary Committee (already cited) seems to be the clearest and most satisfactory showing yet made. The simple fact that Congress, both in the ordinance of 1787 and in the act creating the Territory of Michigan in 1805, acted upon an entire misapprehension as to the real location of the Southern extreme of Lake Michigan, which was made its base in fixing the boundary line, is the chief point in the case. The Ohio Convention, becoming apprehensive of such mistake by Congress, and desirous of protecting the State from the serious injury threatened through the same, most properly recognized the geographical doubt, and guarded against its damaging effect. It fully accepted the base employed by Congress for fixing the boundary line; provided, such base prove to be what Congress assumed it to be throughout its legislation in the matter. It is difficult to conceive of a proposition more simple and just. To question its fairness, is to question the good faith of Congress, and attribute to that body a willingness, if not the purpose, to take advantage of its own error, to the wrong of a party trusting to its sense of justice. The contingent provision in the Ohio Constitution was only saying that the State sought to have its Northern boundary fixed as both Congress and the State Convention intended to make it; and Congress, in accepting that provision and admitting the State into the Union with the boundary thus fixed, in the most direct and effective mode possible assented to such arrangement. Such contingent contracts are constantly occurring between parties, and no Court hesitates to enforce terms thus mutually agreed to. Then why should not a like agreement between the United States and a State be equally binding?
The views thus given on this question, while they have now no practical bearing, seem to be proper, as due to all parties concerned. The time has come, when the people on both sides of the line should be able to speak freely and frankly of differences in the past, and in the spirit of amity and mutual confidence, address themselves to the many important matters which they have and are to have in common. Who was right or who was wrong half a century ago, is now comparatively of small concern ; but how the affairs of the future may be made promotive of the highest possible welfare of all, is a matter of grave concern. It is just cause for common gratulation, that asperities arising from past antagonism, are gradually yielding to more considerate relations, with very little now left, outside the record, to indicate that differences ever existed.
312 - HISTORY OF TOLEDO AND LUCAS COUNTY.
A disposition to treat with levity the military operations connected with the so-called (( Toledo War," was shown in various ways and on many occasions, on both sides of the line, during and subsequent to their occurrence. Thus, when a bill to organize and discipline the militia of the State was before the Ohio Legislature, in February, 1837, Representative Quinby, of Portage County, moved to amend the enacting clause, by adding the following
Whereas, Our warriors, in days of yore,
Went forth from peaceful scenes,
To try the tug of furious War,
Amid the Wolverines ;
And Whereas, most villainous traps and snares
Were then prepared to catch them
Black Swamp to wallow unawares,
And briars and thorns to scratch them ;
And Whereas, most wondrous feats of arms
And legs, were then performed,
Whilst raging Owls rang forth alarms,
And the brambly-battle stormed;
Therefore, that we may emulate
Those deeds of chivalry,
And equal glories perpetrate,
Let it enacted be."
In March, 1835, a poet of the period, whose nom de plume was cc Bard of the Woods," gave freedom to his muse, in view of the threatening state of things between Ohio and Michigan. Samples of this production are here given, as follows
Most dire presages haunt my brain ;
Heart rending pangs I can't restrain,
In the dark glens of solitude.
Where nature wears her aspect rude
Where starving wolv s are heard to howl,
Or more plaintive cries the Screech Owl;
Or March's angry breaths that sweep
Hail, rain and scow full two feet deep.
I strive in vain to soothe my mind ;
Let what will happen, be resigned ;
But still, the thought my heart controls,
Now is the time to try men's souls.
Give a check to Governor Lucas,
Who seems, indeed, a second Brutus ;
And in despite of civil law,
Dares in peace the sword to draw,
The sheath, indignant, throw away,
And hasten to the mad affray.
Celestial Dame, suppress your sorrow ;
Let us not our troubles borrow.
This son of Mars-this man of thunder
On the Maumee may soon knock under.
I frankly own I am some frighted,
While others seem so much delighted,
To see his vassal band preparing
For the enterprise so daring.
YOUNG TOLEDO! RISE TO FAME!
Mart of the Western World should claim
Homage of all the ports around
Her wealth and power know no bound;
More mighty far than ancient Rome,
Stand by inherent power alone.
But oh ! methinks I see them dashing!
Hear pistols pop ! and swords a-clashing !
While first to last many oppose,
With eyes plucked out or bloody nose;
Whose horrid threatening or grimace
Convince they'll die or keep their place.
The first of April is the clay,
For Ohio bravos to display.
According to all ancient rules,
No doubt they'll all be " April Fools."
Farmer's History of Detroit has the following Michigan "War Song" of the period
Old Lucas gave his order all for to hold a Court,
And Stevens Thomas Mason, he thought he'd have some sport.
He called upon the Wolverines, and asked them for to go
To meet this rebel Lucas, his Court to overthrow.
Our Independent Companies were ordered for the march;
Our Officers were ready, all stiffened up with starch;
On nimble footed coursers our Officers did ride,
With each a pair of pistols and sword hung by his side.
In the same volume it is stated, that "the troops from Detroit came home on the Steamboat General Brady, and the day (September 10th) being the anniversary of Perry's victory, they celebrated that, instead of the one they did not win."
In this connection, Mrs. L. H. Sigourney's Lines on the Admission of Michigan into the Union, givin " Miss Columbia's " welcome to that young member of the National Household, will be appropriate. It was written for the Knickerbocker Magazine in 1836, and was as follows:
Come in, little Sister, so healthful and fair,
Come, take in our Father's best parlor a share.
You've been kept long enough at the nurse's, I trow,
Where the angry Lakes roar, and the Northern winds blow.
Come in-we've a pretty large household, 'tis true,
But the twenty-five Children shall make room for you.
A present, I see, for our Sire you have brought.
To add to his dessert-how kind was the thought
A treat of ripe berries, both crimson and blue,
And wild flowers to stick in his button-hole, too;
The rose from your prairie-the nuts from your tree
What a good little Sister!-come hither to me.
You've a dowry, beside, very cunningly stored,
To fill a nice cupboard, or spread a broad board ;
Detroit, and Chicago, Ann Arbor, and more
For the youngest, me thinks, quite a plentiful store ;
You're a prog, I perceive-It is true to the letter,
And your sharp Yankee Sisters will like you the better.
But where are your Indians, so feeble and few
So fall'n from the heights where their forefathers grew ?
From the forests they fade-o'er the waters that bore
The names of their baptism, they venture no more:
Oh, soothe their sad hearts, ere they vanish afar,
Nor quench the faint beam of their Westering Star!
Those Ladies who sit on the sofa so high,
Are the stateliest dames of our Family ;
Your thirteen Old Sisters-don't treat them with scorn
They were notable Spinsters before you were born ;
Many stories they know, most instructive to hear
Go, Make them acourt'sy, 'twill please them, my dear.
They can teach you the names of those great men to spell,
Who stood at the helm, when the war-tempest fell;
They will show you the writing that gleamed to the sky,
In the year Seventy-Six, on the Fourth of July,
When the flash of the Bunker-hill flame was red,
And the blood gush'd forth from the fields of dead.
There are some who may call them both proud and old,
And say they usurp what they cannot hold!
Perhaps their bright locks have a sprinkle of gray
But then, little Michy, don't hint it, I pray !
For they'll give you a frown, or a box on the ear,
Or send you to stand in the corner, I fear.
They indeed bore the burden and the heat of the day,
But you've as good right to your penny as they,
Though the price of our Freedom they better have known,
Since they paid for it out of their purses alone ;
Yet a portion is saved for the youngest, I ween,
So, hold up your head, with the " Old Thirteen."