250 - Major Stickney a Prisoner. In addition to these outrages upon the official surveying; partly were numerous flagrant assaults upon individuals, as the following letters evince: MONROE PRISON, May 6th, 1835, Dear Sir :—Here I am, peeping through the grates of a loath some prison, for the monstrous crime of having acted as the judge of an election within the State of Ohio. From what took place the other day, at Port Miami, at a conference between yourself and the Commissioners of the United States. wherein we had the honor of being present, we were led to believe that a truce at least would be the result. In this we were again deceived. I left my residence in Toledo in company with a lady and gentleman, from the interior of Ohio, to visit my friend A. E. Wing, of Monroe, and others, conceiving that respect for the ordinary visits of hospitality would have been sufficient for my protection under such circumstances. But vindictiveness is carried to such extremes, that all the better feelings of man are buried in the common rubbish. The officer who first took me, treated me in a very uncivil manner; dragging me about as a criminal through the streets of Monroe, notwithstanding there are a number of exceptions to this virulent mass. On board the boat we took passage from Toledo to Monroe, were Messrs. Rush and Howard, on their way to Washington. They will make favorable mention of the extreme forbearance of Ohio. At eight o'clock this morning, we saw and shook hands with the Governor of these movements (Mason), and his General (Browu), in Monroe, just leaving for Detroit. It is presumable that they directed those outrageous transactions. 7th, 7 o'clock A. M.—Have been here fourteen hours, and uo refreshment of any kind yet furnished. It appears probable that it is intended to soften us by starvation. Those bands of ruffians of the United States, hanging upon the northern border of Ohio, require chastisement. It is to behoped that the United States will take speedy measures to reduce them to sub mission. They have become very troublesome to the Western States, as you are fully aware, and the State of Ohio particularly, making inroads by night and by day in large gangs, and committing dep re- dations upon the peaceable population—kidnapping and abducting individuals who have become offensive to them. Whether the United States undertake the subduing of these lawless desperadoes, or leave the State individually to defend themselves, it will require a large force. We cannot but hope that the United States or the State to which I belong, will not permit our individual suffer ings to urge them to any measures that may not be consistent wit an enlarged view of the rights of the United States, or the individual States. I have the honor to be, sir, your very obedient servant, F. STICKNEY His Excellency Robert Lucas, Governor of the State of Ohio. N. Goodsell a Prisoner - 251 TOLEDO, May 23d, 1835. Sir: - In compliance with your request. that I should forward to you at Columbus, an account of my abduction, I send you the following On the morning of the 8th of April, at about two o'clock A. M., I was awakened by a heavy knocking at my door. I got up, raised a window ; at the same time I discovered a number of persons standing near the door. I demanded what they wanted. They answered they wanted to come into the house. I demanded what their business was, and by what authority they appeared there. But they made no reply to any of my interrogatories ; but replied if I did not open the door, they would break it. I replied if that was their business, I should treat them accordingly—that the door was fast and I should defend it. I drove them once from the door, when many of them went to the back part of the house and I repaired to that part for defence. While there, they made another attempt to force that door, in which they succeeded. I returned to the front and found the inmates so mixed with the assailants, that I could not defend it successfully, without endangering them, as it was too dark to distinguish one from another, only by voice. I was overcome by force and treated very roughly, as was also my wife, who had left the house to alarm the neighbors ; but was overtaken by the kidnappers and treated with violence and insolence. I was taken back into the woods, where there were many horses in readiness, and ordered upon one of them and hurried of in the direction of Monroe. My journey was rendered unpleasant by the insolence of some of the party, and my life jeopardized by being obliged to ride upon a horse without a bridle ; which horse being urged from behind, became frightened and ran with me until I jumped from him. I arrived at Monroe, and was detained there until next day, as they refused me any bail except from day to day. I was taken before the Grand Jury, then in session, and questioned concerning our meeting the offrcers, etc., etc. During the second day a large military force, or posse, was raised, armed and started for Toledo. After they had gone nearly long enough to have reached Toledo, I was admitted to bail, and returned—passed the force on the road—inquired of the Sheriff whether that was to be considered an armed force or a Sheriff's posse. He answered that he considered it a posse at that time, but .t was so arranged that it might be either—as circumstances should require; that General Brown and aid were along, who would act in case they assumed a military force. I was informed that they had One wagon loaded with United States arms, and one loaded with ammunition, and saw the wagons which were said to be loaded. When about half way from this place to Monroe, on the morning of my abduction, our party was joined by the one having Mr. McKay in custody, who had also been abducted, or made prisoner as they 252 - Mr. Way’s Statement Resumed termed it. About his person there were marks of violence. He rode with his feet tied under the horse; and one of the party told me he volunteered to go to Toledo that he might have an opportunity of gratifying an old grudge he had against Mr. McKay. I am, sir, yours respectfully, N. GOODSELL. His Excellency Robert Lucas, Governor and Commander-in-Chief of the State of Ohio. "The Commissioners had commenced their work at the north west corner of the State. General Brown had sent scouts through the woods, to watch their movements and to report when they found them running the line. When the surveying party had got within the county of Lenawee, the under-sheriff of that county, with a warrant and posse, made his appearance to arrest them. He arrested al portion of the party; but the Commissioners and Surveyor Dodge made a timely escape, and run with all their might until they got off the disputed territory. They reached Perrysburg the next cloy with clothes badly torn ; some of them hatless, with terrible looking heads, and all with stomachs very much collapsed. They reported that they had been attacked by a large force of Michigan militia under General Brawn, and had been fired upon and had just escaped with their lives ; and that they expected the balance of their party were killed or prisoners. They formally reported these facts to Govvernor Lucas and he reported them to the President. "The President sent a copy of the report to Governor Mason and directed him to send him a statement of the facts in regard to the treatment of the boundary Commissioners, by the officers engaged in the transaction complained of Governor Mason wrote General Brown informing him of the communication from the President, and requested him to forward a report from the officers engaged, containing a detailed statement of what had been done, that he could forward it for the information of the President. General Brown forwarded his report from William McNair, under, sheriff of Lenawee county, with his indorsement on the back in these words : 'In consequence of reports being circulated through Ohio that the Boundary Commissioners had been fired upon by the Michigan military when the officers made the arrest, a statement was officially made by the under-sheriff of Lenawee county who made the arrests, to the acting Governor of Michigan Territory to correct such false reports,' Public Sentiment in Ohio - 253 “The breaking up of the surveying party and the report they made of the treatment they had received, produced great excitement throughout Ohio. The press spread the news with such comments as corresponded with their views. Most of the papers advocated the course of the Governor, and severely condemned the conduct of Michigan. However, some few of the Whig or anti-Democratic in politics, took an opposite view, and condemned severely the conduct of Governor Lucas and those who sided with him. They treated the proceedings on the part of the authorities of Ohio as ridiculous and calculated to bring the State into disgrace. But the number of these presses that spoke freely against the course pursued by the State, were very few. Governor Lucas, finding it impracticable to run the line or enforce jurisdiction over the disputed territory, as proposed by Messrs. Rush and Howard, called an extra session of the Legislature to meet on the 8th of. June. That body passed an act to prevent the forcible abduction of the citizens of Ohio.' The act had reference to counteracting the previous acts of the Legislative Council of Michigan, and made the offense punishable in the penitentiary not less than three nor more than seven years. An act was also passed to create the new county of Lucas out of the north part of Wood county, and embracing the disputed territory north of it, and a portion of the northwest corner of Sandusky county. It attached the county to the Second Judicial Circuit, made Toledo the temporary seat of justice, and directed the Court of Common Pleas to be held on the first Monday of September then next, at any convenient house, in Toledo. " An act was also passed, making appropriations to carry into effect all laws, in regard to the northern boundary. Three hundred thousand dollars were appropriated out of the treasury, and the Governor was authorized to borrow three hundred thousand more on the credit of the State. A resolution was adopted inviting the President to appoint a Commissioner to go with the Ohio Commissioners, to run and re-mark the Harris Line. "These proceedings changed the issue. The proceedings of the previous regular session of the Legislature, made Richard Roe or Michigan, defendant, but now the United States became defendant as claimant of title in fee. The determined attitude of Michigan to prevent Ohio from exercising any authority over the disputed territory, aroused a feeling of State pride that could not well brook the idea, that the thinly populated Territory of Michigan, with her 254 - Toledo Punished for Fidelity to Ohio's Cause. stripling Governor, should successfully defy Old Governor Lucas, and the military power of a State of a million' inhabitants. Governor Lucas, through his Adjutant General, Samuel C. Andrews called upon the Division Commanders to report as soon as possible' the number of men in each Division that would volunteer to sustain him in enforcing the laws over the disputed territory. Fifteen out of seventeen Divisions into which the State was divided, reported over ten thousand men ready to volunteer. About two thousand men were estimated for the two Divisions that did not report. These proceedings on the part of Ohio exasperated the authorities of Michigan. They dared the Ohio million to enter the disputed ground ; and welcomed them to hospitable graves-' Prosecutions for holding office under the laws of Ohio, were conducted with greater vigor than ever. For a time, the people of Monroe county were kept busy in acting as the sheriff's posse, to make arrests in Toledo. The commencement of one suit would lay the foundation for many others. Probably there is no town in the West (always excepting Lawrence, in Kansas) that has suffered more for its allegiance to its government than Toledo. "The partisans of Ohio were continually harassed by the authorities of Michigan for the greater part of the summer of 1835. An attempt was made by the authorities of Ohio to retaliate in kind ; but for some reason or other the accused would manage to escape into Michigan proper, or hide at home. Whenever the sheriff of Wood county attempted to make an arrest, there would generally be spies watching his coming and communicate the fact to the accused persons in time to hide, or make their escape out of the place. The town was kept in a great uproar much of the time in watching the movements of the Bailiffs of Monroe and Wood counties." The following letter, and proceedings of a public meeting, though out of their chronological order, are given to exhibit the policy and disposition of Michigan : TOLEDO, WOOD COUNTY, Ohio, March 1st, 1835. His Excellency Robert Lucas, Governor of Ohio : Sir :—At the request of a large number of my fellowvcitizen& I hasten to advise you of the aspect of our affairs in this quarter of the State, that your Excellency may adopt such measures to protect their rights and maintain the laws of the State, as under existrng circumstances may be deemed necessary. A notice was last week issued, calling a meeting at Tremains ville, of " the citizens of that portion of the State of Ohio Andrew Palmer to Governor Lucas - 255 lying north of an east and west line drawn through the southern extreme or bend of Lake Michigan, and which had heretofore been the temporary jurisdiction of the .Territorial government of Michigan.” The object of this meeting was to spread intelligence among the people, and to prepare them for the extension of the jurisdiction of the State to its entire constitutional limits, and to Guard against any chance of division by the industrious efforts of Certain emissaries, who had been sent out by. the acting Governor of Michigan to create an interest in favor of the Territory, and to prevent the operation of the laws of Ohio. The meeting assembled yesterday afternoon, to the number of some three hundred persons. A deputation was sent out from Michigan, consisting of General Brown, of Lenawee county ; General Humphrey, of Monroe; Mr. Bacon, of the Legislative Council, and a number of the judicial and military officers of Monroe county, ostensibly to confer and consult with our citizens, but whose real object was to overawe and divide our meeting. As the nature of their visit was understood, a resolution was unanimously passed, at the commencement of the meeting, inviting all strangers, who might feel any interest in its proceedings, to attend ; but declaring it " indecorous, improper, and out of order" for any persons, to take part in its deliberations who was not interested as a resident of Ohio, or called by the language of the notice under which we had assembled. Notwithstanding this decisive and unanimous resolution of our citizens, repeated efforts were made by General Brown, through his associates, to get a hearing from our audience and to procure the reading of an order from the acting Governor of Michigan. It at length came into the hands of a; citizen, who happened to be in the Michigan interest, and who had just received a commission from Governor Mason, and the order was by him offered to the meeting, and permission asked to read it aloud ; but as soon as the signature was discovered, it was indignantly rejected by the meeting, and its reading declared out of order, according to the spirit of our first resolution. The purport of this order, as I afterwards learned, was certain instructions from acting Governor Mason, to General Brown, to proceed forthwith to this place, and other towns in the northwestern part of Ohio, and to ascertain what public officers were in the interest of the State, for the purpose of having them removed, and replaced by others more loyal to the cause of Michigan. And if, after all his efforts, he could not create a division, or raise a party among our citizens, sufficiently strong to maintain the laws of Michrgan, then to raise a posse and proceed forthwith with the public authorities of the adjacent counties, and forcibly support the jurisdiction of Michigan, and, particularly, to put into effect the late unconstitutional and unprecedented enactments of the Legislative Council of the Territory, subjecting our citizens to a fine or one thousand dollars and imprisonment at hard labor, for a term of five years, if they should so far assert their rights as to 256 - Meeting at Toledo. receive or hold a commission under the State, from whose constitution they had a right to claim protection. But notwithstanding all this, and in the very presence of these very gentlemen who had come to promulgate these mandates—to put into execution the instructions, and to overawe the populace—when the special mes- sage of your Excellency, and the resolutions and enactments of the General Assembly of Ohio, extending to them their rights as citizens of the State, and the protection of its laws, were read, the meeting strongly and firmly resolved to support the laws and constitution of Ohio. To this resolution there were but four or five voices in the negative. After the meeting had adjourned, General Brown read his order to the populace, and assured them that the laws of Michigan should be enforced, an that before the State of Ohio should extend her jurisdiction over this part of her constitutional limits, she would have to march over the dead bodies of that portion of her citizens who had heretofore been under the jurisdiction of Michigan. Every effort has been made' by General Brown and his emissaries to create divisions and intimidate our citizens. For this purpose threats were used—the aid of the General Government was freely pledged to those who would come out on the side of Michigan—and where intimidation and threats failed to produce the effect, commissions were freely offered and granted. I herewith send you the last number of the "Michigan Sentinel," from which your Excellency will be able to gather the feelings and sentiments of the citizens of that part of the Territory upon the subject, which, from its immediate vicinity, and from its former relations to us, has it in its power materially to harass and oppress our citizens. With sentiments of deepest respect, I am, sir, your Excellency's obedient servant, ANDREW PALMER. MEETING AT TOLEDO. An adjourned meeting of the citizens of Toledo was held in the village, at the house of J. B. Davis, on Friday, April 10th, 1835, to take into consideration what further arrangements were proper to protect the citizens from lawless aggression and violence. After a few remarks from several gentlemen present, it was Resolved, That a committee be appointed 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 under her laws and constitution, and to consult and concert such measures as may be proper and expedient. Governor Lucas calls an Extra Session - 257 Resolved, further, That said committee consist of such officers as, lender the recent penal enactments of the territorial council. of Michigan, have rendered themselves liable to the laws of the territory; that by personal consultation and advice, they may be prepared to act both with prudence and decision. Adjourned. JOHN BALDWIN, Chairman.. BAXTER BOWMAN, Secretary. Governor Lucas finding it impracticable to run the line or enforce jurisdiction over the disputed territory called an extra session of the Legislature on the 8th of June, and issued a message, from which the following is an extract : "It appears to me the honor and faith of the State is pledged, in the most solemn manner, to protect. these people in their rights, and to defend them against all outrages. They claim to be citizens of Ohio. The Legislature by a solemn act has declared them to be such, and has required them to obey the laws of Ohio, which, as good citizens, they have done ; and for which they have been persecuted, prosecuted, assaulted, arrested, abducted and imprisoned. Some of them have been driven from their homes in dread and terror, while others are menaced by the authorities of Michigan. These things have been all done within the constitutional boundaries of the State of Ohio, where our laws have been directed to be enforced. Are we not under as great an obligation to command respect and obedience to our laws adjoining our northern boundary as in any other part of the State? Are not the inhabitants of Port Lawrence, on the Maumee of Bay, as much entitled to our protection as the citizens of Cincinnati, on the Ohio river ? I feel convinced they are equally as much. Our commissioners appointed in obedience to the act of the 23d of February, while in discharge of the duty assigned them, were assaulted while resting on the Sabbath day, by an armed force from Michigan. Some of the hands were fired on, others. arrested, and one Colonel Fletcher is now incarcerated in Tecumseh, (as will be seen by his letter,) and for what ? Is it for crime ? No ; but for faithfully discharging his duty, as a good citizen of Ohio, in obedience to our laws. These outrageous transgressions demand your most serious consideration, and I earnestly recommend, and confidently hope, that such measures will be adopted as will afford protection to our citizens; provide for the relief of those who have been arrested, and bound under recognizances; and for the liberation - 17 - 258 - Governor Lucas' Message. of those who are imprisoned; as also or the indemnity of those who haye suffered loss in consequence of their obedience to the laws of Ohio; and, in an especial manner, for the more prompt execution of our laws, and the punishment of those who have violated then]. You may rest assured that whatever course you may direct, will be promptly pursued by the Executive, and that all your laws shall be faithfully executed, as far as his power extends; but, for their Abe. tual enforcement, you have to furnish him with the necessary means. "In the documents annexed for your inspection and consideration will be found all the correspondence of the Executive relative to carrying into effect the act of the 23d of February; which embraces the correspondence with the Department of State at Washington ; the communications received from Messrs. Rush and Howard, United States Commissioners ; the opinion of the Attorney General of the United States ; the correspondence with the Surveyor General of the United States, together with sundry documents relative to running the northern boundary of Ohio ; the field notes of the survey of the line run by Mr. Harris, under the direction of the Surveyor General of the United States ; a letter from Governor Cass objecting to Harris' line, with the Surveyor General's reply, contending that that line was run in accordance with the act of Congress, and was the true northern boundary of Ohio, together with sundry other letters relative to the subject of our boundary, and the extension of our jurisdiction, all worthy of a minute investigation.  " The subject of our northern boundary has excited considerable attention throughout the nation, and as far as can be learned from the tone of the papers, great exertions are making to raise feelings unfavorable to Ohio, forestalling public opinion to her prejudice, without reference to the merits of our claim, and all principally upon the ground that Ohio is a great, powerful State; Michigan a weak and small territory, (while in fact Michigan has a greater extent of territory than Ohio.) This appears to be the substance of every argument from the beginning to the end of this controversy. We find it in the first letter of Governor Cass to the Surveyor General; so early as 1817. We also find it in the arguments of the ex--President in the last Congress, as well as in all the intermediate arguments. But what is the true state of the case ? Ohio has oppressed nobody--she claims no territory more than what is defined in her constitution ; while, on the other hand, we find the Governor Lucas' Message - 259 territory of Michigan (who can have no legitimate claim to sovereignty, as her government, at any time, may be dissolved by Congress, and the territory north of Ohio attached to this State) exerting all the power of her temporary or territorial government, to oppress the small village of Toledo, punishing its inhabitants, not for crime, but for claiming their constitutional rights. In this transaction we see the great and powerful city of Detroit, aided by the the authorities of the territory united to oppress and weaken the small village of Toledo, on the Maumee Bay. But the true parties in the controversy are the United States and the State of Ohio ; and let me ask which is the weaker party in this controversy ? Surely it will not be contended that the great and gigantic State of Ohio (as she has been tauntingly called) is about to weaken the United States, by claiming her constitutional rights ; or that, by enforcing these, her just claims, she would be making the weak weaker, and the strong still more powerful, according to the arguments of onr opponents. Arguments of this kind. may suit those who wish to avoid the truth, to shun the light, and carry their point, right or wrong, by their diplomatic management ; but in my view these arguments are too contracted to meet the approbation of liberal-minded statesmen. Is not Ohio a member of the Union ? Does not she form a component part of the United States ? Will not any measure calculated to promote the prosperty of Ohio also promote the prosperity of the United States ? Why, then, should jealousy be excited against Ohio ? Why the extreme exertions of many editors of newspapers, and other individuals, in some of the States, to forestall public opinion, and make impressions unfavorable to Ohio, without, examining the justice of our cause ? Is this course liberal ? Is it just ? We think not. " With a desire to ascertain all the facts connected with the controversy relative to our northern boundary, I have devoted what time I could spare from other duties, to a minute examination of the subject. In doing this, I collected extracts from all the original charters by which the territory northwest of the river Ohio was originally claimed ; also from the several deeds of cession, resolutions of Congress, ordinances and acts relative to the territory northwest of the river Ohio, the organization of temporary or territorial government, and the formation of States therein ; all which extracts will be submitted to your consideration, as an appendix to this comvmunication. These extracts will present to you a full view of the 260 - Governor Lucas’s Message subject, and must have a tendency to confirm all who examine them dispassionately, in the opinion that the. claim of Ohio is just and incontrovertible. By them it will be seen that the territory now claimed by Michigan was originally included in the grant to Connecticut, and that that State did not cede her right of jurisdiction to the United States over that portion of territory bordering on the lake, and known as the " Western Reserve," till the year 1800, many years after the .Ordinance of 1787 was passed ; which Mr. Adams declared, in his famous speech in the last Congress, " to be as unalterable as the laws of nature;" yet the line contended for by Michigan, agreeably to said Ordinance, would run east through that district of country to which Congress had no claim, either of soil or jurisdiction, at the time this Ordinance was passed. The more I examine the subject, the more convinced I am that our claim is just and incontrovertible; that it is a settled question ; and that we are under as solemn an obligation to maintain our jurisdiction over the town of Port Lawrence, on the Maumee Bay, as we are to maintain it over any township on the Ohio river. " Gentlemen, the whole subject is now before you for consideration. The question necessarily arises, what shall be done ? Shall we abandon our just claim, relinquish our indisputable rights and proclaim to the world that the acts and resolutions of the last session of the General Assembly were mere empty things ? Or, rather, shall we not (as was declared in said resolutions to be our duty) prepare to carry their provisions into effect ? The latter, I doubt not, will be your resolution ; and I trust that by your acts, you will manifest to the world that Ohio knows her constitutional rights ; that she has independence enough to assert them ; and that she can neither be seduced by flattery, baffled by diplomatic management, nor, driven by menaces from the support of those rights. And, gentlemen, you may rest assured, that whatever measures, in your wisdom, you may direct, will be faithfully pursued by the Executive, to the full extent of his constitutional power, and the means that may be placed under his control. " Very respectfully, &c., " ROBERT LUCAS." "COLUMBUS, O., June 8th, 1835:" Attempt to Arrest Two Stickney - 261 This session of the Legislature passed as act “to prevent the forcible abduction of the of the citizens of Ohio." The act had reference to counteracting the previous acts of the Legislative council of Michigan, and made the offense punishable in the penitentiary not less than three nor more than seven years. An act was also passed to create the new county of Lucas out of the north part of Wood county, and embracing the disputed territory north of it and a portion of the northwest corner of Sandusky county. It attached the county to the Second Judicial Circuit, made Toledo the temporary seat the of justice, and directed the Court of Common Pleas to be held. on first Monday of September following, at any convenient house. Frequent arrests and imprisonments in the Monroe jail occurred. An attempt to arrest Two Stickney, and to re-arrest McKay, proved ineffectual, as is seen by the following affidavit : TERRITORY OF MICHIGAN, ss. Monroe County, Personally came before Albert Bennett, a Justice of the Peace within and for the county aforesaid, Lyman Hurd, who being duly sworn, said that on the 15th day of July, 1835, this deponent, who is a constable within the county aforesaid, went to Toledo in said county, for the purpose of executing a warrant against Geo. McKay, in behalf of the United States. This deponent was accompanied by Joseph Wood, deputy sheriff of said county. Said Wood bad in his hands a warrant against Two Stickney. This deponent and said Wood went into the tavern of J. B. Davis in the village of Toledo, where they found said Stickney and McKay. This deponent informed McKay that he had a warrant for him, and there attempted to arrest McKay. The latter then sprang and caught a chair, and told this deponent that unless he desisted, he would split him down. This deponent saw McKay have a dirk in his hand. At the time this deponent was attempting to arrest McKay, Mr. Wood attempted to arrest Stickney. Wood laid his hand on Stickney's shoulder, and took him by his collar and after Wood and Stickney had scuffled for a short time, this deponent saw Stickney draw a dirk out of the left side of Wood, and exclaim, "There, damn you, you have got it now.'' This deponent then saw Wood let go from Stickney, and put his hand upon his side, apparently in distress, and went to the door. This deponent asked Wood if he was stabbed. Wood said, very faintly, that he was. This deponent then went with Wood to Ira Smith's tavern. A physician* was then called in on the request of Wood. The physician thought it doubtful whether Wood recov — * Dr. Jacob Clark, yet a citizen of Toledo, 262 - An Ohio Mission to Washington. ered. This deponent thinks there were from six to eight persons present at the time this deponent and Wood were attempting to arrest McKay and Stickney. None of them interfered. At the time Wood informed Stickney that he had a precept against him. Stickney asked Wood whether his precept was issued under the authority of Ohio or Michigan. When Wood showed him the warrant, Stickney said he should not be taken ; but if it was under Ohio, he would go. This deponent thinks that at the time Wood was stabbed, it was between three and four o'clock in the afternoon, and this deponent remained there about three hours. Before this deponent left, the inhabitants of Toledo, to the number of forty or fifty, collected at Davis' tavern. This deponent was advised, for his own safety, to leave the place, and also by the advice of Wood, he returned to Monroe, without having executed his precept. And further this deponent saith not. LYMAN HURD. Subscribed and sworn to before me, this sixteenth day of July, one thousand eight hundred and thirty-five. ALBERT BURNETT, J. P. These proceedings were reported by Governor Mason, to President Jackson, who was strongly impressed with the necessity of interposing some check to the evident tendency towards serious trouble. Governor Lucas, perceiving considerable uneasiness at Washington, for the peace of the country, had sent to Washington, N. H. Swayne, W. Allen, and D. T. Disney, to confer with the President on the subject of the boundary difficulties. The result of this mission was the urgent appeal of the President for " the mutual suspension until after the next session of Congress, of all action that would by possibility produce collision, and the assurance of an earnest recommendation would be immediately sent to the acting Governor of Michigan, and the other authorities of the Territory, whom he can rightfully advise in the performance of their duty, that no obstruction shall be interposed to the re-marking of ' Harris Line;' that all proceedings already begun under the act of February, shall be immediately discontinued ; that no prosecution shall be oommenced for any subsequent violations of that act, until after the next session of Congress, and that all questions about the disputed jurisdiction shall be carefully avoided, and if occurring inevitably, their discus sion shall be postponed until the same period." Close of the Controversy - 263 “The arrangement of the 3d of July, made with Messrs. Swayne, Allen. and Disney, defined the base of operations for Ohio. She now had the direct promise of the President that he would advise that no obstruction shall be interposed to the re-marking of the “Harris Line, etc." Yet, the authorities of Michigan entirely disregarded these arrangements, and the final adjustment of the difficulty was not effected until the next session of Congress, when, on the 15th of June, 1836, Michigan was admitted into the Union with her southern boundary next to Ohio limited to the Harris Line, and the disputed territory was given to Ohio. Congress gave Michigan the valuable mineral lands adjoining Lake Superior, to make up the loss of the territory given to Ohio." Thus, through the ascendency of conciliatory and statesman-like strife counsels prevailing at Columbus and Washington, this angry was happily settled, and tranquil and fraternal relations have since prevailed between the citizens of the States of a Ohio and Michigan. The Toledo Blade, of June 29th, 1836, contains the proceedings of a meeting held on the Saturday previous (25th of June), convened to celebrate the settlement of the boundary question. As illustrating the temper of the people, at that date, the report states that, agreeably to previous arrangements, the day was ushered in at sunrise by the firing of cannon and ringing of bells. Appropriate banners were waving from the windows of the different hotels and public buildings. The firing was kept up at intervals during the morning. At three o'clock, P. M., the citizens and many distinguished strangers present, assembled at the Mansion House, and having formed a procession, proceeded to the school house, where a short but appropriate address was delivered by Emery D. Potter, Esq. After the address, the procession returned to the Mansion House, and partook of a dinner which had been prepared for the occasion, in Mr. Segues best style. The cloth having been oved, the following toasts were drank, and sentiments given, which were severally received and cheered in the most enthusiastic manner by the company. The first toast was the following, given by J. B. Macey, of Buffalo : The citizens of Toledo.—The present growth of this village is a true indication of their enterprise and industry. May it continue until Toledo shall be the great city of the proud State of Ohio. Toasts were also given by W. J. Daniels, Hon. Joel McCullum, of Lockport, New York; Andrew Palmer, General McLaughlin, of the 264 - Toledo in 1816. Ohio Senate; E. D. Potter, Rev. Mr. Bradburn, of Nantucket, Rhode Island ; A. J. Underhill, of New York ; Dr. George* R. Perkins, S. R. Beardsley, of Otsego county, New York ; Dr. H. B. Stillman, John J. Newcombe, George H. Rich, Roswell Cheney, and others. Appropriate addresses were made by Messrs. Beardsley and Potter, and also by Judge John T. Baldwin, President of the day, TOLEDO IN 1816. Judge Baldwin said : "Gentlemen, I .have long looked for this day. I have sometimes thought that I should not live to see it ; but I have lived to see justice, although tardy in her movements, at last triumphant. I came here twenty years ago, when there was nobody here but Indians, except Major Stickney. I used to wander along down through the bushes to meet him, when we would talk this subject over as a matter of diversion, for we were so weak that we could do but little else, as nobody seemed to pay much attention to what we said, there being but two of us living on the disputed ground.'" CHAPTER V. THE " LOG-CABIN," OR " HARD CIDER" CAMPAIGN OF 1840. There can exist no reason why the people of the Maumee Valley, whose impulses inclined them to hero worship, should not have been ardently attached to the fortunes of General Harrison, whose mili- tary capacity, after he became invested with the command of the Northwestern Army, retrieved former disasters, and gave security to the exposed frontier. Their support of him, as against any other party or candidate, became almost a duty. At this distance of time, and when the issues involved in that contest have perished, the writer of this, who favored the election of Mr. Van Buren, who was a statesman and not a soldier, can afford to say this without making any apology for the choice he then made. The election of 1840 was one characterized by features which had no precedent in popular movements, in this or any other country recognizing the people as the source of power in the State. William Henry Harrison, of Ohio, and John Tyler, of Virginia, were nominated by a Whig Convention, which assembled at Harrisburg, Pennsylvania, for the Presidency and Vice Presidency of the United States, December 4th, 1839. The candidates of the Democratic party, in competition with this ticket, were Martin Van Buren, of New York, and Richard M. Johnson, of Kentucky. General Harrison, although a native of Virginia, was a Western man—had been conspicuously identified with all the conflicts with the Indians, commencing when but twenty-one years of age as aid to General Anthony Wayne, in 1794, and closing as Commander-inChief of the Northwestern Army, with the brilliant victory over the combined British and Indian forces at the battle of the Thames, is Canada, in 1813. These were the candidates. After the nomination of Harrison, a Washington correspondent of a Baltimore paper, who subsequently 266 - The Political Campaign, or 1840. became a Harrison man, referred to the candidate of the Whig party as one whose habits and attainments would secure him the highest measure of happiness in a log cabin with an abundant supp,ly of hard cider. This ill-chosen and hapless phrase was seized upon by the crafty politicians of the other side, and made to for form the key note of the campaign. Log cabins, constructed after the frontier style of rude architecture, their walls ornamented with coon-skins, and their interior abundantly supplied with cider, which was generally drank from gourds, constituted the " wigwams” where all the in-door gatherings of the Whigs were held. The space on State street, now occupied by the Atheneum, opposite the State House square, embracing an area of one hundred and fifty by one hundred and eighty-eight feet, was occupied by a log cabin, constructed by the joint personal efforts of Alfred Kelly, Thomas Ewing, Noah H. Swayne, Dr. Goodale, Michael Sullivant, William Neil, and others. On the eve of the anniversary of Washington's birthday, (21st February, 1840,) the campaign, on the part of Harrison's friends, was opened in Ohio by an illumination of all Whig dwellings in the Capital. Columbus then had a population of six thousand. The number of transient visitors who participated in the celebration of the following day, exceeded in number more than three-fold the then residents of the city,—the largest number that had ever at that time been massed at Columbus. Every hotel and boarding house was crowded to its utmost, and the hospitality of the citizens, and especially of the Whig families, had no limit. The weather was unusually inclement. Heavy rains had swollen the streams, and the principal streets between the sidewalks were covered with a depth of mud that reached, on an average, near to one's ankles But the ardor of the enthusiastic processions was not dampened by these discomforts ; and above the angry voice of the elements rose the triumphant peal of loud mouthed cannon and exultant strains of twenty bands of music The Maumee Valley poured out its legions in this monster meeting. From the description of the procession published in the Columbus (Ohio) Confederate and Old School Republican, edited by that most estimable gentleman, recently deceased, John G. Miller, Esq., is extracted the following relating to the representation from Northwestern Ohio : The Political Cannpaign of 1840 - 397 “There is indeed an attractive object. That is Fort Meigs. The imitation is perfect. How fraught is it with engrossing and impressive history ! How much does it tell of the gallant man who at this moment occupies the thoughts and the hopes of his country-men! It was no common zeal which stimulated the feelings of those who constructed that fabric—and well have they perfected the design. Those six fine horses which draw the interesting burden have imbibed the very spirit of Fort Meigs ;—mark the dignity of their motion, and the military precision of their steps. The length of the fort is twenty-eight feet—its embankments six inches high, surmounted by piquets of ten inches.' Its garrison is forty men. The block houses, seven in number. The whole structure is a beautiful as well as perfect representation of the spot where Harrison achieved a victory which has incorporated his name and those of the brave men whom he commanded with the never-dying glory of his country. Observe those guns—twelve cannon, with appropriate mountings—are properly disposed at the batteries,' and that little ' brass spokesman, cast at the Toledo foundry,' is about to tell its iron tale' in imitation of its illustrious predecessors,' which spoke to fearful and destructive purpose in May, 1813. Look at those flag-staffs, thirty feet in height. See floating from the foremost of them, that signal of virgin white, and read the inscription it displays : ‘FORT MUMS, Besieged May, 1813. ' Tell General Proctor when he gets possession of the Fort, he will gain more honor, in the estimation of his King and country, than he would acquire by a thousand capitulations.' And on the streamer of the other are the last words of the brave, expiring Lawrence—" Don't give up the ship ! " And yet another banner flies at the extremity of the fort which, addressing the leaders of faction, advises them that they are " weighed in the balance and found wanting." But details of this memorable affair can not here be given. One resolution adopted by the great meeting is, in conclusion, appended : “Resolved, That it be recommended to the young men of the States of Ohio, Kentucky, Indiana, Illinois, Michigan, Western New York, Pennsylvania and Virginia, to celebrate the next anniversary of the raising of the siege of Fort Meigs, in June, 1813, on the ground occupied by that fort.” 268 - The Political Campaign of 1840. In pursuance of this recommendation there assembled at the appointed time and ,place, a concourse of people variously estimated at from thirty-five to forty thousand, and embracing representatives from revery State and Territory in the Union. Probably never before or since, in the annals of the country, has there occurred a more enthusiastic or impressive pageant. All classes and conditions, rich and poor, aged and young, " fair women and and men" lent their presence and ardor. General Harrison's veterans and many of the country's rare statesmen, orators and humorists were there to honor, each in his own attractive way, the hero of the siege. The mer. chant left his counter, the farmer his fields, the mechanic his bench, to join in the shouts of applau4 and exultation, while cannon, mus- ketry, church bells and martial music rent the air again and again! Nature, too, smiled from her brightest sky upon the green banks, the glancing waters, the beautiful towns of Perrysburg and Maumee, the gleaming banners waving over the victory—honored fort and British batteries—all combining to give the celebration the pride and glory, if not magnificence, of a Roman triumph. General Harrison's speech on this occasion was more than usually elegant and scholarly. Of other names recorded among the speakers are Colonels Todd and Clarkson, of Kentucky, former officers under General Harrison during the siege ; Hon. Thomas Ewing ; General Woodbridge, of Michigan ; General Ford ; John R. Osborn, Esq., then of Norwalk, now of Toledo, who, on this occasion, rendered himself conspicuous in an effort which challenged the encomiums of some of the most distinguished persons present : Hon. Oliver Johnson, of Michigan ; Dr. Smith, of Monroe, Michigan ; Mr. Robert Schenck, of Dayton ; George C. Bates, Esq., of Detroit; Messrs. Dawson and Brooks, of Detroit ; Mr. Saxton, an old Revolutionary soldier, from Connecticut; James Fitch, of New York ; Hon. E. Cook, of Sandusky City, delivered a brilliant oration ; Mr. Chamberlain, a blacksmith, from Kinderhook, gave a humorous and witty discourse. ReNt. Joseph Badger, the Chaplain in 1813, eighty-five years of age in 1840, offered the opening prayer. Mr. Titus, of Toledo, was called upon for a song, and responded repeatedly to the loud encore. Conspicuous among the military was the battalion f'rom Buffalo, under Major Fay, embracing the Buffalo Flying Artillery, Buffalo City Guards, La Fayette Guards, Washington Guards, and Fredonia Guards ; the Toledo Guards, under the command of Captain C, W. Incidents relating to other Political Contests - 269 Hill, then one of the best drilled and equipped volunteer companies in the West ; the Cleveland Greys, under Captain Ingraham; the Summit Guards, from Akron. A company or Log-Cabin boys, in primitive uniform, from Geauga county, and an Indian company. The steamboats associated with this memorable day were, the " Commodore Perry," which brought the delegation from Buffalo the night previous, and on the mornit g made a trip to Toledo, returning with General Harrison, and laden with citizens ; "General Wayne," " United States." " General Scott," " Rochester," " Star," " Huron," " Macomb," " Jefferson," " Sandusky," " Commerce," Lady of the Lake," " Vance," and " Chesapeake." And here is closed a brief sketch of the most imposing popular demonstration that at that time had occurred in the United States. The ground, and many of the distinguished actors, were associated with some of the most interesting events recorded in American history. The following incidents relating to other political campaigns are appended : During the Presidential contest of 1856, David Tod, (who may be designated as " a politician at large " during that strife,) Alfred P. Edgerton, delegate for Congress, and F. C. Le Blond, who had been nominated for Common Pleas Judge, met at Kalida for the purpose of addressing a meeting of their political friends. Mr. Tod had been so unfortunate as to have had his satchel stolen, involving the loss not only of documentary matter, which formed much of the thunder, which he fulminated from the stump, but of his linen, and it so happened that by reason of considerable travel in the cars and over dusty roads, his only linen left him, then upon his person, was in a condition that would embarrass him in appearing before an audience composed of some ladies as well as gentlemen. In this dilemma his friends came to his aid. Edgerton produced from his baggage a clean shirt, which, though fitting his own person, wanted several inches to enable one of the more capacious form of Tod to crowd into. A knife, however, vigorously handled, soon effected an opening in the back, and a collar from Le Blond's stock of linen was made to reach something more than half the circumference of Tod's neck ; and thus appareled, he appeared upon the stand, and made the best showing he could under the circumstances. At 270 - Incidents relating to other Political Contests every slight pause in his speech, Le Blond, who was sitting upon the platform directly in his rear, would inquire of him how he was getting along in that shirt? During a political canvass, in which the late Governor, David Tod, and Hon. William Sawyer, were holding forth to the people in behalf of the claims of the Democratic party to the popular suffrage, they called at the tavern of Peter Myers, in Perry township, Putnam county, for refreshments. Here they met a crowd, and " the drinks," after they alighted, were the first things in order. A jug and glasses were soon deposited on a rough table, and the vessels first passed to Colonel Sawyer, who, although never a habitual drinker, in his electioneering tours had the reputation of possessing more than ordinary capacity for holding beverages considered intoxicating. Sawyer poured out a moderate drink, and passed the vessel to Tod, who stood beside him, and who, to the dismay and astonishment of the former, poured the liquor into his glass until it reached the very brim ! After the drinking ceremony closed, and the crowd had all partaken, Sawyer turned to Tod, and gravely remarked : " Tod, that's the meanest trick I ever had played upon me. Here, directly before my eyes, and in presence of my own constituents, who regard me as one of the best drinkers in the district, you have illustrated to them that there is one man, at least, in Ohio, who can beat him in the quantity of his drink. If the district could be considered at all close, this villainous trick of yours, Tod, would utterly ruin my chances for re-election." Alfred P. Edgerton first appeared before the people as a candidate for office in 1845, for the State Senate. Prior to that time, he had not been conspicuous in politics, though a staunch Democrat. After his nomination, his friends deemed it expedient that lie canvass the district, hold meetings, and form acquaintance with the people A meeting was advertised for him to be holden at St. Mary's, then known as the capital of " the hoop-pole region." He reached the town, near the hour named for the meeting, accompanied by two or three friends, all on horse-back ; and a little group of " sovereigns," clad mostly in hunting shirts, and liusey pants, the bottoms of which were crowded into the tops of their stoga boots, were standing in front of the tavern in readiness to greet and make Incidents relating to other Political Contests - 271 the acquaintance of their new candidate, who had suffered some in reputation among them by reports that he had been guilty of the heinous practice of paying undue attention to the color and quality of his linen and other apparel. It had, indeed, come to their ears that he was a white-skirted aristocrat. What was their joy, then, when Edgerton had been recognized by some one, and pointed out to them, to discover that he was bespattered with a liberal coating of the same swamp mud, from head to foot, that adorned their own clothing, and that he was nearly as rough looking, by this reason, as any of them. Alighting from his horse, in front of the tavern, and following with the party into the bar-room, the usual introductory " drinks " were called for. One of the veterans of the bar, who appeared to be master of ceremonies, ranged glasses upon the counter, and proceeded to pour into each about equal quantities of whiskey and molasses—using one of his long, thick, unwashed fingers, for the double purpose of commingling the stuff, and also as a guage, so that an equal quantity of the villainous ingredients should be the portion of each. Edgerton regarded the proceedings very much with the feelings of a criminal witnessing the preparations for his own execution. It was an ordeal he had not anticipated; but when the time came, he summoned all his physical and mental forces, and " by a powerful effort," swallowed the dose "like a man." This submissive resignation to his fate, was highly satisfactory to the assembled voters,- and prepared their minds to fight it through for him vigorously on that line. It is said, however, that the compound so disgusted him, that he forswore whiskey and molasses, and has since remained an inexorable total abstinence man. Edgerton subsequently became a candidate for the Congressional nomination of his party ; and had been advised, through friends at Lima, that Michael Leatherman, who had been the previous year, a Representative in the Ohio Legislature from the county of Allen, was opposing him in his aspirations. Urged by those friends to visit the county, and settle, if possible, the business with his only influential and active opponent, Edgerton, soon appeared at Lima, and, accompanied by his friend, the late Hon. M. H. Nichols, proceeded to the residence of Leatherman, a few miles distant ; but on their way, they met the gentleman they sought en route to Lima. After the usual salutations, Nichols observed : 272 - Incidents relating to other Political Contests. " Leatherman, Edgerton and myself were on our way to your house, with the purpose of having you together, and see if you would not be enabled to settle the matters of difference between you, Ind reconcile you to his support for Congress. Now, you can state the trouble right here, so that we can understand it." " Well," says Leatherman, " the only thing " ith thith, Etherton. I understand from Bob Skinner that you thould have wrote him from Columbuth that Auglaithe would have pathed the Legithlathur, when I was in the Houth, and you were in the Thenate, if it hadn't been for that damn fool, Leatherman. Now, Etherton, I want to know.whether you wroth thuth a letter ?" " Mr. Leatherman," replied Edgerton, " I have no recollection of having written such a letter ; but if Bob Skinner says I did, I suppose I must have written it " " Thpoken like a man," rejoined Mr. Leatherman. " I knew you was oneth, and if you had written thuth a letter, would thay thow. Etherton, give me your hand. You thall have my thupport." And so the war-cloud passed, and the happy family all returned to Lima, and Allen county was solid in its support of Edgerton. Mr. Leatherman, although having a slight impediment in his speech, was a man of many good qualities, and a most excellent neighbor. In 1856, Mr. Edgerton was advertised to address a Democratic meeting at Wauseon. Very few of the population sympathised with him in his politics ; nevertheless he obtained the use of a church in which to make a speech. A large majority of his audience were Republicans, and included a number of ladies. At the close of his speech a movement was made to organize the crowd into a Fremont meeting, to be addressed by gentlemen who were in waiting, after he closed, to make speeches on their side. Edgerton claimed that the meeting was his own, and that he would not yield his right to the floor. He submitted the following propositions : All those in favor of the election of James Buchanan, Will signify their choice by a hearty Aye ! " Every Democrat in the crowd, of course, shouted a lusty response. After a slight pause, he put the negative in this wise : " All those opposed to the election of James Buchanan, will so demonstrate by instantly rising and Incidents relating to other Political Contests - 273 tearing their shirts !" The Republican portion of that meeting was adjourned without waiting for the formality of and his a contest test on the vote, and soon the speaker and "Chairman,” and his Democratic friends, had exclusive possession of the church, and the meeting was adjourned sine die. His political opponent alleged that it was a clear case of usurpation of power. - 18 - CHAPTER VI. THE OLD BENCH AND BAR. The first court held northwest of the river Ohio, under the forms of civil jurisprudence, was opened at Campus Martins, (Marietta.) September 2d, 1788. It will be remembered that on the preceding 7th of April, General Rufus Putnam, with forty-seven men, had landed and commenced the second settlement in what is now the State of Ohio. General Harmar, with his regulars, occupied Fort Harman. Governor St. Clair, and also General Samuel H. Parsons, and General James M. Varnum, Judges of the Supreme Court. arrived in July, 1788. The Governor and Judges, constituting the government, had been employed from their arrival in examining and adopting such of the statutes of the States as, in their opinion, would be adapted to the situation of this new colony. The government had made appointments of civil officers for the administration of justice, and to carry into effect the laws adopted. Some idea may be obtained of the character of the early settlers of Ohio, by describing the order with which this important event the establishment of civil authority and the laws—was conducted. From a manuscript, written by an eye witness, the substance of the following is obtained. The procession was formed at the point, (where most of the settlers resided,) in the following order : 1, The High Sheriff, with his drawn sword ; 2, the citizens; 3, the officers of the garrison at Fort Harmar ; 4, members of the bar ; 5, the Supreme Judges ; 6, the Governor and clergy ; 7, the newly appointed Judges of the Court of Common Pleas, Generals Rufus Putnam, and Benjamin Tupper. They marched up a path that had been cut and cleared through the forest to Campus Martins Hall, [stockade,] when the whole countermarched, and the Judges Putnam and Tupper took their