CHAPTER L OHIO-MICHIGAN BOUNDARY DISPUTE A SERIOUS AND FAR REACHING CONTROVERSY WITH MANY HUMOROUS ASPECTS-EFFECT OF RESULT UPON NORTHWESTERN OHIO. The Ohio-Michigan boundary dispute of 1835, was a serious matter. Men of vision even at that time realized that the result held for the future, consequences of great magnitude. Looking upon the situation as it is today, the importance of the decision has multiplied an hundred fold. At the mouth of the Maumee River was one of the finest natural inland harbors in the United States. Later developments have proven it one of the strategic commercial situations on the Great Lakes. Had the gates of this magnificent harbor been operated by another state, the loss to Ohio cannot be estimated. What the situation under such circumstances would now be, is only speculative. One thing is self-evident, the villages of Maumee and Perrysburg as the Ohio terminus of Maumee navigation, would now be important commercial cities; for this state would have seen to it that the Maumee up to the Foot of the Rapids, would have been improved and made navigable for boats of considerable tonnage, and as it will be later shown, would have been the Ohio canal terminals. Possibly Sandusky would today be treble her present size, and it is hard to say what effect it would have had on Detroit, with Toledo in Michigan territory. It is probable that state would have fostered Toledo as its principal port. In the broad expanse of early days, when a score of miles in the conflict of boundaries meant little, there was great carelessness in running division lines; and the unfamiliarity with the geography of the country caused many discrepancies to arise. The Ohio state and Michigan territorial line of demarcation is a flagrant case in point. The discrepancy had been known for years. The crisis came in the days of canal construction and the point at issue was caused by the importance of the canal terminus on the lower Maumee. In 1835, the country was settling rapidly and there was need of an outlet for local products. As early as 1825 a canal was - 750 - TOLEDO AND THE SANDUSKY REGION - 751 projected from the Ohio River at Cincinnati to the navigable waters of the Maumee. The canal was completed as far north as Piqua, which place was the terminus for several years; this by reason of the sparse population then between that point and the contemplated final terminus. With the development of the. Maumee River settlements, the people of Northwestern Ohio became clamorous for the extension of the canal north to connect with Lake Erie. By 1835 it was realized that the navigation of the Maumee River to the Foot of the Rapids at Maumee and Perrysburg was not as good as at Toledo, and the authorities of Ohio deemed it of the utmost importance to have the territory embracing the mouth of Swan Creek, including Toledo, for the canal terminus. "The few inhabitants at the mouth of Swan Creek regarded their future consequence as a town dependent on getting the termination of the canal." They suddenly became convinced if they were living in the wrong state, that by having their situation declared a part of Ohio, it would be greatly to their advantage in bringing them the canal terminus instead of it stopping at Maumee and Perrysburg. The principal citizens, therefore, urged Governor Lucas to extend the laws of Ohio over the disputed territory. When Congress passed the act authorizing the people of the Territory of Ohio to form a state constitution preparatory to her admission into the Union, her northern boundary in the act was described as follows: "On the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east after intersecting the due north line from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie, to the Pennsylvania line; Provided that Congress shall be at liberty at any time hereafter, either to attach all the territory lying east of the line to be drawn due north from the mouth of the Miami aforesaid to the territorial line, and north of an east and west line drawn through the southerly extreme of Lake Michigan, running east as aforesaid to Lake Erie, to the aforesaid State, or dispose of it otherwise in conformity to the fifth article of compact between the original States and the people and States to be formed in the territory north of the River Ohio." The compact referred to is contained in the Ordinance of 1787. On the 29th of November, 1802, a convention of the people of Ohio, adopted a constitution under the aforesaid act, giving the 752 - STORY OF THE MAUMEE VALLEY States the same northern boundary as contained in the enabling act, with this proviso : "Provided always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the Lake Erie east of the mouth of the Miami River of the Lake, (Maumee) then and in that case, with the assent of the Congress of the United States, the northern boundary of this state shall be established by and extend 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 aforesaid; thence northeast to the territorial line, and, by the said territorial line, to the Pennsylvania line." The State of Ohio was admitted into the Union and created into a judicial district on the 19th of February, 1803, without any allusions by Congress to the boundary line. On the 11th of January, 1805, Congress created the Territory of Michigan, and defined her boundaries as follows: "All that part of the Indiana Territory which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend through the middle of said Lake to its northern extremity, and thence due north to the northern boundary of the United States." Substantially reaffirming the original boundary contained in the act authorizing the Territory of Ohio to form a state government. Michigan extended her laws over and claimed jurisdiction to the above mentioned line given for her southern boundary. This line is designated on the land maps as the "Fulton Line." It intersects Lake Erie east of the mouth of the Miami of the Lake, or Maumee River, and comes within the proviso in the Constitution of Ohio. It was then ascertained, that an east line drawn through the southerly bend of Lake Michigan would not intersect the territorial line between the United States and the British possessions, but would pass just north of the mouth of the Cuyahoga River and divide the counties of Cuyahoga, Geauga and Ashtabula. The line, therefore, given by Congress for the northern boundary of Ohio was an impossible line : owing to a want of a knowledge of the geographical position of Lake Erie at the time Congress TOLEDO AND THE SANDUSKY REGION - 753 passed the enabling act. The authorities of Ohio, on ascertaining the uncertainty of the northern boundary applied to Congress for a survey of the line provided for in the proviso of the Constitution of Ohio. Congress in 1812 passed a resolution directing the Commissioner of the General Land Office to cause it to be surveyed. But in consequence of the hostile attitude of the Indians near the line, and by reason of the War of 1812, the line was not run until the year 1817. In that year, the line was run and marked by William Harris in conformity to instructions from the Surveyor General. It was called the "Harris Line," afterwards, from the name of the surveyor. This survey was reported from the Land Office Department of the Executive of Ohio, and on the 29th of January, 1818, the Legislature, by resolution, ratified and adopted that line as the northern boundary of the state. Subsequently, the Legislature of Ohio, from time to time, made applications to Congress, to ratify and establish the Harris Line as the boundary between Ohio and Michigan without success, until after the events of 1835, so memorable in the conflicts of those governments. The territory in dispute extends the whole length of the north line of the State of Ohio, and was about five miles in width at the west end, and about eight miles in width at the east end. This disputed territory was chiefly valuable for its rich and productive farming lands, and for the possession of the harbor on the Maumee River, where now stands the prosperous City of Toledo. In the early settlement of Toledo, the place was known as Swan Creek; afterwards Port Lawrence, then Vistula, and now as Toledo. The early settlers, it should be stated, acquiesced in being governed by the laws of Michigan Territory. In 1835 the urgent demand by the people of Toledo for the completion of the canal to that point, induced the Governor of Ohio to bring the subject before the Legislature by a special message. February 23rd that year the Legislature passed an act extending the northern boundaries of the counties of Wood, Henry and Williams to the northern or Harris line, in conflict with the fact that the authorities of Michigan had previously exercised jurisdiction over the entire territory in dispute south to the Fulton Line and including Toledo. The authorities of Wood County which then included Lucas, it may be mentioned also, had attempted at a period much earlier, to extend the Ohio laws over the disputed strip which they claimed to be in that 754 - STORY OF THE MAUMEE VALLEY county, by levying taxes thereon; but the people did not recognize their authority and refused payment. A report of this refusal to the Ohio state authorities brought no action, and no attempt on the part of Ohio officials to extend its laws over the territory in controversy was made until 1835. The motive as stated was to retain the magnificent harbor within the boundaries of this state and thereby add to her importance and wealth. Michigan at the time, seemed actuated more by the feeling that she was thereby maintaining her legal rights in what her people believed belonged to them by a proper interpretation of the Congressional act defining their southern boundary. The act of the Legislature of Ohio, passed on the 23rd of February, 1835, further provided "that such part of the territory declared by this act as being attached to the County of Wood, shall be erected into townships as follows, to wit: such part of ranges five and six as lies between the line run due east from the southern extremity of Lake Michigan and the line run from the said southern extremity of the most northern 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 part 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 due 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," and further authorized and directed those townships to hold elections for township officers on the first Monday in April next, and provided for their complete organization. It also directed the Governor to appoint three commissioners to run and re-mark the Harris Line. Uri Seely of Geauga, Jonathan Taylor of Licking, and John Patterson of Adams, were appointed commissioners to run and re-mark the line. The first of April was named as the time to commence the survey. Stevens T. Mason, secretary and acting Governor of Michigan Territory, anticipating the action of the Legislature of Ohio, sent a special message to the Legislative Council, apprising it of the special message of Governor Lucas, and advised the passage of an act to counteract the proceedings of Ohio. The Legislative Council passed the following act on the 12th of February, thus getting eleven days start. of Ohio in point of time : TOLEDO AND THE SANDUSKY REGION - 755 " An Act to prevent the organization of a foreign jurisdiction within the limits of the Territory of Michigan. Section I. Be it enacted by the Legislative Council of the Territory of Michigan, 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 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. Sec. II. And be it further enacted, that if any person residing within the limits of this Territory, shall accept of any office or trust from any state or authority other than the Government of the United States or Territory of Michigan, every person so offending shall be fined not exceeding one thousand dollars, or imprisoned five years, at the discretion of the court before which any conviction may be had. MORGAN L. MARTIN, President of the Legislative Council. Approved February 12, 1835. STEVENS T. MASON. There was a division of public sentiment among the inhabitants of the disputed territory, as to which government they should yield allegiance. The following communication, sent to Governor Mason by some citizens of Port Lawrence township, shows that there were some supporters of the authorities of Michigan in that place : Monroe, March 12, 1835. To the 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 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 meeting. 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 per- 756 - STORY OF THE MAUMEE VALLEY haps a riot may be the consequences of thus holding the meeting in the heart of the very hotbed 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 holding the town meeting for the Township of Port Lawrence, from Toledo to the schoolhouse on the 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. [All well known in Toledo's early history.] The partisans of Ohio were equally zealous and active in its cause, and kept Governor Lucas advised of what was going on. The most prominent of them were Andrew Palmer, Stephen B. Comstock, Major Stickney, Willard Daniels, George McKay and Dr. Naman Goodsell. Governor Mason wrote to General Brown, who was in command of the Third Division of the Michigan Militia, as follows: Executive Office, Detroit, March 9, 1835. Sir : You will herewith receive the copy of a letter just received from Columbus. You will now perceive that a collision between Ohio and Michigan is inevitable, and 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, etc., 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. Very respectfully your obedient servant, STEVENS T. MASON. To Gen. Jos. W. Brown. On the thirty-first of March Governor Lucas, accompanied by his staff and the boundary commissioners, arrived at Perrys- TOLEDO AND THE SANDUSKY REGION - 757 burg on their way to run and re-mark the Harris Line, in compliance with the acts of twenty-third February previous. Gen. John Bell, in command of the Seventeenth Division of Ohio Militia, embracing the disputed territory, arrived about the same time with his staff, and mustered into service a volunteer force of about six hundred men, fully armed and equipped. The force went into camp at old Fort Miami, and awaited the orders of the governor. The force consisted of five companies of the First Regiment, Second Brigade of the Seventeenth Division of Militia, under the command of Col. Mathias Vanfleet. The captains of these companies were Capt. J. A. Scott, of the Perrysburg company; Capt. Stephen S. Gilbert, of the Maumee company; Capt. John Pettinger, of the Waterville company; Captain Felton, of the Gilead (Grand Rapids) company, and Capt. Granville Jones, of the Lucas Guards, an independent company at Toledo. These companies numbered about 300 effective men. There was also a part of a regiment from Sandusky County, commanded by Col. Lewis Jennings, and a part of a regiment from Seneca and Hancock counties, under command of Colonel Brish, of Tiffin. These numbered about 300 more, making the total force 600 men. No particulars are available concerning the recruiting of any of the companies in Colon el Vanfleet's regiment, except that of Captain Scott, which is told by W. V. Way in his story of the "war" as follows : "Agreeably to military usages, he employed a drummer, to wake up the martial spirit of the inhabitants. Instead of establishing headquarters at some particular place, he made them roving up and down nearly the whole length of Front Street, in Perrysburg. That street was the only one, except Louisiana Avenue, that contained many inhabitants. He selected a spot some distance below the avenue, and one near the upper end of the town, between which the drummer was required to march and beat the drum, from early morning until night. "It is not certain whether there was a fifer or not. The drummer was a very large man by the name of Odle. He had a brother who was of usual size ; but the drummer was so much larger than his brother, that he went by the name of the "Big Odle." He was a giant in size. He was so large that while marching beating a common sized drum, the drum appeared in comparison of size, no greater than one of those small drums in 26-VOL. 1 758 - STORY OF THE MAUMEE VALLEY toy shops for the use of little boys, would appear in the hands of an ordinary sized man. He wore a two story white felt hat, with a narrow brim; but by long use it had become softened and the crown bulged up so that it was really a two-story and an attic. A strip of paper with the words 'Recruiting for the war, in large letters printed on it, was fastened around it. His coat was an old rifleman's uniform of green color, trimmed with black lace. His pants were domestic cloth, colored with oak bark and also trimmed with black lace down the legs. "Thus equipped, Odle accompanied by a man carrying the American flag, marched up and down the streets, beating the drum with great vigor from morning to night. This drumming continued for several days in succession. In the meantime the Court of Common Pleas of Wood County commenced its session, Judge David Higgins was presiding judge. In going his beat up and down Front Street, Odle had to pass by the courthouse, standing on Sec. Lot No. 360, old survey of Perrysburg. (Just up from Louisiana Avenue and facing the river.) The drumming after a while, became annoying to Judge Higgins. The Judge was a very nervous man, and somewhat irritable at times. One of his peculiar moods came over him during this term of court. He vented his feelings by pitching into Captain Scott's drummer, instead of some young and modest member of the bar, as was his usual custom. He ordered the sheriff to go out and stop that drumming. The sheriff went to Odle and told him that he was ordered by the court to stop his drumming. Odle replied, that he was under orders and pay from Captain Scott to drum for recruits for the war. That he considered it his duty to obey him as a military authority, and should continue to beat the drum until stopped by him; or until he was satisfied that the court had more authority than Captain Scott. He marched on beating his drum, and the sheriff went into the courtroom to report. "The Judge's eyes flashed lightning when he heard the report. The sheriff was ordered to arrest Odle forthwith and bring him before the court, and also summons Captain Scott. All which was done in a few minutes. Captain Scott was interrogated as whether this man Odle was disturbing the court under his orders. The Captain replied that Odle was beating the drum under his order, having received instructions from Colonel Vanfleet to employ the music to aid in recruiting volunteers for the service of the state. He further stated that Governor Lucas, TOLEDO AND THE SANDUSKY REGION - 759 who was stopping at Spafford's Exchange, had sanctioned his proceedings before the court commenced its session, and he should therefore continue the music until ordered to stop it by Colonel Vanfleet or his Excellency. The Judge roared out in a stentorian voice, 'Mr. Sheriff, take Captain Scott and his music organ to jail and lock them up. Mr. Prosecuting Attorney, draw up an information against these men for contempt of court, and have the case ready for hearing tomorrow morning.' "The sheriff, Jonas Pratt, made a move towards executing the order. Captain Scott and Odle readily followed him downstairs to the corner of the building where there was a path leading to the log jail on the back end of the lot. Here a stand was made. The sheriff's authority to imprison was repudiated. The Captain informed him that he should not sacrifice the interests of the state to gratify Judge Higgin's assumed authority. That in the emergency of war, when the state was invaded by an enemy, the military authority on which the state relies for protection, is paramount to the civil authority; that although he regretted to disturb the proceedings of the court, yet he could not consent to the enforcement of its order in his case. He gave the sheriff to distinctly understand that if he persisted in attempting to take him to jail, he would then and there on the spot, test the question of power between himself and the court. He told the sheriff that if he made a single move further to imprison him, he would declare martial law, and do with him and Judge Higgins as General Jackson did with Judge Hall at New Orleans, put them both under arrest. " 'That is right; that is right, Captain,' said Odle, at the same time doubling up his two hands to about the size of elephants' feet. 'That's the way to talk. Bully for you, Captain; stand off, sheriff.' "By this time, there was a commotion in the crowd of bystanders, indicative that the sheriff would have a lively time of it, in getting them to jail, if he should attempt it by force. The sheriff retreated upstairs to the courtroom as soon as possible, and reported what had taken place at the door below. The Judge never said a word in reply; but continued in the trial of the case on hand, as if nothing unusual had happened. "Without losing any more time, Odle slung the drum strap over his neck, and continued his march and music as before up and down the street. After some time, the Judge directed the sheriff to go and find Captain Scott and ask him if he would be 760 - STORY OF THE MAUMEE VALLEY so good as to order that music to some back street, where it would interfere less with the court. The enthusiasm for enlisting recruits was so great, that if the court had attempted to enforce its order, it would have failed. Captain Scott acquired so much popularity by these proceedings, that he shortly after had no further use for his drummer. His company was made up at once." Governor Mason, with Gen. Joseph W. Brown, arrived at Toledo with a force under the immediate command of the latter, variously estimated from 800 to 1,200 men, ready to resist any advance of the Ohio authorities upon the disputed territory to run the boundary line or doing other acts inconsistent with Michigan's right of jurisdiction over it. About the same time General Bell got his forces organized at Miami, and went into camp, General Brown had for his staff, Capt. Henry Smith of Monroe, inspector; Maj. J. J. Ullman, of Constantine, quartermaster; William E. Boardman, of Detroit, and Alpheus Felch, of Monroe, aids-de-camp. The two governors, having made up an issue by legislative enactments, found themselves confronted by a military force that had been called out to enforce their respective legislative pleadings. Governor Mason, representing the tenant in possession, was content to rest at his ease. Governor Lucas, representing the plaintiff, had to open the trial. He found it convenient to observe a "masterly inactivity" for some days. The whole country in the meantime became wild with excitement. A ludicrous incident occurred on the Perrysburg side of the river, as follows: Most of the soldiers that came from a distance, came with their arms in small squads as they happened to get together, without any organization. A well known citizen of Perrysburg, not having the warlike preparations much at heart, dressed himself in a commissioned officer's uniform and mounted on a very fine horse, made something of a military display on the streets. As one of these squads arrived in Perrysburg over the Black Swamp road, and was about proceeding to the river to cross over to the place of rendezvous, this would-be-officer assumed authority over them and undertook to conduct them down to the ferry. After proceeding some distance, the men doubted the authority of the man in military clothes leading them, especially as they had heard many of the Perrysburg people did not think much of the war. When the squad got near the river, they deployed into line TOLEDO AND THE SANDUSKY REGION - 761 and with fixed bayonets closed upon their leader between their line and the river, and called on him for his commission or authority that he claimed to exercise. They told him they were full blooded Buckeye Boys, come to defend the territorial rights of the State; if he was one of them, all right; if not, they intended to know it. By this time he began to look for an opening for escape ; but the boys closed up and moved steadily towards the river, with muskets at charge. Soon the officer was sitting upon his horse as far out in the river as the horse could go without swimming. The boys told him he should stay there until he showed his authority, or orders from General Bell for his release. He was kept there until he nearly perished with cold, when a number of citizens of the town came and entreated the soldiers to let him off. The report that had gone out that the people of Perrysburg did not think much of the war, did them great injustice; as the manner in which Captain Scott recruited his company, the zeal exhibited by him, and the alacrity with which they enlisted, sufficiently prove. Governor Lucas had determined in his mind to order General Bell with his force to Toledo as soon as he could make the necessary preparations, and risk the consequences; but before he had got his preparations made, two eminent citizens, Hon. Richard Rusk of Philadelphia, and Colonel Howard of Baltimore, arrived from Washington as Commissioners from the President of the United States to use their personal influence to stop all warlike demonstrations. Hon. Elisha Whittlesy of Ohio accompanied the Commissioners as a voluntary peace-maker. They remonstrated with the Governor and reminded him of the fatal consequences to himself and the State, of a collision between the forces. They advised him to abandon forcible measures to get possession of territory, and wait for a peaceable settlement of the matter by Congress. The Commissioners and Mr. Whittlesy had several conferences with both governors, and finally on the 7th of April submitted the following propositions for their assent; to wit: 1st. That the Harris Line should be run and re-marked pursuant to the Act of the last session of the Legislature of Ohio without interruption. 2d. The civil election under the laws of Ohio having taken place throughout the disputed territory, that the people residing upon it should be left to their own government, obeying the one jurisdiction or the other, as they may prefer, without molestation 762 - STORY OF THE MAUMEE VALLEY from the authorities of Ohio or Michigan until the close of the next session of Congress. They proposed the same arrangements in regard to jurisdiction that were entered into between Doctor Conant and Seneca Allen, two justices of the peace of Waynesfield township, in now Lucas County but then Wood County, in 1819, when they came in conflict, one holding his commission from the Governor of -Michigan and the other from the Governor of Ohio. The conflict and settlement of it occurred in the following manner: Dr. Horatio Conant settled at Maumee in 1816. General Cass, then Governor of Michigan, being intimately acquainted with him, either as a joke or in earnest, sent him a commission as justice of the peace in the County of Erie in the Territory of Michigan. This portion of the Northwest Territory previous to and for some time after the organization of Michigan Territory, was called Erie County and District. The Doctor regarded the commission as a joke, and never contemplated acting under it. In 1819, Seneca Allen was an acting justice of the peace in Waynesfield township under the laws of Ohio, residing on the south side of the river, near old Fort Meigs. Waynesfield was the only organized township at that time in Maumee Valley. His territorial jurisdiction was quite as large as the present Congressional District. He heard about Doctor Conant having a commission from the Governor of Michigan, and notified him that he must not attempt to do any business under it. Sometime in the month of December, 1819, Allen had an engagement to marry a couple on the north or Maumee side of the river. The river was high and full of running ice, and very unsafe to cross. Conant lived near the banks of the river, on the Maumee side. Allen lived near the bank on the Perrysburg side, and nearly opposite. Allen finding it impracticable to get over the river to fulfill his engagement, called to Doctor Conant across the river and requested him to marry the couple. The Doctor reminded him of the objections he had heretofore made to his right to act under his commission, and declined; but Allen insisted on his doing it, and stated that this was a case of necessity and that necessity knew no law; that his commission from the Governor of Michigan would do well enough for the occasion. Conant married the couple and received a jack-knife for pay. Some time afterwards, the two Justices met and Allen made this proposition: He proposed for himself to exercise exclusive jurisdiction over the territory on the Perrysburg or south side of the river, and that TOLEDO AND THE SANDUSKY REGION - 763 the two should have jurisdiction in common on the Maumee or north side of the river. Governor Lucas, on the urgent request of the Commissioners and Mr. Whittlesey, agreed reluctantly, to accept the propositions of Rusk and Howard as a peaceable settlement of the difficulty until Congress should settle it; or rather until after "the close of the next Session of Congress," and disbanded his "army." Governor Mason partially followed suit; but still continued making preparations for any emergency that might arise. Governor Lucas now thought he could run and re-mark the Harris Line without serious molestation from the authorities of Michigan, and directed the commissioners to proceed with the work. S. Dodge, an engineer on the Ohio Canal, had been engaged as surveyor to run the line. He addressed the following letter to Samuel Forrer, one of the canal commissioners of Ohio: Maumee, April 11, 1835. "Samuel Forrer, Esq., "Dear Sir :—We were assured a short time since, by Messrs. Rush & Howard, that no resistance would be made by Michigan. It is now evident that there will be trouble, and the Governor of Ohio will not be able to accomplish the running of the line without calling out a strong military force. This cannot be done without first convening the General Assembly, in order to make the necessary appropriations. We shall start tomorrow for the northwestern corner of the State; and the next time you hear from me, I shall probably inform you that I am at Monroe, the headquarters of General Brown. General Brown 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 under arms at Monroe and 600 more would soon be there; that they have 1,500 stand of arms taken from the United States arsenal at White Pigeon. That they did not mean to be rode over rough shod by Ohio. It was replied that Ohio had not as yet put on her rough shoes; and would not unless they made it necessary; and that the line would certainly be run. "The Governor of Ohio started on the 8th inst., for Defiance and is entirely unprepared to meet the forces of Michigan. What course he will pursue I do not know. Our party consists of 15 or 20 unarmed men; and if we proceed, we shall certainly be made 764 - STORY OF THE MAUMEE VALLEY prisoners, there not being a sufficient number to prevent surprise; I think the expedition will be delayed. The State of Ohio is affording no protection to the people on the disputed territory further than through the civil authority. And those who have accepted office, have been obliged to retreat. The Governor has power to call out the Militia, but has no funds to sustain them. "Yours, Truly, S. DODGE." President Jackson applied to the Attorney General Benjamin F. Butler for his official opinion in regard to the United States" powers over the two parties. Butler's opinion was rather a "straddle" on the question. He believed that Michigan had the right to arrest any trespassers upon her territory, but that the act of merely re-surveying the Fulton line by the Ohio authorities was not an act of trespass. Notwithstanding the views of the authorities at Washington, the Commissioners proceeded to run the line, commencing at the northwest corner of the state. General Brown sent scouts through the woods to watch their movements and to report when they found them running the line.. When the surveying party had arrived within the county of Lenawee, the under-sheriff of that county, with a warrant and posse, made his appearance to arrest them. He arrested a portion of the party; but the Commissioners and Surveyor Dodge made a timely escape, and ran with all their speed until they got off the disputed territory. They reached Perrysburg the next day 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 Brown, 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 Governor Lucas and he reported them to the President. The President sent a copy of the report to Governor Mason who in turn asked General Brown of Michigan to report his version of the affair and the report of the under-sheriff of Michigan was forwarded to the President. A part of this report by the sheriff, Wm. McNair is as follows : "From the best information I could obtain, I was satisfied the warrants could not be served without assistance from my fellow citizens. I therefore mustered about thirty men in the village of Adrian on Saturday evening, (April 25, 1835), and armed them with muskets belonging to the Territory of Michigan. Early TOLEDO AND THE SANDUSKY REGION - 765 the next morning, I started with my small posse, 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, not far from now Sylvania, Ohio) 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., I went forward in order to make the arrest in as peaceable a manner as possible. On arriving at the camp, I enquired for Messrs. Taylor, Patterson and Sully, the Ohio Commissioners, and was told they had stepped out and would be in, in a few minutes. While I was waiting for my party to come up, and for 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 ; when 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, Major Rice, Captain Biggerstaff and Messrs. Ellsworth, Mole and Rickets. After arresting Colonel Hawkins, who had in his hand 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 about eight rods of the house, they all came out except Colonel Fletcher, and as I approached them to make the 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 run for 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 come up with and 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 by his certificate hereunto annexed, it appears that two were discharged for want of sufficient testimony to hold them to bail. Six gave bail to appear at our next Circuit Court, and one, (Colonel Fletcher) refused to give bail, as he says by direction of Governor Lucas, and is now in custody of the jailer, who permits him to go at large on his parole of honor. I consider it my duty further to state, that the charge repeatedly made, that the officers of Ohio were arrested by a Military party 766 - STORY OF THE MAUMEE VALLEY under General Brown, is not true. He accompanied me as a citizen of Michigan without any official station, and the whole movement was merely a civil operation under the sheriff of this 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 also happy to inform your Excellency, that the Commissioners made good time on foot through the cottonwood swamp, and arrived safe at Perrysburg the next morning with nothing more serious than the loss of hats and their clothing, like Governor Marcy's breeches without the patch." 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 editors who 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. In the course of the proceedings, as the Government had through its commissioners proposed a compromise to allow the re-survey of the Harris line which compromise had been accepted by the authorities of Ohio, the latter now shifted the responsibility to the shoulders of the Government to see that this corn- TOLEDO AND THE SANDUSKY REGION - 767 promise was carried out. This changed the issue. The acts of the Ohio Legislature had made Richard Roe of Michigan defendant, but now the United States became defendant as claimant of the title in fee. 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 made the authorities of Michigan furious. 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 was no town in the West that has suffered more for its allegiance to its government than did Toledo. The partizans 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. The town was kept in a great uproar much of the time in watching the movements of the bailiffs of Monroe and Wood counties. Major Stickney, George McKay, Judge Wilson and many others, of the Ohio partizans, were arrested and taken to the Monroe jail. When Major Stickney was arrested, he fought and resisted the officers valiantly, and was assisted by his whole family, who fought until they were overpowered by superior numbers. After the Major was arrested, the officer requested him to get on a horse and ride to Monroe. He refused. The officer, with the assistance of his posse, put him on by force. He would not sit on the horse. Two men, one on each side, held him while a third man walked ahead and led the horse. In this way they got him about half way to Monroe, when the men getting tired of holding him on, took a cord and tied his legs together under the 768 - STORY OF THE MAUMEE VALLEY horse's body, and in that manner conveyed him the balance of the distance. This is the account the Major himself gave of his arrest and transportation. The deputy-sheriff of Monroe County, Joseph Wood, attempted to arrest Two Stickney, a son of Major Stickney. A severe scuffle ensued. Stickney got a small penknife out of his pocket and stabbed Wood in the left side, causing the blood to run pretty freely. Wood let go his hold and Stickney made his escape into Ohio proper. Wood was carried home by his friends, as was said, in a dying condition, but really was very little hurt. The grand jury of Monroe County indicted Stickney for an assault on the sheriff with a dirk-knife. A warrant was issued on the indictment, but could not be served, in consequence of Stickney fleeing into Ohio and remaining there. Governor Lucas refused to give him up, alleging that the offense, if any, was committed within the limits of Ohio and that the requisition of the Governor of Michigan was without authority of law. On one occasion, an officer with a posse attempted to arrest Andrew Palmer, editor of the Toledo Gazette, in the night. Palmer had but a moment's warning of the approach of the officer, and started to run. The officer got sight of the editor and took after him. The speed of the two was in proportion to the inducement each had for running. One ran for his fee, the other for his liberty. The liberty inducement prevailed. After a run down the river for about a quarter of a mile, the pursued man jumped astride of a saw-log lying near shore, and with his hands and feet paddled across the Maumee River and made his escape. Later the Gazette office was visited, the front door demolished and "pi" made of the forms for the next issue of the paper. Palmer was a very active partisan for Ohio, and kept Governor Lucas informed of what was going on. He was regarded as the Governor's right-bower at Toledo, and received from the Michigan partisans the sobriquet of "Governor Palmer." A Mr. Holloway in Sylvania township, a very good man, was elected and qualified as Justice of the Peace under the laws of Ohio. He, too, was spotted for vengeance. Apprehending the officers would be after him, he hid himself in the woods and lived alone in a sugar-camp shanty for some days. He being a very pious man, his partizan friends, who were fond of the marvelous, reported that Providence had wrought a miracle in his behalf; that little robins went to his house daily and took food and carried it to him during his stay in the woods. Many of his friends believed it; they claimed it as high proof of the justness of the TOLEDO AND THE SANDUSKY REGION - 769 claims of Ohio to the territory, and that Providence was on their side. The miraculous part of the story rested on a slight fiction. Mr. Holloway's little children daily took food to him from the house; they had a pet robin, and usually took it with them; hence the robin story arose. George McKay and Dr. Naman Goodsell, of Toledo, came in for their share of the vengeance of Michigan for the part they took for Ohio. Let the Doctor tell his own story about himself and McKay in the following communication to Governor Lucas : Perrysbury, July 19, 1835. "Sir: I am now at this place, after a voyage of twenty-four hours, via the woods. Since writing you last, the inhabitants of Toledo have been more or less annoyed by the authorities of Michigan. Yesterday, as I was sitting at dinner, Mr. McKay rode up in haste and exclaimed, I had only time to mount my horse if I meant to escape; that the Michigan forces to the amount of three or four hundred were then in the village. I snatched my rifle and mounted instantly, when we both made for the woods, as all other ways of retreat were cut off. In a short time we found ourselves pursued by a detachment, when we separated; Mr. McKay depending upon the speed of his horse, which I have reason to suppose soon left them; but as I had not a fleet horse, I soon dismounted, tied my horse, and placed my back against a tree, and determined to await their assault; but their whole attention seemed directed to McKay. I waited in my position one hour, and as they did not return for me, I went in pursuit of them, but could not fall in with any scouts. When night came on, I procured a canoe and was put across the river three miles below the village, where I remained during the night, and this morning my horse was brought across, and I have made my way to this place. "Mr. McKay, as I understand, was taken at about six o'clock. Mr. Stickney and several others were also taken, and started for Monroe. Their treatment will undoubtedly be severe, as it is declared at Monroe, that the first man bailing a Toledoan, shall be tarred and feathered. Judge Higgins is here, and will write you on the occasion. The force which entered Toledo is differently stated as from two to four hundred, but I suspect there were not over two hundred and fifty, those of the lowest grade, led by the Governor's Aid-de-camp, Colonel Humphrey, and others. Their conduct was such as might be expected from that class under the excitement; a set of lawless desperadoes, under leaders that did not wish to exercise any restraint. 770 - STORY OF THE MAUMEE VALLEY "I have it from good authority, that Governor Mason says that he has received a request from the President to comply with the arrangement of Messrs. R. & H., but that he will not, let the consequences be what they will. We suppose Mr. Secretary Cass must have been at least knowing to this late move, as he wrote to Major Stickney that he should be at this place this day, but has not come. I shall endeavor to return and take away my family tomorrow, if possible, but shall not bring them to this place, as the actions of most here seem to say "we rejoice in your troubles." Now for conclusions—our people are getting discouraged; we have no arms, nor succor sent us, which they construe into neglect. I endeavored to cheer them, but it is difficult to comfort them. The continued harassing, together with the frowns of our neighbors, are surely hard things to bear up against. "I shall write again as soon as I find a resting place. "I remain, dear sir, with due respect, "Your obedient servant, N. GOODSELL." "His Excellency, Robert Lucas, "Columbus, Ohio." (Note—Lewis Cass, of Detroit, was Secretary of War under President Andrew Jackson.) J. Q. Adams, the District Attorney of Monroe County, Michigan, reported to Governor Mason on the next day after Deputy Sheriff Wood was stabbed, a detailed statement of the whole affair, accompanied by numerous affidavits. Adams' account of the matter was forwarded to President Jackson with an urgent appeal for his assistance. He represented that Two Stickney, who had stabbed Wood, had fled into Ohio and was protected by Governor Lucas. These representations made a strong impression upon the President, that something must be done to check the tendency towards more serious troubles. Governor Lucas, soon after the adjournment of the extra session of the Legislature, perceiving that what had been done had caused considerable uneasiness at Washington, for the peace of the country 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 full details of the negotiations are too long to report here. The result of the conference of the Ohio representatives with the President, was the urgent plea of the Chief Executive for the suspension of all action by both the Ohio and Michigan authorities TOLEDO AND THE SANDUSKY REGION - 771 until the matter could be settled by Congress, and that all court prosecutions cease; but that no opposition be interposed to the marking of the Harris Line. On the 29th of July, Governor Lucas wrote to Messrs. Patterson, Taylor and Seely, the Boundary Commissioners, informing them of the arrangements made with the President, and advised a commencement of the survey of the line on the 1st of September, at the point where they had left off. The attention of the whole country had now been directed toward the controversy and developments arose which made it mandatory that Governor Lucas do something to preserve the honor of Ohio without waiting for the slow action of Congress. The Legislature of Ohio had created a new county out of a portion of the disputed. territory and a portion of its own proper domain, and called it Lucas, after Governor Lucas. It had provided for the court to be held on the 7th of September, at Toledo, within the disputed territory. The actual holding of that court would be an exercise of a greater jurisdiction than was contemplated in the propositions of Rush and Howard, or in the concession of the President to Messrs. Swayne, Allen and Disney. If the authorities of Michigan would keep quiet, there would be no obstacle in the way of holding the court; although it would be an exercise of jurisdiction over territory not belonging to Ohio, in derogation of the authority of the United States. Although Governor Mason, whose acts had been universally approved by the people of Michigan, had been removed, and Mr. Shaler appointed in his place, who was supposed to be more conservative in his views of the controversy, yet the performance of an unlawful act in a lawful manner, was no easy matter. As it was out of the question to think of resorting to force to accomplish the object, "brains were used in the place of muscle." Governor Lucas sent his Adjutant-General, Samuel C. Andrews, to Lucas County to advise with the judges and officers, and engineer generally the holding of the court. The Adjutant-General directed Colonel Vanfleet to call out his regiment to act as a posse subject to the orders of the sheriff, for the protection of the court. Andrew Coffinberry, an old and experienced lawyer, was engaged by the Governor to act as an assistant prosecuting attorney. Colonel Vanfleet promptly obeyed the call, and ordered his regiment to rendezvous at Miami, below then Maumee, to be in readiness to serve as the sheriff's posse. Adjutant-General Andrews, accompanied by Major-General Bell, took up quarters 772 - STORY OF THE MAUMEE VALLEY at the hotel, in Toledo, demeaning themselves as private citizens, just happening to be there. According to previous arrangement, the judges, sheriff and attendants, met at Miami on Sunday afternoon of the 6th of September, to proceed together to Toledo the next morning, under the escort of Colonel Vanfleet to hold the court. Colonel Vanfleet had only about one hundred men of his regiment on the ground. This force was deemed sufficient to disperse any mob that might collect, and it was uncertain whether there would be any obstruction at all. Just at evening, while the judges and the Colonel were arranging matters, preparatory for a start the next morning, a scout whom the Colonel had sent out to reconnoitre, came in and reported that General Brown had just arrived at Toledo with a large military force, to prevent the holding of the court. He was reported to have 1,200 men completely armed with muskets, and a train of artillery. [Gen. Brown corrected this account by stating that his main force halted at Mulholland's, and remained there on the night of the 6th, and that he sent Col. W. Wing forward to Toledo with a detachment of 100 men, to watch the judges, and arrest them, if they attempted to open court. The main force arrived at Toledo next day.] The judges were confounded with fear at learning these facts. Colonel Vanfleet, at once, ordered his men to form into line; the report brought by the scout was discussed by the judges and sheriff. Some of them were in favor of giving up, and not attempt to hold the court; some said they would be laughed at, if they backed out; that it was their duty to make the attempt. Judge Higgins and Andrew Coffinberry were not present, and therefore, the associate judges hesitated the more, on that account. They did not feel like taking so much responsibility on themselves alone, without the president judge and the able assistance of the "old Count." As they could not come to an understanding among themselves as to the proper course to pursue, they agreed to leave the matter with Colonel Vanfleet and abide by his decision. While this discussion was going on, the Colonel did not say a word, but with sword in hand, walked up and down the line in front of his men, and within hearing distance of the judges. Those that were opposed to going to Toledo, were in favor of leaving the matter with the Colonel, supposing that he would not think of exposing his 100 men to be gobbled up by 1,200; and would, therefore, de- TOLEDO AND THE SANDUSKY REGION - 773 cide not to go and relieve them from the responsibility of refusing. The Colonel, fruitful in military expedients that would have done credit to a veteran of the regular army, already had his plans arranged. He turned to the Judges and with a determined military bearing exclaimed, "If you are women, go home; if you are men, do your duty as Judges of the Court; I will do mine. If you leave the matter entirely with me, I will be responsible for your safety, and insure the accomplishment of our object; but if otherwise, I can give you no assurance." This settled the discussion ; the honour and safety of the court, and the "peace and dignity of the State of Ohio" were placed in his keeping. He addressed his men, and told them that he was about to undertake a hazardous expedition, and wanted the services of twenty of the best men in the regiment to go with him, and the balance to remain in camp ready for orders. All those who were willing to share the dangers and honor with him in upholding the authority of the State and protecting the dignity and honour of the court, were requested to advance four paces to the front. "Thirty as brave men as ever faced a foe, advanced;" and twenty out of that number were selected. He was restricted to twenty men, as he had only horses enough to mount that number. He gave orders to Capt. Granville Jones, the officer left in command of the camp, to be prepared to execute any orders that he might send him. He told the Judges that the 7th of September would commence immediately after midnight, and that there was no hour specified in the law when the court should be opened. Governor Lucas wanted the court held, so that by its records he could show to the world that he had executed the laws of Ohio over the disputed territory, in spite of the vapouring threats of Governor Mason. "If we furnish him that record, we shall accomplish all that is required. Be prepared to mount your horses to start for Toledo at precisely 1 o'clock, A. M. I will be ready with an escort to protect you." At the hour named, the Judges and officers of court were promptly in the saddle. Colonel Vanfleet was ready with his twenty men, mounted and completely armed. Each man had a rifle in addition to his two cavalry pistols. They proceeded to Toledo, reaching there about three o'clock A. M., and went to the schoolhouse that stood near where Washington Street crosses the canal, and opened court in due form of law. Junius Flagg acted as Sheriff. The proceedings were hastily written on loose pieces of paper and deposited in the Clerk's hat. When the court 774 - STORY OF THE MAUMEE VALLEY adjourned, the officers and escort went to the tavern, then kept by Munson H. Daniels, not far from where the American House later stood, kept by J. Langderfer, registered their names and took a drink all around. While filling their glasses for a second drink, a mischievous wag ran into the tavern and reported that a strong force of Michigan men were close by, coming to arrest them. They dropped their glasses, spilling the liquor, and sprang for their horses with all .possible haste, leaving bills to be settled at a more leisurely time. As they had accomplished the work intended, speed was of more importance than valor. They took the trail that led to Maumee, by way of the route nearest the river. They went at such a furious speed that if their charge had been made in the opposite direction towards the enemy, they would have pierced the most solid columns. When they arrived at the top of the hill, near where the Oliver House building now stands, not discovering the enemy in pursuit, they came to a halt and faced about. It was then discovered that the Clerk, Dr. Horatio Conant, had lost his hat, and with it the papers containing the proceedings of the court, from which the record was to be made up. Conant wore one of those high, bell-crowned hats, fashionable in those days, and which he used for carrying his papers as well as covering his head. It was then the custom in travelling to carry everything in the top of hats, from a spare collar and dickey to Court papers. The hat of the Clerk, reaching high above his head, burdened with its load of paper and other incumbrances, was steadied on by the left hand for greater safety, while the right held the reins. But in spite of this precaution, it struck against an overhanging limb of a tree with such violence that it was knocked off and fell to the ground. Notwithstanding that they all believed they had been discovered and pursued, and might be surrounded by superior numbers and taken if they delayed; yet the importance of recovering the papers was such as to nerve them to the boldest daring. Colonel Van-fleet directed the Clerk and two of the guards to dismount, and feel their way back carefully in search of the papers, while the balance of the posse kept watch to cover retreat. He cautioned them to move with as little noise as possible and if likely to be discovered by the enemy, to conceal themselves and watch their movements so that they could use the best possible advantage to accomplish their object. The search proved successful ; the hat was found and the papers recovered. The party reported no enemy in sight. The State of Ohio was now triumphant; a record TOLEDO AND THE SANDUSKY REGION - 775 could be and was made up and still exists, to prove that the State of Ohio on the 7th day of September, 1835, exercised jurisdiction over the disputed territory, by holding a Court of Common Pleas in due form of law. Here is the record made up from the recovered papers : "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 Monday, the 7th day of September, Anno Domini, Eighteen Hundred and Thirty-five. Present, the Honourable Jonathan H. Jerome, Senior Associate Judge, of said County; their Honours, Baxter Bowman and William Wilson, Associate Judges. The Court being opened in due form by the Sheriff of Said County. Horatio Conant being appointed Clerk of said Court, exhibited his Bond, with sureties accepted by the Court agreeably 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." The feeling of joy at recovering the papers was so great that Colonel Vanfleet ordered two salutes to be fired on the spot. He knew that the distance was short to the line of the State, where there was no dispute about jurisdiction, and that if pursued, they could reach there before being overhauled. The party proceeded to Maumee at a leisurely pace, reaching there a little after daylight. While the court was in session Colonel Wing, with a detachment of 100 men, was stationed in the village to watch the Judges and arrest them if they appeared and attempted to hold court. The failure to discover the Judges was no evidence of lack of vigilance on the part of the Michigan authorities. General Brown did his duty. He had never witnessed the opening of courts at that early hour in the morning, and was, therefore, taken entirely by surprise. The first intelligence that he and most of the citizens of Toledo had of the holding of the Court, was obtained after they heard the salute fired by the escort. General Brown and Governor Mason were very much disappointed. Although on the 29th of August, Mason was notified that he had been superseded by the appointment of Charles Shaler, yet he accompanied the expedition, and on the 6th of September issued a Gen- 776 - STORY OF THE MAUMEE VALLEY eral Order as the Executive of Michigan, assigning General Brown to the chief command of the military forces. Charles Shaler does not appear to have accepted the appointment. "Whatever of honor or advantage the State of Ohio gained in this contest, she owes to Colonel Vanfleet, the General Jackson of Lucas County. General Jackson saved New Orleans and upheld the honor and glory of the American Flag with the loss of only seven men in an engagement with more than twice his own number, while Colonel Vanfleet upheld the peace and dignity of the State of Ohio within the County of Lucas, against sixty times his own number without the loss of a single man or the the shedding of one drop of blood." On the 19th of February, 1846, the Legislature of Ohio by resolution authorized the payment of $300 to Major Stickney for damages to his person and property, on account of depredations committed on him during this contest, and also authorized the Auditor of State to adjust and pay him all costs and expenses incurred by him on account of being arrested on the 8th of May and 20th of July, 1835, and being taken to Monroe jail in Michigan. Governor Mason and General Brown finding no further use for an armed force, repaired to Monroe and disbanded their army. John S. Horner after this appears to have been the Acting Governor of Michigan. A lengthy correspondence was carried on between him and Governor Lucas which resulted in the discontinuance of the prosecutions commenced under the act of the Territorial Legislature of the 12th of February, 1835, except in the case of Two Stickney, who stabbed Deputy-Sheriff Wood, in the previous July. Governor Horner made a requisition on Governor Lucas for him as a fugitive from justice. Governor Lucas refused to give him up, claiming that the offense, if any, had been committed within the limits of Ohio, and that therefore the Courts of Michigan had no jurisdiction over him. Although this refusal was in direct opposition to the views of the authorities at Washington, no serious difficulty grew out of it. The people of the disputed territory from this time on, were left to regulate matters in their own way. Public sentiment among the inhabitants gradually settled down in favor of the Ohio jurisdiction, and peace and quietness were restored. The Boundary Commissioners resumed the work on the second of November, and completed it without molestation. At the next session of Congress, on the 15th of June, 1836, TOLEDO AND THE SANDUSKY REGION - 777 Michigan was admitted into the Union with her southern boundary 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; both parties thereby acquiring lands that neither had any legal right to, after having exhibited their prowess in war without bloodshed. CHAPTER LI MAUMEE AND SANDUSKY RIVER SYSTEMS OUTLINE OF THEIR TRIBUTARIES-EARLY NAVIGATION-COMMERCIAL ACTIVITIES AND MILL SITES-THE BOAT BUILDING INDUSTRY-SAILING CRAFT THEN STEAMBOATS-ADVENT OF THE CANALS-STORY OF TRANSPORTATION BEFORE THE RAILROADS-THE PORTAGE RIVER SYSTEM. From the earliest times the rivers were the great natural highways of inland travel and commerce. On their hunting expeditions, migratory movements and in times of war, the savage in his bark canoe traversed the Maumee and Sandusky and their tributary streams; and even the Portage system between. When the first white man came, for his deep interior explorations he utilized the same method in discovering and marking the course and character of these great arteries of the forest primeval. Cartier and Champlain came up the St. Lawrence, De Soto found the Mississippi, La Salle discovered the Ohio and other adventurers located the main water courses entering the Great Lakes. The Maumee and Sandusky were the two great roads connecting the north country and the lower lake region with the South and West. It has been told how, in the formative period of the world, these two drainage systems were formed or developed by Nature, so the waters at their source might carve their way to an outlet. The earliest people known to history in this section glided over their waters and this story is permeated with accounts of the early white traveler who in the country's progress and development, paddled along their devious windings. La Salle in 1680 on his return from his western trip after he left the Griffin, while at Fort Frontenac wrote the information—"There is at the end of Lake Erie, ten leagues below the strait (Detroit River) a river by which we could shorten the way to Illinois very much. It is navigable to canoes to within two leagues of the route now in use." This is probably the first definite mention of the Maumee River in history. Then as to the Sandusky, Homan's map of 1707 gives the name Sandouski to the bay at the mouth of the river. And an article on the Cana- - 778 - TOLEDO AND THE SANDUSKY REGION - 779 dian Indians written in 1718 says: "A hundred leagues from Niagara, on the south side of (Lake Erie) is a river called Sandosquet, which the Indians of Detroit and Lake Huron take when going to war with the Flatheads and other nations toward Carolina. They ascend this River Sandosquet two or three days, after which they make a small portage of about a quarter of a league. Some make canoes of elm bark and float down a small river (the Scioto) that empties into the Ohio. Whoever would reach to Mississippi easily, would need only to take this beautiful river or the Sandosquet & He could travel without any danger of fasting, for all who have been there have repeatedly assured me that there is so vast a quantity of buffalo and of all other animals in the woods along that beautiful river, they were often obliged to discharge their guns to clear a passage for themselves." The Maumee Valley includes Northwestern Ohio proper, some of Northeastern Indiana and a portion of the middle lower part of Michigan. So far as Ohio is concerned, the valley includes generally speaking, the counties of Lucas, Fulton, Williams, Defiance, Henry, Paulding, Putnam, Hancock, Van Wert, Mercer, and Auglaize, a good portion of Wood County and a small part of Hardin and Seneca. The Maumee River proper, rich in history and unsurpassed in scenic beauty, is formed by the junction at now Fort Wayne, Indiana, of the St. Marys from the south and the St. Joseph on the north. The source of the St. Marys is in Mercer County, while the St. Joseph rises in Hillsdale County, Michigan. The latter drains about 244 square miles of Michigan, 663 square miles of Indiana, and approximately 226 square miles of Ohio lands. The St. Marys drains 428 square miles of Ohio and 356 square miles of Indiana. The length of the entire Maumee basin is, from north to south, 110 miles, its breadth approximately 100 miles, and it drains about 6,550 square miles of territory. The principal tributaries of the Maumee are the Tiffin and the Auglaize. The Tiffin River enters the parent stream from the north a short distance above Defiance and drains in Ohio, a considerable section of Defiance, Fulton and Williams counties. The Auglaize River rises in the western part of Hardin County and drains a portion of Allen and Auglaize counties and in its winding course travels about seventy-five miles in reaching the Maumee in the lower part of now the City of Defiance. Its system takes the water from an area of 2,500 square miles. The 780 - STORY OF THE MAUMEE VALLEY Ottawa River, a tributary, develops in what was known as the Hog Creek marsh in Hardin County, and was early called Hog Creek. The story goes that its former name came to it by reason of a government contractor of the War of 1812, abandoning a drove of hogs in that section which later developed into a large colony of the wild variety. Another account says Alexander McKee, the British Indian Agent, as far back as 1786, left some hogs in the neighborhood mentioned, a part of a plundering expedition into Kentucky. Whatever the manner of their origin, there were many wild hogs along the drainage stream of the Hardin marsh. Passing through Lima, Ottawa River empties into the Auglaize about two and a half miles north of west from Kalida, Putnam County. The Blanchard River, the largest Auglaize tributary, originally known as the Blanchard Forks, has its source in what is now the northeast section of Hardin County, flows northerly into Hancock County, courses west through Findlay and Ottawa and reaches the Auglaize in Putnam County about two miles east of the Paulding-Putnam division line and slightly north of the midsection of Putnam north and south. It drains besides Hancock and Putnam, a portion of Hardin and Allen counties. The Blanchard drains about 925 square miles of territory. Its principal upper tributaries are Eagle, Lye and Ottawa creeks. The Little Auglaize enters the Auglaize from the south in Brown township. Paulding County, about two and a half miles below Oakwood and five miles below the mouth of the Blanchard. It drains through its tributaries the most of Van Wert County and the southeastern portion of Paulding County. Quaker River or Creek, named from the Quaker mission school once located on its banks, enters the Auglaize just above Wapakoneta. There are only small runs entering the Maumee below Defiance until the North and South Turkeyfoot creeks are reached in Henry County below Napoleon and above Grand Rapids, entering from opposite directions. Bad Creek crosses into Henry County from Fulton, reaching the Maumee at Texas ; Beaver Creek from Wood County enters the river from the south just below Grand Rapids; and nearly half the distance from there to Perrysburg from the same side, Tontogany Creek also drains a portion of Wood County into the Maumee. Then, finally comes Swan Creek at Toledo from the west, draining portions of Lucas County, and the Ottawa River which enters the Maumee Bay at about the Ohio-Michigan TOLEDO AND THE SANDUSKY REGION - 781 boundary line, taking its waters from Lucas County, its head being Ten Mile Creek. In the years 1839-1842, what is known as the Independence Dam, 763 feet long, was built across the Maumee a few miles below Defiance to supply water for the Miami and Erie canal. The slack water extends eight miles above, including three miles up the. Auglaize and two miles up the Tiffin River. Below the dam, the canal in its operative days took the dug channel to the slack water or pond above the second state dam across the river at Grand Rapids, built for the same purpose. The latter dam is 1,700 feet long on the north side of the island in the river there, and 661 feet in length from the island to the Wood County bank on the south side. From this point to Maumee and Perrysburg, there is a remarkable series of rapids, known in their order as the Grand, Fowler, Bear, Wolf, Otsego, Roche de Boeuf, Presque Isle and Maumee or Lower Rapids. In early days at settlement points along the river, men of enterprise built low dams, generally wing dams, to furnish power for "grist mill" and sawmill purposes. There was a complete dam built across both channels at Dodd Island, Waterville and a full dam at the Otsego Rapids. They furnished for many years water power for both flour- and saw- mills. After ice and floods, they had to be repaired, but after the canal era in 1842, they went into decay. Wing dams were built to drive mills at the Grand, Fowler, Roche de Boeuf and below Otsego. A hydraulinc canal, evidences of which can yet be seen, was dug along the right bank of the Maumee from five miles above the village to Perrysburg, to furnish power for mills at that place. As the project could not compete with the high power derived from the six high canal locks at Maumee, after several years' trial, and after the company was for a long time in the courts, the enterprise was abandoned. Presque Isle on the left bank of the river was named by the French from the fact that the topographical situation there has the appearance of a peninsula, caused by the deserted channel of the stream still further on the left. The Maumee sources and larger tributaries at an early day furnished water power for various mill enterprises. The only natural lakes drained into the Maumee come from Michigan and Indiana through the small streams joining the St. Joseph. There is Bird Lake in Hillsdale County, Michigan, with a dam on its outlet which furnished water power for wool carding- and saw- 782 - STORY OF THE MAUMEE VALLEY mills. A dam at Cambria Mills formed a large reservoir which early furnished power for extensive flouring and sawing mills, with other mills in this section. There were water mills all along the St. Joseph system. As was the case with other streams, at an early period, there were many water power mills along the St. Marys. One of the first dams with its always accompanying mill, was constructed in 1822 where is now the town of Willshire, Van Wert County, by Capt. James Riley, one of the United States land surveyors in this section. On the Ottawa River, one of the most prominent early grist mills and dams was built at Kalida, Ohio, in 1836 by Gathrie & Sarber. Dams and mills were numerous along the Blanchard River in early days, being built in Delaware, Marion and Findlay townships, Hancock County. An extensive dam two and a half miles below Findlay five feet high causes slack water as far up as that city. A flouring mill was operated at the dam for many years. In 1835, at Pandora, Putnam County, on Riley Creek, Joseph Stout built a flouring mill, and in 1837 Elisha Stout constructed a dam and built a flouring mill on the Blanchard at Gilboa. The Blanchard mills were extensively patronized from a wide range, even Paulding County pioneers bringing their corn and wheat there. On the Auglaize in Perry township, Putnam County, are the Kilcannon Rapids, named for a very early settler there. In 1834, Samuel Myers, a Marylander, casting his fortunes in the new West, purchased large tracts of land at this point, built a dam across the Auglaize, and a flouring mill was built on the east end and a sawmill on the other bank. Especially the flouring mill was in operation for many years. In 1836, a Doctor Jacob Dewese laid out a town on the left bank of the Auglaize a short distance above the mouth of the Blanchard, he named Franconia. He constructed a dam and built a mill, but floods took out his dam and his project was abandoned in two or three years. His next enterprise, a flouring mill and dam on the Auglaize in Defiance township, Defiance County, was also a failure. The only stream of importance in Defiance County entering the Auglaize is Powell Creek, which drains besides a part of Defiance County, a portion of Putnam. A clam and mill was an early enterprise on this stream. Then to the east of the Maumee region lies another famed and beautiful valley. And in truth, as typical of American develop. ment, combining history with the romance of the aborigine, the early wars and the struggles of advancing civilization, no sec- TOLEDO AND THE SANDUSKY REGION - 783 tion in all this domain surpasses the story of the Valley of the Sandusky. The entire fabric of this narrative is saturated with dramatic situations along the Sandusky, from the very beginning until the finis. The earliest people known to the American continent, the Mound Builders, were habitants here with more permanence than on the Maumee and left earthen records of their handiwork. Neutral towns of the earliest tribes of the American Indian were divided by its course; the earliest white traders, passing down through the American Revolution, established themselves up and down the tortuous stream, while the stories of the first armed forces as well as the messengers of peace, the missionaries, are spread prominently upon the pages of its early records. The Sandusky, Sah-un-dus-kee or Sandoski River, in its beginning, was formed from the springs and head streams of now Richland County. It flows in a southerly and westward course through Crawford, bends northward and then north through Wyandot and finally eastward of north through Seneca and Sandusky counties until it reaches the Sandusky Bay—"Little Lake." Its course is so notional in its wanderings that it turns to all points of the compass. As it flows through hills and plains (former prairies) it is rapid in most of its upper travels, but near the lake it broadens into a low, marshy section with wide, shallow inlets. There are two prominent rapids—one at Upper Sandusky and the second at Lower Sandusky, or Fremont; the latter in early days the head of navigation, being slack water. The influence of the northerly winds upon Sandusky Bay, often raises the water in the river over two feet above the ordinary stage up to Fremont. Some of the finest scenic beauty of its character in all the country is found in the rolling territory through which the Sandusky passes, especially south of Tiffin in Seneca County. Above the old St. John's mill site, the river banks rise precipitately in places to approaching a hundred feet on the west bank, the little valley eastward showing wondrous loveliness. Besides Upper Sandusky and Fremont mentioned, the river runs through the heart of Tiffin. The main tributaries of the Sandusky are Sycamore Creek, Honey Creek and Broken Sword Creek from the east, and Tymochtee Creek from the west. Sycamore Creek with tributaries drains the northwestern section of Crawford County, below the town of Lykens takes a southerly bend and in a westerly turn 784 - STORY OF THE MAUMEE VALLEY enters the northeast corner of Wyandot County, passes near the town of Sycamore, and enters the Sandusky south of the Wyandot-Seneca county line. Honey Creek takes its headwaters from a territory as far east as now Huron County, flows in a westerly direction north of Bloomville, Seneca County, bends southward through the historical old town of Melmore, turns sharply northward and enters the Sandusky some two miles south of Tiffin. Honey Creek, a beautiful stream, is famous for the many springs which fed its waters, some of which give indications of flowing on to "the end of the years." The Mound Builders left evidences of their habitations along its upper banks, the American Indians of history established their villages along its course, where Missionary Badger among others visited them in his time, and its limpid waters are famed in story and the songs of the Muses. It evidently takes its name from the many swarms of wild honeybees which early fed upon the basswood and other flowering trees of that section. Even the historical character James Kilbourne, who built the pioneer turnpike from the interior of Ohio to the site of Sandusky City, establishing that town, was so impressed with the situation when he arrived there with his surveying party, that in the fullness of his heart, while sitting on its banks, he wrote a poem—"To Beautiful Honey Creek." Broken Sword Creek, flowing a westerly then southerly direction in Crawford County, practically parallel with the headwaters of the Sandusky itself, enters Wyandot County on the east at about its center north and south, runs southerly and enters the Sandusky in the southeastern part of Wyandot County about six miles southeast of Upper Sandusky. It takes its name from the reported story that when Colonel Crawford was captured in 1782, to prevent his sword from falling into the hands of his captors, he broke it across his knee and threw it into this creek, where it was later recovered by the Indians. The story is evidently authentic. The Indian word Tymochtee, means "around the plains." Tymochtee Creek with Little Tymochtee, takes its headwaters even from a slight portion of Hardin and Marion counties. It winds through almost the entire west central portion of Wyandot County and veering to the east, enters the Sandusky River about two miles and a half south of McCutchensville and some five miles east of Carey. "Around the headwaters of the Tymochtee" stretched the famous Sandusky Plains, containing many thousands of acres, and told about heretofore by James TOLEDO AND THE SANDUSKY REGION - 785 Smith in his Ohio travels and by many early adventurers through the region. Coming in from the south and from the Ohio water shed which divides the waters of Lake Erie from the Ohio in the northern part of Marion County, rises the Little Sandusky. After traveling comparatively straight north, it enters the Sandusky proper about five miles above Upper Sandusky. Lesser tributaries of the Sandusky on the west, are Wolf and Muscalonge creeks. Wolf Creek drains a large section of western Seneca County and enters the Sandusky from a southwesterly direction, about a mile and one-half north of the Seneca-Sandusky line. Muscalonge Creek is of surprising length for the volume of water it gathers. Its head drainage is in the northwestern part of Seneca County not far from Fostoria. It gradually closes in towards the Sandusky and meets it at a big bend in the latter stream four miles north of Fremont. Another western tributary is Mud Creek, which with Green Creek, South Creek and Bark Creek, flows in a northerly direction, gradually converging like the Muscalonge, and enter the Sandusky near the northern Sandusky County line. The most important of these smaller streams is Green Creek, famous for its series of Sulphur Springs. The head of its west branch rises in Seneca within three-fourths of a mile from the north boundary line, in a series of these springs, the largest of which discharges about six hundred cubic feet of water per minute. The springs at the head of the east branch of the creek or the main stream are the better known, and are called the Green Springs. They are located in Section 31, Green Creek township, Sandusky County, and in the northern part of the village of Green Springs. Here an underground "river" forces itself through fissures in the rock bed fifty feet below the surface, and from a great natural well ten feet in circumference and eighteen feet deep, without an obstruction, discharges 8,000,000 gallons of water every twenty-four hours, or nearly three hundred and thirty-four thousand gallons per hour. The water is strongly impregnated with sulphur and other mineral solutions, "which stain a rich emerald every substance coming in permanent contact with it, varying in shade under the influence of light." The water is declared to possess highly curative medical properties. The two head streams unite in the center of Section 31, the township mentioned, and flowing mostly north, reach the Sandusky about fourteen miles distant, near the bay. Approximately, the Sandusky River, if measured in its course 786 - STORY OF THE MAUMEE VALLEY by practically a straight line, would be about eighty-two miles in length. But a line run in the middle of its tortuous channel would make its length about one hundred and twenty-three miles. From State Street bridge in Fremont to its mouth (lower end of Eagle Island) a line run in the center of the channel measured seventeen and one-half miles. At Eagle Island the old channel ran on the south side into the Sandusky Bay at "the eastern extremity of what was formerly a part of Peach Island," where it is believed was located Fort Junandat—"the fort and home of Nicolas, the rebel Wyandot chief." The channel north of Eagle Island was dredged in 1865-66 to a depth of ten feet, which since that date has been regarded and used as the main channel. The Sandusky basin in its greatest extent from north to south is approximately sixty-five miles and its greatest width from east to west some forty-five miles. Its form is oval and it drains something over two thousand square miles of territory. Between the Maumee and Sandusky River systems, lies the smaller valley drained by the Portage River system. Emptying into Lake Erie where is now Port Clinton, Ottawa County, where there are low, shallow inlets near its mouth reaching in different directions, the Portage, following up stream, passes through the entire length of Ottawa County, cuts through Woodville Township in the northwest corner of Sandusky County. In entering Wood County at Pemberville two miles from the east line thereof and about the middle of the county north and south, it spreads fanlike over the southern and eastern portions of said Wood County. At the "Portage Forks" at Pemberville, the east branch of the river passes up through Freedom Township to New Rochester, where there is a second fork; the east branch thereof from the south draining even the southeast corner of Wood County to Fostoria, and also a small portion there of Hancock and Seneca counties. What is known as the middle branch of the Portage branching westward from New. Rochester, with its various upper converging head tributaries, drains a wide southern central section of Wood County and the northern edge of Hancock. The Portage north branch, so-called, heads from Pemberville southwest through Scotch Ridge, the village of Portage and with its various head streams drains southwestern Wood County and portions of Hancock and Henry, in the vicinity of Deshler. An east and west ridge through northern Hancock County divides the Portage system from the Blanchard, a part of the Maumee system. The Portage runs through Oak Harbor, Elmore and Woodville. TOLEDO AND THE SANDUSKY REGION - 787 Artificial drainage and the clearing of the vast forests have brought great changes to the rivers and smaller streams of both the Maumee and Sandusky River systems, as well as the Portage. The water courses at an early day were much more formidable in size , the average stage of water being much higher. Streams of small character now, were then declared navigable and utilized for commercial purposes. As an example, there have been such great changes in conditions at the Sandusky Bay and at the mouth of the Sandusky River since the early explorers mapped that region, as to make the situations almost unrecognizable. The map of M. de Lery of 1754, shows the northern and southern shore lines at the west end of the bay to be nearly parallel and the bay of almost uniform width. At the present date, the west end is over six miles wide "with a deep bow southward." Along the southern shore there were once heavy forests of oak, elm and ash. Heavy seas produced by strong northern winds, finally inundated the lands to such an extent that the giant trees were undermined and destroyed and great inroads made by erosion in the shore line. Eagle Island in 1820 contained 134 acres, covered with heavy timber, mostly honey locust and walnut. At present the island is practically nothing but a marsh. The following is taken on the subject from the writings of that learned historian, the late Basil Meek: "The greatest change on the bay has been along the shore from a few miles east of Pickerel Creek, to the mouth of the river. The bay here is wider than farther east, and as the shores receive the full sweep of the northeast seas, erosion shows with greater force and extent on the south shore than on the opposite side of the bay. Several of the present land owners in this vicinity say, that the shores have washed away from eighty to one hundred rods during their recollection. The north shore of the bay has, from recent measurements compared with the original government survey of 1820 (by Sylvanus Bourne) receded as much as forty rods near Presque Isle, while at its western end it has undoubtedly receded much farther. The great northeast storms, which there so frequently occur, have produced lasting changes on the bay and marshes; and those which were most effective, because occurring at a time of the highest water, were in 1857-1862. A large part of Eagle Island, as well as many acres along the south shore, were washed away in these storms. Records show that Lake Erie reached a higher level in 1838 than ever before, so far as we have evidence, and much of the timber bordering the shores of the bay and on the islands was 788 - STORY OF THE MAUMEE VALLEY killed by the stand of high water then, and also by the later high water of 1858 to 1860. "Most of what is now marsh and open water, from Raccoon Creek to South Creek was formerly prairie, covered with joint grass and hoop-pole grass, as was also that west of South Creek to Green Creek. Records of the lake level, kept in different places, show, that at four times in the first half of the last century, the water was lower than at any time in the last half. In 1810 and in 1819 it was lower than at any time since 1820; in 1841 and 1846 it was lower than at any time since the latter date, In the absence of any record of exact measurements of lake level; west of Cleveland, we have, however, evidence that the water about Sandusky Bay and the islands was lower in the early part of the last century than it was later. "Certain it is, that during the past century, heavy Umbel grew in and about the Sandusky River marshes, where there is now two or three feet of water, and no timber. From a survey made for the Winnous Point Club in 1893, in eight sections of land adjacent to the mouth of the river, there is not now more than half a section of dry land. These same sections in the survey made by the government surveyor in 1820, show five and one-half sections of dry land, most of which is now open water and marsh. In the broad water to the west of Eagle Island, were located Peach, Graveyard, Squaw and Cape Islands and the Middle Ground ; the latter two have entirely washed away in late years and Peach, Graveyard and Squaw islands are so diminished in size that the noted rebel chief, Nicolas, and his band of recalcitrant Wyandots who inhabited Peach and Graveyard islands in 1745, would today have much difficulty in securing sufficient dry ground for a habitation. The same is also true of Cherry Island, where some accounts say he at first settled. "From the statements of a number of land owners residing along the shores of the bay, who are familiar with the annual encroachment of its waters, it is safe to say that the present site of Fort Sandusky, which was, according to the Journal of M. de Lery, built on the north shore of the bay nearest to the Portage to Lake Erie in about 1745, is probably one-eighth of a mile out in the Sandusky Bay, and, of course, now under water. M. de Lery was a distinguished French Army Engineer, whose residence was at Quebec. He traversed the regions described and kept a journal of his travels." Prof. E. L. Moseley in 1904, in an address before the Ohio TOLEDO AND THE SANDUSKY REGION - 789 State Academy of Science on the "Formation of Sandusky Bay and Cedar Point," also says : "The bay with the connected marshes is probably twenty per cent larger now than in 1820. So far as the enlargement is due to erosion it should proceed more rapidly the wider the bay becomes, for the waves attain greater force. The effect of the waves, however, is diminished by the bay bridge, by jetties at the entrance to the bay, by docks and by stones put on the shore purposely to protect the land. The enlargement of the bay, due to the subsidence of the land, may be partly prevented by dikes and may be effected to some extent by changes at Niagara Falls, produced by human agency. We may reasonably expect, however, that the bay will continue to spread over the adjacent lowland much as it has been doing for centuries past. "It has been supposed that the lake, which after the melting of the southern portion of the glacier, overspread a larger area than Lake Erie does now, subsided until what are now the islands appeared above its surface. This view is doubtless correct, but there is now much evidence to show that it continued to subside until the islands formed part of the mainland and afterward rose and isolated them again, and is still rising and likely to submerge them again. The old beaches which may be traced for long distances running nearly parallel to the present shores of the Great Lakes, must have been level at the time they were formed, but they are not now level, and there has, therefore, been a tilting of that part of the earth's crust which includes the basins of the Great Lakes, as there has been on many other parts. These beaches all have gentle slopes, toward the south and southwest, indicating that in this part of North America, there has been an uplifting of the land toward the north and northeast, or a depression toward the south, southwest or both. The effect of this tilting of the basins of these lakes has been to raise the water on the south and west, as compared with that on the opposite sides, just as the tipping of a saucer partly filled with water would do. "This rise of the water due to tilting of the land, 2.14 feet in a century, is about the same as the change of lake level that sometimes occurs within a year, in consequence of variations in the rainfall ; and is considerably less than that produced in Sandusky Bay by a single northeast gale. The present generation is likely to see the water higher than it was in 1858, and in northeast gales, the lower parts of Sandusky submerged; and 27-VOL. 1 790 - STORY OF THE MAUMEE VALLEY before the middle of the next century the water at such times may go quite across the peninsula from Port Clinton to Sandusky Bay. After two or two and a half centuries, the water may cover this part of the peninsula for months at a time and after three centuries may do so at ordinary stages. Marblehead will then be an island and Sandusky Bay will show no resemblance to its present form." As to the situation in this section in 1755 to 1757, reference is made to the story of James Smith in his life among the Ohio Indians. Where was then prairie is now evidently a low marsh. Below the City of Fremont to where it begins to expand near its mouth, the Sandusky is practically of the uniform width of about three hundred feet. The average depth now is about twelve feet —except at such places as the Whitaker Bar, two and a half miles below Fremont, and the bar at the junction with Mud Creek Bay. As with the Maumee River system, the Sandusky and tributaries in early days had their dams for water power, where flouring and sawing mills were built. Honey Creek and Tymochtee had their quota, and a notable dam on the Sandusky still well intact, is at the old St. John's mill site, a beautiful situation above the City of Tiffin. At the "lower falls" just above Fremont, and where James Smith and the Indians of his party in 1756-1757 "buried their birch bark canoes" for the winter, when spending the cold season farther in the interior, there is now at Ballville dam one of the finest hydro-electric plants in this territory. There were grist mills here as early as 1821; also an early sawmill and a wool carding and fulling factory. The Portage also had its early mills in especially the Oak Harbor, Elmore, Woodville, Pemberville, Scotch Ridge and New Rochester sections. To go into details would require much space. Originally, the land routes were only natural trails winding through the wilderness. With settlements being located, gradually made roads appeared here and there, although at seasons they were almost impassable. Consequently with the establishment of water power mills, the rivers and even many creeks were made the early highways of commerce. Individual mill owners and the combination of two or more farmers on the Maumee system would transport their products by pirogues, some even as far as Detroit. Boating from Fort Wayne to the villages of Maumee and Perrysburg and return ordinarily required abo a week's time. All kinds of current products and merchandise TOLEDO AND THE SANDUSKY REGION - 791 were transported up and down stream ; merchants bringing up their wares in exchange for products to be shipped to the eastern market. Occasional passengers took transportation on these boats. Going downstream with a good stage of water, the ride was comparatively rapid and enjoyable. Returning up the river especially at a low stage of water in these freight boats, was another story. Travelers engaging passage from Port Lawrence (Toledo), Perrysburg and Maumee to Defiance and Fort Wayne, when the various rapids were being negotiated, were often obliged to wade in the river and aid in lifting and pushing the boat over the shallow places, and also help pole the craft up the deeper, sluggish current at other points. Sometimes they would become discouraged, abandon the boat, and take the river trail on foot to their destination. Rafting was another means of taking logs to the mills down stream and timber to the lake markets. All the larger tributaries of the Maumee were navigable for canoes and pirogues at an early day. These included the head streams, the St. Marys and St. Joseph ; the Auglaize with its tributaries, especially the Blanchard ; the Tiffin and Swan Creek. They were ultilized for transporting mill products and merchandise. While it seems almost incredible, passage in canoes was made from Findlay down the Blanchard to the Auglaize, down the Auglaize to the Maumee, and down the Maumee to Perrysburg and Maumee villages. Of course most of these streams were traversed in early days by the traders in transporting their goods and peltries; especially the Auglaize, St. Marys, and Maumee, in transporting army supplies, and arms and equipment during the War of 1812 and before that period. Some of the high spots regarding the craft on the Maumee not hand propelled are as follows : Among the first sail boats built on the lower Maumee for river and lake coast trade were the sloop or schooner Miami, 25 tons, built at Perrysburg site in 1810 by Capt. Anderson Martin for Detroit owners; the Blacksnake, same size, in use from 1814, Capt. James Wilkinson; the Leopard, 1819. The Guerriere, 75 tons, was built at Swan Creek and sold at auction, January 1, 1834, at Sandusky, by John Hollister & Company of Perrysburg. In 1827, the Eagle of 130 tons was built at Perrysburg, and with Capt. David Wilkinson, master, up to 1832, ran between the lower Maumee and Buffalo; the Antelope, 75 tons, was built in 1828. The latter boats were owned in Perrysburg. The Miami and the Chippawa, built at Chippawa, were captured by the British early in the War of 792 - STORY OF THE MAUMEE VALLEY 1812, but were recaptured by Perry in the battle of Lake Erie and used as American lake transport ships. Up to about 1845, there were some twenty schooners of record, some with a tonnage as high as 150 burden on the lower Maumee. Among the most important schooners not mentioned some of which ran between Perrysburg, Maumee, Toledo and Detroit, Cleveland, Sandusky and Buffalo were :