CHAPTER II

THE TOLEDO WAR

The Famous Dispute Over the Northern Boundary of Ohio—Armed Troops Dispatched to the Scene of Trouble by Both Ohio and Michigan—Aggression on the Part of Michigan—What Changed the Sentiment of the People of Toledo.

Scarcely had the Indian war-whoop ceased to resound in our foresets, than another controversy arose that for a time promised to be as bloody. A dispute arose, as to the boundary line between the State of Ohio and the Territory of Michigan and was known as the "Toledo War."

The general supposition was, that the southern point on Lake Michigan was very near the 42nd degree of North Latitude, while in fact it is much further south. Thus it stood, when a man that had trapped and hunted along Lake Michigan appeared at Chillicothe, then capital of the state, and said that the lake ex-tended very much farther south than the maps represented it to be, and that a line run due east from the southern shore of the Lake Michigan would strike above the mouth of the Maumee, instead of below. The convention, in session in 1802, was induced by the representation of the man to change the line, prescribed in the act of Congress, so far as to provide that if it should be found to strike Lake Erie below the Maumee River, then the boundary of the State should be a line drawn from the point where the prescribed line intersected the western boundary of the State direct to the most northern cape of the Maumee Bay. That provision saved to the State of Ohio the valuable ports and harbors on the Maumee river and bay. Yet for many years after, it was a source of bitter strife between the officers of Michigan and those of Ohio. In June, 1802, Congress passed a resolution directing the Commissioner of the General Land Office to cause a line to be surveyed, but the resolution was not carried out until 1817, when William Harris, under the instruction of the Surveyor General of the United States, laid off the northern boundary on the line defined in the Ohio constitution of 1802. Through the influence of General Cass, then Territorial Governor of Michigan, another survey was made, under the authority of the United States government, by John A. Fulton, known as the Fulton line, which touched closer to conformity with the claims of Michigan. On the 23rd of February, 1835, the LegisIature of Ohio passed an act extending the northern boundaries of Wood, Henry and Williams to the Harris line. Previous to this, the authorities of Michigan exercised jurisdiction over the entire territory lying between the Harris line on the north and the Fulton line on the south, as a part of Michigan. Previous to

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1835 the authorities of Wood County at-tempted to extend the laws of Ohio over that part of the territory, claimed to be in that county, by levying taxes, but the people did not recognize the act and refused to pay the taxes. An act of the Legislature, on the 23rd of February, 1835, directed the Governor to appoint three commissioners to run and remark the Harris line.

The Governor appointed Uri Seely, Jonathan Taylor and John Patterson, commissioners to run and remark the line. 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.

Governor Mason wrote to Gen. Joseph W. Brown, who was in command of the Third Division of the Michigan Militia, as follows :

EXECUTIVE OFFICE, DETROIT, Mch. 9th, 1835.

SIR: You will herewith receive the copy of a letter just received from Columbus. You 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.

On the 31st of March, Governor Lucas, accompanied by his staff and the boundary commission, arrived in Perrysburg, on their way to run and remark the Harris line, in complyance with the act of the 23rd of February previous.

Gen. John Bell, in command of the 17th 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 600 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 17th Division of Ohio Militia, under the command of Col. Mathias Van Fleet. The captains of these companies were J. A. Scott, Stephen S. Gilbert, John Pettinger, Felton and Granville Jones, of the "Lucas Guards," an independent company of Toledo. These companies numbered about 300 men. There were also a part of a regiment from Sandusky County, and part of a regiment from Seneca County, these numbering about 300 men.

Governor Mason, with Gen. Joseph W. Brown, arrived at Toledo, with a force under his immediate command, variously estimated at 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 to do other acts inconsistent with Michigan's right of jurisdiction over it. Before there were any acts of violence, two commissioners from the President of the United States, in the persons of Richard Rush, of Philadelphia, and Colonel Howard, of Baltimore, were sent to use their personal influence to prevent any further demonstrations of a warlike character. Hon. Elisha Whittlesey, of Ohio, accompanied the commissioners.

The commissioners and Mr. Whittlesey had several conferences with the Governor, and on the 7th of April submitted the following proposition.

"1st. That the Harris line should be run

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and remarked, pursuant to the act of the last session of the Legislature of Ohio, without interruption.

"2nd. 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 from the authorities of Ohio, or Michigan, until the close of the next session of Congress."

To this Governor Lucas assented and Governor Mason refused.

Governor Lucas disbanded his troops and Governor Mason disbanded part of his also, but still made preparations for any emergency that might occur. Governor Lucas now ordered the commissioners to proceed to survey and remark the Harris line, with the result as shown in their appended report.

PERRYSBURG, May 1, 1835

. To ROBERT LUCAS, Esq., Governor of the State of Ohio.

SIR: In the discharge of the duties, which devolve upon us as the commissioners appointed by your excellency for remarking the northern boundary of this State, which is known and distinguished as Harris' Line, we met at Perrysburg on Wednesday, the 1st of April last, and after completing the necessary arrangements proceeded to the northwest corner of the State and there succeeded in finding the corner as described in the field notes of the Surveyor Harris, a copy of which we had procured from the Surveyor General's office. Thence your commissioners proceeded eastwardly along said line, which they found with little difficulty and remarked the same, as directed by law, in a plain and visible manner to the distance of thirty-eight miles and a half, being more than half the length of the whole line.

During our progress, we had been constantly threatened by the authorities of Michigan, and spies from the Territory, for the purpose of watching our movements and ascertaining our actual strength, were almost daily among us.

On Saturday evening, the 25 ult., after having performed a laborious day's service, your commissioners. together with their party, retired to the distance of about one mile south of the line in Henry county, within the State of Ohio, where we thought to have rested quietly and peaceably enjoy the blessings of the Sabbath—and especially not being engaged on the line—we thought ourselves secure for the day. But contrary to our expectations at about twelve o'clock in the day, an armed force of about fifty or sixty men hove in sight, within musket shot of us, all mounted upon horses, well armed with muskets and under the command of General Brown of Michigan. Your commissioners, observing the great superiority of force, having but five armed men among us, who had been employed to keep a lookout and as hunters for the party, thought it prudent to retire and so advised our men. Your commissioners, with several of their party, made good their retreat to this place. But, sir, we are under the painful necessity of relating that nine of our men, who did not leave the ground in time, after being fired upon by the enemy, from thirty to fifty shots, were taken prisoners and carried away to the interior of the country. Those who were taken were as follows, to-wit : Colonels Hawkins, Scott and Gould, Major Rice, Captain Biggerstaff and Messrs. Elsworth, Fletcher, Moale and Rickets:

We are happy to learn that our party did not fire a gun in return and no one was wounded, although a ball from the enemy passed through the clothing on one of our men.

We have this day learned by some of the men, who were arrested and have just returned, that they were taken to Tecumseh under the escort of the armed force; were there brought before a magistrate for examination; that they denied the jurisdiction; but that six entered bail for their appearance; two were released as not guilty, and one to-wit, Mr. Fletcher, refused to give bail and is retained in custody. We are also further informed by unquestionable authority, that, on the Sabbath day, an armed force of several hundred men were stretched along the line to the east of us, with a view to intercept us on our way.

Under the existing circumstances and in the present threatening attitude of affairs, your commissioners have thought it prudent for the interest of the State, as also for the safety of her citizens and to prevent the threatened effusion of blood, to withdraw from the line and at present suspend the further prosecution of the work until some efficient preparatory measure can be taken which will insure the completion of the under-taking. All of which is respectfully submitted.

JONATHAN TAYLOR,

J. PATTERSON,......Commissioners.

URI SEELY,

J. E. Fletcher refused to give or receive

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bail, when offered, and was placed in jail in Tecumseh from where he reported to Governor Lucas.

B. F. Stickney, of Toledo, was arrested for his adherence to the Ohio faction and taken to Monroe and placed in jail, from where he reported to Governor Lucas.

N. Goosell, also of Toledo, was arrested and taken to Monroe, where he was held prisoner for some days, and then allowed to return to Toledo, from where he reported to Governor Lucas.

These proceedings created great excitement throughout Ohio. The Governor called an extra session of the Legislature, to meet June 8th. 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 for not less than three nor more than seven years. They also passed an act to create the county of Lucas out of the north part of Wood County, embracing the disputed territory north of it and a portion of the northwest corner of Sandusky County. They also passed an act appropriating $300,000 and authorizing the Governor to borrow $300,000 more, to carry into effect all laws in regard to the northern boundary.

They also adopted a resolution inviting the President to appoint a commissioner to go with the Ohio commissioners to run and remark the Harris line.

Until this time the citizens in the disputed territory had been divided, part adhering to Michigan and part to Ohio.

But now a new move was made—one of diplomacy. In February, 1820, the Ohio Legislature passed an act appointing three commissioners to locate a route for a navigable canal between Lake Erie and the Ohio River. An officer was appointed to definitely locate the line of the canal to Lake Erie, but when he reached Toledo, he found the citizens divided in their allegiance to the State of Ohio and the Territory of Michigan. He told them that Ohio would never consent to build the canal to Toledo if it was to become a part of Michigan. It is wonderful how rapid a change of heart occurred, and from that time on the united influences of her citizens were with Ohio.

On June 15, 1836, Michigan was admitted into the Union with her southern boundary limited to the Harris line. There had been bitter feeling engendered, some bloodshed and much money expended in the controversy, but now the storm was over. If all were not satisfied, they at least acquiesced.