USA > Michigan > Monroe County > History of Monroe County, Michigan : a narrative account of its historical progress, its people, and its principal interests Volume I > Part 20
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memorial pile. On the corner of Monroe and Seventh streets there was, a few years before, an ancient and uncared for burial ground, the first burials in which were the bones of an unknown number of unknown Ken- tuckians who had lost their lives in Frenchtown (the former name for Monroe) in battle or massacre, which had heretofore lain unhonored and unmarked in a nearby field. By the persistent and efficient efforts of the Civic Improvement Society of Monroe, this hallowed spot was converted into a beautiful park, shaded by majestic forest trees-Monroe's first in- habitants, carpeted with the soft green turf and adorned by flowers and shrubs. In this attractive spot which was baptized "Memorial Place," it was the purpose of this patriotic band of women to erect a suitable monument to the chivalrous Kentuckians. The purpose took definite form, the movement received encouragement and appropriate recogni- tion from the state government and soon a bill was framed and intro- duced into the legislature by Hon. Simeon Van Aiken, of Ida, senator from Monroe county, providing for an appropriation of $5,000 for the purpose of erecting upon the spot designated a monument to the heroic dead-a tribute to our sister state, and creating a commission to carry out the provisions of the bill. This commission was composed of Hon. H. A. Conant, of Monroe, Hon. John Strong, of South Ruckwood, and Hon. R. B. Robbins, of Adrian. The project was not allowed to rest ; immediate action was taken-a design was adopted and September 1st designated as the time for dedicating the monument. On this day ten thousand strangers from neighboring and distant cities united with the people of Monroe in fittingly honoring the memory of the gallant Kentuckians who fell in defending the settlers of the northwest fron- tiers. It would be a great pleasure to give in detail the eloquent addresses, did our space permit, but we shall have to be contented with presenting the official program of exercises at the unveiling of the River Raisin monument at Monroe, Michigan, September 1, 1904, Hon. H. A. Conant, Monroe, presiding.
Invocation. Rev. A. W. Allen
Address of Welcome Hon. Victor Sisung, Mayor of Monroe Response, . Hon. H. V. McChesney, Secretary of State of Kentucky Music. "My Old Kentucky Home" Presentation of Monument by the Commission to the State of Michigan,
Hon. Richard B. Robbins, of River Raisin Monument Commission
Acceptance of Monument.
Hon. A. T. Bliss, Governor of Michigan "Michigan, My Michigan"
Music.
Address. .Hon. J. C. Burrows, United States Senator
Address, "The Last Echo from the Battle of Raisin,"
Col. Bennett H. Young, of Kentucky
Address.
. Hon. Thomas T. Crittenden, Ex-Governor of Missouri
"Star Spangled Banner"
Music.
Greeting by the Representatives of the Patriotic Societies of the United States :
Grand Army of the Republic,
Col. George H. Hopkins, Dep't Commander Loyal Legion. ...... Col. C. B. Grant, Justice Supreme Court, Michigan United Spanish War Veterans,
Hon. George T. Gaston, Corps Commander Society of the Sons of the American Revolution, Hon. George William Bates, Historian General, S. A. R.
Music.
"Columbia, the Gem of the Ocean"
Society of the Daughters of the American Revolution, Mrs. Laertus Connor, Detroit, Regent
Society of Colonial Dames Mrs. Henry M. Duffield, Detroit
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Society of the Daughters of 1812. . . Mrs. John V. Moran, Detroit Maumee Valley Pioneer Historical Society,
Michigan Pioneer Society . D. K. Hollenbeck, President, Perrysburg
C. M. Burton, President, Detroit
Music
Monroe Civic Improvement Society Mrs. W. Van Miller, President "America"
Benediction Right Rev. Bishop Foley, Bishop of Detroit
Ohio Bugle Corp's Taps
THE LEGEND OF THE OLD CANNON
The accurate history of the ancient piece of British ordnance, which stands in the public square in Monroe, cannot be written for the reason that none now living can remember the story of its capture or of any person who at any time knew the circumstances of its presence here. The most familiar legend in regard to the old cannon which has become the accepted version of a many times told tale, relates to one of the incidents of the attacks by British and Indians upon the settlement of Frenchtown and the subsequent sanguinary battle between them and the force of Kentucky troops under Winchester which met such a deplorable fate. The old cannon is an iron six-pounder, bearing the British coat-of-arms and the usual marks of the founder who cast the piece. When it was first seen here by any living resident it was mounted on a heavy wooden gun-carriage minus the caisson and front wheels. It is said to have been found at the bottom of the River Raisin, near the site of the battle, which was on the north side of the river, now partly covered by the plant of the River Raisin Paper Company, the theory being that in crossing the ice with their artillery, consisting of six cannon, six-pounders, one of them broke through the ice into the river, which was several feet deep. It was left there, owing to the precipitate haste of the British in getting away from the scene who feared an immediate arrival of the forces of General Harrison from the south which were reported on the march. The old cannon remained in the river undiscovered for many years after the battle. It was finally resurrected and put into condition for use, and its career in the "piping times of peace" when its services were in demand for municipal and political demonstrations, pole raisings, Fourth of July celebrations and the like, constitutes its known history in connection with Monroe.
Another statement upon the same subject, based upon the recollec- tions of an old settler, has it that this cannon one of the number com- posing the small battery of the invaders, stationed upon the north side of the river when in action, was disabled, or its gunners so repeatedly picked off by the riflemen of the Kentuckians that it was abandoned, and when the troops and Indians left the scene of the surrender by Winchester this cannon was left behind and fell into the hands of the Americans, together with the bodies of five artillerists who successively served the gun and met the common fate. It was put into one of the large barns near the river and lay there neglected for a long time, when it was finally brought out and placed in the hands of the village authori- ties, eventually becoming city property. So little historic interest did this old relic possess in the minds of one of the mayors and so little senti- ment possessed his spirit that a few years ago it was sold to a foundry to be melted up as old iron, to be afterwards redeemed and recovered by a few more patriotic citizens and, with its granite pedestal, placed in its present resting place. The inscription upon this stone base tells this part of the story in the following words: "Relic of the Battle of the River Raisin, January 18-22, 1813. .
"Presented to the city of Monroe by the Committee of Arrange- ments of the Centennial Celebration of Settlement of Monroe, 1884.'
CHAPTER XIII
THE TOLEDO WAR
OHIO-MICHIGAN BOUNDARY DISPUTE-MICHIGAN AS A TERRITORY-OHIO SETS . UP CLAIM-MICHIGAN TAKES HER STAND-PORT . LAWRENCE TOWNSHIP UPHOLDS MASON-STATE FORCES THREATEN TO CLASH- THE AMUSING SIDE-FALL OF MILITARY LEADER-JUSTICES DIVIDE TERRITORY-NARRATIVE BY AN ACTOR-CONTRIBUTION TO BROWN'S ARMY-MICHIGAN REJECTS OLIVE BRANCH-WASHINGTON AGAIN UPHOLDS MICHIGAN-OHIO BOUNDARY COMMISSIONERS ROUTED- OHIO'S OFFICIAL PRONUNCIAMENTO-MICHIGAN UNDAUNTED-THE BLOODSHED-SHIALER SUCCEEDS MASON-OHIO GETTING EVEN WITH UNCLE SAM-MICHIGAN ADMITTED TO THE UNION-MILITARY ORDERS -MASON GOVERNOR OF NEW STATE.
The Legislative Council of Michigan in December, 1834, memorial- ized Congress upon the subject of establishing a territorial government for Wisconsin. The desirability of accomplishing this act had been discussed for some months, and both official and informal conferences between men of both territories had been held. It was proposed by those interested in Wisconsin to name the new territory "Huron," a most inappropriate name, for the reason that the Huron Indians had not lived there nor were they in any manner identified with it; and Lake Huron did not touch it, but was as distant from it as Lake Erie. After much further discussion of this subject and canvassing of sev- eral other propositions a name was finally found that suited all parties. and "Wisconsin," an appropriate and historical name, was bestowed. Nothing was done by Congress to set apart this territory until Michigan was ready for admission, when Wisconsin was set off on July 4, 1836.
MICHIGAN AS A TERRITORY
On the 26th of January, 1835, an act was passed which, after recit- ing the act of 1805 whereby the territory north of an east and west line "running from the southerly bend of Lake Michigan to Lake Erie" was set apart as the territory of Michigan, and the people, whenever there should be sixty thousand free inhabitants, were authorized to form a permanent constitution and organize as a state, appoint delegates to form a convention to adopt a constitution and state government.
Up to this time Michigan had been in peaceable possession of the country east of Indiana and north of the latitude of the southern point of Lake Michigan as surveyed in 1818 and the authority of Ohio had not been in force there. It had been included in the township of Port Lawrence, laid out at the same time with the earliest township divisions in the rest of the territory. The first act laying out territorial roads in 1828 had established such a road from Port Lawrence, through Adrian, to intersect the Chicago road, and the authorities had surveyed,
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laid it out and opened it at the expense of the territory. The Erie and Kalamazoo Railroad was chartered in 1833 from Port Lawrence to Adrian and thence to Kalamazoo river, the only authority whereby lands were obtained for its line being under the laws of Michigan.
OHIO SETS UP CLAIM
In the beginning of this year (1835) Governor Lucas of Ohio sent in to the legislature of that state a message asserting jurisdiction over the territory south of the mouth of Maumee bay and urging legislation to possess and control it. Upon receiving notice of this action by the governor of Ohio the legislative council of Michigan passed an act on the 12th of February, 1835, "to prevent the exercise of foreign jurisdic- tion within the limits of the territory of Michigan," by virtue of which it was made highly penal for anyone to accept or exercise any public office in any part of the territory except by commissions from the United States or from Michigan. On the 23d of February the Ohio Legislature passed a series of acts and resolutions asserting jurisdiction over the land in question, declaring that measures should be taken by all the de- partments of the state government to establish it, extending organized counties so as to cover it and directing commissioners to run the boun- dary line, and requiring all public officers to extend their authority over it. Governor Lucas at once notified the county officers to exercise their functions and the major general under whose command the new dis- tricts were placed was ordered to enroll the inhabitants in the militia. He also determined to attend the spring elections in person to see that the reorganization was complete and appointed commissioners to meet him at Perrysburg on the 1st of April to run the line. The territorial authorities brought the matter to the attention of the President. Con- gress had adjourned without passing an act giving the land to Ohio. Governor Mason of Michigan ordered General Joseph W. Brown, com- manding the Michigan militia, to hold himself in readiness to resist any attempt by Ohio to carry out the threatened measures, and the legisla- tive council appropriated money to enable the executive to enforce the laws of the territory, and matters began to assume a very menacing and warlike aspect.
MICHIGAN TAKES HER STAND
The attorney general of the United States, Benjamin F. Butler of New York, decided that the Michigan authorities were in the right, in which decision the President and his advisers coincided. Upon receiv- ing his instructions from the governor, General Brown issued an ad- dress to the Michigan militia in the following words: "The crisis antici- pated by your commander-in-chief has arrived; it has become our duty to sustain the executive and the civil authorities on our southern bor- der and to protect our soil and laws from the encroachment of a power- ful neighboring state, manifestly determined to violate both. Your services will soon be required in the field. The undersigned is com- manded to say that if there is an officer in the Michigan militia who hesitates to stake life, honor and fortune in the struggle now before us he is required promptly to tender his resignation that his place may be more efficiently filled. The division quartermaster of the Third Division (Major Ullman) will forthwith inspect the arms, ammunition and mili- tary stores at Tecumseh, Mottville and Niles, and report to the general commanding the division, the amount of and condition of the same. He will also cause the whole to be transported immediately from the above named depots to headquarters in the village of Monroe. Captain Henry Smith is appointed division inspector; Daniel S. Bacon, Esq., division
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paymaster, and Charles Noble, Esq., aid-de-camp to the general of the division. Fellow citizens! A cause which has the sanction of the high- est authority in our nation, as well as the laws of our territory, must be sustained by us and will meet the approbation of all in our common country who respect our institutions and who are capable of appreciat- ing the just claims of the weaker and the injured party when they are sought to be born down by mere physical force. We cannot submit to invasion of our soil. We are determined to repel with force whatever strength of the state of Ohio may attempt to bring into our territory to sustain her usurpation and let the consequences which may follow rest on the guilty heads of those who attempt to deprive us by force of our rightful jurisdiction."
The act passed by the Ohio legislature on February 23 authorized and directed the governor to appoint three commissioners to run and re-mark the Harris line. The 1st of April was the time appointed to commence the survey. There was a division of public sentiment among the inhabitants of the disputed territory as to which government they should yield allegiance.
PORT LAWRENCE TOWNSHIP UPHOLDS MASON
Certain citizens of Port Lawrence township addressed a communi- cation to Governor Mason which follows, and shows that there was a positive sentiment in the disputed territory in favor of Michigan :
"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 our- selves (by force of circumstances) in duty bound to apply for a special act of the legislative council authorizing the removal of the place ap- pointed for holding our township meeting. By a vote of the last town meeting (1834) our meeting must this year be held in Toledo, on the Maumee river. We apprehend trouble and perhaps a riot may be the consequence of thus holding a meeting in the heart of the very hot- bed of disaffection. We therefore pray your excellency and the legisla- tive 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 holden on the - day of April in preference to the usual day and place appointed.
[Signed ] "J. V. D. SUTPHEN, "COLEMAN I. KEELER, "CYRUS FISHER, "SAMUEL HEMMINWAY,
"Delegates from Port Lawrence to the County Convention at Monroe, Michigan."
STATE FORCES THREATEN TO CLASH
Governor Mason had received from Columbus, Ohio, a letter appriz- ing him of certain contemplated movements which he considered of sufficient importance to transmit to General Brown, commander of the Michigan militia, in the following note :
"Sir: You will herewith receive the copy of a letter just received from Columbus. You will now perceive that a collision between Ohio
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HISTORY OF MONROE COUNTY
and Michigan is inevitable, and you will therefore be prepared to meet the crisis. You will use every exertion to obtain the earliest informa- tion 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 secre- tar of war, so soon as Ohio is properly in the field. Till then I am com- pelled to await the direction of the war department.
"Very respectfully, your obedient servant,
"'STEVENS T. MASON." "GENERAL JOSEPH W. BROWN, Monroe."
Governor Lucas proceeded to Perryburg, Ohio, with his staff and the boundary commissioners, arriving there on the last day of March, followed soon after by General John Bell, commanding the Seventeenth Division of Ohio Militia, and immediately mustered into service a volunteer force of some six hundred men, all armed and equipped. This force went into camp at old Fort Miami, where they awaited further orders from the governor; the composition of this force was five com- panies of the First Regiment, Second Brigade of the Seventeenth Divi- sion of Ohio militia under the command of Colonel Mathias Van Fleet ; company captains being : Captain J. A. Scott of the Perrysburg com- pany, Captain Stephen S. Gilbert of the Maumee company, Captain John Pettinger of the Waterville company, Captain Andrew Felton of the Gilead company, and Captain Granville Jones of the Lucas Guards, an independent company of Toledo, amounting to a total of about three hundred effective men. There was also a portion of a regiment from Sandusky county under the command of Colonel Lewis Jennings, and a part of a regiment from Seneca and Hancock counties under com- mand of Colonel Brish of Tiffin, the whole force reaching the total of six hundred men. These troops were recruited from the inhabitants of the localities from which they are accredited.
THE AMUSING SIDE
Some amusing incidents undoubtedly relieved the "stern and awful" preparations for grim war-one, furnished by the veteran, Hon. H. V. Way of Perrysburg, to the Raisin Valley Historical Society, will afford an insight into the humorous side of the situation. "I am unable to give the particulars of the recruiting of any of the companies in Colonel Van Fleet's regiment except that of Captain Scott," says Mr. Way. "The recruiting of that company was as follows: Agreeably to mili- tary usage he employed a drummer to waken the martial spirit of the inhabitants. Instead of establishing headquarters at some particular place, he instituted an innovation by roving up and down the whole length of Front street in Perrysburg, that being the only street except one that contained many inhabitants. He selected a spot near the lower extremity of the street, and one near the upper end of the town, be- tween which the drummer, one Ben Odle, was required to march and continually beat the drum from early morning until night. He wore a two-story white beaver hat with a narrow brim, but by long and severe usage 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 're- cruiting for the war' in large letters was fastened around it. His coat was an old rifleman's uniform of green color, trimmed with black braid. His trousers were domestic cotton cloth, colored with oak bark and also trimmed with black braid down the outer seams of the legs.
"Thus equipped Odle, accompanied by a man carrying the American
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flag, marched up and down the street, 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 court house. The drumming after awhile became annoying to Judge Higgins. The judge was a very nervous man and somewhat irritable at times. One of his peculiar irritable moods came over him during this term of court. IIe vented his feelings by pitching into Cap- tain 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 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 author- ity 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 court room 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 summon Captain Scott, all of which was done in a few minutes. Captain Scott was interrogated whether this man Odle was disturbing the court under his orders. The captain replied that Odle was heating the drum under his orders, having received the instruc- tions from Colonel Van Fleet to employ the musie to aid in recruiting volunteers for the service of the state.
"The judge roared out in a stentorian voice, 'Mr. Sheriff, take Cap- tain Scott and his music organ to jail and lock them up. Mr. Prosecut- ing 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 Seott 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 Higgins' 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 pro- tection, 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 elephant's 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 court room as soon as possible and reported what had taken place at the door below. The judge main- tained a discreet and dignified silence and continued in the trial of the
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case on hand as if nothing whatever of an unusual character had taken place.
"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 little time the judge directed the sheriff to go and find Captain Scott and ask him if he would be 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.
ยท "Captain Scott acquired so much popularity by these proceedings that he had no further use for his drummer. His company was made up at once."
Governor Mason, with General Joseph W. Brown, arrived at Toledo with a force under the immediate command of the latter of from eight hundred to twelve hundred men, and went into camp 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.
General Brown had for his staff Captain Henry Smith of Monroe, inspector; Major J. J. Ullman of Constantine, quartermaster; William E. Boardman of Detroit and Alpheus Felch of Monroe, aids-de-camp; Charles W. Whipple, division inspector; Daniel S. Bacon, quarter- master.
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