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 22
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Many of the incidents of the campaign partake of the ludicrous. Michigan had a sort of skeleton in her own closet in the shape of a "claim of Lewis E. Bailey of Monroe, for a horse lost in the service of the state while acting as adjutant in defending the supremacy of the laws." Year after year, from 1836 to 1846, this claim was regularly presented and as regularly rejected, until in the latter year it dawned upon the minds of the legislators that it might be as well to pay $50 and interest from January 1, 1836, as to waste time and printing, enough to pay for an entire regiment of horses; they capitulated after the siege which lasted longer than that of Troy.
MICHIGAN REJECTS OLIVE BRANCH
Acting Governor Mason, refused to agree to the proposition of Messrs. Rush and Howard. He claimed that although congress had the power to change the boundary and give a portion of her territory to Ohio, yet as her boundary was then defined, she had the right of possession and jurisdiction, and having acquired peaceable possession under the original act of congress creating the territory of Michigan, he would not com- promise the rights of his people by a surrender of possession.
Governor Lucas, on the urgent request of the commissioners, and Mr. Whittlesey, agreed, reluctantly, to accept the propositions as a peace- able settlement of the difficulty until congress should settle it; or rather until after "the close of the next session of congress." Gov. Mason refused to acquiesce in the propositions. Gov. Lucas assented to them, regarding the governor of a territory in the condition of a subaltern, subject to the control of the President. He looked upon the arrangement, as made with the President, through Messrs. Rush and Howard as his representatives as binding upon him, and disbanded the military force he had collected. Gov. Mason partially followed but still continued making preparations for any emergency that might arise.
Gov. 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 head- quarters of Gen. Brown. Gen. Brown was yesterday at Toledo at the
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head of the sheriff's posse of one hundred 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 three hun- dred men under arms at Monroe and six hundred more would soon be there; that they have fifteen hundred stands of arms taken from the United States arsenal at White Pigeon. That they did not mean to be rode over rough shod by Ohio. It was replied that Ohio had not as yet put on her rough shoes, and would not unless they made it neces- sary, 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 fifteen or twenty unarmed men ; and if we proceed we shall certainly be made prisoners, there not being 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 forced to retreat. The Governor has power to call out the militia but has no funds to sustain them.
"Yours Truly,
"S. DODGE."
WASHINGTON AGAIN UPHOLDS MICHIGAN
President Jackson applied to the Attorney general for his official opinion in regard to his powers over the parties. After refering to the two acts passed by Michigan and Ohio in Feburary in regard to jurisdic- tion ; he replied : "The Acting Governor of the Territory of Michigan has issued orders to Brigadier General Brown of the Militia of the terri- tory, intrusting him with discretionary powers to order each brigade of such militia into actual service so soon as the emergency requires it; and commanding him to arrest the commissioners of Ohio the moment they stick the first stake in the soil of Michigan. In anticipation that the Governor of Ohio may order a militia force to sustain the commissioners of Ohio, General Brown is further commanded 'the moment he may learn that a military force of any description ordered out by the author- ities of Ohio, is about to approach the disputed territory, to place himself, with a sufficient force of a like character, on the ground in dispute, and to fire upon the first military officer, or man who persists in crossing the boundary line, as at present claimed by Michigan, with any hostile inten- tion, or disposition and determination to prevent his execution of the previous orders !' The laws thus passed by the State and Territorial legislatures, are equally irrepealable by the President. It is true that the congress has the power to annul any law in the territory, but until so annulled it will be obligatory and binding, on all persons within the limits of the territory, unless repugnant to the Constitution of the United States, or to the Acts of Congress applicable to the territory. The State of Michigan does not appear to me to be liable to any such objection, and I must therefore deem it a valid law."
OHIO BOUNDARY COMMISSIONERS ROUTED
Notwithstanding the views or opinions of the authorities at Wash- ington, the Ohio Commissioners proceeded to run the line, commencing at the northwest corner of the state. Governor Brown sent scouts through the woods, to watch their movements, and report when they found them running the line. When the surveying party had got within the County of Lenawee, the under sheriff of that county with a warrant and posse
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made his appearance to arrest them. He did make a few arrests; but the Commissioners and Surveyor Dodge made a timely escape, running at top speed until they got off the disputed territory. They reached Perrys- burg the following day very much dilapidated, bruised, scratched and very hungry, reporting 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 and di- rected him to send him a statement of the facts in regard to the treatment of the Boundary Commissioners, "by the officers engaged in the transac- tion complained of." Governor Mason wrote General Brown informing him of the communication from the President, and requested him to for- ward a report from the officers engaged, containing a detailed statement of what had been done ; that he could forward it for the information of the President. General Brown forwarded the following report from Wm. McNair, under-sheriff of Lenawee county, with his indorsement on the back in these words : "In consequence of reports being circulated through Ohio that the Boundary Commissioners had been fired upon by the Michigan military when the officers made the arrest, the following state- ment was officially made by the under-sheriff of Lenawee county who made the arrests, to the acting Governor of Michigan Territory, to correct such false reports.'
"TECUMSEHI, June 17, 1835 .- To Stevens T. Mason, Esq., Acting Governor of Michigan Territory :- Sir: By your request, I have the honor of transmitting to you certified copies of the affidavits and war- rants on which the officers of Ohio were arrested while attempting to re- mark Harris' Line, and as the report of the commissioners to Governor Lucas and letters published by them are calculated to give a false coloring to the transaction, and mislead the public, I forward to you a detailed statement of the facts from my own observation : On Saturday afternoon, April 25th, I received as under-sheriff of this county, from Mr. Justice C. Hewitt, the within warrant from the affidavit, of Mr. Judson. From the best information I could obtain, I was satisfied the warrants could not be served without assistance from my fellow citizens. I therefore mus- tered about thirty men in the village of Adrian on Saturday evening, and armed them with muskets belonging to the Territory of Michigan. Early 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,) 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 peaceful 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
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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 bar- ricaded 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 ran 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. I was with them for three days and heard nothing of the shot alluded to in the report of the commis- sioners, and I firmly believe if such had been the fact, I would have heard of it on the trial or seen the ball hole.
"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 under General Brown, is not true. He accompanied me as 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. The commissioners made good time on foot through the cottonwood swamp, and arrived safe in Perrysburg the next morning with nothing more serious than the loss of clothing, hats, etc.
"WILLIAM McNAIR, Under-sheriff."
The summary 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 exaggerations and comments as corresponded with the editor's views. Most of the papers advocated the course of the Governor and condemned in unmeas- ured terms the conduct of Michigan. Others criticized Governor Lucas and his supporters and the measure, which he was carrying out, as likely to bring the State into ridicule and disgrace.
Governor Lucas finding it impossible to use the line proposed by Rush and Howard, called an extra session of the Legislature to meet on the ensuing 8th of June. This body passed several spirited acts-among them one to "prevent the abduction of citizens of Ohio" making the penalty for its infringement, imprisonment in the penitentiary from three to five years. Another to "create the county of Lucas out of the north part of Wood county ; made Toledo the temporary seat of justice, also a formidable one, entitled, "An act accepting certain propositions made by the commissioners appointed by the President of the United States relative to the northern boundary of the State."
OHIO'S OFFICIAL PRONUNCIAMENTO
Following is the text of the enactment : "Whereas the Legislature of Ohio at its last session, passed an act providing for the extension of the jurisdiction for that part of her territory claimed to belong to the
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Territory of Michigan; And whereas, the civil and military elections under the laws of Ohio have taken place throughout the disputed terri- tory, and the organization under the same is now in all respects complete ; And whereas, this legislature considers the right of the State to the dis- puted territory as clear and perfect as her right to any other part of her territory lying within her admitted limits; And whereas, great and law- less outrages have been perpetrated by the authorities of Michigan upon the citizens of the disputed territory, for recognizing the laws and right- ful jurisdiction of the State within whose limits they reside; And whereas this legislature feels bound to protect said citizens from a repetition of such outrages; yet, as the President of the United States, acting through the Honorable Richard Rush and Benjamin C. Howard, commissioners on the part of the President, and his Excellency the Governor, of this State, entered into an arrangement on the 7th day of April last, having for its object the temporary adjustment of the difficulties appertaining to the possession of, and jurisdiction over the said disputed territory, the terms and provisions of which arrangment were as follows, viz :
"First, that Harris' line should be run and re-marked pursuant to the act of the last session of the Legislature of Ohio, without interruption. "Second, the civil elections 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 after the close of the next session of Congress ; And whereas, the Legislature is willing from a desire to preserve the pub- lic peace and harmony, to observe the stipulations of the arrangement aforesaid : provided its observance on the part of Michigan be compelled by the United States, and the proceedings of Michigan in violation of that agreement be immediately discontinued and annulled. Therefore,
"Sec. 1. Be it enacted by the General Assembly of the State of Ohio, that His Excellency, the Governor, be and is hereby requested to ob- serve and comply with the terms of the arrangement entered into on the 7th day of April last, by and between the President of the United States, acting through the Honorable Richard Rush and Benjamin C. Howard, commissioners duly appointed by the President of the United States, and His Excellency the Governor of this State; and if all the terms and stipu- lations of said arrangement shall be faithfully observed on the part of the United States, and all bonds and recognizances taken, and prosecu- tions and indictments commenced under the act of the Legislative Council of Michigan of the 12th of February, A. D. 1835, shall be immediately discharged, annulled and discontinued; then and in that case, the action and operations of all laws and parts of laws of this State inconsistent with the terms of said arrangement is hereby suspended until after the close of the next session of Congress.
"Sec. 2. That the United States or the authorities, acting under the United States, shall, within the time specified, in said arrangement, do any act inconsistent with the terms thereof; or if said bonds recogniz- ances, indictments and prosecution shall not be immediately discharged, discontinued and annulled as aforesaid then this act shall be null and void.
"Sec. 3. That the Governor of this State be and he is hereby author- ized and required to issue his proclamation whenever, in his opinion the terms and stipulation of said arrangement have been violated, declaring such to be the fact; and from and after the date of such proclamation the suspension of all laws and parts of laws aforesaid shall cease and determine June 20, 1835."
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MICHIGAN UNDAUNTED
Governor Lucas and his State Government were very much aggravated by the bold front of the territory and the determined attitude of her officers to prevent Ohio from exercising any authority over the disputed territory, so the Governor called upon the Division Commander to report as soon as possible, the number of men in each division that would volun- teer to sustain him in enforcing the laws over the disputed territory. Fifteen out of seventeen divisions into which the State was divided re- ported over ten thousand men ready to volunteer. About two thousand men, (estimated), were allowed for the two divisions that did not report.
Michigan was naturally violently indignant at this warlike action. Monroe was now decidedly in the war zone, and its people were kept very busy acting as sheriff's posse in making arrests in Toledo.
Another act, still, was passed making an appropriation of six hundred thousand dollars to carry the laws into effect over the disputed territory. A resolution was also adopted inviting the President to send a commis- sioner to go with the Ohio Commissioners to remark the Harris line.
All these proceedings however failed to impress the people of Michi- gan, or to alarm those living along the border. On the contrary it only served to rouse them to renewed zeal in the cause, and they hurled de- fiance in the teeth of Governor Lucas, and dared him to enter the dis- puted territory. In the meantime, too, the Michigan authorities were not inactive in sustaining their supremacy on the disputed ground. Prosecu- tions for holding office under Ohio laws were conducted with the greatest vigor, and the Monroe court house was the busiest spot in the county.
The partisans of Ohio were continually harassed. Suit after suit was commenced against them, and each suit was the breeder of a score of others. The officers of Ohio made feeble attempts to retaliate but the attempts were generally unsuccessful in producing adequate returns. Every inhabitant of the debatable ground was on the qui vive watching and reporting the movements of either the bailiffs of Wood county or the surveyors' proceedings. Many of the Ohio partisans were arrested and imprisoned in the Monroe county jail; sometimes these arrests were at- tended with some danger-always with great difficulty.
THE BLOODSHED
An instance is related in the case of Major Stickney's arrest* which caused considerable amusement at the time. He and his whole family fought valiantly in resistance but were at length overcome by numbers. After the Major was secured, he was requested to mount a horse, but flatly refused. He was then put on by force but he would not "stay put." Finally two men were detailed to walk beside him, and hold his legs, while a third led the horse. In this way they succeeded in getting him about half way to Monroe, when the guard became tired of that means of securing him and proceeded to tie his legs under the horse. In that manner despite his struggles, he was at last got to jail. An at- tempt was made to arrest Two Stickney, a son of the major; a severe scuf- fle ensued, in which an officer was stabbed with a small knife. Blood flowed quite freely, but the wound was not dangerous. This, it is stated, was the only blood shed during the "war." The officer let go his hold and Stickney fled to Ohio. He was indicted by the Grand Jury of Monroe
* Major Stickney of Toledo was a very eccentric man, which was shown in the selection of names for his children. The sons were given numerals instead of names: One Stickney, Two Stickney, etc., while the daughters were given names of different States, Virginia, Carolina, etc.
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county, and a requisition was made on the Governor of Ohio, for his rendition, but the Governor refused to give him up.
A report of the stabbing of Two Stickney was forwarded to the President, together with the statement that the Governor was protecting him ; and an urgent appeal was made for Federal assistance. This made a great impression on the mind of the President, and convinced him that drastic measures should be adopted to prevent serious trouble, which seemed imminent.
SHALER SUCCEEDS MASON
The President prepared a paper of "recommendation" in the prem- ises, looking to an entire cessation of "hostilities" and that all prosecu- tions under the Territorial Act of February be discontinued and no fur- ther prosecutions be commenced until the next session of Congress. This "recommendation," however, had no effect on the action of Gov- ernor Mason. He was determined to protect his territory and his juris- diction at all hazards. The "recommendation" of the President was made on the third day of July and the deputy sheriff of Monroe county was wounded by Two Stickney on the fifteenth of that month. Prose- cutions went on the same as before. On the 29th of August the Secre- tary of State wrote to Acting Governor Mason, informing him that his zeal for what he deemed the rights of Michigan had overcome that spirit of modulation and forbearance, which in the then irritable state of feeling prevailing in Ohio and Michigan is necessary to the preserva- tion of public peace. That the President felt constrained, therefore, to supersede him as secretary of the Territory of Michigan and appoint Mr. Charles Shaler of Pennsylvania to be his successor. On the same day he made the following communications respectively to Mr. Shaler and to Governor Lucas.
"DEPARTMENT OF STATE, WASHINGTON, August 29, 1835 .- Charles Shaler, Esq .: Sir: The President having found himself constrained by a high sense of publie duty to supersede Mr. Mason, secretary of the Michigan territory, has appointed you his successor. The President's views of the course to be pursued by all the parties in this controversy now unhappily pending between Michigan and Ohio are fully shown in the various communications made by his discretion to your predeces- sor and which you will find in the archives of his office. The Presi- dent's opinions upon the whole subject have remained unchanged throughout. He has believed from the beginning of the discussion that without further legislation on the part of Congress the country in dis- pute is to be considered as forming legally a part of the Territory of Michigan and that the ordinary and usual jurisdictions over it should be exercised by Michigan. He has never admitted the right set up by Ohio, and in his recommendations to both parties, which have been in- fluenced only by a regard for the public peace, he has expressly stated that he does not desire, on either side, what would be inconsistent with their supposed rights; and that whatever temporary concessions might be made, with a view to preserve tranquility until Congress should de- cide, would not and could not effect the rights of either party; and in order to prevent any other than a peaceable decision of the question he has stated distinctly what his duty would compel him to do, in the event of an attempt on the part of Ohio to sustain her jurisdiction over the disputed territory by force of arms. To avoid that necessity his best exertions have been and will be used.
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