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 23
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"He has seen with regret and surprise that both the Acting Governor of Michigan and the Legislative Council have supposed him to recom- mend an admission of the right of Ohio to the jurisdiction in question.
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Courtesy, if not justice, to a member of the Confederacy requires that her pretensions should be respected as far as is consistent with the obligations of the constitution and the laws. An acknowledgment of the right and the temporary arrangement to avoid the danger of hostile collision is in no respect inconsistent with the obligations of the con- stitution and the laws. Hostile array to decide what force cannot settle, the question of jurisdiction, within three months of the meeting of Congress, whose duty it will be to do justice to all parties, would be a disgrace to the Union and a stain upon the character of Michigan, whose approaching admission into it is hailed with joy by all its members.
"As there has been exhibited on the part of Ohio a disposition not to enforce her claims, but only formally to assert them, an assertion supposed to be required by her character-until the meeting of Con- gress, it would be criminal in the authorities and people of Michigan to seek by any means to bring the question to a different issue.
"The President has seen, with regret, the recent outrages committed at Toledo, on the officers of justice, who attempted to execute process under authority of Michigan, and he recommends that those of the offenders who resisted and wounded a civil officer in the execution of his duty and have fled from the territory should be promptly demanded from the executive of any state in which they may have taken refuge." "I am, sir, respectfully, your obedient servant, "JOHN FORSYTH."
"DEPARTMENT OF STATE, WASHINGTON, August 29, 1835 .- Sir: By the President's direction I have the honor to transmit copies of two letters this day written to Mr. Mason and Mr. Shaler. They will show you the measures which it has been deemed advisable to pursue and the views entertained by the President in the actual state of affairs result- ing from the controversy between Ohio and Michigan.
"He hopes that the proofs which these papers afford, of his earnest and sincere desire to prevent any further collision between the authori- ties and citizens of the state and territory, will be duly appreciated on all sides. He trusts that they will be met by measures dictated by the same spirit on your part. And as it is apparent from the recent pre- sentment of the Grand Jury of Wood county that the inhabitants of Toledo have declined at present the jurisdiction of Ohio, he hopes that no attempt will be now made to exercise it within the disputed territory. Such an exercise cannot be necessary for the preservation of order or the administration of justice.
"And the claim of the state having been publicly put forward in the face of the whole country, an omission further to enforce it, for the sole and understood object of maintaining the public tranquility until an opportunity of future legislation be afforded to Congress cannot be considered as weakening any just foundation on which it may rest. By the exercise of this forbearance on your part the President con- fidently believes that further collision will be avoided and the whole question be speedily adjusted to the general satisfaction without stain upon the reputation of your common country.
"I have the honor to be, with high consideration,
"Your Excellency's obedient servant, "JOHN FORSYTH.
"His Excellency, ROBERT LUCAS, Governor of Ohio."
OHIO "GETTING EVEN" WITH UNCLE SAM
It now became apparent to Governor Lucas that any attempt to take forcible possession of the territory would be stopped by the military
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forces of the United States. This was a matter of great humiliation to the governor of Ohio. The eyes of the country were upon him and he felt it incumbent upon him to perform some act of jurisdiction in order to save himself from the imputation of having backed down.
A happy thought struck him at an opportune moment. The legisla- ture of Ohio had organized a county and ordered court to be held in Toledo, the county seat, on the 7th of September. To actually hold this court in the face and eyes of the military force of Governor Mason and the recommendation of the President would be an act of jurisdiction greater even than remarking the Harris line. But how to do even that was a question of some difficulty. Calling to his assistance the adjutant general of the state they devised a plan.
The details of this plan were placed in the hands of the adjutant general to carry out. He ordered out a regiment to act as an escort to the judges and to protect them in the performance of their duty. The judges met on Sunday afternoon, the 6th of September, at Mau- mee, a few miles from Toledo. They were to proceed to Toledo under the military escort that had been provided for them the next morning and hold court.
Some time during the evening a scout, which had been sent out by the colonel of the regiment, returned from Toledo and reported that twelve hundred men under the command of General Brown were in Toledo ready to demolish court, judges and escort in case an attempt was made to open court. The report of course was false, but it had the effect to subdue the ardor of the judges as well as that of the regiment which was to escort them. But it would not do to back out at this stage of the proceedings. The honor and dignity of the state of Ohio must be maintained. Besides this they would be laughing stocks if they did not hold court. But the judges hesitated at undertaking so daring an exploit. The colonel of the regiment finally came to the rescue. Up- braiding their "honors" for their cowardice and hesitation, he proposed to take the whole matter into his own keeping. Stepping in front of the waiting column of soldiers he called for volunteers for a "hazard- ous undertaking." Colonel Van Fleet had only about one hundred men on the ground, a force which was deemed sufficient to disperse any mob likely to collect, and it was doubtful if any obstruction at all would be offered. A few adventurous men responded to the call. The trem- bling judges placed themselves in charge of this forlorn hope and at three o'clock on Monday morning, September 7, 1835, they sneaked into Toledo with the gallant twenty privates as escorts, found their way to a schoolhouse which stood at the place where Washington street crosses the canal, and opened court in due form of law. The proceed- ings were hastily written on loose pieces of paper and deposited in the clerk's hat. After adjournment the court repaired to Daniel's tavern which stood not far from the schoolhouse, registered their names and took a drink all round; while filling their glasses for a second convivial mutual congratulation a practical joker rushed into the tavern with the alarming report that a strong force of Michigan troops were close at hand for the purpose of a general arrest. They dropped their glasses. sprang for their horses with precipitate haste, leaving the reckoning to be settled at a more favorable moment. As they had accomplished the work which called them here, speed was the essence of the present move- ment and Maumee was the objective point. When they arrived at the top of the hill where the Oliver House stood and paused to look around it was then discovered that the clerk had lost his hat in his flight and with it all the records of the proceedings of the court. It was then the custom for most business and professional men to carry all papers, per-
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sonal belongings from a spare collar to court papers in the crown of their tall hats, which provided ample space for a general assortment of promiscuous articles.
Having succeeded in holding court without molestation or blood- shed and now losing the memoranda would leave the legal end of the enterprise in as bad condition or worse than if they had done nothing at all. Colonel Van Fleet, comprehending the situation, once more came to the rescue. He directed the clerk and two or three of the guards to dismount and feel their way back carefully in search of the lost papers and hat, while the rest of the posse kept watch to cover retreat. The search was safe and successful. No enemy in sight. The great state of Ohio was triumphant. The "record" was put into shape and made up; it still exists to prove that the state of Ohio on the seventh day of Sep- tember, 1835, exercised jurisdiction over the disputed territory by hold- ing a session of the court of common pleas in due form of law. This is the record made up from the recovered papers : 1
"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."
Thus did the state of Ohio triumph over her adversaries who at every step in the proceedings were within their legal and recognized rights. It is wholly needless to state that Governor Mason and General Brown were surprised, chagrined and disgusted. They had an ample force within reach to prevent the holding of a court, as courts are gen- erally held at seasonable hours; but they were not familiar with Ohio legal practice and did not look for midnight tribunals held in cold, dark schoolrooms. The people of the disputed territory were, from this time on left to regulate matters in their own way. Public sentiment was disposed to the philosophical: "Since what cannot be cured must be endured" and peace and quiet once more reigned.
MICHIGAN ADMITTED TO THE UNION
At the next session of Congress on the 15th of June an act was passed, approved on January 26, 1837, admitting Michigan into the Union. The following is the text of this act:
"An act to admit Michigan into the Union upon an equal footing with the original states: Whereas, in pursuance of the act of Congress of June the fifteenth, eighteen hundred and thirty-six, entitled 'An act to establish the northern boundary of the state of Ohio, and to provide for the admission of the state of Michigan into the Union upon the con- ditions therein expressed,' a convention of delegates elected by the people of the said state of Michigan, for the sole purpose of giving their assent to the boundaries of the said state of Michigan, as described, de-
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clared and established in and by the said act, on the fifteenth day of December, eighteen hundred and thirty-six, assent to the provisions of said act, therefore, Section 1. Be it enacted by the senate and house of representatives of the United States of America in Congress assem- bled that the state of Michigan shall be one and is hereby declared to be one of the United States of America and admitted into the Union on an equal footing with the original states in all respects whatever, and
"Section 2. Be it further enacted, that the secretary of the treasury in carrying into effect the thirteenth and fourteenth sections of the act of the twenty-third of June, eighteen hundred and thirty-six, entitled 'An act to regulate the deposits of the public money shall consider the state of Michigan as being one of the United States.'
"Approved January 26, 1837."
The act of June 15, 1836, alluded to, fixed the southern boundary at the Harris line and the disputed territory was given to Ohio. In return for this action Congress gave to Michigan the upper peninsula with all the valuable mineral lands ad joining Lake Superior ; both parties thereby acquiring lands to which neither had any legal right, after having ex- hibited their prowess in war without bloodshed.
MILITARY ORDERS
The official military acts in this opera bouffe war is given in the general orders of Governor Mason on September 6th to the army, and those of General Brown of the same date with his farewell address which, to general readers of the present day, without knowledge of cir- cumstances and incidents of the time would give the impression that most serious warfare had engaged the high officials :
"GENERAL ORDERS, HEADQUARTERS, MULHOLLAND'S, September 6, 1835. The Command of the troops assembled by order of the Executive for the purpose of supporting the civil authorities in asserting the su- premacy of the laws and maintaining the jurisdiction of the territory, is hereby assigned to Brigadier General Joseph W. Brown, who is vested with the exclusive direction of all military operations which may from necessity be adopted.
"The duty which the militia of Michigan are called upon to dis- charge is one of a delicate and highly important character. It is only in support of the civil authorities that their services can be required, and it is expected they will act strictly in obedience to the orders of their Commanding Officer. The object to be accomplished is the protection of the integrity of our territorial limits and the inviolability of our soil. To effect this, it is believed, is the determination of the citizens of Michi- gan, 'peaceably if they can, forcibly if they must.'
"In the choice of commander of the detachment, regard has been paid to the selection of an officer, who from experience and ability might possess the confidence of those under his command, and it is trusted that that officer will surrender his charge, after accomplishing the duty allotted to him, with the satisfaction of knowing that he has been placed at the head of men faithful in the discharge of their duties both to the territory and to the commanding officer.
"STEVENS T. MASON."
"HEADQUARTERS, TOLEDO, September 6, 1835. (Order No. 3.) The Commanding-General assumes the command of the Michigan militia assembled by the order of the executive to defend and protect the terri-
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tory of the United States and support the laws, with feelings of pride, . He does not attribute the responsible selection to any partiality of the executive, but to the relation he bears to the military of Michigan, and to his ardent though humble disposition, to sustain at all times and under all circumstances the constituted authorities of his country.
"In moments of peril the citizen soldier of America has ever ex- hibited the fearless necessity to preserve his country's rights and her sacred honor, and at the same time observe in his individual deportment the strictest regard to the supremacy of the laws. The Commanding- General feels confident that this high character will not be impaired by those who from inferior sense of duty, have thus assembled at the call of the executive to maintain if necessary by force of arms the law of the land. Sprung from States distinguished in valor and for love of order, the citizens of Michigan, in converting the implements of peace into weapons of warfare never will forget that the least individual vio- lation of good order tends to disgrace the character of the cause and soil the honor of the whole. Strict military discipline must be observed. Implicit obedience to orders the duty of all.
"Our cause is just. We assemble to defend from invasion our con- stitutional privileges. The voice of law calls us to the field, and al- though young in history Michigan must be placed in the proud attitude of seeking to do no wrong and never shrinking from the defense of the honor of the country, and the inviolability of her soil.
"By order of the Commanding-General,
"ALPHEUS PHELPS, Aid-de-Camp."
"HEADQUARTERS, FIFTH DIVISION, MICHIGAN MILITIA, MONROE, Sep- tember 10, 1835. (Order No. 4.) The different regiments, battalions and corps comprising the brigade of Michigan Volunteers now assem- bled at this place will immediately be put in march by their several commandants for their respective homes. On their arrival at their usual places of rendezvous they will temporarily disband, with orders to consider themselves in service for thirty days and to hold themselves in readiness, to march at a moment's warning to any point as may be indicated by proper authority. The ordnance and ordnance stores, arms and munitions of war and public stores of every description will be turned over to Major Ullman, to be placed in the public store in the village of Monroe. In taking leave of the brave men whom he has had the honor to command, Brigadier General Brown would do injustice to his own feelings did he neglect this opportunity of expressing his high regard for the manly and patriotic manner in which they have obeyed the call of the executive to assist him in sustaining the laws of the territory and inviolability of its soil. Abandoning their homes, their pursuits and their comforts, they cheerfully repaired to their camp; and the General is convinced they would with the same promptness have marched into battle in defence of their country and its rights. Their conduct while in arms has been worthy the noble cause which brought them together, characteristic of their admirable conception of the duties of citizens of this great commonwealth. The General expresses his thanks and gratitude for their personal regard, and readiness to carry out every measure which has been made necessary, a condition which every military commander must appreciate fully. These duties having now ended and peace having been restored to the community where un- rest and apprehension prevailed, you are now to resume your usual occupations, which you can do with the consciousness that you have performed your duties with spirit and fidelity, for which you have the thanks of the Commanding-General who now takes leave of you with
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regret, but with feelings of the highest regard and with most cordial wishes for your future welfare and happiness.
"By order of the Commanding-General,
"ALPHEUS FELCH, Aid-de-Camp."
MASON GOVERNOR OF NEW STATE
The election to ratify the constitution of the state and to elect state officers was held on the first Monday in October. The result was the ratification of the constitution by a large majority and the election of a full set of state officers. Stevens T. Mason was elected governor, Ed- ward Mundy, lieutenant governor, and Isaac E. Crary, representative in Congress. The first session of the legislature under the constitution was commenced at the capitol in Detroit on the first Monday of Novem- ber, 1837, when Lucius Lyon and John Norvell were elected United States Senators. The new state had at the time of its admission into the Union become fairly settled down to the management of its home affairs. The supreme court was organized by the appointment of Wil- liam E. Fletcher as chief justice, and George Morell and Epaphrodotus Ransom, associate justices. Monroe at once took high rank in the poli- tics of the state by reason of the ability and sagacity of her principal public men and the prominence of her citizens in all measures concern- ing the progress and development of the city, county and state, which was fully recognized by the government in the selection of her citizens for important public positions of trust.
Vol. I-11
CHAPTER XIV THE PATRIOT WAR
LEADERS OF THE REBELLION-CONCILIATION ATTEMPTED-CLASHES AND COLLAPSE-UPPER CANADA TROUBLES-MONROE COUNTY "EXER- CISED"-BATTLE OF POINTE AU PELEE.
THE PAPINEAU REBELLION OR PATRIOT WAR
It seemed to be the fate of Michigan to be in the midst of "wars alarms;" sometimes because it was unavoidable and necessary, but also when she had but an incidental or a collateral interest. Of the latter classification was the Papineau rebellion, or patriot war in Canada and the Black Hawk war, the former undoubtedly the most unnecessary and absurd disturbance and hopeless attempt to overthrow a govern- ment that was ever dignified by the name of war. In this Monroe, by virtue of her position, geographically, on the very borders of the coun- try involved, but a few miles from the center of activities, was imme- diately in the midst of the "war zone" and its citizens inoculated with the excitement that stirred up her neighbor over the line and which naturally caused a feverish condition of society along the whole border of the states from Buffalo to Detroit. While nobody on this side of the line felt any direct interest in the cause itself or its ultimate results, there was an irresistible impulse of sympathy which was the cause of some uneasiness on the part of the government at Washington, as it might touch the sensitive subject of neutrality.
LEADERS OF THE REBELLION
The leading spirits in the revolutionary movement in Canada were Louis James Papineau, who was styled the "hero of the French Cana- dian Democracy," and Dr. Wolfred Nelson, an Englishman, who was even more active and energetic than Papineau himself, who, indeed, was working overtime, and so were his followers. The political causes in detail which led to the attitude of the Papineau party are not indis- pensable to the narrative covering the period from 1837 through the year 1838, neither is a detailed account of current events necessary, any farther than it directly interests Monroe and the participation in some of the events by its citizens.
Notwithstanding the often apparent foolishness which characterized the political activities of the time there was an underlying principle of justice and equity in the resistance of the people of the French popula- tion that redeems the situation from being ridiculous in the eyes of the world.
CONCILIATION ATTEMPTED
The upper and lower provinces were directly antagonistic and the assembly, which was called the parliament, was constantly harassed with
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quarrels whose only real basis was racial antipathy, which constantly showed itself in rancorous hostility. This finally culminated when the policy of the British government appeared to be the supplanting of French power in the province of Quebec by the promotion of the governor of Nova Scotia to the governorship of Canada. Sir James Kempt was the next to follow after Dalhousie in that line of succession. Sir James was also lieutenant general in the British army. He was sixty-four years of age when he went to Quebec. It was soon learned at the begin- ning of his administration that he would pursue a conciliatory course, which he did throughout his brief term. One of his first acts was to con- firm Papineau's election as speaker of the assembly, and he was fairer to the French element than any other governor they had had since Sir George Prevost. The assembly therefore treated him with much more consideration than they had any of his predecessors.
CLASHES AND COLLAPSE
However, there was war in the air. On all sides in every hamlet the popular cries were heard of "Vive Papineau! Vive La Liberté" and the dream of "La Nation Canadienne" began to impress the patriots as nearing realization. Everywhere was heard talk of the "Northwest Republic of Lower Canada" and, further than this, the sight was not unusual of bodies of men drilling on British soil to tear down the British flag. It was plain that a clash between the two races was inevitable and not far away. On November 6th it came; in an encounter between a party of Englishmen and another of the Sons of Liberty, the French or- ganization, led by an American named Thomas S. Brown. The royalists were driven off, but soon returned reinforced only to find that the Sons of Liberty had disappeared.
Disturbances were frequent, the Loyalists were giving the "rebels" a "hot time;" the most serious of these collisions being in the parish of St. Eustache nine miles from Montreal. The insurgents were posted in a large church who were attacked by two thousand loyalists. The church and about sixty other buildings were burned, some of the inhabitants perished in the flames; and their entire loss was about one hundred killed. The insurrections in neighboring villages were soon quelled; the only other contest took place on the last day of February when six hun- dred refugees under a brother of Wolfred Nelson recrossed the border from the United States and were met by the militia. They at once went back to the United States and were compelled to surrender by General Wool, the American commander at Plattsburg.
This was the ending of the dream of "Nation Canadienne." The whole movement was a failure before it started. It is a most inexplicable fact, that of the half million French residents of Lower Canada only two thousand or three thousand gathered to support the rebellion.
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