USA > Michigan > Monroe County > History of Monroe County, Michigan > Part 31
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Referring to this feature of the controversy, Mr. Andrew Palmer, among the most promi- nent and influential of citizens of Toledo in support of Ohio's claim, says it should be noted that this was before the utility of railroads had measurably superseded canals; and that there was among the earlier settlers of Toledo a strong conviction that their success in build- ing up a town depended largely upon secur- ing the terminus of the Wabash and Erie Canal - a work in which Indiana and Ohio were then about to embark. Coupled with this convic-
tion was the belief that there was a strong in- fluence being exerted at Detroit and Monroe to thwart them in their efforts to build up a town at Toledo ; that such was the chief motive for the adverse action of Michigan to the claim of Ohio to the disputed territory, including the commercial harbor at the mouth of the Maumee; and that such influence was sufficient to con- trol the authorities of Michigan. Such feeling on the part of Detroit and Monroe, it was be- lieved, had its source in the apprehension that should a commercial town grow up at Toledo it would seriously cripple the trade of those points, by taking from them the interior trade on which their growth so largely depended. On the other hand, Mr. Palmer says that the consideration which induced these Michigan rivals to desire to get Toledo from Ohio, oper- ated with even greater force upon the people of Toledo to see their young town permanently fixed in Ohio. In this way he would explain much of the excessive zeal manifested by them in support of Ohio's claim.
A public meeting was held at Toledo in No- vember, 1834, to consider the matter of the boundary question, and more specially to in- duce such action on the part of Ohio as should assert and maintain her proper jurisdiction over the disputed territory. The prevailing sentiment on that occasion was in that direc- tion, but it was not unanimous. Michigan was not without its supporters there. Among these was Captain Samuel Allen, who gave reasons why he favored the claim of Michigan. He said the geographical position of Toledo iden- tified it in interest with and made it properly a part of Michigan. The Black Swamp, lying at the east and south, practically cut off Toledo from Ohio, with which for many years there could be but little communication. On the other hand, the town lay immediately on the border of the most improved portion of Mich- igan, with which it was already in direct com- munication by water, by railroad and other- wise. In Michigan, Toledo would become " the pet " of the Territory and of the State soon to be formed. To such strong points was opposed the single consideration of the canals then in contemplation, which, as claimed, would come to Toledo if Toledo should be in Ohio, but not, if in Michigan. The thought of permitting the advantages to arise from these improvements to inure to Toledo's rivals - Maumee and
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HISTORY OF MONROE COUNTY, MICHIGAN.
Perrysburg -fully overcame Captain Allen's arguments, and controlled the sense of the meet- ing and its action in support of Ohio's claim.
In accordance with his promise, Governor Lucas called the attention of the legislature to the importance of prompt measures for as- suming jurisdiction over the territory in ques- tion, and with such effect, that on the 23d of February, 1835, that body passed a law, assert- ing the claim of Ohio to all territory south of the Harris line, and a purpose to enforce such claim. The same act provided for the appointment of three commissioners, to run and re-mark the Harris line. Uri Seely, of Geauga county ; Jonathan Taylor, of Licking, and John Patter- son, of Adams, were appointed for such service, which was to begin April 1, 1835.
These proceedings on the part of the Ohio authorities, of course, did not fail to attract the attention of those of Michigan. The Secretary and Acting Governor of that Territory (Stevens T. Mason) promptly sent to the legislative council a special message, apprising that body of what was going on in Ohio, and advising action for defending what was assumed to be Michigan's claim in the case. The council re- sponded on the 12th of February, in the enact- ment of a law, providing, " that if any person shall exercise or attempt to exercise any official functions, or shall officiate in any office or situ- ation within any part of the present jurisdic- tion of this Territory, or within the limits of any of the counties therein, as at this time or. ganized, by virtue of any commission or author- ity not derived from the Territory or under the Government of the United States, every such 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." Like penalty was provided for any person who should " accept of any office or trust from any State or author- ity other than the Government of the United States or the Territory of Michigan." An elec- tion of officers for Port Lawrence township, under authority of Ohio, was held in April, 1835, but the persons then elected did not act as such, for the reason that it would provoke extreme measures on the part of Michigan. The consequence was, that no taxes was levied for that year(1835) within the disputed territory.
This state of things made it important for the residents of the disputed territory to iden- tify themselves with one or the other of the claimants for allegiance. They were entirely unanimous on that point, as shown by a letter to Governor Mason from several residents of Toledo. It was as follows :
To 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 cir- cumstances) in duty bound to apply for a special act of the legislative council, anthoriz- ing the removal of the place appointed for holding our township meetings (elections). 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 perhaps a riot may be the consequence of thus holding the meeting in the heart of the very hot-bed 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 the town meeting from Toledo to the school-house on Ten-Mile Creek Prairie, to he 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.
On the 9th of March, 1835, Governor Mason addressed General Joseph W. Brown, in com- mand of the Third division of the Michigan militia, a letter, in which he said :
" You will perceive that a collision between Ohio and Michigan is now inevitable, and you will therefore be prepared to meet the crisis. The Governor of Ohio has issued a proclama- tion, but I have neither received it, nor have I been able to learn its tendency. You will use every exertion to obtain the earliest informa- tion of the military movements of our adver- sary, as I shall assume the responsibility of sending you such arms, &c., as may be neces- sary for your successful operation, without
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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."
In accordance with these instructions, Gen- eral Brown issued a letter to the militia of Michigan, stating that --
" The crisis anticipated by their commander- in-chief had arrived; that it had become our duty to sustain the executive and the civil authorities on our southern border, and to pro- tect our soil and laws from the encroachment of a powerful neighboring State, manifestly re- solved to violate both. Your services will soon be required in the field. The undersigned is commanded to say that if there is an officer in the Michigan militia who hesitates to stake life, fortune and honor in the struggle now be- fore us, he is required promptly to tender his resignation, in order that his place may be more efficiently filled. The division quarter- master of the Third Division (Major Ullman) will forthwith inspect the arms, ammunition and military stores at Tecumseh, Mottville and Niles, and report to the general commanding the division the amount and condition thereof. He will also cause the whole to be transported immediately from the latter named depots to headquarters at the village of Monroe. Henry Smith, Esq., is appointed division inspector ; Daniel S. Bacon, Esq., division paymaster ; and Charles Noble, Esq., aid-de-camp to the general of the division."
General Brown's address closed with this stirring appeal :
" Fellow-citizens ! A cause which has the sanction of the highest 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 appreciating the just claims of the weaker and injured party when they are sought to be borne down and trampled upon by mere physical force. We cannot submit to invasion of our soil. We are determined to repel with force whatever strength the State of Ohio may attempt to bring into our Territory to sustain her nsurpa- tion, 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."
March 31st, Governor Lucas, accompanied 13
by his military staff and the Ohio boundary commissioners, reached Perrysburg on their way to re-mark the Harris line as directed by the legislature. The Governor had made pro- vision for military support in such movement, and General John Bell, of Lower Sandusky (now Fremont), then commanding the Seven- teenth Division of Ohio militia, soon arrived and mustered into service a volunteer force of some 600 men, who went into camp at old Fort Miami, on the west side of the Maumee River, and below Maumee City. The force consisted of five companies of the First Regi- ment, Second Brigade, Seventeenth Division, under command of Colonel Matthias Vanfleet. These were commanded by Captain J. Austin Scott, of the Perrysburg company ; Captain Stephen S. Gilbert, of the Maumee company ; Captain John Pettinger, of the Waterville com- pany ; Captain Felton, of the Gilead company ; and Captain Granville Jones, of the Lucas Guards, a Toledo independent company. These numbered about 300 men. With them was part of a regiment from Sandusky county, commanded by Colonel Lewis Jennings; and a fractional regiment, from Seneca and Han- cock counties, commanded by Colonel Henry C. Brish, of Tiffin.
Governor Mason, with General Brown, reached Toledo with a force variously esti- mated at from 800 to 1,200, about the time Governor Lucas appeared at Perrysburg, and there awaited a movement from the enemy.
Governor Mason's staff consisted of: Colonel Isaac S. Rowland, of Detroit; Colonel Kint- sign Pritchett, of Detroit ; Colonel John Ches- ter, of Detroit.
Major-General Brown (Joseph W.) was con- manding officer. His staff consisted of: Wil- liam E. Boardman, of Detroit, and Alphens Felch, of Monroe (afterward governor of Michi- gan), aids-de-camp; Captain Henry Smith, of Monroe, inspector ; Charles W. Whipple, divi- sion inspector ; Daniel S. Bacon, division quar- termaster.
Brigadier-General Martin Davis commanded the Second Brigade, with E. C. Eaton, major ; J. E. Field, quartermaster ; Isaac J. Ullman, inspector.
The Second Regiment of Infantry was organ- ized in Monroe county, its field and staff con- sisting of: Warner Wing, colonel; Apulus Drown, major; Dr. William Smith, surgeon ;
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HISTORY OF MONROE COUNTY, MICHIGAN.
Lewis E. Bailey, adjutant ; Almon H. White, quartermaster.
The company officers were: Captains, George W. Darrah, Joseph Morass, Gabriel Bissonette, Heman N. Spalding, Noyes W. Wadsworth and John Bradford ; first lieutenants, Levi Lewis, Francis Cousino, George E. Root and David Hall; second lieutenants, Nelson White and John G. Derby ; ensigns, James H. Withington and Peter Moran.
Light Horse : Captain, Joseph Wood ; first lieutenant, James McBride ; second lieutenant, Burton Hotchkiss ; Stephen Crego, cornet.
I have given above only the names of officers engaged from Monroe county. The troops, numbering in all 1,160, were paid by the State for their services $13,638.76, upon a certificate of Daniel Goodwin, quartermaster-general, by authority of Robert Abbott, auditor general, under the act of the Michigan legislature ap- proved March 28 and July 26, 1836.
The two commanders-in-chief were brought almost face to face in hostile array. The con- dition of excitement throughout the entire region was most intense. The active partisans of the antagonists were daily growing more belligerent and threatening, while others stood appalled with a sense of impending bloodshed.
Throughout the spring and summer Toledo was the center of incessant excitement, greatly stimulated by frequent incursions of Michigan officers in pursuit of citizens holding office under Ohio authority or otherwise recognizing the same. Arrests made were almost wholly of Ohio adherents. Attempts were made by Wood county officers to capture adherents of Michigan, but in some way they got informa- tion of such purpose and kept out of sight. Major Stickney, Judge Wilson, George Mckay and other active partisans of Ohio, were taken to Monroe, the particulars of some of which cases were more ludicrous than serious. Thus, Major Stickney when arrested resisted fiercely, being actively assisted by his family, until over- powered.
Governor Lucas having undertaken the per- formance of definite action in running the line, the onus of initiating the proceedings devolved upon him. It was understood that he was about to order General Bell to march to Toledo, and to take the consequences of such a step, when Richard Rush, of Philadelphia, and Colo- nel Howard, of Baltimore, arrived, as special
commissioners from President Jackson, with instructions to use their influence to stay war- like proceedings. Elisha Whittlesey, then a member of Congress from Ohio, accompanied the commissioners in the voluntary capacity of peacemaker. These gentlemen had several conferences with the two governors, the result of which was the submission of the following propositions for their assent, to wit : 1. That the Harris line be re-marked without interrup- tion, in accordance with the act of the Ohio legislature. 2. That the civil elections under the laws of Ohio having taken place throughout the disputed territory, the people residing upon it should be left to their choice of government, obeying the one jurisdiction or the other, as they might prefer, without molestation from the authorities of Ohio or Michigan until the close of the next session of Congress. Governor Mason refused to accept these propositions, in- sisting that he could not honorably compromise the rights of his people by a surrender of pos- session of the disputed territory. Governor Lueas finally accepted the plan of adjustment, holding that he was dealing wholly with the National authorities, and not with the irre- sponsible Executive of a Territory, and hence properly could assent to the terms proposed in the President's behalf, whatever might be done by Governor Mason. He then disbanded his military force. Governor Mason did the same to a large extent.
Governor Lucas now proceeded with his ar- rangements for re-marking the Harris line. S. Dodge, an engineer on the Ohio canal, was em- ployed for that purpose. From Maumee, April 11, 1835, he wrote Samuel Forrer, one of the Ohio Canal Commissioners, as to the situation. He said that it was evident that there would be trouble, in case such attempt be made. He said :
"We shall start to-morrow for the northwest- ern corner of the State ; and the next you hear from me, I shall probably inform you that I am at Monroe, the headquarters of General Brown. He 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
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soon be there - that they have 1,500 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. I told him the line would certainly be run. The Gov- ernor of Ohio started on the Sth for Defiance, and is entirely unprepared to meet the forces of Michigan. Our party consists of fifteen or twenty unarmed men; and if we proceed we shall certainly be made prisoners, there not being a sufficient number to prevent surprise. I think the survey will be delayed."
The legal status of the case was referred by the President to Attorney-General Butler, who gave as his opinion that the action of Ohio in extending its jurisdiction north of the boun- dary (Fulton) line of Michigan, as established by Congress in 1805, was in violation of the laws of the United States; but that the mere act of re-marking the Harris line would not be such violation. At the same time he decided that the act of the Michigan council, prohibit- ing with penalty the exercise of authority north of the Fulton line, was valid and would remain so until annulled by Congress.
Under such state of facts, the Ohio Commis- sioners proceeded with the survey, beginning at the northwest corner of the State. From Perrysburg, May 1st, they made their first and only report to Governor Lucas, in which they stated, that in pursuance of instructions, they had proceeded to the northwest corner of the State, whence they moved castwardly along the Harris line, and re-marked the same, as di- rected, to the distance of thirty-eight and a half miles, or more than half its length. During their progress, they were constantly threatened by Michigan authorities and watched by spies in their employ. On Saturday, April 25th, after a hard day's service, they, with their party, retired one mile south of the line in Henry county, "to enjoy the blessings of the Sabbath." Contrary to their expectations, at about twelve o'clock of that day, an armed force of fifty or sixty men hove in sight, within musket shot, all mounted, and well armed with muskets, and under command of General Brown. Observing the superiority in force, and having but five armed men in their party, the com- missioners thought it best to retire, and so ad- vised their men. They made good their re- treat to Perrysburg. "But, sir," says the re- port, " 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, from thirty to fifty shots, were taken prisoners, and carried away into the interior of the coun- try." They were Colonels Hawkins, Scott, and Gould; Major Rice, Captain Biggerstaff, and Messrs. Ellsworth, Fletcher, Moale and Ricketts. They state that their party did not fire a gun in return, and that no one was wounded, although a ball passed through the clothing of one of their men. " Under exist- ing circumstances and in the threatening atti- tude of affairs," the commissioners " thought it prudent for the interest of the State, as also for the safety of her citizens, and to prevent threatened blookshed, to withdraw from the line, and suspend further prosecution of the work until some efficient preparatory measures can be taken which will insure the completion of the undertaking."
This report having been sent to the Governor and by him to the President, the latter for- warded the same to Governor Mason, who re- quested Under Sheriff Wm. McNair, the arrest- ing officer, to furnish his statement of the case. This he did, under date of June 17, 1835. He said :
"On Saturday, April 25th, I received, as un- der-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. I therefore mustered about thirty men in the village of Adrian and armed them with muskets. Early the next morning I started, intending to over- take 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 peaceable a manner as possible. On arriving at the camp, I enquired for Messrs. Seeley, Taylor and Patterson, the commissioners, and was told that they had stepped out, and would be in in a few minutes. While I was waiting for my party to come up, and the commissioners to return, my party came in sight. Colonel Hawkins observed, 'Our friends are coming (meaning my escort),
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HISTORY OF MONROE COUNTY, MICHIGAN.
and we must be prepared for them.' Then eight or ten of the Ohio party armed them- selves with rifles and loaded them in my pres- ence. 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, and Major Rice, Captain Biggerstaff and Messrs. Ellsworth, Moale and Ricketts. After arresting Colonel Hawkins, who had in his hand a large horse- man'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 eight rods of the house, they all came out, except Colonel Fletcher, and as I approached them to make 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 into the woods. A few muskets were then fired over their heads, and a rush made after them. They were pur- sued about thirty rods in the woods, when they were all arrested. The report of a man hav- ing a ball pass through his clothes, is a mis- take. * * The nine persons arrested were brought to Tecumseh, before C. Hewitt, Esq., and they were discharged for want of sufficient testimony. Six gave bail to appear at the next circuit court, and one (Fletcher) refused to give bail, as he says, by direction of Governor Lucas, and is now in custody of the jailer, who per- mits him to go at large, on his parole of honor. I consider it my duty further to state, that the charge that the Ohio officers were arrested by a military party under General Brown, is not true. He accompanied me as a citizen of Michigan withont official position, and the whole movement was merely a civil operation under the sheriff of the county, to sustain the laws of Michigan. There has been no call on the military of Michigan to my knowledge, connected with the Ohio transac- tion. And I am happy also to inform your Excellency that the commissioners made good time on foot through the Cottonwood Swamp, and arrived at Perrysburg the next morning with nothing more serious than the loss of bats and clothing."
The Miami of the Lake (Perrysburg) of April 27, 1835, had the following in regard to the affair on the border :
" General Taylor arrived this morning from the disputed territory, with the intelligence that an attack had actually been made by the Michigan troops upon the Ohio commissioners while upon the line. The facts, as near as we can learn, are these: On the 26th instant (Sunday), while the commissioners were en- camped upon the line, which they had the day previous been running, a party of the Michi- gan troops appeared in sight, when the com- missioners left their encampment and fled, but heard six or eight rifle-shots exchanged between the guard accompanying the commissioners and the Michigan troops. Governor Lucas has dispatched a surgeon and assistant to the scene of action, to take care of the wounded, in case there be any, and the result of the engage- ment will probably be known before this paper goes to press. The scene of the action is about thirty miles from this place, and ten or fifteen miles south west from Adrian, Michigan."
In the same paper, under date of April 28th, is this statement :
" Another messenger has reached us, an- nouncing the capture of a portion of the guards who accompanied the Ohio commissioners while engaged in running line. The last in- telligence has dissipated the idea of blood hav- ing been spilled. The capture, we learn, was accomplished without much resistance, and but one slight wound, in arm. The number reported taken is cight. We are happy in being able to say that so far the war has been a bloodless one ; but we now fear it will end in a bloody and cruel conflict. We have been, from the beginning, laboring to preserve the public mind free from excitement of passion, and have up to the present moment entertained the opinion that the difficulty would be ar- ranged without forcing our honest and indus- trious citizens to shed each other's blood ; but we now acknowledge that we can have little hope for the rule of reason, in case our popu- lace be actuated by the same degree of heated blood as some of our rulers.
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