USA > Michigan > Monroe County > History of Monroe County, Michigan > Part 32
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" Messrs. Seely and Patterson (Ohio commis- . sioners), while the above transactions were being enacted, remained in the forest unob- served, until the Michigan forces retired ; upon which some of their friends brought them their horses, and they made their way to this place, where they now are, awaiting further orders from the Governor."
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With the circumstances thus detailed ended the attempt to survey the Harris line, and left Ohio's case not materially advanced. So view- ing the situation, Governor Incas convened the legislature in extra session, June 8, 1835, when was passed an aet "to prevent the forcible ab- duction of citizens of Ohio," the object being to counteract the legislation of the Michigan council. The most important action of that session, however, was the erection of the county of Lucas, from territory taken from the north part of Wood county, with the disputed territory north ofit, and a portion of the north- west corner of Sandusky county. The county was attached to the Second Judicial Circuit (Judge Higgins presiding), and Toledo made the temporary county-seat. A term of court of common pleas was directed to be held there on the first Monday in September following, at any convenient house.
At the same session, the Ohio legislature passed an act conditionally accepting the propo- sition made by Commissioners Rush and How- ard. After a preamble reciting features of the case, the law provided - 1st, that the Governor be requested to comply with the terms of the arrangement entered into on the 7th of April, at the suggestion of Messrs. Rush and Howard ; and if the terms of such agreement shall be faithfully regarded by the United States, and all proceedings of the Michigan authorities against citizens of Ohio be annulled, then the laws of Ohio inconsistent with such arrange- ment with Rush and Howard, should be sus- pended until the close of the next session of Congress. But should the United States, mean- time, or any authorities acting under the United States, do anything inconsistent with said ar- rangement, or the criminal proceedings in Michigan not be annulled, then this act to be void. The Governor was directed, in case the terms of said arrangement should be violated, to issue his proclamation declaring such to be the fact. At that session the sum of $300,000 was appropriated for carrying into effect the measures adopted for enforcing Ohio's claims against the interference by Michigan authorities and citizens. This bill passed the Senate by a vote of 26 yeas to 7 nays; and the House by a vote of 41 to 26. The bill to erect the county of Lucas passed the House, 41 to 26; and the Senate without a division. The minority in each House preferred to submit the entire ques-
tion, as it then stood, to the action of Congress. The legislature adjourned on the 20th of June, after a session of 13 days. There was through- out a division of sentiment as to the policy to be pursued, though not as to the rights of Ohio in the case. The expenses incurred by the ses- sion amounted to $6,823.30.
Dr. Naaman Goodsell, under date of May 23, 1835, informed Governor Lucas of his abduc- tion April 8th, by a Michigan force. He says they appeared at his house about 2 o'clock A.M., demanding admittance, which he refused. They finally forced an entrance; overcame him by force ; roughly treated him and his wife ; made him their prisoner, and took him into the woods, where he was mounted on a horse and started for Monroe. He was insolently treated. and made to ride a horse without a bridle. The horse being driven from behind, became fright- ened and ran until the Doctor jumped from him. He was held at Monroe until the next day, and then allowed to return. George Mc- Kay went to Monroe as a prisoner at the same time with Dr. Goodsell. McKay's person had marks of violence, and he was compelled to ride with his feet tied under the horse.
Dr. Goodsell, in a letter dated Perrysburg, July 19, 1835, reports to Governor Lucas the circumstances of his escape from arrest by the Michigan force of 300 or 400 men. He and George Mckay started together, but being pur- sued, they separated, McKay having the fastest horse. Dr. Goodsell's horse not warranting such reliance for escape, he dismounted, tied his horse, and " placed his back against a tree, determined to await the assault," but their whole attention being directed to MeKay, ho (Goodsell) was enabled to escape, after stand- ing by the tree for an hour. He crossed the river in a canoe, remaining there all night. His horse was brought to him next morning.
In the Toledo Gazette, March 12, 1835, ap- pears the message of Governor Lucas to the Ohio legislature, calling for action in support of that State's claim to this locality, and the reso- lutions of that body claiming such dominion ; and also the proclamation of Governor Mason, setting forth the claim of Michigan to the same, and declaring his purpose to maintain the same at every and any hazard; with the stirring appeal of General Brown, already mentioned.
In June, 1835, Governor Incas sent Noah HI. Swayne, William Allen and David T. Dis-
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HISTORY OF MONROE COUNTY, MICHIGAN.
ney, to confer with President Jackson on the subject of the existing troubles. These gentle- men, under date of July 1st, addressed Secre- tary of State Forsyth, in a letter setting forth the case as viewed by the Ohio authorities. They referred to an interview held with the President, in which they asked that a tempo- rary adjustment be had, under which the Harris line might be run without molestation ; and the prosecution of Ohio citizens by Michigan anthorities be suspended, which request the. President favored. The secretary, in his reply, stated that the President had determined to use his influence toward effecting the arrangement asked by Ohio, in order that matters remain quiet until Congress have time to act.
The only blood shed in this " War" so far authenticated as safely to be made history, attended the attempt of Deputy-Sheriff Joseph Wood, of Monroe county, to arrest Two Stick- ney, July 15, 1835, the particulars of which event are given in an affidavit made by Lyman Hurd, a constable of Monroe county, who ac- companied the deputy-sheriff to Toledo for the purpose of arresting George McKay, a promi- nent Ohio partisan, and said Stickney: Mr. Hurd stated that he and Wood went into the hotel of J. Baron Davis, where they found Stickney and McKay. Hurd attempted to arrest Mckay, when he sprang, caught
a chair and told Hurd unless he desisted he would split him down. Hurd then saw that McKay had a dirk in his hand. At the same time Wood made the attempt to arrest Stick- ney, laying his hand on Stickney's shoulder, when a scuffle ensued, during which Stickney drew a dirk and stabbed Wood in the left side, exclaiming, "There, damn you, you have got it now." Wood then let go of Stickney and put his hand on his side and went to the door, saying he was stabbed. A physician (Dr. Jacob Clark) was then called to examine Wood. When Wood told Stickney he had a precept for him, the latter asked whether it was from Ohio or from Michigan, declaring that he would not be taken on a Michigan writ; but if it was under Ohio he would go. Mr. Hurd says he was advised, for his own safety, to leave the place, which he did without arrest- ing McKay.
The effect of this transaction was greatly to inflame the passions of the Michigan authori- ties.
In recently speaking of the case referred to, Dr. Clark said he found Wood's pulse scarcely perceptible, he being very weak. At first the case seemed precarious, but he soon rallied. The knife had cut an oblique gash about four inches long, but had not penetrated the lungs. The patient was much astonished to learn that he was not mortally injured. Dr. Clark gave directions in the case and left him. But Wood was not satisfied, suspecting that Dr. Clark's Ohio proclivities had made him in . different to the case. Hence he sent to Mon- roe for a surgeon, when Dr. Southworth came, examined the wound, and sustained all that Dr. Clark had said of the case. At nine the next morning, Wood started for Monroe. In the treatment of this case, Dr. Clark became the only practical surgeon on either side of the contest- a position to which his part in the incipiency of the trouble entitled him. Stick- ney, after stabbing Wood, fled to the interior of Ohio, where he was protected by Governor Lucas, who refused to surrender him on requi- sition, for the reason that if crime had been committed by Stickney, it was done within the State of Ohio.
The Gazette understood the orders of the force, as declared by its leaders, to proceed to Toledo, to take as prisoners all who were in any way implicated in denying the jurisdiction of Michigan over Toledo; and in case of seri- ous resistance, to burn and destroy the town, and fire upon the first man who undertook to oppose them. The character of the party was said to favor the execution of such plan. The occasion for such proceedings was said to have grown out of a personal difficulty between a stranger named Odell, and a man named Clark from Monroe, in which, as alleged, Clark, act- ing through one Smith, a hotel-keeper and a justice of the peace of Michigan appointment, undertook to get possession of Odell's team without paying for it. The case was such as to excite the citizens of Toledo to steps to prevent such action, and to warn Clark to leave the town, and Smith not to again attempt the exer- cise of his office there.
July 20th, Judge Higgins, from Perrysburg, wrote Governor Lucas in regard to the holding of court at Toledo, in September, under the law erecting the county of Lucas. He said that, while ready to undertake such service, with- out regard to "personal consequences," he still
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should "feel acutely, as would every citizen of Ohio, the disgrace of capture and abduction by a Michigan mob, of a branch of the judiciary of the State, while actually engaged in the per- formance of judicial functions." The judge raised the point, whether or not the condition of things would not warrant the Governor in sending to Toledo a force sufficient to protect the court when it should meet.
July 29th, Governor Lucas wrote the Ohio commissioners, informing them of the arrange- ment with the President, under which' the re- marking of the Harris line was to be com- pleted, and that the work would commence September 1st. He further advised them that he had sent "225 rifles and 61 muskets and equipments to Fort Miami (Lucas county), and would send more soon," sufficient for the pro- tection of the civil authorities in that county. They would be placed under control of the court. He said he would watch proceedings and take measures to protect the court from insult, and the commissioners while running the line.
Notwithstanding the specific arrangement of July 3d, made between Ohio and President Jackson for the completion of the survey and the suspension of aggressive action by Michi- gan, Acting-Governor Mason disregarded such agreement, and continued arrests, as already stated. For such reason, Secretary of State Forsyth wrote Governor Mason, stating that his zeal in behalf of Michigan had overcome his prudence, and he had been superseded by the appointment of Charles Shaler, of Pennsyl- vania, as secretary of the Territory. The same day a letter was sent to Mr. Shaler, noti- fying him of such appointment, and setting forth the position of the President on the boundary question. He stated that from the first it had been the President's opinion, "that without further legislation by Congress, the country in dispute was to be considered as forming, legally, a part of the Territory of Michigan ; and that the ordinary and usual jurisdiction over it should be exercised by Michigan. He had never admitted the right set up by Ohio." Further, he said the Presi- dent had repeatedly and distinctly stated " what his duty would compel him to do, in the event of an attempt on the part of Ohio to sus- tain her jurisdiction over the disputed terri- tory by force of arms." He had with regret
and surprise noticed that Governor Mason had assumed that he (the President) had approved the claim of Ohio. " An acknowledgment of the right and the temporary arrangement to avoid the danger of a hostile collision," was, in the President's view, "in no respect incon- sistent with the obligations of the constitution and laws." The secretary said the President " had seen with regret the recent outrages committed at Toledo on officers of justice who attempted to execute process under authority of Michigan," and he " recommended that the offenders who resisted and wounded a civil officer (Deputy-Sheriff Wood) in the execution of his duty, and had fled from the Territory, should be promptly demanded from the execu- tive of any State in which they may have taken refuge."
August 29th Secretary Forsyth also wrote Governor Lucas, enclosing copies of his letters to Governor Mason and Mr. Shaler, and ex- pressing the hope that the spirit shown by the President in those letters would be "met by measures dictated by the same spirit on the part of Governor Lucas. " As it is apparent," said the Secretary, "from the recent present- ment of the grand jury of Wood county, that the inhabitants of Toledo have declined, at present, the jurisdiction of Ohio, the President hopes no attempt will be made now to exercise it within the disputed territory." It was stated that the claim of Ohio having been publicly put forth in the face of the country, the omis- sion to enforce it, while awaiting the action of Congress, " could not be considered as weaken- ing any just foundation on which it might rest."
The action of the Wood county grand jury referred to by Secretary Forsyth, consisted simply in examining witnesses sent before them who testified that individuals had been elected to office in Toledo under the laws of Michigan and performed official duties in dis- regard of the laws of Ohio. Other criminal acts were shown. In view of the fact that To- ledo had been set off as part of the new county of Lucas, whose court was to meet in Septen- ber, and as the alleged offenses were committed after the erection of said county, the jury de- clined action in the premises.
August 7, 1835, Adjutant-General S. C. An- drews issued an order to commandants of di- visions throughout Ohio, for them to report at once " what numbers of cavalry and mounted
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riflemen would be willing to march at a mo- ment's warning to aid in defending our north - ern frontier." The order was of " a confiden- tial character." Previous to such order spon- taneous offers had been made of men to the number of 2,340, but were not wanted, being chiefly infantry and riffemen. In a short time thirteen divisions reported 10,021 as ready to respond to a call, of whom 5,835 were mounted men and 4,186 infantry and riflemen. The total offers were 12,361. In several instances the commandants were confident the numbers named might readily be greatly increased.
This action on the part of the Ohio authori- ties naturally led those of Michigan to counter- action. Thus, the Detroit Free Press of August 26, 1835, had the following items :
" THE OHIO CONTROVERSY .- The legislative council yesterday had this subject under con- sideration. They have made an appropriation of $315,000 to meet any emergency which may arise, and we learn that every arrangement will be made to afford a warm reception to any portion of the ' million ' of Ohio, that may visit our borders. Michigan defends her soil and her rights, and we would wish our fellow-citizens of Ohio to recollect that ' thrice armed is he who hath his quarrel just.' "
"WAR! WAR !!- Orders have been issued for volunteers to rendezvous at Mulhollen's in the county of Monroe, on the 1st of September next, for the purpose of resisting the military encroachments of Ohio. The Territory, it is expected, will be on the alert, and ive un- derstand services will be accepted from all quarters."
The latter movement evidently had reference to preventing the holding of the court at To- ledo, September 7th. What was the force which finally was employed by Governor Lucas can not be ascertained, as no record of the same can be found at Columbus, beyond the amount paid out for the services rendered.
The situation as thus shown, while largely conforming to the policy and wishes of Gov- ernor Lucas, was yet by no means without its embarrassing features with him. His arrange. ment with the Government was for no action on the part of Ohio in connection with the boundary question, beyond the re-marking of the Harris line; while on condition of such course by Ohio the Michigan authorities were
to cease attempts to enforce jurisdiction. But the county of Lucas had been created, and by law a court was to be held at Toledo on the 7th of September. The situation was an em- barrassing one. Threatened by the President with the Federal power in resistance to any violation of the compact or truce, it was a nice point to determine how jurisdiction so positive as the holding of an Ohio court in the disputed territory was to be accomplished without trouble with the Government. In such emer- gency it was decided to substitute strategy for force.
When the time approached for holding the court at Toledo, Governor Lucas sent Adjutant- General S. C. Andrews to confer with the judges and county officers as to the most practicable ways and means for holding the court. It was finally arranged that Colonel Vanfleet should furnish his regiment to act as a posse, subject to orders of the sheriff, for the protection of the court. Such force accordingly appeared at Miami, within the new county. The Adjutant- General and Major-General John Bell of Lower Sandusky (Fremont), proceeded to Toledo in citizen's dress. On Sunday, September 6th, the three associate judges, sheriff and others met at Miami, ready to move to Toledo under escort of Colonel Vanfleet's force of one hundred men. Unfortunately the report was brought in on Sunday evening that General Brown had reach - ed Toledo with a force of 1,200 Michigan troops, to prevent the holding of the court. The effect of this information was essentially disturbing. The judges and others were in serious doubt as to what should be done - some favoring a " back-out," while othersinsisted on an advance, Judge Higgins and Andrew (" Count") Coffin- bury (the latter having been appointed prose- cuting attorney) were absent when the report came in, which embarrassed the associate judges. It was finally decided to submit the question to Colonel Vanfleet, it being assumed by those not willing to make the trip, that that officer would hardly feel prepared, with his small force, to meet 1,200 Michigan troops. It is reported that the colonel, turning to the judges, said : "If you are women, go home! If you are men, do your duty as judges of the court ! I will do mine." The colonel then said he wanted twenty brave men, who were willing to take the risk of a hazardous enterprise ; and requested that such of them as were ready to
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do that, should step four paces to the front, when thirty so stepped out. Of these twenty were taken. Captain Granville Jones, of Lucas Guards, Toledo, was left in charge of the camp at Miami, with directions to be ready for co- operation with the advance. It was then de- cided that September 7th began immediately after 12 o'clock Sunday night, and as no honr for the assembling of the court was mentioned in the law, one hour was as good for the pur- pose as any other, so that the court was held and due record of its proceedings made. Ac- cordingly at 1 o'clock A. M. the procession took up its march of eight miles for Toledo, cach soldier of the escort carrying two cavalry pis- tols. They reached Toledo abont 3 o'clock, and proceeded at once to a school house which stood between Washington and Monroe and Michigan and Erie streets. It was a frame building. At that time it was well "out of town," and thus as safe from observation as accommodations could have been found.
Here " the Court of Common Pleas, in and for the county of Lucas, and State of Ohio," for the first time was opened in due form. It consisted of the three associate judges -- Jona- than H. Jerome, Baxter Bowman and William Wilson. The president judge (David Higgins), as supposed for reasons already indicated, was not present. Junius Flagg, of Toledo, acted as sheriff, and Dr. Horatio Conant, of Maumee, as clerk. A short session was held, the proceed- ings being limited to the appointment of John Baldwin, Robert Gower and Cyrus Holloway, as county commissioners, and the approval of the clerk's bond. The clerk's minutes were kept on loose pieces of paper. The length of time occupied in these proceedings is not re- corded, but it was as short as was consistent with the proper forms; and " no further busi- ness appearing before said court, it adjourned," literally "without day," since its entire session and adjournment took place in the dark.
There seems somehow to have been very little interest taken by the people of Toledo in the record of their initial court and its attendant circumstances. Hence the difficulty at this late day in obtaining satisfactory particulars of the event, and especially of the movements and experiences of the court in placing a de- sired distance between themselves and the sup- posed " Wolverine " troops. In the absence of local information, we are left, for our most
detailed statement in that regard, to the narra- tion given by the late Willard V. Way, Esq., of Perrysburg, in his address before the Raisin Valley (Michigan) Historical Society. With- out in any way impeaching the loyalty of that gentleman as a citizen of the Commonwealth of Ohio, it must be conceded that his account of that occasion does not read in all respects just as one of the zealous champions of Ohio on the disputed boundary question would have been expected to tell the story. In this the writer does not wish to be understood as questioning the truthfulness of Mr. Way's version, which was substantially this : That upon adjourn- ment of the court, the officers and escort went to the tavern then kept by Munson H. Daniels, not far from the court house; that while there enjoying a season of conviviality natural on the accomplishment of important and critical public service, a wag came hurriedly into the tavern and reported a strong "Wolverine " force approaching and close by; that the party at once left the house, sprang to their horses, leaving their bills unpaid; that they took the trail for Maumee, following near the river; that upon reaching the hill across Swan Creek and near where the Oliver House now stands, seeing no pursuit, they came to a halt; that it then became known that the clerk had lost his hat, and with it his minutes of the court; that under direction of Colonel Vanfleet, careful search was made for the papers on the line of their hasty travel; and that after diligent efforts, the hat and contents were found. Col- onel Vanfleet signalized this important success by firing two salutes, when the party continued their journey to Maumee, where they arrived soon after daylight, or about six o'clock, having occupied five hours in going to Toledo, holding a court and getting safely back. The record of that court, so essential to the proper vindi- cation of the rights and authority of the State of Ohio, is as follows :
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 the 7th day of September, A. D. 1835. Present, the Honorable Jonathan H. Jerome, senior asso- ciate judge of said county, their honors, Baxter Bowman and William Wilson, associate judges;
The court being opened in due form by the sheriff of the county.
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HISTORY OF MONROE COUNTY, MICHIGAN.
Horatio Conant being appointed clerk of said county, exhibited his bond, with sureties accepted by the court agreeable 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 withont day.
J. H. JEROME, Associate Judge.
Adjutant-General Andrews, in his report to Governor Lucas, said :
" The court was accordingly held under these circumstances : The judges and sheriff of the county met at Toledo on Monday, which was the 7th, and, attended by a small posse, opened court, organized, appointed their clerk, county commissioners, etc .; and after performing such business as was necessary for a complete organ- ization of the county, and making up their record, adjourned without molestation. In the meantime the opposing force had entered the place, and taken possession of the adjoining village [Vistula, the court meeting in the Port Lawrence division], with the express purpose, as declared, of preventing the session. They had, it is asserted, information of the fact, and made arrangements accordingly. No inter- ruption, however, took place."
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