History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.., Part 7

Author: Western historical company, Chicago. [from old catalog]
Publication date: 1883
Publisher: Chicago, A. T. Andreas & co.
Number of Pages: 814

USA > Michigan > St Clair County > History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.. > Part 7

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THE BLACK HAWK WAR.

The excitement which this war caused throughout the settlements of Michigan was such as would appear incomprehensible at the present time. Macomb County was no exception to the general rule, although her French citizens maintained a dignified equanimity.

On the morning of May 10, 1832, the news of Black Hawk's advance reached Col. J. D. Davis' camp at Plymouth, and was carried thence into the homes of Macomb by a dozen of busy gossipers. At each village the number of Indians was increased by these faithful couriers until, at length, when the news reached Mt. Clemens, it was to the effect that Black Hawk and 80,000 warriors were encamped at that moment on Pigeon Prairie.

The men liable to military service in the county were called out, but on learn- ing that the seat of war was several hundred miles west, that the reports were entirely exaggerated ; that the Sacs and Foxes were scattered or slain, then, and only then did the white warriors of Macomb return to their homes.

THE TOLEDO WAR.

The convention to form a State Constitution met on the second Monday in May, 1835, in the city of Detroit, performing their duties and adjourning the 24th of the same month. In giving their boundaries they made the southern the same as recognized by the ordinance of 1787, and as understood when the Territory was formed. The constitution framed by the convention was submitted to the people and by them approved, after which it was sent to Congress for its action, not doubting but Michigan would be admitted as a State as soon as Con- gress assembled.

To this boundary Ohio entered her protest by her delegation in Congress, and

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by her State Legislature and Executive, and at once organized her eivil powers through and over the disputed territory, which was about six miles wide on the Indiana line, and eight or nine miles at the Maumee River. Congress rejected the application on the 15th of June, 1836, and submitted a proposition to the people of the Territory July 25 of the same year, fixing the southern boundary where it now is, and in consideration therefor the following grants were to be made :

1st. Section 16 of every township for the use of schools.

2d. Seventy-two sections for a State University.

3d. Five sections to build a State Capitol.

4th. Twelve salt springs, with six sections of land to each, for the general uses of the Territory.

5th. Five per cent. of net proceeds of public lands, when sold, for public roads and canals.

6th. Alteration of northern boundaries so as to include the upper peninsula.

While this question of boundary was pending in Congress, great excitement sprang up among the people on both sides, so great, indeed, as to lead to what was known as the Toledo War.

To get a clear insight into the ways and methods by which the first pioneers of the country managed questions affecting their local interests, we can do no bet- ter than to adopt, in these pages, the story of each participant, and from these draw our own conclusions as to the right. Michigan says: The approaching organization of the State Government invested the disputed question with pressing importance, and hostilities on the disputed territory soon became active. In Feb- ruary, 1835, the Legislature of Ohio passed an act extending the jurisdiction of that State over the territory in question, organized townships and directed them to elect officers in April following. It also directed Gov. Lucas to appoint three commissioners to survey and re-mark the Harris line, and named April 1 as the time when the work should commence. Gov. Mason anticipated this action of the Ohio Legislature by an act of the Legislative Council making it a criminal offense, punishable by a heavy fine, or by imprisonment, for any one to attempt to exercise any official functions, or to accept any office within the jurisdiction of the Territory of Michigan by virtue of any authority not derived from said Territory or from the United States. Gov. Mason directed Gen. Brown, then in command of the militia of the Territory, to hold himself in readiness to take the field should Ohio attempt to carry out the instructions of her Legislature. On the 31st of March, Governor Lucas, with his commissioners, and Gen. Bell of the Ohio militia, arrived at Perrys- burg, on their way to commence the survey and re-marking of the Harris line. Here they proceeded to muster a force of 600 volunteers, who were organized and went into camp at Fort Miami to await the Governor's orders.

HISTORY OF MICHIGAN.

In the meantime Gov. Mason with Gen. Brown had raised a force from eight to twelve hundred strong, and were in possession of Toledo. When Gov. Lucas observed the determined bearing of the Michigan braves, and took note of their numbers, he found it convenient to content himself for a time " with watching over the border." Several days were passed in this exhilarating employment, and just when he had made up his mind to do something rash, two Commissioners arrived from Washington, on a mission of peace, They remonstrated with Gov. Lucas and reminded him of the consequences to himself and State if he attempted to gain possession by force. After several conferences with both Governors the Commis- sioners submitted the following propositions for their consideration : 1st. That the Harris line should be run and re-marked pursuant to the act of the Legislature of Ohio, without interruption. 2d. The civil elections under the laws of Ohio hav- ing taken place throughout the disputed territory, the people therein should be left to their own government, obeying the one jurisdiction or the other as they might prefer, without molestation from either side until the close of the next session of Congress.

Gov. Lucas accepted the proposition at once, and disbanded his forces, regard- ing the proposition as coming from the President, through the Commissioners, and under his control. Gov. Mason, on the other hand, refused to accede to the arrangements, declined to compromise rights or surrender jurisdistion, but partially disbanded his forces, holding a sufficient number in readiness to meet any emer- gency that might arise. Gov. Lucas now supposed his way clear, and that he could re-mark the Harris line without molestation, and he accordingly ordered the Commissioners to proceed with the work.

In the meanwhile President Jackson had referred the matter to Attorney General Butler, as to his authority over the contending parties, and the validity of the act of the Ohio Legislature and the act of the Legislative Council under which the respective parties were claiming authority.

The report of the Attorney General was decidedly in favor of Michigan. The weak point in Ohio's claim was a violation of the act of 1805 creating that Terri- tory, and in subsequent acts passed for her government.

Notwithstanding this, Gov. Lucas proceeded to run the line, commencing at the northwest corner of the disputed tract. Gov. Mason and Gen. Brown had kept a watchful eye, and when the surveying party got within the county of Lucas, the under-sheriff of that county, armed with a warrant, and supported by a posse, sud- denly made his appearance and succeeded in arresting a portion of the party. The rest, including the Commissioners, took to their heels and were soon beyond the disputed territory. Arriving at Perrysburg, they reported their valor and escape from the overwhelming attack of Gen. Brown, and their missing comrades all

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killed or taken prisoners, to Gov. Lucas, he in turn reporting to the President. The President thereupon sent a copy to Gov. Mason, and asked for a state- ment of faets from the officers engaged in the transaction. Accordingly, the under- sheriff made a very amusing report, setting forth the fact that it was a civil process, issued by a Justice of the Peace, that under it he had arrested nine persons, without bloodshed or trouble, and closing with the statement that the Commissioners had made very good time, that they had reached Perrysburg with nothing more serious than the loss of hats and their clothing, like Gov. Marcy's breeches, without the patch.

This summary breaking up of the surveying party created intense excitement throughout Ohio. An extra session of the Legislature was called, a law was passed against the abduction of any of ber citizens, making it a penal offense punishable by not less than three nor more than seven years in the penitentiary. They also passed an aet organizing the county of Lucas, fixing the county-seat at Toledo, and directing the court for the county to be hell at any convenient house therein. They accepted the propositions of the President's Commissioners, and made an appropriation of $600,000 to carry these laws into effect over the disputed ter- ritory.

It was evident that Ohio was aroused-that her State pride had been wounded. The idea that the young Territory of Michigan, with her stripling Governor, should successfully defy the great State of Ohio, with a million of inhabitants and her aged Governor, was one that the people could not endure with patience or equanimity.

In the meantime the authorities of Michigan were active in sustaining their authority on the disputed ground. Prosecutions for holding office under Ohio were conducted with great vigor ; for a long time the people of Monroe county were kept busy assisting the sheriff in executing his processes and making arvests in Toledo. Suit after suit was commenced, and each was the breeder of a score of others. The officers of Ohio made feeble attempts to retaliate, but were generally unsuccessful. Sometimes these arrests were attended with danger, al- ways with great difficulty. An instance is related of Major Stickney's arrest, which created great amusement at the time. Hle and his family fought valiantly, but were overpowered by numbers. He was requested to mount a horse. but flatly refused. He was put on by force, but he would not sit there. Finally, two men were detailed to walk beside him and-hold his legs, while a third led the horse. After making half the distance in this way, they tied his legs under the horse and thus got him in jail. An attempt was made to arrest his son. Two Stickney. A seuffle ensued, in which the officer was stabbed with a knife, but the wound did not prove dangerous, and it is believed that this was the only blood shed during the war. The officer let go his hold, and Stickney fled to Ohio. He was indieted

HISTORY OF MICHIGAN.

by the grand jury of Monroe County, and a requisition was made on the Governer of Ohio for his rendition, but the Governor refused to give him up.

On one occasion an officer attempted to arrest a man in the night. The man had but a moment's warning, and sought safety in flight. He reached the Maumee River, threw himself on a saw log, and with hands and feet paddled him- self in safety to the other shore.

A very pious man was elected a justice of the peace, and fled to the woods, where he lived many days in a sugar shanty. It was currently reported, and generally believed by the Ohio partisans, that a miraele had been wrought in his behalf,-that "robin red-breasts " brought him his daily food and drink. The belief in this miraele strengthened the cause of Ohio in many quarters very mate- rially.

The report of the stabbing by Two Stickney and the statement that Gov. Lneas was protecting him made great impression on the mind of the President. Both sides were becoming more importunate, and after investigating the difficulties fully he recommended to Gov. Mason that no obstruction should be made to the re-marking of the IIarris line, that all proseentions under the Territorial aet of February should be discontinued, and no others commeneed until the next session of Congress. This recommendation had no effect on Gov. Mason. He was deter- mined to protect his Territory and her jurisdiction at all hazards. Prosecutions went on as before. When the President became aware of this he superseded Gov. Mason as Secretary of Michigan, and appointed Charles Shaler, of Pennsylvania, as his successor. He also advised Gov. Lucas to refrain from any jurisdiction over the Territory pending the action of Congress. This cheek by the President was a great blow to Gov. Lueas. The eyes of the country were upon him, and he felt it incumbent on him to perform some aet of jurisdiction in order to save himself from the imputation of having baeked down. A happy thought struek him at an oppor- tune moment. The Legislature of Ohio had organized a county and ordered court to be held at Toledo on the 7th of September. To hold this court in the face and eyes of the military foree of Gov. Mason and the recommendation of the President to abstain therefrom would be a grand achievement,-an act of jurisdiction greater than the re-marking of the Harris line. With him this was the thing to be done, and calling to his aid the Adjutant General of the State, they devised a plan, and it was put into his hands to manage. He called out a regiment to protect the judges in the discharge of their duty. The judges met on Sunday, the 6th of Sep- tember, at Maumee, a few miles from Toledo. They were to proceed to Toledo the next morning, under the escort that had been provided for them, and hold court. Some time during the evening a scout who had been sent out by the colonel of the regiment returned from Toledo and reported that 1,200 men under command of

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Gen. Brown, were in Toledo ready to demolish court, soldiers and all, in case of an attempt to open it. This report turned out to be false, but it immediately subdued all the valor of the judges, as well as that of the regiment that was to escort them. But it would not do to back out,-the honor and the dignity of the State must be main- tained ; besides, they would be laughed 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 Governor's assistance. He upbraided the judges for their cowardice and hesitation, and proposed to take the honor of the State into his own keeping. Stepping in front of his regiment, he called for volunteers for a hazardous under- taking. A few brave men answered the call. The trembling judges placed them- selves under the charge of this " forlorn hope," and at three o'clock on Monday morning, Sept. 7. 1835, they sneaked into Toledo, hunted up & school-house, held court about two minutes, and then ran for dear life back to Maumee.

Thus did the State of Ohio triumph over her enemies. Thus did her patriotic sons sustain her dignity. Thus did her brave soldiers throw themselves in the imminent and deadly breach.

It is needless to say that Gov. Mason and Gen. Brown were surprised and chagrined. They had an ample foree within reach to prevent the holding of a court, as courts are generally held, but they were unacquainted with Ohio legal practice, and did not look for midnight tribunals held in dark school-rooms or out- houses.

But little remains to be said in reference to the war. A volume might be written relating to the incidents of that bloodless struggle and the story of the pri- vations endured by the citizen soldiers,-privations which were relieved by raids on hen-eoops, melon patches, and potato fields. The Indierous incidents, the hair- breadth escapes, by field and flood, would be interesting to many, but space forbids more.

Ohio says: This fired the heart of the young Governor, Stevens T. Mason ; his loyalty and zeal would not brook such an insult. The militia at his disposal was called early juto requisition early in the Spring of 1835. They were first put upon the trail of the commissioners, and actually routed them and took several of the party prisoners, on the line some ten miles east of Morenci. These they held for a few days, then discharged some on parole and others on bail, to answer in the dis- triet court.

But the end was not yet. A majority of those living on the disputed ferr tory, in Monroe County, were late emigrants from Ohio and Pennsylvania, and they were thoroughly impressed with the importance to them of being .. part of Ohio, The port of Toledo was just opening to the traffic of the lakes ; the States of Ohio and Indiana were ready to bring in the Wabash Canal, provided it could tap the

HISTORY OF MICHIGAN.

lake on Ohio's soil ; and, besides, Ohio was already quite an old State, and would be able to develop the territory much quicker,-that in fact the territorial interest was all centred at Detroit, and Toledo, if it remained to Michigan, would only be a dependency paying tribute.

With these sentiments prevailing, the Governor of Ohio was induced to put in force the laws of the State. Proclamation was issued giving boundaries to towns and counties, and for the election of civil officers. The elections were held, officers were chosen, and they assumed their duties. The militia was organized and commenced drilling. In short, we had two active and efficient governments, each striving to excel, and, as may be naturally inferred, the relations between them were not of a very friendly character,-the one acting as informers to Gov. Mason, the other mostly engaged in procuring bail to be relieved from arrests, preferring to have their transgressions settled by the courts of the country to an open and violent conflict of arms.

The Governor's quick, impulsive nature would brook this double- entendre no longer. The General Government did not respond to his call. Ohio would not stop at his bidding. The subjects were disloyal and refractory in their every act. Therefore, it become him as Governor to put a quietus on the whole difficulty. Ac- cordingly, he called out the militia of the Territory, to the number of about 1,500 strong, early in the month of September, 1835, to prevent any further inroads upon the territory in dispute, and particularly to prevent the holding of circuit court in Lucas County, which had just been organized, with Toledo as the county seat, where the first session of the court was appointed to be held.

This call was responded to readily in many parts of the Territory, a very few perhaps from this county. They rendezvoused in Monroe County, and thence marched to Tremainsville, on the afternoon before the court was to convene, where they bivouacked for the night. They were here three miles out from the objective point, and much hard work was to be done in a very short time to meet the emergencies of the morrow, for an army was to be organized out of the mate- rial presented. Upon inspection it was found that some had muskets, others had clubs, but most had trusty rifles. These were assigned to companies and battalions, and in the morning marshaled for inspection by the commander-in-chief. They were by him pronounced " au fait" and ordered to march to the scene of the conflict.

In entering the city they actually marched by the door where the court " of which they were in search " was in full operation, without knowing it. They had expected to find it guarded by an army that would be worthy of their steel. But where ? oh, where could they be ? They certainly could not be in Toledo, for the great army of our noble commander-in-chief covered the whole city and some of its

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suburbs. There could be but one conclusion. They had of course hied them- selves to the spot whence they came, and must be now on their way through the defiles of the black swamp. A council of war was held ; the surroundings looked dark ; they had come for blood and without it there could be no remission. the enemy having ignobly fled the field. The usages of war would therefore make their way elear, and reprisals would be in order. If they would not let the issue be decided by force of arms, they could expect nothing less, and must abide hy these rules which had been recognized by all nations from time immemorial. In this strait, it did not take our brave commander long to decide. His forces were soon marshaled, formed in two battalions, the one ordered to make reprisals on the cellars and larders of the inhabitants, the others to move upon the magazines and commissary of the enemy, that a way had informed them were stored in a barn owned by Platt Card, known as one of the moving spirits in the rebellion, and who was then under bonds to answer for what he had heretofore done in in- citing it.

This last work was not to be trusted to raw recruits, or committed to an in- ferior officer ; it was virtually the conquering of an army, and then who knew how strongly it was guarded within, or what might be the dangers of an approach. That the work might be quick and effectual it was decided that our brave commander should lead the fray.

In reconnoitering the premises, all was still; yet there were certain holes in the walls, reminding them of the port-holes in ancient forts, and in which they fancied they saw grim messengers of death staring then: boldly in the face. This could be endured no longer: the order was quickly given and a broad-side was poured into the pine siding of the barn, -a thud, a groan, followed by a few thumps. and all was still as death. Approaches were made stealthily and cautiously until they reached the door, which obeyed the mandate of the hand and readily swung on its hinges. To the surprise of our noble commander and his comrades in arms, they found they had captured a very fine horse, as the warm blood flowing from many bullet-holes attested. They had come for blood as a sacrifice to sprinkle the altar of their loyalty and devotion to their country, and who at this late day will deny that they found it ?

Returning to headquarters it was found that the other battalion had made a very successful raid, especially in the line of Major Stickney's wine-cellar, and from some others, that gave a more exhilarating beverage, sufficient was obtained with which to soften and wash down the hard army biscuit, of which it may be inferred their knapsacks contained an ample supply. Night approaching, each drew his cloak around him and gave himself to pleasant dreams over the experiences and es- capes of the last twelve hours.

HISTORY OF MICHIGAN.

On the following morning an order was issued from the Governor disbanding the forces, allowing each to find his way home as best he could. Thus ended the great Toledo war, and all strife on the disputed tract.

Looking at this question at a later day, when all had become calm and serene, we can discover little occasion for either party to get up and shake themselves like young lions. It was a matter that belonged entirely to Congress. If they had been so imprudent as to let Ohio in her boundaries embrace territory to which she had no claim, it was her duty, and justice required her to correct the error. That it was an error on the part of the National Legislature to allow Ohio to assume the functions and duties of a State, merely from her enabling act, without submitting her constitution for inspection and approval, none will doubt. That the Territorial officers were hasty and inconsiderate in their action, assuming responsibilities that did not belong to them, few question .. That the final adjustment of the whole ques- tion between the parties has resulted to the benefit of each, and especially to Mich- igan, all cheerfully admit.

In this war many of the old settlers of Macomb participated. Fortunately, the old soldiers of the young State lost little or no blood, and all were permitted to re- turn to their homes in peace.

THE PATRIOT WAR.

It will be remembered by the pioneers of Michigan, and not only by them, but by all others, of. that time along the frontier line between the United States and Canada, that during the Winter of 1837-38, occurred what was known as the " Patriotic War." The object of this war was understood to be a revolution that should separate the British possessions of Canada from the mother country that they might erect themselves into sovereign and independent States.

In consequence of the financial crash and hard times then prevailing there were many adventurous, reckless and idle persons in the States who took part with the Patriots. The anxiety that grew out of our Revolutionary war and the war of 1812, toward the British, may have slumbered, but was not forgotten, and it took but little to awaken that old feeling. It was revived along the whole length of the frontier, and was not confined to our side only ; it was fully reciprocated by our loyal neighbors. At that time, as it may be now, there were many half-pay English military officers who would have hailed a war between the United States and Eng- land as a God-send to them; for in that event they would be restored to active service on full pay and stand their chances for promotion. The hostile feeling had reached such a degree of intensity that General Scott was ordered to the frontier with troops. The steamer Carolina, that was supposed to be in the service of the Patriots, was captured in the Niagara River by the British forces, and sent over the falls and it was supposed with part of the crew on board. The Patriots had at that

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History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.., Part 7

Author: Western historical company, Chicago. [from old catalog] Publication date: 1883 Publisher: Chicago, A. T. Andreas & co. Number of Pages: 814

Author: Western historical company, Chicago. [from old catalog]
Publication date: 1883
Publisher: Chicago, A. T. Andreas & co.
Number of Pages: 814