USA > Ohio > Lucas County > Toledo > The facts and historical events of the Toledo war of 1835, as connected with the first session of the Court of common pleas of Lucas County, Ohio > Part 1
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Gc 977.1 W36f 1638584
REYNOLDS HISTORICAL GENEALOGY COLLECTION
GC
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02405 5946
Digitized by the Internet Archive in 2016
https://archive.org/details/factshistoricale00wayw
F892.414
THE
FACTS AND HISTORICAL EVENTS
OF
THE TOLEDO WAR
OF 1835,
A8 CONNECTED WITH THE FIRST SESSION OF THE COURT OF COMMON PLEAS OF LUCAS COUNTY, OHIO.
.
BY W. V. WAY, PERRYSBURG, O.
TOLEDO: DAILY COMMERCIAL STEAM BOOK AND JOB PRINTING HOUSE. 1869.
1638584
CORRESPONDENCE.
At the semi-annual meeting of the Raisin Valley Historical Society, held at Tecumseh, Michigan, December 22d, 1868, at the close of an able and impor- tant address on the subject of the "Toledo War," the following Resolution was unanimously adopted :
Resolved, That the address of the Hon. W. V. WAY, of Perrysburg, Ohio, on the "Toledo War," with such modifications as may be desired, if any, by the writer, be requested for publication by this Society.
B. D. BAXTER, Sec'y.
HON. W. V. WAY,
Dear Sir:
Herewith we transmit you a copy of the Resolution adopted by the Raisin Valley Historical Society, requesting for publication your im- partial history of the almost forgotten "Toledo War." This history is of renewed interest and importance to our people at this time, in view of the petition of the citizens of Lake Superior district to the Legislature of Michigan to re-cede to the United States, so much of our Upper Peninsula as was annexed by an act of Congress to Michigan, in exchange for the loss of territory on our Southern border.
The petitioners desire the formation of a Territorial government over the Upper Peninsula, with the hope of obtaining material aid from Congress to develope its natural wealth, until admitted in the Uinon as a separate State.
If Michigan generously accedes to the prayer of the petitioners, will Ohio be equally generous and return to us the " disputed territory," made classic in our history during the " Toledo War," as the battle ground of pioneer chivalry ?
Respectfully yours,
Tecumseh, Michigan.
M. A. PATTERSON, President R. V. H .S. E. N. NICHOLS, Act. Sec'y.
IV
PERRYSBURG, February 11, 1869.
MESSES. M. A. PATTERSON, President, and E. N. NICHOLS, Secretary,
Raisin Valley Historical Society,
GENTLEMEN : Your communication, with the Resolution of the Raisin Valley Historical Society, has been received. The Toledo War His- tory is at your disposal.
It was originally written as a contribution to the Maumee Valley Pioneer Association. Although most of the incidents recorded took place in the Maumee Valley, and properly form a part of its local history, yet many of them occurred in, and equally form a part of the local history of the Raisin Valley.
The valorous deeds performed by the soldiers of Lenawee and Monroe Counties are well remembered, and duly appreciated by the old soldiers of Wood and Lucas Counties. The warriors on both side performed their parts ?? it would be almost criminal in the historian of their exploits, to indulge in partiality.
If Michigan should now re-cede to the United States the valuable gift be- stowed on her as a reward for her patriotism and zeal in defending the integrity of her soil, to create a new State in the Union, she will exhibit a generosity equalled only by the chivalry that merited the gift.
But while Ohio would applaud the deed, she is too regardful of the honor of Michigan, to lessen her merit by encouraging the performance of so generous an act with the interested expectation of a restoration of the "disputed terri- tory."
Very respectfully yours,
W. V. WAY.
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THE TOLEDO WAR.
In the early times of the Germans and Northmen of Europe, there was a custom, sanctioned by their Courts, that permitted a mode of trial called "wager of battle." This mode of trial was regarded as a great test of the honesty and sincerity of the parties that went to law. It permitted the defendant in a writ of right tos apply for it; and allowed him to challenge his opponent to single combat to decide the case. It was unlike a modern duel, as the parties themselves did not fight; but chose some person to be their champion, to give and take the blows. The party whose fighting man flogged his opponent, had judgment entered in his favor for his claim.
This mode of trial was anciently introduced into England by her conquerors, but was not much practiced.
The persons that fought were required to make a stand up fight, until one or the other was completely vanquished, or until star-light appeared. The fight was conducted according to estab- lished rules.
I am not aware that this mode of trial was ever introduced into this country.
The case of The State of Ohio vs. The Territory of Michigan, in ejectment, in 1835, growing out of an adverse claim to what was commonly called the "disputed territory," comes the nearest to this ancient trial by wager of battle, of any that I have found ; although in many respects it fails to come up to the ancient precedent.
A report of that trial necessarily embraces a history of the first session of the Court of Common Pleas of Lucas County. I pro- pose to report it and give a history of the cause of action.
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In order to make the case intelligible, I shall have to refer to many public documents of the United States, and of the State of Ohio and Territory of Michigan in connection with the "unwritten history." For much of the "unwritten history," I am under obligations to Gen. Joseph W. Brown, of Tecumseh, Michigan; Gen. John Bell, of Fremont, Ohio; and Col. Mathias Vanfleet, of Maumee City, Ohio.
The Ordinance of the 13th of July, 1787, providing a govern- ment for the territory north-west of the Ohio River, defined the northern boundaries of what are now the States of Ohio, Indiana and Illinois, by the line dividing the United States from the British Possessions; but contained a proviso "that the boundaries of these three States shall be subject so far to be altered, thats if Congress shall hereafter find it expedient, they shall have author- ity to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan."
On the 30th of April, 1802, Congress passed an act authorizing the people of the Territory of Ohio to form a State Constitution, preparatory to her admission into the Union; and described her northern boundary as follows:
"On the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east after intersect- ing the due north line from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line and thence with the same through Lake Erie, to the Pennsylvania line; Provided that Congress shall be at liberty at any time hereafter, either to attach all the territory lying east of the line to be drawn due north from the mouth of the Miami aforesaid to the territorial line, and north of an east and west line drawn through the souther- ly extreme of Lake Michigan, running east as aforesaid to Lake Erie, to the aforesaid State, or dispose of it otherwise in conformity to the fifth article of compact between the original States and the people and States to be formed in the territory north of the River Ohio."
The compact referred to is contained in the aforesaid Ordinance.
On the 29th of November, 1802, a convention of the people of Ohio, adopted a constitution under the aforesaid act, giving the
State the same northern boundary as contained in the enabling act, with this proviso :
"Provided always, and it is hereby fully understood and de- clared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie, or if it should inter- sect the Lake Erie east of the mouth of the Miami River of the Lake, then and in that case, with the assent of the Congress of the United States, the northern boundary of this State shall be estab- lished by and extend to a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami River aforesaid; thence north-east to the ter- ritorial line, and, by the said territorial line, to the Pennsylvania line."
The Maumee River, in the acts of Congress and treaties with the Indians, was called the Miami of Lake Erie, or the Miami of the Lake. Wherever the Miami of the Lake or Miami Bay is used, it means the Maumee. Where the Great Miami is used, it has reference to the Great Miami River, which empties into the Ohio River at the south-western corner of the State of Ohio ..
The State of Ohio was admitted into the Union and created into a judicial district on the 19th of February, 1803, without any allu- sion by Congress to the boundary line. On the 11th of January, 1805, Congress created the Territory of Michigan, and defined her boundaries as follows :
"All that part of the Indiana territory which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend through the middle of said Lake to its northern extremity, and thence due north to the northern extrem- 2%. ity of the United States."
Substantially reaffirming the original boundary contained in the act authorizing the Territory of Ohio to form a State Government.
Michigan extended her laws over and claimed jurisdiction to the above mentioned line given for her southern boundary.
This line is designated on our land maps as the "Fulton Line." It intersects Lake Erie east of the mouth of the Miami of the Lake, or Maumee River, and comes within the proviso in the Constitution of Ohio.
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It has been ascertained, that an east line drawn through the southerly bend of Lake Michigan will not intersect the territo- rial line between the United States and the British Possessions, but will pass just north of the mouth of the Cuyahoga River and divide the counties of Cuyahoga, Geauga and Ashtabula. The line, therefore, given by Congress for the northern boundary of Ohio was an impossible line : owing to a want of a knowledge of the geographical position of Lake Erie at the time Congress passed the enabling act.
The authorities of Ohio, on ascertaining the uncertainty of the northern boundary, applied to Congress for a survey of the line provided for in the proviso of the Constitution of Ohio.
Congress in 1812 passed a resolution directing the Commis- sioner of the General Land Office to cause it to be surveyed. But in consequence of the hostile attitude of the Indians near the line, by reason of the war with Great Britain, the line was not run until the year 1817. In that year, the line was run and marked by William Harris in conformity to instructions from the Surveyor General. It was called the " Harris Line," afterwards, from the name of the Surveyor. 1
This survey was reported from the Land Office Department to the Executive of Ohio, and on the 29th of January, 1818, the Legislature, by resolution, ratified and adopted that line as the northern boundary of the State.
Subsequently, the Legislature of Ohio, from time to time, made applications to Congress, to ratify and establish the Harris Line as the boundary between Ohio and Michigan without success, until after the events of 1835, so memorable in the conflicts of those governments.
The territory in dispute extends the whole length of the north line of the State of Ohio, and is about five miles in width at the west end, and about eight miles in width at the east end. This disputed territory is chiefly valuable for its rich and productive farming lands, and for the possession of the harbor on the Maumee River, where now stands the flourishing City of Toledo. In the early settlement of Toledo, the place was known as Swan Creek ;
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afterwards Port Lawrence, then Vistula, and now known as Toledo. The early settlers acquiesced in being governed by the laws of Michigan Territory.
The State of Ohio, as early as 1825, contemplated the construc- tion of a navigable Canal from the Ohio River at Cincinnati to the navigable waters of the Maumee. The Canal was constructed as far north as Piqua, and there terminated for a number of years in consequence of the sparse population between that point and its contemplated termination.
In 1835 the settlement of the country had become quite consid- erable, and the people in the north-west became clamorous for the extension of the Canal north to its completion.
By this time the navigation of the Maumee River to the foot of the Rapids at Perrysburg and Maumee, was fully ascertained to be not as good as to Toledo, and therefore the authorities of the State deemed it of the utmost consequence to have the territory embracing the mouth of Swan Creek, including Toledo, for the termination of the Canal.
The few inhabitants at the mouth of Swan Creek regarded their future consequence as a town, dependent on getting the termi- nation of the Canal; and therefore, suddenly became convinced that they were living in the wrong State, and that if by going into Ohio the place would not be more healthy, it would certainly be more profitable. The principal citizens of the place, therefore urged Governor Lucas to extend the laws of Ohio over them.
The necessity of immediately constructing the Canal, and the urgent demands of the citizens of Toledo, induced the Governor to bring the subject before the Legislature by a special message. On the twenty-third of February, 1835, the Legislature of Ohio passed an act extending the northern boundaries of the counties of Wood, Henry and Williams, to the Harris Line.
The authorities of Michigan had previously exercised jurisdic- tion over the entire territory lying between the Harris Line on the north, and the Fulton Line on the south, as a part of Michigan.
It ought, however, to be mentioned, that the authorities of Wood county, at a period much earlier than 1835, attempted to extend
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the laws of Ohio over that part of this territory claimed to be in that county, by levying taxes, but the people did not recognize the act, and refused to pay the taxes. These facts were reported to the Executive of the State for advice and assistance, but no atten- tion was paid to the matter, and no real effort on the part of the State of Ohio to extend its laws over this territory was attempted until 1835.
The possession of the harbor at the mouth of Swan Creek, was the great inducement for Ohio to contend for this disputed terri- tory. It is not apparent whether the people of Michigan, in con- tending to retain this territory, placed any particular value on retaining the harbor, or whether they were influenced by the gen- eral feeling of maintaining their legal right to what they conceived to belong to them by a fair interpretation of the acts of Congress, defining their southern boundary.
The strife and excitement attending the discussion and final settlement of the boundry has died away. We can look upon what has taken place since the settlement of the boundary in favor of Ohio's claims, as a reality ; but we cannot tell how much better off Toledo is now, by being in Ohio, than she would have been in Michigan. If Ohio had failed to obtain the disputed territory, she would have terminated the Canal at the foot of the Rapids, and the navigation of the River would have been properly and suffi- ciently improved to that point. The foot of the Rapids would have been fostered by the State of Ohio to the exclusion of all benefits to Toledo, if possible. Toledo would have been fostered by the State of Michigan as its most important commercial point. The railroads that she has built to throw the trade into Detroit and Monroe, against natural obstacles, would have had their prin- cipal eastern terminations at Toledo. In accordance with the nat- ural course of trade and State interest, Toledo would have been the "hub" of Michigan, and beyond a rivalship, to any great extent, from Monroe or Detroit.
The laws of Ohio could not have superseded the laws of God, and diverted trade and commerce for any considerable time out of its natural course. But these speculations are too foreign from
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my subject, and I will leave them for the more important details of this history.
The act of the Legislature of Ohio, passed on the twenty-third of February, 1835, further provided "that such part of the terri- tory declared by this act as being attached to the county of Wood, shall be erected into townships as follows, to wit: such part of ranges five and six as lies between the line run due east from the southern extremity of Lake Michigan and the line run from the said southern extremity to the most northern cape of the Maumee Bay, be and the same is hereby erected into a separate and distinct township by the name of Sylvania ; and that all such part of ranges seven and eight, together with the territory east of the Maumee river, as lies between the line run from the southerly extremity of Lake Michigan to the most northerly cape of the Maumee Bay, and between Lake Erie and the line run due east from the southern extremity of Lake Michigan to Lake Erie, be and the same is here- by erected into a separate and distinct township, by the name of Port Lawrence;" and further authorized and directed those town- ships to hold elections for township officers on the first Monday in April next, and provided for their complete organization. It also directed the Governor to appoint three Commissioners to run and re-mark the 'Harris Line.
Uri Seely of Geauga, Jonathan Taylor of Licking, and John Patterson of Adams, were appointed Commissioners to run and remark the line. The first of April was named as the time to commence the survey. Stevens T. Mason, Secretary and acting Governor of Michigan Territory, anticipating the action of the Legislature of Ohio, sent a special message to the Legislative Council, apprising it of the special message of Governor Lucas, and advised the passage of an act to counteract the proceedings of Ohio.
The Legislative Council passed the following act on the 12th of February, thus getting eleven days start of Ohio in point of time :
" AN ACT to prevent the organization of a foreign jurisdiction within the limits of the Territory of Michigan.
SECTION 1. Be it enacted by the Legislative Council of the Terri- tory of Michigan, that if any person shall exercise or attempt to
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exercise any official functions, or shall officiate in any office or situation within any part of the present jurisdicion of this Terri- tory; or within the limits of any of the counties therein, as at this time organized, by virtue of any commission or authority not derived from the Territory or under the Government of the United States, every 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.
SEC. II. And be it further enacted, that if any person residing within the limits of this Territory, shall accept of any office or trust from any State or authority other than the Government of the United States or Territory of Michigan, every person so offend- ing shall be fined not exceeding one thousand dollars, or impris- oned five years, at the discretion of the Court before which any conviction may be had.
MORGAN L. MARTIN, President of the Legislative Council.
Approved February 12, 1835.
STEVENS T. MASON."
There was a division of public sentiment among the inhabitants on the disputed territory, to which government they should yield allegiance. The following communication, sent to Governor Ma- son by some citizens of Port Lawrence township, shows that there were some supporters of the authorities of Michigan in that place:
MONROE, March 12, 1835.
To the 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 circumstances), in duty bound to apply for a special act of the Legislative Council, authorizing the removal of the place appointed for holding our township meeting. 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 consequences 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 remov- ing the place for holding the town meeting for the township of Port Lawrence, from Toledo to the school house on the Ten Mile
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Creek Prarie, to be held on the - day of April, in preference to the usual day and place appointed. 1
J. V. D. SUTPHEN, COLEMAN I. KEELER, CYRUS FISHER, SAMUEL HEMMENWAY.
Delegates from Port Lawrence to the County Convention at Monroe.
The partizans of Ohio were equally zealous and active in its cause, and kept Governor Lucas advised of what was going on. The most prominent of them were Andrew Palmer, Stephen B. Comstock, Major Stickney, Willard Daniels, George Mckay and Dr. Naman Goodsell.
Gov. Mason wrote to Gen. Brown, who was in command of the third division of the Michigan militia, as follows :
EXECUTIVE OFFICE, DETROIT, March 9, 1835.
SIR: You will herewith receive the copy of a letter just received from Columbus. You will now perceive that a collision between Ohio and Michigan is inevitable, and 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 information of the military movements of our adversary, as I shall assume the responsibility of sending you such arms, etc., as may be necessary for your successful operation, without 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.
Very respectfully your obedient servant,
STEVENS T. MASON.
GEN. JOS. W. BROWN.
On the thirty-first of March Governor Lucas, accompanied by his staff and the boundary Commissioners, arrived at Perrysburg on their way to run and re-mark the Harris Line, in compliance with the act of twenty-third February previous.
General John Bell, in command of the seventeenth division of Ohio militia, embracing the disputed Territory, arrived about the same time with his staff, and mustered into service a volunteer force of about six hundred men, fully armed and equipped. The
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force went into camp at old Fort Miami, and awaited the orders of the Governor. The force consisted of five companies of the first regiment, 2d brigade of the 17th division of militia, under the command of Col. Mathias Vanfleet. The captains of these com- panies were Capt. J. A. Scott, of the Perrysburg company ; Capt. Stephen S. Gilbert, of the Maumee company ; Capt. John Pettinger, of the Waterville company; Capt. Felton, of the Gilead company, and Capt. Granville Jones, of the Lucas Guards, an independent company at Toledo.
These companies numbered about 300 effective men. There was also a part of a regiment from Sandusky county, commanded by Col. Lewis Jennings, and a part of a regiment from Seneca and Hancock counties, under command of Col. Brish, of Tiffin. These numbered about 300 more, making the total force 600 men.
I am unable to give the particulars of the recruiting of any of the companies in Col. Vanfleet's regiment, except that of Captain Scott. The recruiting of that company was as follows : Agreeably to military usages, he employed a drummer, to wake up the mar- tial spirit of the inhabitants. Instead of establishing head-quar- ters at some particular place, he made them roving up and down nearly the whole length of Front street, in Perrysburg. That street was the only one, except Louisiana avenue, that contained many inhabitants. He selected a spot some distance below the Avenue, and one near the upper end of the town, between which the drummer was required to march and beat the drum, from early morning until night.
I am not certain whether there was a fifer or not. The drum- mer was a very large man by the name of Odle. He had a broth- er who was of usual size; but the drummer was so much larger than his brother, that he went by the name of the "Big Odle." He was a giant in size. He was so large, that while marching beating a common sized drum, the drum appeared in comparison of size with him, no greater than one of those small drums in toy shops for the use of little boys, would appear in the hands of an ordinary sized man. He wore a two story white felt hat, with a narrow brim ; but by long use it had become softened and the
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