USA > Ohio > Allen County > A standard history of Allen county, Ohio : an authentic narrative of the past, with particular attention to the modern era in the commercial, industrial, educational, civic and social development > Part 19
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HISTORY OF ALLEN COUNTY
Because of the urgent demands from the citizens of Toledo, Governor Lucas made the boundary question the subject of a special message to the Legislature. That body passed an act extending the northern bound- aries of the counties of Wood, Henry and Defiance to the Harris Line. That part west of the Maumee River was created into Sylvania Town- ship and that part east into Port Lawrence Township. The authorities of Michigan had previously exercised jurisdiction over the territory lying between the two lines. Under this act three commissioners were desig- nated to resurvey and mark the Harris Line. The men appointed by the Governor were Uri Seely of Geauga, Jonathan Taylor of Licking and John Patterson of Adams counties. The 1st of April (1835) was named as the time of commencement.
Urgent appeals were sent to the authorities at Washington by the territorial officials of Michigan that protection be afforded from Ohio which "has swollen to the dimensions of a giant." The Legislative Council of Michigan rashly passed an act called "The Pains and Penal- ties Act," which provided severe penalties for anyone within the limits of the territory who should acknowledge any other sovereignty. A chal- lenge followed when an election was ordered in the disputed strip by the Ohio authorities. Benjamin F. Stickney, Platt Card and John T. Baldwin acted as judges of this election, which caused excitement to run very high. Michigan at once retaliated by appointing officials who were instructed to enforce "The Pains and Penalties Act." That the acts of the Legislature of Ohio and of Governor Lucas thoroughly aroused the Governor of Michigan is clearly indicated by the following letter to his chief military officer :
Executive Office, Detroit, March 9, 1835.
Sir :- You will herewith receive the copy of a letter just received from Columbus. You 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 proclamation, 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 move- ments 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.
Although not having a direct bearing upon this controversy, it may be said that the inhabitants of Michigan were belligerent in more ways than one. Having been denied permission to form a state in January, they were at that very time engaged in an effort to form an organization in accordance with the Ordinance of 1787. A convention was called to "form for themselves a constitution and State government," whether Congress consented or not. Thus it was that the territory being refused permission to become a state was about to establish a state government for itself. By these acts Michigan did not gain friends in Washington. The Michiganders even went so far as to elect their state officials in the autumn of 1835.
Governor Lucas came to Toledo, accompanied by his staff and his boundary commissioners. Gen. John Bell of Lower Sandusky, who was in command of the seventeenth division of the Ohio militia, had under him a voluntary force of about six hundred men fully armed and
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equipped. This force went in camp at old Fort Miami, and there awaited the orders of the Governor. In order to enlist recruits General Bell sent a drummer named Odle to Perrysburg, believing that the best way to stir up the requisite enthusiasm. Accompanied by a man carrying a flag, Odle marched up and down the streets of that village beating his drum with the greatest vigor. The courthouse was on his route, and court was in session. The judge ordered the sheriff to stop the noise. The drummer said he was under orders to "drum for recruits for the war" and that he should not stop until assured that the court had more authority than had his office. Even while replying, he did not stop his beating. Odle was arrested and Captain Scott summoned. Scott replied that Governor Lucas was at Spafford's Exchange Hotel, Perrys- burg, and had sanctioned the course. Judge Higgins ordered the captain and drummer to jail. Captain Scott said that when the state was invaded the military authority was paramount, and that he would declare martial law if the imprisonment was made and arrest the court. The outcome was that the judge simply continued the case at hand and Odle resumed his drumming more vigorously than ever. As a result the number of recruits was greatly increased.
General Brown, in command of the Michigan forces, issued orders to the militia of Michigan, stating that if there is an officer "who hesi- tates to stake life, fortune and honor in the struggle now before us, he is required promptly to tender his resignation. *
* * We are deter- mined to repel with force whatever strength the State of Ohio may attempt to bring into our Territory to sustain her usurpation." He had under his command a body estimated from eight to twelve hundred men, ready to resist any advance of the Ohio authorities to run the boundary line or do anything upon the disputed territory. With him was Governor Mason. The two executives eyed each other (at a safe distance) like pugilists preparing for battle. The "Pains and Penalties Act" of the Legislative Council of Michigan provided a fine of $1,000 and five years' imprisonment for any person other than United States or Michigan offi- cials to exercise or attempt to exercise any official authority in the dis- puted territory. Both parties were in a belligerent attitude and the excitement was most intense.
Governor Lucas had fully made up his mind to order General Bell to Toledo with his troops as soon as the necessary preparations had been made and risk the consequence, whatever they might be. But before his preparations were completed two commissioners from the President of the United States, Richard Rush of Pennsylvania, and Colonel Howard of Baltimore arrived and used their personal influence to stop all. war- like demonstration. A conference was held on April 7, 1835. The com- missioners submitted the two following propositions for the assent of both parties :
"1st. That the Harris Line should be run and remarked, pursuant to the act of the last session of the Legislature of Ohio without inter- ruption. 2nd. The civil elections under the laws of Ohio having taken place throughout the disputed territory, that the people residing upon it should be left to their own judgment, obeying the one jurisdiction or the other, as they may prefer, without molestation from the authorities of Ohio or Michigan, until the close of the next session of Congress." To this armistice Governor Lucas assented, but Governor Mason refused to acquiesce, insisting that he could not honorably compromise the rights of his people.
Believing that no obstruction would be placed in the way of making the survey, Governor Lucas permitted his commissioners to proceed upon
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their work and disbanded his military. Things did not run smoothly, as is shown by report at Perrysburg, dated May 1, 1835, of which the fol- lowing is a copy in part: * * * "We met at Perrysburg on Wednes- day, the 1st of April last, and after completing the necessary arrange- ments, proceeded to the Northwestern corner of the State, and there succeeded in finding the corner as designated in the field notes of Sur- veyor Harris. *
* Thence your commissioners proceeded east- wardly. along said line, which they found with little difficulty, and re-marked the same as directed by law in a plain and visible manner, the distance of thirty-eight miles and a half, being more than half the length of the whole line. During our progress we had been constantly threat- ened by the authorities of Michigan, and spies from the territory, for the purpose of watching our movements and ascertaining our actual strength, were almost daily among us. On Saturday evening, the 25th ult., after . having performed a laborious day's service, your commissioners, together with their party, retired to the distance of about one mile south of the line, in Henry County (now Fulton), within the State of Ohio, where we thought to have rested quietly and peaceably enjoy the blessings of the Sabbath-and especially not being engaged on the line, we thought our- selves secure for the day. But contrary to our expectations, at about twelve o'clock in the day, an armed force of about fifty or sixty men hove in sight within musket shot of us, all mounted upon horses, well armed with muskets and under the command of General Brown of Mich- igan. Your commissioners observing the great superiority of force, hav- ing but five armed men among us, who had been employed to keep a lookout and as hunters of the party, thought it prudent to retire, and so advised our men. Your commissioners with several of their party, made good their retreat to this place. But, sir, 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 by the enemy, from thirty to fifty shots, were taken prisoners and carried away into the interior of the country. Those who were taken were as follows, to wit :- Colonels Hawkins, Scott and Gould, Major Rice, Captain Biggerstaff and Messrs. Ellsworth, Fletcher, Moale and Rickets. We are happy to learn that our party did not fire a gun in turn and that no one was wounded, although a ball from the enemy passed through the clothing of one of our men."
One of the men arrested, J. E. Fletcher, refused to acknowledge the authority and jurisdiction of Michigan by giving bail. He wrote to Governor Lucas as follows :
"Lenawee County Jail, Tecumseh, May 5, 1835.
"Sir :- I am at present incarcerated in jail-was committed yesterday. * * * I dined with General Brown yesterday. Governor Mason was there. He strongly urged me to give bail. * *
* My reply has been that the right to demand bail is the question at issue. *
* Governor Mason expressed himself as being very anxious that the difficulties might be settled without further hostilities. General Brown was silent upon the subject. There is reason to believe that he does not wish to have this case amicably settled, but that he secretly wishes a collision between the State and Territory that he may have an opportunity to distinguish him- self. * * * The Sheriff expressed regret that the citizens of Ohio were fired upon. General Brown replied 'it was the best thing that was done; that he did not hesitate to say he gave the order to fire.' * * * I will add that I shall remain as I am until further instructions, which I doubt not will be forwarded in due time.
"I have the honor to be your obedient servant,
J. E. Fletcher."
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Maj. Benj. F. Stickney sent the following letter to the editor of the Toledo Gazette, dated April 13, 1835:
* *
* "On the morning of the 9th, then on my return home, I was met by some gentlemen some 14 miles from Toledo, with the intelligence that a hand of ruffians of 30 or more had at dead of night come to my house from Monroe, and in a ferocious manner demolished the door leading to the principal avenue of my house and seized a gentleman (Mr. Naaman Goodsell), bore him off and treated his lady and daughter (the only females in the house), with brutish violence, notwithstanding I had exhorted all to exercise moderation. * * * When my daugh- ter gave out the cry 'murder,' she was seized by the throat and shaken with monstrous violence, and the prints of a man's hand in purple were strongly marked, with many other contusions. Mrs. Goodsell exhibited marks of violence also. This Michigan banditti proceeded likewise to the sleeping quarters of another gentleman (Mr. George Mckay), burst in the door, seizing him in bed; and as the first salutation, one of the villians attempted to gouge out one of his eyes with a thumb. * *
* After two days of Court-mockery at Monroe, these gentlemen were admitted to bail.
"On the 10th, it was reported that an armed force was assembling under General Brown, to march to Toledo, and take as prisoners such as accepted office under Ohio (about a dozen). On the 11th, they arrived in force, about 200 strong, armed with muskets and bayonets. The officers of Ohio having been lulled into security by assurances of the Commis- sioners of the United States (Messrs. Rush and Howard), were not pre- pared for defense, and retired, giving them full space for the display of their gasconading, which was exhibited in pulling down the flag of Ohio, and dragging it through the streets at the tail of a horse, with other similar acts.
"Cyrus Holloway of Sylvania Township, a very good man, was elected Justice of the Peace, under the laws of Ohio, and with others was spotted for vengeance. Apprehending that Michigan officers were after him, he took to the woods, hiding for several days in a sugar-camp shanty. He being a pions man, some of his partisan friends, fond of the marvelous, reported that Providence had wrought a miracle in his behalf ; that little robins daily went to his home, there got food and took it to him during his seclusion in the forest. Many believed this and accepted it as strong proof of the justness of the claim of Ohio to the disputed territory. The miraculous part of the story had a very slight foundation in the fact that Mr. Holloway's children, who daily carried food to their father, had a pet robin and usually took it with them on such visits; hence the robin story."
In addition to the outrages upon the surveying party, there were numerous assaults upon individuals. Throughout the entire spring and summer Toledo was the center of incessant excitement. Each incursion of Michigan officials for the purpose of making new arrests was the occa- sion for renewed excitement. Attempts were made by Wood County to arrest Michigan partisans, but the proposed victims somehow would get advance information and remain out of sight. Major Stickney went to Monroe on the Detroit steamer to pay some social calls. He was there arrested and imprisoned for acting as a judge in an Ohio election. He was considered an important prisoner. He wrote to Governor Lucas :
"Monroe Prison, May 6th, 1835.
"Here I am, peeping through the grates of a loathsome prison, for the monstrous crime of having acted as the Judge of an election within the
Vol. I-9
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State of Ohio. From what took place the other day at Port Miami, at a conference between yourself and the Commissioners of the United States wherein we had the honor of being present, we were led to believe that a truce at least would be the result. In this we were again deceived. I left my residence in Toledo in company with a lady and gentleman, from the interior of Ohio, to visit my friend A. E. Wing of Monroe, and others, conceiving that respect for the ordinary visits of hospitality would have been sufficient for my protection under such circumstances. But vindictiveness is carried to such extremes that all the better feelings of men are buried in the common rubbish. The officer who first took me treated me in a very uncivil manner, dragging me about as a criminal through the streets of Monroe, notwithstanding there are a number of exceptions to this virulent mass."
"7th, 7 o'clock A. M .- Have been here fourteen hours, and no refresh- ment of any kind yet furnished. It appears probably that it is intended to soften us by starvation. Those bands of ruffians of the United States, hanging upon the northern border of Ohio, require chastisement. They have become very troublesome *
* * kidnapping and abducting individuals who have become offensive to them. * *
"I have the honor to be, sir, your obedient servant,
B. F. Stickney."
Mr. Goodsell wrote to Governor Lucas concerning his experiences after being captured by the Michigan authorities. He says:
"My journey was rendered unpleasant by the insolence of some of the party and my life jeopardized by being obliged to ride upon a horse without a bridle, which horse, being urged from behind, became fright- ened and ran with me until I jumped from him. I arrived at Monroe and was detained there until next day, as they refused me any bail from day to day. I was taken before the grand jury, then in session, and ques- tioned concerning our meeting, officers, etc., etc. During the second day a large military force, or posse, was raised, armed and started for Toledo. After they had gone nearly long enough to have reached Toledo, I was admitted to bail, and returned-passed the force on the road-inquired of the Sheriff whether that was to be considered an armed force or a Sheriff's posse. He answered that he considered it an armed force at this time, but it was so arranged that it might be either-as circumstances should require ; that General Brown and aide were along, who would act in case they assumed a military force. * When about half way from this place to Monroe, on the morning of my abduction, our party was joined by the one having Mr. Mckay in custody, who had also been abducted, or made prisoner, as they termed it. About his person there were marks of violence. He rode with his feet tied under his horse."
The Legislature of Ohio was convened in extra session by Governor Lucas "to prevent the forcible abduction of citizens of Ohio." The mem- bers were greatly aroused by the illegal arrests, and passed an act pro- viding heavy penalties for any attempted forcible abduction of a citizen of Ohio. The offense was made punishable by imprisonment in the penitentiary for not less than three nor more than seven years. In spite of all this, a posse of about two hundred and fifty armed men again vis- ited Toledo, on July 18th, and made seven or eight arrests, chiefly for individual grievances. This posse also committed several overt acts, among which was damage to a newspaper office. The office of the Toledo' Gazette was visited by a posse bearing muskets. The door was demol- ished and a "pi" made of the type already set for the next issue. "We have barely enough type and materials enough saved from the outrages,
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we are about to relate, to lay the particulars before the public," said the Gazette in its next issue.
An act was also passed by the Ohio Legislature to create the new County of Lucas out of the northern part of Wood County, including the disputed territory, together with a portion of the northwestern corner of Sandusky County. Of this county, Toledo was made the temporary seat of justice. The Court of Common Pleas was directed to hold a ses- sion there on the first Monday of the following September, at any con- venient house in the village. Three hundred thousand dollars was appro- priated out of the public treasury, and the governor was authorized to borrow on the credit of the state $300,000 more to carry out the laws in regard to northern boundary. Governor Lucas called upon the division commander of this state to report as soon as possible the number of men in each division who would volunteer to sustain him in enforcing the laws over the disputed territory. Fifteen of these divisions reported over one hundred thousand men ready to volunteer. These proceedings on the part of Ohio greatly exasperated the authorities of Michigan. They dared the Ohio "million" to enter the disputed ground, and "wel- comed them to hospitable graves." Prosecution of citizens within this territory for holding offices under the laws of Ohio were prosecuted with greater vigor than ever. For a time the Monroe officials were kept busy. Most of the inhabitants of that village were employed in the sheriff's posse making arrests in Toledo. The commencement of one suit would lay the foundation for many others. There are few towns in the United States in which the citizens have suffered as much for their allegiance to a state as did those of Toledo.
The highly inflammable condition of public sentiment in Michigan is revealed in the following extract from The Detroit Free Press of August 26, 1835 :
OHIO CONTROVERSY .- The Legislative Council yesterday had this subject under consideration. They have made an appropriation of $315,000 to meet any emergency which may rise, 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 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 rendez- vous at Mulholland'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 we understand services will be accepted from all quarters.
The latter movement evidently had reference to preventing the hold- ยท ing of the court at Toledo, September 7th.
On June 8th Governor Lucas called an extra session of the Legisla- ture and delivered a message of which the following is a part :
"It appears to me the honor and faith of the State is pledged, in the most solemn manner, to protect these people in their rights, and to defend them against all outrages. They claim to be citizens of Ohio. The Legislature by a solemn act has declared them to be such, and has required them to obey the laws of Ohio, which, as good citizens, they have done, and for which they have been persecuted, prosecuted, assaulted, arrested, abducted and imprisoned. Some of them have been driven from their homes in dread and terror, while others are menaced by the authori- ties of Michigan. These things have been all done within the constitu- tional boundaries of the State of Ohio, where our laws have been directed to be enforced. Are we not under as great an obligation to command
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respect and obedience to our laws adjoining our northern boundary as in any other part of the State, Are not the inhabitants of Port Law- rence, on the Maumee Bay, as much entitled to our protection as the citi- zens of Cincinnati, on the Ohio River? I feel convinced they are equally as much. Our commissioner appointed in obedience to the act of the 23d of February, while in discharge of the duty assigned them, were assaulted while resting on the Sabbath day, by an armed force from Michigan. Some of the hands were fired on, others arrested, and one, Colonel Fletcher, is now incarcerated in Tecumseh, and for what? Is it for crime? No; but for faithfully discharging his duty, as a good citizen of Ohio, in obedience of our laws. *
* * The question necessarily arises, what shall be done? Shall we abandon our just claim, relinquish our indisputable rights and proclaim to the world that the acts and reso- lutions of the last session of the General Assembly were mere empty things? Or, rather, shall we not prepare to carry their provisions into effect? The latter, I doubt not, will be your resolution; and I trust that by your acts you will manifest to the world that Ohio knows her con- stitutional rights; that she has independence enough to assert them; and that she can neither be seduced by flattery, baffled by diplomatic manage- ment, nor driven by menaces from the support of those rights."
The loyal citizens of Toledo were "getting discouraged having no arms nor succor sent them, which they construed to neglect. It was dif- ficult to comfort them." The confusion is revealed in an old copy of The Toledo Gazette, published in "Toledo, Wood County, Ohio," in which there is an administrator's notice of "the estate of John Babcock, late of Toledo, in the County of Monroe and the Territory of Michigan," as well as other official notices of the same purport.
The arrests by Michigan authorities continued. The following affi- davit by a Michigan officer who had a warrant for the arrest of Two Stickney, a son of B. F. Stickney, and the rearrest of Mr. McKay, affords most interesting reading and sheds light upon the intensity of public feeling :
Territory of Michigan, ss.
Monroe County.
Personally came before Albert Pennett, a Justice of the Peace within and for the county aforesaid, Lyman Hurd, who, being duly sworn, said that on the 15th day of July, 1835, this deponent, who is a constable within the county aforesaid, went to Toledo in said county, for the purpose of executing a warrant against Geo. Mckay in behalf of the United States.
This deponent was accompanied by Joseph Wood, deputy sheriff of said county. Said Wood had in his hands a warrant against Two Stick- ney. This deponent and said Wood went into the tavern of J. B. Davis, in the village of Toledo, where they found said Stickney and Mckay. This deponent informed Mckay that he had a warrant for him, and there attempted to arrest Mckay. 'The latter then sprang and caught a chair, and told this deponent that unless he desisted he would split him down. This deponent saw Mckay have a dirk in his hand. At the time this deponent was attempting to arrest Mckay, Mr. Wood attempted to arrest Stickney. Wood laid his hand on Stickney's shoulder and took him by his collar and after Wood and Stickney had scuffled for a short time this deponent saw Stickney draw a dirk out of the left side of Wood and exclaim, "There, damn you, you have got it now." This deponent then saw Wood let go from Stickney and put his hand upon his side, apparently in distress, and went to the door. This deponent asked Wood if he was stabbed. Wood said, very faintly, that he was. This
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