USA > Ohio > Fulton County > A standard history of Fulton County, Ohio, an authentic narrative of the past, with an extended survey of modern developments in the progress of town and county, Vol. I > Part 7
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White settlement of the Maumee Valley was slow before the War of 1812 definitely cleared the territory of Indian resistance. Col. John Anderson was the only American trader of any note on the river in 1800, in which year he settled at Fort Miami. On the right bank of the river, on a site now within the City of Toledo, there was a very small French settlement in the first decade of the nineteenth century ; and when war came in 1812 there were sixty-seven families residing at the foot of the Maumee Rapids. These were thrown into eon- sternation when news came, in a somewhat dramatic way, of the surrender of General Hull's army at Detroit. A band of British and
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HISTORY OF FULTON COUNTY
Indians suddenly appeared at the foot of the Rapids and plundered the settlers on both sides of the river, returning to Detroit with the plunder. The settlers then took early opportunity to seek safer quarters to the southward, but after the close of hostilities returned in increasing numbers. Settlement had advanced so far in 1816 that the Government then sent an agent to lay out a town at the point on the Miami of the Lake best calculated for commercial purposes. Perrysburg was the result. In the next year a treaty of much importance was negotiated by Generals Lewis Cass and Duncan McArthur, and the Indian chiefs, at a council held "at the foot of the Rapids of the Miami of Lake Erie." The exact location is stated to have been on the left bank of the river near the site of the present village of Maumee. There, in September, 1817, the Wyandots, Senecas, Delawares, Shawnees, Potta- watomies, Ottawas and Chippewas were represented, and agreed to cede right to considerable land in Northwest Ohio. There were seven thousand aborigines present when this treaty was negotiated, and "of all the great treaties ever entered into with the Indians this one held at the Maumee Rapids was of the greatest interest to Northwest Ohio." It cleared the field for safe settlement.
In 1819, Fulton county terirtory passed under the jurisdiction of Shelby county, and in the next year, 1820, on the 12th day of February, it was declared "That all that part of the lands lately ceded by the Indians to the United States, which lies within this state, shall be, and the same is hereby erected into fourteen separate and distinct counties," to be bounded and named, as in the act provided. These counties so formed were: Allen, Crawford, Hancock, Hardin, Henry, Marion, Mercer, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, and Wood. Of the newly created counties, Hancock, Henry, Putnam, Paulding, and Williams, were temporarily attached to Wood county, the temporary seat of justice of which was fixed at Maumee. What is now Fulton county was then partly in Williams and Henry counties, but settlement had not then begun. It was not until 1823 that Henry county had sufficient settlers within its borders to organize the area into one township, which was named Damascus. In the area now known as Fulton county there was, in 1824, probably only one white settler. He, John Grey, who built a log cabin in 1824, in what eventually became Pike Township, and on what ultimately was known as the Herman Tappan farm, can perhaps hardly be termed a legitimate settler. In reality, his log cabin was a trading outpost, and he left the country nine years later, seeking safety in flight from hostile Indians, whom he seems to have displeased in trading transactions. Perrysburg became the county seat of Wood county on March 19, 1823, but eleven months later Williams county became fully organized, and for judicial purposes Henry County was then attached to it. In 1834, Henry county entered into full and separate existence, being then fully organized for all purposes, under the authority of an act passed by the State Legislature during the session of 1834. Lucas county, which was organized in 1835, by authority of an act passed on June 20th of that year, owes its existence probably to the controversy then pending between the State of Ohio and the Territory of Michigan, the latter authority claiming right to administer the territory north of what is known as the Fulton line.
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The full circumstances will be explained in another chapter of this work. Lucas county took territory from Henry county, and by an amendment of March 14, 1836, the boundaries of Lucas county were defined as follows :
"Beginning at a point on Lake Erie, where the line commonly called 'Fulton's Line' intersects the same; thence due west with said Fulton's Line, to the Maumee River; thence in a southwesterly direction with the said river, to the east line of the county of Henry; thence north on said line to the northeast corner of township 6, in range 8; thence west, on said township linc, to the east linc of the county of Williams; thence north, to the northern boundary of the state, called the 'Harris Line'; thence in an casterly direction with said line to Lake Erie; thence duc east, until a line drawn due north, from the place of beginning, shall intersect the same."
With the exception of two tiers of sections on the south. and the territory on the west, which Williams county had eventually to cedc to Fulton, the whole of the present county of Fulton was embraced in Lucas. Thus, until the organization of Fulton county in 1850, the territory then included in it was under the jurisdiction of the counties of Henry, Lucas, and Williams.
CHAPTER III THE BOUNDARY DISPUTE
Interstate war, between the State of Ohio and the Territory of Michigan, was only narrowly averted in the '30s, during the contro- versy which raged, heatedly, for some years, in the attempt to decide the ownership of a small strip of border land. (The territory in dispute was only twelve miles wide at Toledo, and five miles in width at its western boundary; yet it seemed at one time that bloody war would result between the states before ownership of the strip could be estab- lished. And, as it was probable that one side would have the assistance of the United States Government in any resulting military operations, the dispute was a portentous one.
The trouble might have ended in its very inception had the United States Government clearly defined the boundaries when the first con- stitution of Ohio was formed, in 1802. It would then have been merely a detail of surveying unorganized territory of little consequence ; but thirty years later, when State and Territory had grown in wealth and landed possessions and in political importance, the disputed territory was a matter of keen interest to both. Until it was decided, the townships of Gorham, Chesterfield, Royalton, and Amboy, and the northern parts of Franklin, Dover, Pike, and Fulton, of the present Fulton county, which territory was then in the early but appreciable process of settlement, seemed to recognize the authority of Michigan, in legal processes.
The origin dates back to the "Ordinance of 1787," which divided the Northwest Territory, then only recently ceded to the United States, into three parts: the western, to include all of the present states of Illinois, Wisconsin, and a portion of the Upper Peninsula of Michigan ; the middle, to include the present state of Indiana, and north of the British line; the eastern, to include the territory bounded by Indiana, Canada, Pennsylvania, and the Ohio River; "Provided, however, and it is further understood and declared, that the boundaries of these three (prospective) states shall be subject so far to be altered, that if Congress shall hereafter find it expedient they shall have authority 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."
In an aet of Congress, granting to Ohio constitutional state rights, the northern boundary was described as follows: "On the north, by an east and west line drawn through the southerly extreme of Lake Michigan, running east after intersecting 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."
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HISTORY OF FULTON COUNTY
The state constitution was framed accordingly, and approved by Congress as prepared; and the State of Ohio exercised jurisdiction accordingly, as it supposed was its right. But that the Territory of Michigan also claimed the right of jurisdiction within what Congress had agreed was the boundaries of Ohio is shown by the following letter to Governor Meigs:
Miami Rapids, January 23, 1812.
Sir: It appears to be the general wish of the people of this settlement (which consists of about fifty families) to have the laws of the State of Ohio extended over them, as we consider ourselves clearly within the limits of said state. The few who object are those who hold offices under the Governor of Michigan, and are determined to enforce their laws. This is considered by a great majority of the inhabitants as usurpation of power which they are under no obligation to adhere to. If no adjustment should take place, I fear the contention will ere long become serious. Sir, will you have the goodness to inform the people here, whether there has been any understanding between the State of Ohio and the Governor of Michigan on the subject of jurisdiction, together with your advice. I am, sir, with high esteem, Your obedient servant,
AMOS SPAFFORD, Collector of Port Miami.
The war, with Britain, and the consequent evacuation of the Maumee country by the settlers, but the matter into a state of dormancy for some years, although in response to an appeal by the Ohio Legisla- ture, the United States Congress, on May 20, 1812, passed an act authorizing and instructing the Surveyor General of the United States, as soon as the consent of the Indians could be obtained "to cause to be surveyed, marked, and designated, so much of the western and northern boundaries of the State of Ohio, which have not already been ascertained, as divides said states from the territories of Indiana and Michigan, agreeably to the boundaries as established by the act" of 1802. They instructed the Surveyor General "to cause to be made a plat, or plan, of so much of the boundary line as runs from the southerly extreme of Lake Michigan to Lake Erie, particularly noting the place where said line intersects the margin of said lake, and to return the same when made to Congress."
The War of 1812 prevented the immediate undertaking of the survey, and nothing was done in the matter until 1817, following the negotiations of the Cass-McArthur treaty with the Indians. Then Ed- ward Tiffin, surveyor-general, employed William Harris to survey a por- tion of the western, and all of the northern boundary line. Harris found that a due east line from the head of Lake Michigan would intersect Lake Erie seven miles south of of the most northerly cape of Maumee Bay, Fulton subsequently verifying the survey. Harris, however, in conformity to the constitution of Ohio, ran another line from the lower extremity of Lake Michigan to the northerly cape of Maumee Bay, which line established the northwest corner of Ohio five miles, 25 chains, and 64 links north of where the due east and west line ran. Governor Lewis Cass, governor of Michigan at that time, and much
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HISTORY OF FULTON COUNTY
interested in the Maumee country since the negotiation by him of the Indian treaty, claimed the line of the Ordinance of 1787 to be the southern one. He succeeded eventually in obtaining an order, through William H. Crawford, then Secretary of the Treasury, to run the due east and west line. John A. Fulton made the survey, and established what is known as the Fulton Line, which confirmed the original survey made by Harris, not the subsequent survey by Harris, who in that
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MAP MADE IN 1834, SHOWING PART OF THE PRESENT FULTON COUNTY, OHIO, IN LENAWEE COUNTY, MICHIGAN.
second survey laid the state boundary on the line known as the Harris Line, to which line the State of Ohio adhered, establishing townships within the disputed territory as soon as an area became sufficiently settled.
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HISTORY OF FULTON COUNTY
appointed three commissioners to locate the line of the proposed Lake Erie and Miami Canal through the state. In that year it was, in consequence, found that the eastern terminus of the canal would have to be located at a point on the Maumee River north of the Fulton Line, and as the State of Ohio was much, and finaneially, interested in the canal project, the reopening and final settlement of the boundary question became imperative. On February 12, 1835, the Territory of Michigan passed an act by which heavy penalties would follow an attempt by any person to administer any part of the territory without authority from the United States or the Territory of Michigan. That act was soon afterwards challenged, when an election was ordered in the disputed territory by the Ohio authorities. It was held, and Michigan at once retaliated by appointing officials, who were instrueted to enforee the law, known as "the Pains and Penalties Act"; and the somewhat impulsive governor of Michigan made provision to resort to military measures, if necessary, as the following letter to his military officer shows:
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PICTURESQUE OLD LOCK ON THE MIAMI AND ERIE CANAL.
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 tendeney. 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, ete., 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.
On March 31st, Governor Lucas, of Ohio, arrived at Perrysburg aceompained by his staff and three commissioners whom he had appointed to remark the boundary on the Harris line. General John Bell. in command of the Seventeenth Division of Ohio Militia, arrived
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HISTORY OF FULTON COUNTY
at about the same time. He was ordered to recruit the militia among the residents of the territory in dispute, but was unable to do so, and had to call for six hundred volunteers from other counties of Ohio. As a matter of fact, the settlers in the disputed strip were more inclined to recognize the authority of the Territory of Michigan; and some of them actually enlisted in the Michigan army. General Bell's army went into camp near the old Fort Miami, and the hostile camp was not far distant, for Governor Mason with General Brown had arrived at Toledo, and the Michigan army was estimated to consist of from eight hundred to twelve hundred men. Both sides were resolved to carry through the object of muster and assembly, and but for the opportune arrival of two United States commissioners, sent expressly by the president, war in all probability would have resulted. These two emissaries of the federal authority used their personal influence to prevent all warlike demonstration, and at a conference, held on April 7, 1835, submitted the following propositions to the contending authorities :
"First, that the Harris line should be run and remarked, pursuant to the act of the last session of the Legislature of Ohio without interruption ;
Second, 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 jurisdic- tion, 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."
The conference ended presumably in a truce, and soon afterwards the boundary commissioners proceeded to the Harris line, to carry the remarking through to completion. They were set upon by fifty or sixty men of General Brown's command, and indeed under the command of that officer, on April 26th, and although the commissioners themselves escaped, their escort of nine men "were taken prisoners and earried away into the interior of the country." The commissioners reported that the men were made prisoners after thirty to fifty shots had been fired at them, fortunately without hurt. Further hostility was shown by the Michigan authorities by suddenly appearing, on April 11th, in armed force (about 200 strong, armed with muskets and bayonets), at Toledo. The officers of Ohio, "having been, lulled into security by the assurances of the United States Commissioners," were taken by surprise, and forced to retire from the place, giving General Brown and his Michigan army "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." In many parts of the disputed territory civil authorities of the Ohio administration were arrested by Michigan "banditti," which had been stationed at Adrian under the command of General Brown, "to keep a close watch on events."
Although the State of Ohio recognized the right of the United States to exercise supreme authority, and therefore rested its armed demonstrations until such time as the Congress would act, Governor Lucas and the state administration did not intend that its authority should be altogether flouted by the minions of Governor Mason. Lucas
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HISTORY OF FULTON COUNTY
county had been organized, and Toledo had temporarily been made the county seat ; and there Governor Lucas was resolved that the law eourt should in due season hold session. The Michigan authorities were determined to prevent it, and for this purpose the Detroit militia arrived in Monroe on the evening of September 5th. On the 6th this force, together with many volunteers, marched into Toledo, headed by Governor Mason and General Brown. The associate judges were at the village of Maumee, ten miles distant, with Colonel Van Fleet and 100 soldiers of Ohio. Such a small force could not oppose the Michigan army, and strategy was resorted to to aeeomplish the purpose desired. September 7th was the day set for opening of judicial court, but as a time had not been stated, it was argued that one hour was as good as another. Consequently, at 1 o'clock in the morning of the 7th, the judges started down the Maumee on horseback, eseorted by the colonel and twenty soldiers, each carrying two cavalry pistols. About two hours later they arrived, and proceeded quietly to the schoolhouse by Washington Street, which was then "well out of town." The three associated judges, Jonathan H. Jerome, Baxter Bowman, and William Wilson, opened the court, appointed a clerk and three commissioners for Lucas county, and after the transaction of a little other necessary business, the court adjourned. "All present then hastily started through the woods up the Maumee River to the town of the same name," and safely arrived, with the valuable minutes of the first court.
The sueeess of the strategem practically ended the trouble. An order came removing Governor Mason from the office of governor of the Territory of Michigan, "because of his excessive zeal for its rights;" and on the 15th of June, 1836, Michigan was admitted into the Union, her southern boundary then being definitely and finally limited to the Harris Line, the disputed area then becoming part of Ohio.
CHAPTER IV SETTLEMENT AND ORGANIZATION
The present county of Fulton was organized in 1850, but settle- ment began almost two decades prior to that, and at a time when its territory was part of Henry and Williams counties. The creation of Lucas county, in 1835, took within its boundaries the greater part of the land which was ultimately to form Fulton county; and that por- tion which was embraced in Lucas county was originally put within the limits of a single township, called York. York Township was later subdivided into several smaller townships, by name: Amboy; Chesterfield; Clinton; German; Gorham; Royalton: Swan Creek; York; Frankl'in; Dover; Pike; and Fulton; all of which townships were organized while the land was in the jurisdiction of Lucas county, although the beginning of settlement antedated the organization of Lucas county.
"wijs Berry
JOHN GREY, A FUR TRADER, BUILT A LOG CABIN IN PIKE TOWNSHIP, IN 1824.
Unless John Grey, a fur trader who built a log cabin in Pike Township in 1824, residing therein until 1833, can be considered to have been a legitimate settler, which supposedly he can not, for he does not appear to have taken title to any land, nor to have cleared any acreage, the settlement may be stated to have begun in 1832, or 1833. As to which of the early settlers was the first to take up resi- dence, i. e., permanent abode, within the county, it is hard to deter- mine, closer than to state that the first two settlers were Eli Phillips and Joseph Bates. The former is generally acknowledged to have been the pioneer settler, but whether he should have that distinctive place is a moot point, as the following records show. The "History of Henry and Fulton Counties" (1888) states :
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HISTORY OF FULTON COUNTY
"In the early part of the year 1832, Eli Phillips with his young wife came to the disputed land. They were former residents of Mich- igan, in the vicinity of Adrian. Mr. Phillips located on sections ten and eleven, town nine south, range three east, on the tenth day of June, in that year ;" but the "Wauseon Republican," of July 19, 1884, carried a "Personal," which reads as follows:
"We received a social call on Tuesday last from Eli Phillips, of Royalton Township. Phillips Corners was named after him. He in- forms us that he settled in that place June 10, 1833. At that time the Indians were the only occupants of this country. His nearest neigh- bor was in Michigan, five miles away; and on the east the only settler was at Sylvania, eighteen miles east. On the south, the nearest settle- ment was on the Maumee River, twenty-five miles away; and on the west, Angola, Indiana, was the nearest settlement."
Therefore, by his own testimony, it seems that 1833 was the year in which Eli Phillips settled. Of course, typographieal errors are not impossible, especially in the hastily compiled temporary record a newspaper is called upon to provide. Mistakes especially in figures often creep into the columns of a newspaper. However, a later history of Fulton county, that edited by Thomas Mikesell in 1905, gives the year of the coming of Eli Phillips as 1833, explaining that "he entered his land in Fulton county in 1832, and removed here the following year." Therefore, June 10, 1833, may be taken to have been the day upon which Eli Phillips, that worthy pioneer, arrived in Royalton Township with his wife.
Consequently, his right to first place among the pioneers of Fulton county must be considered in connection with the record of Joseph Bates, the pioneer settler in Franklin Township. Joseph Bates is claimed to have been the first settler in Brady Township, Williams county, he having settled in the part of that township which in 1850 was added to Franklin Township, when Fulton county was created. The "History of Henry and Fulton Counties" (Aldrich, 1888) states that Joseph Bates :
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