History of Ohio; the rise and progress of an American state, Volume Three, Part 31

Author: Randall, E. O. (Emilius Oviatt), 1850-1919 cn; Ryan, Daniel Joseph, 1855-1923 joint author
Publication date: 1912
Publisher: New York, The Century History Company
Number of Pages: 676


USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Three > Part 31


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In the cities and towns, especially in the river coun- ties, the loss was incalculable. In Cincinnati five hundred families were driven from their homes and a half million dollars worth of property destroyed. The two days of distress are thus described by the Cin- cinnati American:


"Thursday, February 16, 1832 .- The river still continues on the rise; it is undoubtedly sixty-four feet above low water mark. Yesterday it rose at the rate of an inch an hour. From six o'clock last evening to six this morning, we should think at the rate of an inch an hour. The 'Amulet,' from above, reports that we may expect twelve or fifteen inches more. It was falling above the Great Kanawha, and was at a stand below. It rose several inches while the boat was at Maysville. Yesterday afternoon we took a boat in company with a number of others, and rowed to the lower part of the city; the scene presented cannot easily be described. It was painful to witness destruction


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on so vast a scale, some houses upset, others in im- minent danger; the water reached the roofs of the more humble and the windows of the second stories of good frame houses. Flatboats loaded with women and children, furniture and live stock, were busily engaged in Race, Vine, Elm and Walnut streets. The paper- mills appeared to be in the middle of the river, if river it could be called; skiffs were passing in every direction. We returned by way of Front Street. The fine houses flooded, the lower part of the street deserted, and the second stories occupied by those nearer to Main street, boat loads of furniture from Water street, formed a melancholy tout ensemble. Two of the workmen at Fift's foundry were drowned last night; they ran down into the cellar at the time the embankment gave way to save some effects; the water rushed in with such fury as to render escape impossible. There is a report of two or three children being taken from a floating cabin, but we cannot trace it to an authentic source."


"Friday morning, February 17 .- The work of de- struction still continues, the river having reached nearly to lower Market street; when we issued our first circular, no one presumed it would reach higher than Columbia street, but all calculations have failed. 'It is still on the rise, it is still on the rise,' is all that is said or known. All kinds of craft are put in requisi- tion-tubs, boxes, canoes, flats, 'dugouts,' skiffs, yawls, etc. The scene is as lively as a 'regatta' at Venice, though we may not boast of a Bravo or an Antonio. We ought to except a baker who manages his trough with wonderful dexterity. We cannot enumerate half the sad calamities rumor is bringing


GOVERNOR ROBERT LUCAS From a painting by John H. Witt in the Capitol at Columbus.


Born, April 1, 1781, in Jefferson County, Virginia; settled in Ohio at Portsmouth; served in the War of 1812; was frequently a member of the House and Senate; elected Governor in 1832 and 1834; served as Governor of the Territory of Iowa under President Van Buren; died at Iowa City, Iowa, February 7, 1853.


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THE RISE AND PROGRE


on so vast a scale, some houses upset, others in in minent danger; the water reached the roofs of the mo радуЈ ТЯННОЯ ЯОИЯГОД ts1 lotigsO ont 'ai jiW .H adol vd gaithisq & moTH humble and the wind&foof the second stories of goo


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in :+881 bris 588IS HfGoffovoThe paper milis boibproud nrV baobizott wohn swol tof vibtimeTer, if rive it could be called; skiff's were passing in every direction We returned by way of Front Street. The fine how flooded, the lower part of the street deserted, and second stories occupied by those nearer to Main stre boat loads of furniture from Water street, formed melancholy tout ensemble. Two of the workmen Fift's foundry were drowned last night; they ra> down into the cellar at the time the embankment gav way to save some effects; the water rushed in with suc? fury as to render escape impossible. There is a repor of two or three children being taken from a floatin cabin, but we cannot trace it to an authentic source.


"Friday morning, February 17 .- The work of de struction still continues, the river having reache nearly to lower Market street; when we issued o first circular, no one presumed it would reach high than Columbia street, but all calculations have fail 'It is still on the rise, it is still on the rise,' is all the is said or known. All kinds of craft are put in. requis tion-tubs, boxes, canoes, flats, 'dugouts,' skiff yawls, etc. The scene is as lively as a 'regatta' Venice, though we may not boast of a Bravo or Antonio. We ought to except a baker who mana his trough with wonderful dexterity. We cannoe enumerate half the sad calamities rumor is bringing


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OF AN AMERICAN STATE


in. The river, as it sweeps by with its accumulated waters, carries with it the wreck of its desolation. A church passed the city with its steeple standing, bound for New Orleans we presume-a poor market. Excellent frame houses float along, with hay-stacks, rails, etc., leaving the farm stripped of every vestige of cultivation. The lower Mill creek bridge started yesterday morning. Hamilton and Colerain bridges have floated off, and the bridge over the White river in Kentucky. The Kentucky river is banked up at Frankfort, sixty-four miles above its mouth. Newport, opposite to Cincinnati, was pretty well afloat, the water having reached nearly to the windows of the second story of the United States Arsenal. Coving- ton does better, some dry land being discernable."


Entire villages along the Ohio were depopulated. From Steubenville to Cincinnati every town, excepting Gallipolis, was compelled to suspend business.


The flood of 1772, which is the earliest of which we have any account, was five feet higher than that of 1832. "After General Wayne's treaty with the Indians in 1795," says a pioneer writer, "the natives frequently visited the settlement at Marietta for the purposes of trade. Seeing the dwelling houses erected and improvements making on the bottom lands, the aged Indians, with a shake of the head, would point with their hands to the elevated branches of the sycamore trees on the banks of the river, saying they had seen the water that high, and at some future day the white man would see it there also. All who heard it at that time believed it to be an Indian hyperbole; but recent events proved the Indian legend to be true." These


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scenes of devastation have occurred several times since, causing increased destruction and suffering on account of the denser population at each recurring flood.


The dispute between the State of Ohio and the Territory of Michigan, which had been going on for several years, over the boundary line between them, culminated in 1835. It resulted in actual warfare between them, as far as military preparations, enlist- ments, and campaigns can constitute war. Fortunately there was no blood shed. The war, for it was known throughout the country as the "Toledo War, " was the occasion of much ill feeling and bitterness between the parties concerned, and of anxiety to the United States. In order to understand the controversy properly, a review of certain events is necessary.


In the Ordinance of 1787, which provided for the government of the Northwest Territory, the northern boundary of what now constitutes Ohio, Indiana and Illinois was declared to be a line dividing the United States and the British possessions, but the Ordinance contained the further provision that "the boundaries of these three states shall be subject so far to be altered, that, if Congress shall find it expedient, they shall have authority to form one or two states in that part of said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan." Afterwards, in 1802, in the act giving Ohio the right to form a State Constitution, Congress described the northern boundary of the proposed State as follows :


"On the north by an east and west line drawn through the southerly extreme of Lake Michigan,


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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."


When Ohio the same year adopted her Constitution she designated in that instrument the same northern boundary as that named in the act of Congress, but seeing difficulty ahead, made this condition to the adoption of the boundary:


"Provided always, and it is hereby understood and declared 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, 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 established by and extend to a direct line running from the south- erly 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 northeast to the territorial line to the Pennsylvania line."


The difficulty can be seen at once. When Congress passed the act of 1802, there was very little information as to the relative geographical positions of Lakes Erie and Michigan. The northern boundary line of Ohio as fixed by that act was an impossible line. Such a line instead of intersecting Lake Erie would pass several miles south of the lake and divide what now constitute Cuyahoga, Lake and Geauga counties. Congress never intended such a boundary line, but


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always recognized Lake Erie as the northern limit of Ohio. When Ohio discovered the uncertainty of the northern boundary, application was made to Congress for a survey of the line designated in the constitutional proviso of the State. Attempts were made in 1812 to survey a line under a resolution of Congress, but they were thwarted by the hostilities between our country and Great Britain, but in 1817 it was done. William Harris, under the instruction of the Surveyor General, ran the line which Ohio claimed as her bound- ary, and it was known in the controversy as the "Harris Line."


Harris reported his survey to the Governor of Ohio and the Land Office at Washington. On the 29th of January, 1818, the Legislature of Ohio promptly ratified and adopted the "Harris Line" as the northern boundary of the State.


In the meantime, the Territory of Michigan had been formed and its southern boundary fixed as in the act authorizing the Territory of Ohio to form a State government. The Territory of Michigan, therefore, enforced her laws in, and claimed jurisdiction over, a strip of territory the whole length of the Ohio northern boundary. This strip was five miles in width at the west end, and over eight miles at the east end. It was rich, agricultural land, but its chief charm was the harbor where Toledo is now situated. The citizens of the disputed territory soon addressed Governor Lucas, asking that some measures be taken by the legislature of Ohio looking to state control. The Governor in a special message, presented the case, and on February 23, 1835, an act was passed extending


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OF AN AMERICAN STATE


the northern boundaries of Wood, Henry and Williams counties to the "Harris Line." The same law pro- vided for elections in the new townships formed by extension, and also for the appointment of three Com- missioners to run and re-mark the line. Eleven days before this law was passed, however, the Legislative Council of the Territory of Michigan, hearing of the proposed action of Ohio, passed an act providing for the punishment of any person who should attempt to exercise any official functions, or officiate in office within any part of the Territory. The penalty fixed was a fine not exceeding a thousand dollars, or imprison- ment, not exceeding five years, or both. This law was the result of a special message of Stevens T. Mason then acting Governor, which he sent to the Legislature when he heard of Governor Lucas's message on the same subject.


The State and the Territory through the solemn acts of their Legislative bodies had now made an issue, and the question began to assume a serious aspect. Governor Lucas was a man of strong and stubborn character, slow, but determined in what he undertook. He was well-fitted by education and ability to take the lead in affairs of state. There was nothing impetu- ous about him, and every step he took in this affair he did advisedly. Notwithstanding the action of the Michigan Council, Governor Lucas appointed Uri Seely of Geauga, Jonathan Taylor of Licking and John Patterson of Adams, as Commissioners to run and re-mark the "Harris Line." Governor Mason, upon being advised as to what Ohio was doing, addressed General Joseph W. Brown of the third division of the Michigan Militia in the following words:


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Executive Office, Detroit, March 9, 1835.


Sir :- You will herewith receive a 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 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 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 your 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.


The 3Ist of March found Governor Lucas with his staff and the Boundary Commissioners at Perrysburg. General John Bell of the seventeenth division of the Ohio militia also arrived with a volunteer force of six hundred men. In the meantime Governor Mason and General Brown had arrived at Toledo with about one thousand men, and there encamped, being fully determined to prevent any re-marking of the "Harris Line." Both Governors eyed each other like pugilists preparing for conflict. Happily before any opening hostilities, two Peace Commissioners from the Presi- dent of the United States arrived on the scene. They were Richard Rush, of Philadelphia and Benjamin C. Howard of Baltimore, who were appointed to represent


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President Jackson in his efforts for peace. This com- mission prevented bloodshed, and through its influence the militia of both states was disbanded.


Notwithstanding this, however, Governor Lucas determined to run the line. General Brown, the Michi- gan Commander, was again called out to watch the proceedings. The Boundary Commissioners were ac- companied by their surveyor and a posse. When within the disputed territory the sheriff of the county attempted to arrest the party, and did arrest some of them. The Commissioners escaped. The assault on the surveying party created great commotion through- out Ohio. Governor Lucas called a special session of the Legislature, which met on the 8th of June, 1835. This was the first time in the history of the State that the Legislature had been called in session for a special purpose by a Governor. There had been extraordinary sessions twice before, in 1822 and 1832, to redistrict the State for Congress, but they convened by virtue of joint resolutions passed at regular sessions. The determination of the Governor may be well judged in this crisis when we find him appealing to his highest constitutional powers and summoning the Legislative branch of the State government in a manner and for a purpose without a precedent.


In a special message of great length, the Governor detailed the circumstances which had occurred since the adjournment of the Legislature, together with all the correspondence pertaining to them. In retalia- tion for Michigan's legislation, an act was passed "to prevent the forcible abduction of citizens of Ohio";


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and, in addition to this, the county of Lucas, named such in honor of the Governor, was created, which was composed largely of the disputed territory, and Toledo was made the county seat. Three hundred thousand dollars were appropriated from the State Treasury, and power given the Governor to borrow three hundred thousand more for the purpose of asserting the juris- diction of Ohio over the territory in question. The Adjutant General reported to the Governor ten thousand troops ready for action. All these prepara- tions only incensed the people of Michigan, and it looked as if the interstate war would break out afresh, to be settled only on the battlefield.


The belligerent conduct of Governor Lucas created much discussion and considerable anxiety at Washing- ton and throughout the country. To relieve the President from uneasiness in the situation, the Gover- nor sent a private commission, consisting of N. H. Swayne, W. Allen and D. T. Disney, to confer with the President on the situation. Upon a full explana- tion of Ohio's claim, the Secretary of State wrote the Commissioners that "the President, without taking upon himself any other character than that in which he had heretofore acted, will cause an earnest recom- mendation to be immediately sent to the acting Gover- nor of Michigan, and the other authorities of the Terri- tory, whom he can rightfully advise in the performance of their duty, that no obstruction shall be interposed to the re-marking of the Harris Line; that all pro- ceedings already begun under the act of February, shall be immediately discontinued; that no prosecu-


GOVERNOR JOSEPH VANCE From a painting by Laura C. Birge in the Capitol at Columbus.


Born, March 21, 1786, in Washington County, Pennsyl- vania, emigrated to Ohio in 1801; served in the War of 1812; elected to the Legislature in 1812, 1813 and 1815; served in Congress from 1821 to 1836, when he resigned to run for Governor of Ohio; after his term expired he served in the State Senate, Congress and the Constitutional Con- vention of 1850; he died at Urbana, August 24, 1852.


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THE RISE AND PROGRE


and, in addition to this, the county of Lucas, nam ЯРИАУ НЯЯВОТ ЯОЛЯНТОР Governor, was created, which w Jis lofigsO off mi ogTid .O siusI vd ghithisq s MOTH


composed largely Oferdamuloosputed territory, and Toled walvennedetnuod gotguidesWni.08vi somMatodred thousar


doubts, 10 16W ont ai bov192 : 1081; ni oidOfot batsisim Sineve Treasur 12181 bn6 8181 , $18I MI smutslargeI ont of botools ;$181 arof borgiastod Hoflw ,de81 of 1s8f mor zastonoo MPbyythree hundre thbavisa ad bariaxo met ein totte ging do gomisvo@ potting the juri diction 8PAS JOURDANS snsdTU Js boib off : 0281 10 NONnov Nifestion. TE Adjutant General reported to the Governor les thousand troops ready for action. All these prepara- tions only incensed the people of Michigan, and i looked as if the interstate war would break out afresh to he settled only on the battlefield.


The belligerent conduct of Governor Lucas created much discussion and considerable anxiety at Washing ton and throughout the country. To relieve the President from uneasiness in the situation, the Gover nor sent a private commission, consisting of N. H Swayne, W. Allen and D. T. Disney, to confer with the President on the situation. Upon a full explana- tion of Ohio's claim, the Secretary of State wrote the Commissioners that "the President, without taking upon himself any other character than that in which he had heretofore acted, will cause an earnest recom mendation to be immediately sent to the acting Gover- nor of Michigan, and the other authorities of the Terri- tory, whom he can rightfully advise in the performance of their duty, that no obstruction shall be interposed to the re-marking of the Harris Line; that all pro ceedings already begun under the act of February shall be immediately discontinued; that no prosecu-


معان قة


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OF AN AMERICAN STATE


tions shall be commenced for any subsequent violations of that act, until after the next session of Congress, and that all questions about the disputed jurisdiction shall be carefully avoided, and, if occurring inevitably, their discussion shall be postponed until the same period."


On the 29th of August, 1835, Governor Mason was removed for allowing his zeal for the rights of Michigan to overcome his good judgment. The "Harris Line" was marked by the Commissioners. The final settle- ment was made at the following session of Congress, when on June 15, 1836, Michigan was admitted to the Union with the "Harris Line" marking her south- ern boundary, thus giving to Ohio the disputed terri- tory. As a compensation for this, Michigan was given the large and valuable peninsula between Lakes Superior, Huron and Michigan. Ohio thus got the territory she wanted, and Michigan was given the richest bed of mineral ore in the world.


The real object of Ohio's persistent claim for the "Harris Line" was to secure within her boundaries the favored and important harbor at Toledo. It was especially necessary at this time in order to complete the canal system of the State. Keen observers saw that Toledo would, in time, be a great and important point, both in commerce and population. These con- siderations, legitimate, too, it may be observed, ac- counted for much of Ohio's persistency in pressing her claims. The controversy engendered at this time much passion and ill-feeling between two otherwise friendly territories, verifying what Lewis Cass wrote


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to Edward Tiffin, the United States Surveyor General, November 1, 1817: "A disputed jurisdiction is one of the greatest evils that can happen to a country."


The conduct of Governor Robert Lucas in the "Toledo War" while aggressive, was entirely in the in- terest of the State. His assertion of Ohio's jurisdiction only ceased when the Federal Government intervened. The transfer of the controversy to Washington relieved him of much of the burden towards the end. Michigan's claims were advocated by John Quincy Adams in the House and by Thomas H. Ben- ton in the Senate, while Ohio had as defenders Thomas Ewing in the Senate and Thomas L. Hamer and Samuel F. Vinton in the House. The position of Ohio was warmly supported by the congressional delegations of Illinois and Indiana. It is not improbable that politics helped to solve the question. The Jackson administration could ill afford to lose the support of the states of Ohio, Indiana and Illinois, just to secure the electoral votes of Michigan.


Governor Lucas's position in the Michigan-Ohio boundary controversy made him a national figure. The manner in which he had discharged his duties in a trying period commended him to friend and foe alike, and when he retired from the office of Governor he took with him the cordial good-will of his fellow-citizens. While he was a political partisan he was always recog- nized as a faithful public servant. As a soldier of the War of 1812, and as a member of the Senate and House of the General Assembly, he has left behind a record


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of efficiency and patriotism. His standing in his party can be seen when it is known that he presided both as temporary and permanent chairman over the first national convention held by the Democratic party, May 21, 1832. After a long political career in Ohio, he was appointed the first territorial Governor of Iowa by President Van Buren in July, 1838, and served in this office until June, 1841. He died at Iowa City, Iowa, February 7, 1853.


On the Fourth of July, 1839, the corner stone of the present State House was laid in the presence of a large assemblage of citizens. The occasion was made one of public display and demonstration. The cere- monies were conducted before the officers of the State and the Judges of the United States Circuit and District Courts. The large corner stone was laid in the north- east angle of the foundation. In the cavity of the stone were placed public documents and papers of the time, gold and silver coins of that period, and specimens of agriculture and manufacturing of Ohio in glass jars. In a glass tube also deposited was a scroll on which was written the following statement:


"The corner stone of the Capitol of Ohio, in the United States of America, was laid, under the direction of the Commissioners, by Jeremiah Morrow, ex- Governor of the state, and one of its earlier pioneers, in the presence of the officers of state, and a large concourse of citizens on the 4th day of July, in the year of our Lord 1839, at meridian, being the sixty- third anniversary of our National Independence. The


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State of Ohio, being the sixteenth state admitted into the Union, was organized into an independent State in the year of our Lord 1802."




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