USA > Ohio > Seneca County > History of Seneca County, from the close of the revolutionary war to July, 1880 > Part 44
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On the 30th of April, 1802, when Congress passed an act authorizing the people of the territory of Ohio to form a state constitution, they described the northern boundary as follows:
On the north by an east and west line drawn through the southern extreme of Lake Michigan, running east after intersecting the due north line from the month of the Great Miami, until it shall intersect Lake Erie, or the ter- ritorial line, and thence through Lake Erie to the Pennsylvania line ; Pro- vided 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 month of the Miami aforesaid, to the territorial line, and north of an east and west line drawn through the sontherly 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.
When the convention at Chillicothe, on the 29th day of November, 1802, adopted the first constitution for Ohio, they gave the state the northern boundary, as contained in the enabling act with this proviso:
Provided always, and it is hereby fully understood and declared by this convention, that if the sontherly bend or extreme of Lake Michigan should extend so far south that a line drawn dne east from it should not intersect Lake Erie, or if it should intersect the Lake Erie east of the mouth of the Miami river of the lake, then and in that case, with the assent of congress of the United States, the northern boundary of this state shall be established 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 month of the Great Miami river aforesaid : thence northeast to the territorial line, and by the said territorial line to the Pemi- sylvania line.
The reader must be patient in looking over the relation of these old " field notes," for he will not understand this boundary question with- out them.
When congress, on the 19th of February, 1803, admitted Ohio into the Union, nothing was said about the northern boundary. On the 11th of January, 1805, congress created the territory of Michigan, and defined her boundaries as follows:
All that part of Indiana territory which lies north of a line drawn east from the sontherly bend of Lake Michigan, and until it shall intersect Lake Erie and east of a line drawn from said sontherly bend through the middle of said lake to its northern extremity, and thence due north to the northern extremity of the United States.
Substantially reaffirming the original boundary contained in the act authorizing the territory of Ohio to form a state government.
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Michigan then also extended her laws to this, its southern boundary line.
The whole question, therefore, was to ascertain the exact line drawn east through the southern bend of Lake Michigan. To accomplish this the geographical line in north latitude, minutes and seconds, had to be established with positive certainty.
The line the authorities were then talking about was designated on the maps as the " Fulton line," which intersects Lake Erie east of the mouth of the Maumee river, and meets the proviso of the Ohio consti- tution.
It was then ascertained that this east and west line would not inter- sect the territorial line between the United States and Canada, but cut across the counties of Cuyahoga, Geauga and Ashtabula. The line, therefore, given by congress to Ohio, was an impossible line, owing to a want of knowledge of the geographical position of Lake Michigan at the time congress passed the enabling act.
When the authorities of Ohio ascertained the uncertainty of the northern boundary, they applied to congress for a survey of the line in conformity with the proviso in the constitution of Ohio.
In 1812 congress passed a resolution directing the commissioner of the general land office, to cause it to be surveyed, but the war with Great Britain and their northwestern savage allies, prevented it, and the line was not run until the year 1817, when one William Harris, under direction from the general land office, ran the line, and it was afterwards known as the " Harris line."
This survey was reported from the general land office to the executive of Ohio, and ratified by the general assembly of Ohio January 29th, 1818.
Applications were then made by Ohio to congress to ratify the Harris line as the northern boundary of Ohio very frequently, but without success, until the events of 1835, so memorable in the conflicts between Ohio and the territory of Michigan.
This disputed territory is valuable for its rich and productive farming lands, and the possession of the harbor on the Maumee river, where the young and flourishing city of Toledo sits in her proud majesty to control things.
This strip of land is five miles wide at the west end, and eight miles at the east end. The line was fixed before any other territory was organized and affected by it.
Toledo had many names. It was then Swan Creek; afterwards Port Lawrence, then Vistule, now Toledo. The early settlers were satisfied to be in the territory of Michigan.
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In 1835 the people, who had settled in the Maumee country, became clamorous for the extension of the Ohio canal from Piqua north, and Toledo was made the point of terminus of the canal. Then the Toledo people saw the point and came to the conclusion that they lived in the wrong state; that it would be to their interest to be Buckeyes. The canal changed their allegiance. Now Governor Lucas was urged to extend the laws of Ohio over this territory in question. On the 23d 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 Fulton line was the south line and the Harris line the north line of this disputed tract, and Michigan had hitherto extended her terri- torial jurisdiction to the Fulton line as the southern boundary of Michigan. Wood county had, however, previously levied taxes up to the Harris line, but the people refused to pay them and that ended it.
The possession of the harbor at the mouth of Swan creek was then made the burning point, and the talk about " legal rights " was the order of the day.
There is no room here for speculation as to what would have been the result had Michigan succeeded. The only object in speaking at length on this subject, now almost forgotten, is to preserve the facts from the tooth of time as long as possible as a point in the history of Ohio, and in which Seneca county took a very active part.
We can read and talk about those scenes and times without getting excited now, but Ohio was then in her boyhood and Michigan growing up to be a "big wolverine " sometime. Stevens T. Mason, the gov- ernor of Michigan territory, was a very young man but as spunky as a rat, and felt himself well protected by his guardian, "Uncle Sam," in his territorial jurisdiction.
This law of Ohio, above mentioned, also authorized the governor to appoint three commissioners to re-mark the Harris line. Uri Seely, of Geauga, Jonathan Taylor, of Licking, and John Patterson of Adams, were appointed such commissioners, and April 1, 1835, named for the work to commence. Mr. Mason sent a special message to the legisla- tive council of Michigan apprising them of the act of Ohio and advised proceedings to counteract the same.
On the 12th of February, 1835, the territorial legislature of Michigan passed an act to fine and imprison any person who should undertake to exercise any legal authority in her border, except under the laws of the territory, etc.
Now the people within this disputed territory became alarmed, and
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they were at a loss to know which of the two jurisdictions they had better belong to. They wrote numerous letters to the governors of both jurisdictions, explaining their dangers and their troubles, etc.
Among the most distinguished men who looked to Governor Mason for help. were J. V. D. Sutphen, Coleman J. Kuler, Cyrus Fisher and Samuel Hemmenway, and those that wanted to be Ohioans counted among their number Andrew Palmer, Stephen B. Comstock, Mayor Stickney, Willard Daniels, George Mckay and Dr. Naman Goodsell.
Governor Mason wrote to General 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 Michi- gan is inevitable, and will therefore be prepared to meet the crisis. The governor of Ohio has just issued a proclamation, but I have neither received it nor been able to learn its tendency. I shall send you such arms as may be necessary for your successful operation without waiting for an order from the secretary of war as soon as Ohio is properly in the field. Till then, I am compelled to await the direction of the war department. ·
Yours. etc., STEVENS T. MASON.
GENERAL JOS. W. BROWN.
On the 3ist 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 law of the 23d of February previous.
General John Bell, in command of the 17th division Ohio militia, embracing the disputed territory, arrived about the same time with his staff, and mustered into the service some 600 men, fully armed and equipped. On his way to Perrysburg, Governor Lucas, with his staff, stopped all night in Fort Ball, at Smith's hotel. They made a very formidable appearance and when General H. C. Brish met them, there was a show of military etiquette, the like of which Seneca county never experienced before. From here the troops fiom Seneca followed Gov- ernor Lucas and met. General Bell at Lower Sandusky, from whence they took the line of march for Perrysburg.
The Ohio army went into camp at Fort Miami. Governor Mason, with General Brown, arrived at Toledo with about 1,200 men at the same time. Governor Mason had his staff with him also. Thus the two armies, ready for the fray, waited for the word, and the country was wild with excitement.
Lewis Cass said well in a letter to Edward Tiffin, under date of
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November 1, 1817: "A disputed jurisdiction is one of the greatest evils that can happen to a country."
Governor Lucas had made up his mind to take the risk and send General Bell with his force. to Toledo as soon as he could get ready but before they were ready to start, two eminent citizens, Hon. Richard Rusk, of Philadelphia, and Colonel Howard, of Baltimore, arrived from Washington as commissioners from the president of the United States, to use their personal influence to stop all warlike demonstra- tions. Hon. Elisha Whittlesey, of Ohio, accompanied the commis- sioners as a voluntary peacemaker. These gentlemen remonstrated with Governor Lucas and reminded him of the fatal consequences that might follow, etc. They urged patience and to wait for a peace- able settlement of the matter by congress.
These commissioners then also visited Governor Brown and urged him to abstain from violence and bloodshed until congress could act in the premises, and finally, on the 7th of April, they submitted to both governors the following proposition, to-wit:
Ist. That the Harris line should be run and re-marked pursuant to the act of the last session of the legislature of Ohio, without interruption.
2d. 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 government, obeying the one jurisdiction or the other, as they may prefer, withont molestation from the authorities of Ohio or Michi- gan until the close of the next session of congress.
Governor Mason refused to accede to this proposition. Governor Lucas consented and discharged the troops. Governor Mason par- tially followed suit, and that reluctantly, but kept up preparations for any emergency.
Governor Lucas now thought he could run and re-mark the Harris line without any molestation from the authorities of Michigan, and ordered the commissioners to proceed with the work.
S. Dodge, an engineer on the Ohio canal, had been engaged as sur- veyor to run the line. He addressed a letter to Samuel Forrer, one of the canal commissioners of Ohio, dated Maumee, April 11, 1835, in which he said, among other things, that Messrs. Rush and Howard had assured them that no resistance should be made to the survey, but that trouble was brewing, and Ohio could not run the line without a strong military force. That it would become necessary to have an extra ses- sion of the Ohio legislature to make appropriations, etc. Then he goes on and says:
We shall shart to-morrow for the northwest corner of the state, and the next time you hear from me I shall probably inform you that I am at Mon-
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roe, the headquarters of General Brown. General Brown was yesterday at Toledo, at the head of the sheriff's posse of 100 armed men. They came for the purpose of arresting those who had accepte' office under the state of Ohio. He informed me that any attempt to run the line would be resisted by the whole force of the territory; that they had 300 men under arms at Monroe and 600 more would soon be there; that they had 1,500 stand of arms taken from the United States arsenal at White Pigeon: that they did not mean to be rode rough shod by Ohio. It was replied that Ohio had not as yet put on her rough shoes, and would not, unless they made it necessary, and that the line would certainly he run. The governor of Ohio started yes- terday (8th inst.) for Defiance, and is entirely unprepared to meet the force of Michigan. What course he will pursue I do not know. Our party con- sists of fifteen or twenty unarmed men, and if we proceed we shall certainly be made prisoners, there not being a sufficient number to prevent surprise. I think the expedition will be delayed. The state of Ohio is affording no protection to the people on the disputed territory, further than through the civil authorities. And those who have accepted office have been obliged to retreat. The governor has power to call out the militia, but has no funds to sustain them. Yours truly, S. DODGE.
President Jackson applied to the attorney general, Benjamin F. Butler, of New York, for his opinion in the premises, who replied, say- ing that the mere running of the line was no cause for hostilities, but that suit might be brought against the commissioners in the courts of the territory.
The commissioners commenced running the line from the northwest corner of the state. General Brown's scouts watched them. When the surveying party got into Lenawee county, the under sheriff, with his posse, appeared on the ground to arrest them, but the commis- sioners and surveyors escaped and got to free Ohio soil. They reached Perrysburg next day with their clothes badly torn and hungry.
Governor Lucas reported the facts to the president. General Jack- son caused a copy of the report to be sent to Governor Mason, with a request to have Mason send his statement also. Thereupon Governor Mason applied to General Brown for information. General Brown, on the 17th of June, 1835, writes from Tecumach to Governor Mason, stating all he did and naming those that had been arrested and refuting the idea that the commissioners had been fired upon.
The news of the breaking up of the surveying party spread through Ohio like wild-fire, and Governor Mason's course was generally con- demned.
Governor Lucas finding it impracticable to run the line, called an extra session of the legislature for the 8th of June. That body passed an act "to prevent the forcible abduction of the citizens of Ohio," and to punish the offenders with imprisonment in the penitentiary. Another
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act was passed creating the new county of Lucas from the north part of Wood county, embracing the disputed territory north of Wood and a portion of the northwest of Sandusky county. It directed a court of common pleas to be held at any convenient house in Toledo on the first Monday of September next.
There was also another act passed at this session, accepting the proposition made by the above named commissioners of the United States; $300,000 were appropriated to carry the law into effect and paying troops, etc. The division commanders were called upon to re- port the number of troops in each division that would volunteer to sus- tain the governor in enforcing the laws in the disputed territory. Fifteen out of seventeen divisions in the state reported 10,000 men ready to volunteer, and 2,000 men were estimated that would volunteer in the two divisions that did not report. The Michigan authorities became more violent in their prosecutions of Ohioans Major Stickney, George Mckay, Judge Wilson, and many others were arrested and taken to Monroe jail. When Major Stickney was arrested he refused to go. They put him on a horse and held him on it, while a third man led the horse. They tied the Major's legs together under the horse to secure him. In the attempt to arrest T. Stickney, a son of the Major, he took out his pen-knife and stabbed one of the men in the left side, and made his escape.
The stabbing of Wood by T. Stickney was reported to General Jackson, who became very indignant over the affair, and Governor Lucas, anticipating the danger of being put into an unfavorable light at Washington, sent Messrs. N. H. Swayne, William Allen and David T. Disney to Washington, to confer with the president on the subject of the boundary. These gentlemen made a full and fair statement of the whole trouble in writing to the Hon. John Forsyth, secretary of state, July Ist, 1835. The secretary answered on the 3d of July very fully, giving General Jackson's views of the question, and promising to cause an earnest recommendation to be sent to the authorities in Michigan, that no obstructions shall be interposed to the re-marking of the Harris line: that all arrests under the territorial act shall cease until after the meeting of the next congress, and all questions about the disputed lines to be avoided, etc.
Judge Higgins, the president judge of the Maumee judicial circuit, in a letter addressed to Governor Lucas on the 20th of July, expressed great fears of trouble ensuing if he should attempt to hold court in Toledo under the law.
On the 29th of July Governor Lucas wrote to Messrs. Patterson, 28
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Taylor and Seely, the commissioners to re-run the Harris line, inform- ing them of the promise of the president, and advised the commence- ment of the work on the Ist of September, at a point where they left off. He informed them that he had sent two hundred and twenty-five rifles and sixty-one muskets and equipments to Port Miami, and would send more soon, to protect them in their work; that these arms would be placed under the control of the court, etc.
The authorities of Michigan disregarded all these arrangements, and kept on making arrests. On the 29th of August, Secretary Forsyth wrote to Governor Mason that he was superseded, and that Mr. Charles Shaler, of Pennsylvania, was appointed secretary of the territory of Michigan as his successor, etc.
On the same day Secretary Forsyth also addressed a letter to Gov. ernor Lucas, transmitting copies of letters written that day to Governor Mason and Mr. Shaler, expressing a hope that no further attempt would be made by Ohio to exercise jurisdiction in the disputed territory until congress could act on the question, etc.
These letters from Secretary Forsyth had the desired effect. The good sense of Governor Lucas had already shown him the danger of getting into conflict with the United States, who would naturally stand by and protect a territory in its legal rights, and he modified his course very materially.
But the question whether to hold a court in the new county on the 7th of September, was still to be decided. Adjutant-General Samuel C. Andrews was sent by Governor Lucas to Lucas county to consult with the judge and other officers, who directed Colonel Van Fleet to call out his regiment to act as a posse to the sheriff for the protection of the court. Andrew Coffinberry, and old and experienced lawyer, was engaged by the governor to act as an assistant prosecuting attor- ney. Colonel Van Fleet promptly obeyed the call and ordered his regiment to rendezvous
Generals Andrews and Bell stopped at a hotel in Toledo, demeaning themselves as private citizens. On Sunday afternoon the sheriff and attendants met at Miami to proceed together the next morning under escort of Colonel Van Fleet's regiment, to hold the court at Toledo. Colonel Van Fleet had 100 men on the ground, which was considered sufficient to disperse any mob that might offer resistance. In the even- ing one of the Colonel's scouts came in and reported that General Brown had just arrived at Toledo with a large military force to prevent the holding of the court.
The judges were confounded with fear at learning these facts. Judge
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Higgins and Count Coffinberry were not present. Consultation lasted a long time. The associate judges hesitated. Some were for giving up and holding no court. Finally it was agreed to leave the matter to Colonel Van Fleet, who had not said a word, but walked up and down the line with sword in hand, in front of his men and within hearing of the judges. The Colonel had his plan arranged. He turned to the judges, and with a determined military look and bearing, exclaimed: " If you are women, go home; if you are men, do your duty as judges of the court; I will do mine. If you leave the matter entirely with me, I will be responsible for your safety, and insure the accomplishment of our object; but if otherwise, I can give you no assurance."
This settled the discussion. The honor and safety of the court, " the peace and dignity of the state of Ohio," were placed in his keeping. The Colonel told his men that he was about to undertake a hazardous expedition, and wanted the services of twenty of the best men of the regiment to go with him, and the balance to remain in camp ready for orders. Those that were willing to go with him were ordered four paces to the front. At the word, thirty advanced, and out of that number twenty were selected. He had only twenty horses. Captain Jones, who was left in command of the camp, was ordered to be prepared to execute any orders he might receive. He told the judges that "the 7th of September commenced immediately after midnight, and the law specified no hour when court should be opened. If we furnish Gov- ernor Lucas the record that court was opened according to law, he can show to the world that he has executed the laws of Ohio over the dis- puted territory. Be prepared to mount your horses to start for Toledo at precisely one o'clock A. M. I will be ready with an escort to pro- tect you."
At the hour named all were in their saddles. Each soldier had a rifle, in addition to his two cavalry pistols. They reached Toledo about three o'clock in the morning, and went to a school house that stood near where Washington street crosses the canal, and opened court in due form of law. Junius Flagg acted as sheriff. The proceedings were hastily written on loose pieces of paper and deposited into the clerk's hat. When the court adjourned all went to the tavern kept by Munson H. Daniels, near where the American House now stands, registered their names, took a drink all around, and while filling their glasses for a second drink, some wag ran in and said a force of wolverines were approaching. They dropped their glasses, sprang on their horses, and hastened away, leaving the bill unpaid. When they arrived on the top of the hill near where the Oliver House now stands, they came to a halt
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and faced about. It was then discovered that the clerk had lost his hat containing the court journal. It was one of those high, bell-crown hats, then fashionable, and had capacity sufficient to hold a great many papers. Having succeeded in holding the court so well, and then losing the papers, was indeed too provoking, and to have them fall into the hands of the enemy was still worse. They fully believed that they were pursued, yet to lose the papers, was enough to arouse the courage of any soldier. Colonel Van Fleet's courage had not forsaken him. With him to will was to do. He ordered the clerk to dismount, and with two of the guards, to feel his way back carefully in search of the papers, while the balance would keep watch to cover the retreat. He cautioned them to make no noise, and if discovered, to conceal themselves. The hat was found with the papers. The party reported no enemy in sight. The state of Ohio had triumphed, The record was made up from the papers, and signed, " J. H. Jerome, associate judge."
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