History of the city of Toledo and Lucas County, Ohio, Part 54

Author: Waggoner, Clark, 1820-1903
Publication date: 1888
Publisher: New York and Toledo : Munsell & Company
Number of Pages: 1408

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To the address of Willard V. Way, Esq., of Perrysburg, delivered before the River Raisin (Michigan) Historical Society in 1867, the writer is indebted for many valuable facts in this connection. He gives an amusing account of the recruiting of Captain Scott's Company, as follows :

It so happened that at the time of Governor Lucas's arrival and demand for military support, Judge David Higgins was hokling Court at Perrysburg. Captain Scott had employed a vigorous drummer, named Odle, for the purpose of awakening the requisite spirit of patriotism among the men of the place. Ac- companied by a man carrying the National flag, Odle marched up and down the street, beating his drum with incessant vigor. On his ronte was the Court- house, and Judge Higgins finally became so far an- noyed by the noise, that he ordered the Sheriff to stop it. That officer went to Odle, and told him of the order of the Court, when the drummer replied, that he was under orders and pay from Captain Scott to " drum for recruits for the War"-that he considered it to be his duty to obey the military authority, and he should not stop until he became assured that "the Court had more authority than had Captain Scott," meantime not slacking his beating. The Sheriff made report, when Judge Higgins ordered the Sheriff to

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arrest Odle for contempt and summon Captain Scott. Both of them soon appeared. when the Captain in- formed the Court that Odle was beating the drum under his orders, he (Captain Seott) having received orders from Colonel Vanfleet to employ music in re- eruiting. He further stated that Governor Lucas, who was then stopping at Spafford's Exchange, had sanctioned such action, and he should continue the music until ordered to the contrary by Colonel Van- fleet or the Governor. Judge Iliggins, not satisfied with this explanation, directed the Sheriff to take both Captain Seott and Odle to jail; and the Prosecu- ting Attorney to prepare papers against them for con- tempt. The Sheriff (Jonas Pratt) accompanied his prisoners down stairs, on the way to the log-jail in rear of the Court-house. On reaching the ground, Captain Scott informed the Sheriff that " the interests of the State could not be sacrificed to gratify the as- sumed authority of Judge Higgins "-that "in the emergency of War, with the State invaded by an en- emy, the military authority was paramount to civil authority -- that though he regretted to disturb the pro- reedings of the Court, he could not consent to the en- foreement of its order in his ease." He then gave the Sheriff to understand that if he insisted on taking them to jail, he would " declare martial law, and do with him and Judge Higgins as General Jackson did with Judge Hall at New Orleans-put both under ar- rest." These proceedings exeited the deepest feeling among the bystanders, who sympathized with the prisoners. The Sheriff at once reported progress to the Court, but the Judge made no reply, but con- tinued the ease in hand. Odle at onee renewed his drumming, and not long thereafter Judge Higgins sent to Captain Seott a request that the drummer re- move to some other street, where he would not inter- fere with the Court. The effect of these proceedings was greatly to promote the enlistment of recruits, as well as the personal popularity of Capt. Scott, whose Company was very soon made up. The Captain is now (1887) a resident of Ann Arbor, Michigan.

Governor Mason, with General Brown, reached Toledo with a force varionsly estima- ted at from 800 to 1,200, about the time Gover- nor Lucas appeared at Perrysburg, and there awaited a movement from the enemy. General Brown's staff consisted of Captain Henry Smith, of Monroe, Inspector ; Major J. J. Ullman, of Constantine, Quartermaster ; Wm. E. Board- man, of Detroit, and Alpheus Felch, of Monroe (afterward Governor of Michigan), as Aides- de-Camp. Thus were the two Commanders-in- Chief brought almost face to face in hostile ar- ray. The condition of excitement throughout the entire region was most intense. The active partisans of the antagonists were daily growing more belligerent and threatening, while others stood appalled with a sense of im- pending bloodshed.

In support of the Michigan claim in the boundary question, it has been alleged, or it was at the time, that the residents of the dis- puted territory were substantially unanimous against Ohio. Andrew Palmer states that in a conversation between himself and Lucius Lyon, then the Delegate in Congress from Michigan, which occurred in October, 1834, the latter gentleman said it was understood that such was the sentiment of the people referred to, who wished to remain under the jurisdiction

of Michigan. Mr. Palmer assured Mr. Lyon that he was mistaken on that point, and pledged himself to justify such view by an expression of the people in question at the following ses- sion of Congress. In pursuance of such pledge, Mr. Palmer called a meeting of citizens at the house of W. P. Daniels, Toledo, for November 1, 1834. This meeting was held, Henry Phil- lips acting as Chairman, and George Me Kay as Secretary. Mr. Palmer stated the understand- ing of Mr. Lyon, and presented his own views, when resolutions were unanimously adopted strongly favoring the claims of Ohio. A Com- mittee (of which Mr. Palmer was the Chair- man) was appointed to prepare a memorial to Congress, to be reported at an adjourned meet- ing. At the second meeting the memorial was submitted, unanimously adopted, signed by those present, and afterwards circulated throughout the disputed territory, receiving with rare exceptions, the names of all persons who could be reached. That paper was for- warded to the Ohio members, by whom it was presented to Congress. Mr. Paliner states that a second expression of views by residents of the same territory was made at a meeting held February 28, 1835, at the house of S. L. and M. L. Collins, Tremainesville. This occasion was invested with special interest by the unin- vited presence of what was known as an " Ex- postulating Committee," consisting of civil and military officers sent from Monroe, whose chief mission consisted of reading to the meeting of- ficial orders from Governor Mason to General J. W. Brown, under date of February 19, 1835, stating the purpose of the Governor to en- force, by military power if necessary, the juris- diction of Michigan over the disputed district, and especially to arrest and punish all persons who should attempt to exercise therein official authority of the State of Ohio. Itappears that the meeting, which consisted of 300 citizens, by resolution refused Governor Mason's " Com- mittee " of officials a hearing, which action was regarded as special discourtesy to the Michigan authorities. In their report the visitors ex- pressed their " firm conviction that a large por- tion of the inhabitants on the disputed ground were fully prepared and determined to resist further operation of Michigan authority in the district," and on that ground, they thought the time had come for vigorous means for enforcing such authority there. These facts seem to show pretty clearly, that the sentiment of the distriet was overwhelmingly for Ohio. Had Governor Mason believed that the opposite feeling prevailed there, he would have left the citizens to an expression of their views, with- out sending an "Expostulating Committee " of' officials, to intimidate them with threats of military force and imprisonment.

Another meeting was held April 10, 1835, at the house of J. Baron Davis, in Toledo, to take into consideration steps for the protection of

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citizens from lawless aggression and violence. After discussion, it was resolved, to " appoint a Committee to wait upon Governor Lucas and ascertain how far the citizens of this Town may rely upon the protection of the State, in defend- ing their rights, and to consult and concert such measures as may be proper and expe- dient." It was further resolved, that such Committee consist of such officers, as, under the penal enactments of Michigan, had rendered themselves liable to the laws of that Territory. Of this meeting John Baldwin was Chairman, and Baxter Bowman Secretary. Throughout the Spring and Summer Toledo was the center for incessant excitement, greatly stimulated by frequent incursions of Michigan officers in pur- suit of citizens holding office under Ohio authority or otherwise recognizing the same. Arrests made were almost wholly of Ohio ad- herents. Attempts were made by Wood County officers to capture adherents of Michi- gan, but in some way they got information of such purpose and kept out of sight. Major Stickney, Judge Wilson, George Mckay and other active partisans of Ohio were taken to Monroe, the particulars of some of which cases were more ludicrous than serions. Thus, Major Stickney, when arrested, resisted fiercely, being actively assisted by his family, until over- powered.

The following letter from Major B. F. Stick- ney to the Editor of the Toledo Gazette, states the facts of this visitation from Monroe :

MAUMEE, April 13, 1835.

MR. J. IRVINE BROWNE: To satisfy at once the numerous inquiries in relation to the outrages com- mitted under the anthority of the Territory of Michi- gan against the people of Toledo, I make this com- munication. On the night of the 8th instant, being absent from my residence in Toledo about 30 miles- feeling the utmost security for the safety of my family-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 band 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. But when I arrived at the scene of action, and the females showed me their wounds and related the tale of their sufferings, and I examined the demolished door of my house, bearing evidence of inhuman malignity, it became a question whether moderation was longer a virtue. When my daughter gave out the cry of "murder," she was seized by the throat and shaken with monstrous vio- lence, 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 apartment of another gentleman (Mr.George MeKay), burst in the door, seizing him in bed ; and as the first salutation, one of the villains attempted to gouge out one of his eyes with a thumb. These gentlemen report that the intention of the gang was put in requisition to put their lives in danger, and by

their indignities to keep their feelings on the rack. 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 IIth, they arrived in force, about 200 strong, armed with mus- kets 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 prepared for defense, and retired, giving them full space for the display of their gas- conading, 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 (one of the first Commissioners of Lucas County), 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 pious 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 house, 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 dis- puted territory. The miraculous part of the story had a very slight foundation, in the fact, that Mr. Hol- loway'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.

A letter from one of the Ohio Commissioners to run the boundary line, and dated at Defi- ance, April 16, 1835, contained the following :

Our party are in motion. The advance have gone on to reconnoitre and bring news. Our baggage- wagons came up to this place this morning. The bad state of the roads impedes our progress very much, but the business is being pushed as fast as possible, and we shall be on the line in a day or two.

The outrages committed on Toledoans by General Brown's troops are unparalleled in civil communi- ties. Honses have been broken open in the night time, our citizens carried off, and women abused. The Commissioners running the line are threatened with outrage. Women are dragged off on false pretenses to Monroe by their Sheriff, &c. In view of all this, the Governor has issued his orders to Major-General John Bell, to raise an armed force of 500 men forth- with; and General Bell left this morning for that purpose. Prompt and efficient measures will be pur- sued until this question is settled. Ohio is right and cannot retract. I am for Ohio against the field. The Governor will remain with us until this business assumes a different aspect. The United States Com- missioners, now at Monroe, dispatched a message to Washington City a few days since, we suppose to in- form the President of the course pursued by Governor Mason. This Governor Mason has disregarded the positive instructions he received from Washington, which were in no case to resort to arms.

This condition of mixture was not confined to the disputed territory. The Toledo Gazette of March 12, 1835, had an editorial article strongly criticising the Perrysburg paper (the Miami of the Lake, J. H. McBride, publisher), for its alleged disloyalty io Ohio. It was stated that the Perrysburg editor " went so far in his Toryism as to exclude from his paper the

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action of the Ohio Legislature, on the question of boundary, in order to make room for the blustering and threatening military orders full- minated against Ohio by the Acting Governor and military chiefs of Michigan!" The Gia- sette then said :

We have heard it asserted, that the citizens of Perrysburg were willing to sacrifice the interests of Ohio-by whose public improvement, if their Village ever becomes important, it must be built up- to pro- mote their own interests; but we did not suppose that their print would put at defiance the public authorities and the public sentiment of the State, just before the location of the Canal. But if the re- spectable citizens of that place do intend to resist Michigan in her contest with Ohio, it is but fair that the newspaper which they support should show their flag, in order that the true-hearted sons of Ohio may know, as well who are traitors within their bosom as who are their opponents beyond their borders.

Governor Lucas having undertaken the per- formance of definite action in running the line, the onus of initiating the proceedings devolved upon him. It was understood that he was about to order General Bell to march to Toledo, and to take the consequences of such a step, when Richard Rush of Philadelphia, and Colo- nel Howard of Baltimore, arrived, as Special Commissioners from President Jackson, with instructions to use their influence to stay war- like proceedings. Elisha Whittlesey, then a member of Congress from Ohio, accompanied the Commissioners, in the voluntary capacity of peace-maker. These gentlemen had several conferences with the two Governors, the result of which was the submission of the following propositions for their assent, to wit: 1. That the Harris line be re-marked without interrup- tion, in accordance with the act of the Ohio Legislature. 2. That the civil elections under the laws of Ohio having taken place throughout the disputed territory, the people residing upon it should be left to their choice of government, obeying the one jurisdiction or the other, as they might prefer, without molestation from the authorities of Ohio or Michigan until the elose of the next session of Congress. Governor Mason refused to accept these propositions, in- sisting that he could not honorably compromise the rights of his people by a surrender of pos- session of the disputed territory. Governor Lucas finally accepted the plan of adjustment, holding that he was dealing wholly with the National authorities, and not with the irre- sponsible Executive of a Territory, and hence properly could assent to the terms proposed in the President's behalf, whatever might be done by Governor Mason. He then disbanded his military force. Governor Mason did the same to a large extent.

Governor Lucas now proceeded with his ar- rangements for re-marking the Harris line. S. Dodge, an Engineer on the Ohio Canal, was employed for that purpose. From Maumee, April 11, 1835, he wrote Samuel Forrer, one of'

the Ohio Canal Commissioners, as to the situa- tion. He said that it was evident that there would be trouble, in case such attempt be made. lle said :

We shall start to-morrow for the Northwestern cor- ner of the State ; and the next you hear from me, 1 shall probably inform you that 1 am at Monroe, the headquarters of General Brown. He 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 have accepted 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 Ter- ritury-that they had 300 men under arms at Monroe, and 600 more would soon be there-that they have 1,500 stands of arms, taken from the United States arsenal at White Pigeon - that they did not mean to be rode over, rough shod, by Ohio. I told him the line would certainly be run. The Governor of Ohio started on the Sth for Defiance, and is entirely unpre- pared to meet the forces of Michigan. Our party consists of 15 or 20 unarmed men ; and if we proceed we shall certainly be made prisoners, there not being a sufficient number to prevent surprise. I think the survey will be delayed.

The legal status of the case was referred by the President to Attorney-General Butler, who gave as his opinion, that the action of Ohio, in extending its jurisdiction North of the boun- dary (Fulton) line of Michigan, as established by Congress in 1805, was in violation of the laws of the United States ; but that the mere act of re-marking the Harris line, would not be such violation. At the same time he decided that the act of the Michigan Council, prohibit- ing with penalty the exercise of authority North of the Fulton line, was valid and would remain so until annulled by Congress.

Under such state of facts, the Ohio Commis- sioners proceeded with the survey, beginning at the Northwest corner of the State. From Perrysburg, May Ist, they made their first and only report to Governor Lucas, in which they stated, that in pursuance of instructions, they had proceeded to the Northwest corner of the State, whence they moved Eastwardly along the Harris line, and re-marked the same, as di- rected, to the distance of 382 miles, or more than half its length. During their progress, they were constantly threatened by Michigan anthorities and watched by spies in their em- ploy. On Saturday, April 25th, after a hard day's service, they, with their party, retired one mile South of the line in Henry County, " to en- joy the blessings of the Sabbath." Contrary to their expectations, at about 12 o'clock of that day, an armed force of 50 or 60 men hove in sight, within musket shot, all mounted, and well armed with muskets, and under command of General Brown. Observing the superiority in force, and having but five armed men in their party, the Commissioners thought it best to retire, and so advised their men. They made good their retreat to Perrys- burg. " But, sir," says the report, " we are under the painful necessity of relating that

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nine of our men, who did not leave the ground in time, after being fired upon, from 30 to 50 shots, were taken prisoners, and carried away into the interior of the country." They were Colonels Hawkins, Scott and Gould; Major Rice, Capt. Biggerstaff, and Messrs. Ellsworth, Fletcher, Moale and Riekets. They state that their party did not fire a gun in return, and that no one was wounded, although a ball passed through the clothing of one of their men. " Under existing circumstances and in the threatening attitude of affairs," the Com- missioners " thought it prudent for the interest of the State, as also for the safety of her citi- zens, and to prevent threatened bloodshed, to withdraw from the line, and suspend further proscention of the work until some efficient preparatory measures can be taken which will insure the completion of the undertaking."

This report having been sent to the Governor and by him to the President, the latter for- warded the same to Governor Mason, who re- quested Under-Sheriff Wm. McNair, the arrest- ing officer, to furnish his statement of the case. This he did, under date of June 17, 1835. He said :

On Saturday, April 25th, I received, as Under- Sheriff of this County, from Mr. Justice C. Hewitt, the within warrant from the affidavit of Mr. Judson. From the best information I could obtain I was satis- fied the warrants could not be served without assist- ance. I therefore mustered about 30 men in the Village of Adrian and armed them with muskets. Early the next morning I started, intending to overtake and arrest the Ohio Commissioners and their party. About noon we came up with them, encamped in a small field (owned by one Phillips), seven miles within our Territory. When I arrived within one-half mile of the Ohio party, I left my assistants under the charge of a Deputy-Sheriff, and accompanied by S. Blanch- ard, Esq., I went forward in order to make the arrest in as peaceable a manner as possible. On arriving at the camp, I enquired for Messrs. Seeley, Taylor and Patterson, the Commissioners, and was told that they had stepped out, and would be in in a few minutes. While I was waiting for my party to come up, and the Commissioners to return, my party came in sight. Colonel Hawkins observed, " Our friends are coming (meaning my escort), and we must be prepared for them." Then eight or ten of the Ohio party armed themselves with rifles and loaded them in my pres- ence. In a few moments my friends came up and 1 found the Commissioners had gone-not to return. I then commenced arresting the armed party, consist- ing of Colonels Hawkins, Scott, Gould and Fletcher, and Major Rice, Captain Biggerstaff and Messrs. Ells- worth, Moale and Ricketts. After arresting Colonel Hawkins, who had in his hand a large horseman's pistol and another in his pocket, both loaded, the balance of the party took a position in a log-honse and barricaded the door. When I approached with my party within eight rods of the house, they all came out, except Colonel Fletcher, and as I ap- proached them to make arrest, some of them cocked their rifles and directed me to stand off, for they would not be taken. As I continued to advance upon them, four of the party turned and ran into the woods. A few muskets were then fired over their heads, and a rush made after them. They were pursued about thirty rods in the woods, when they were all arrested. The report of a man having a ball pass through his

clothes, is a mistake. *

* The nine persons ar- rested were brought to Tecumseh, before C. Hewitt, Esq., and they were discharged, for want of sufficient testimony. Six gave bail to appear at the next Cir- cuit Court, and one (Fletcher) refused to give bail, as he says, by direction of Governor Lucas, and is now in custody of the jailor, who permits him to go at large, on his parole of honor. I consider it my duty further to state, that the charge that the Ohio officers were arrested by a military party under General Brown, is not true. He accompanied me as a citizen of Michigan without official position, and the whole movement was merely a civil operation under the Sheriff of the County, to sustain the laws of Michigan. There has been no call on the military of Michigan to my knowledge, connected with the Ohio transac- tion. And I am happy also to inform your Excel- leney, that the Commissioners made good time on foot, through the Cottonwood Swamp, and arrived at Perrysburg the next morning, with nothing more se- rious than the loss of hats and clothing, like Gover- nor Marcy's breeches without the " patch."

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History of the city of Toledo and Lucas County, Ohio, Part 54

Author: Waggoner, Clark, 1820-1903 Publication date: 1888 Publisher: New York and Toledo : Munsell & Company Number of Pages: 1408

Author: Waggoner, Clark, 1820-1903
Publication date: 1888
Publisher: New York and Toledo : Munsell & Company
Number of Pages: 1408