History of the city of Toledo and Lucas County, Ohio, Part 55

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

USA > Ohio > Lucas County > Toledo > History of the city of Toledo and Lucas County, Ohio > Part 55

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The Miami of the Lake (Perrysburg), of April 27, 1835, had the following in regard to the affair on the border :

General Taylor arrived this morning from the dis- puted territory, with the intelligence that an attack had actually been made by the Michigan troops upon the Ohio Commissioners while upon the line. The facts, as near as we can learn, are these : On the 26th instant (Sunday). while the Commissioners were en- camped upon the line, which they had the day pre- vious been running, a party of the Michigan troops appeared in sight, when the Commissioners left their encampment and fled, but heard six or eight ritle- shots exchanged between the guard accompanying the Commissioners and the Michigan troops. Gov- ernor Lucas has dispatched a Surgeon and Assistant to the scene of action, to take care of the wounded, in case there be any, and the result of the engagement will probably be known before this paper goes to press. The scene of the action is about 30 miles from this place, and 10 or 15 miles Southwest from Adrian, Michigan.

In the same issue, and under date of April 28th, is this later statement :

Another messenger has reached us, announcing the capture of a portion of the guards who accom- panied the Ohio Commissioners while engaged in running line. The last intelligence has dissipated the idea of blood having been spilled. The capture, we learn, was accomplished without much resist- ance, and but one slight wound, in the arm. The number reported taken is eight. We are happy in being able to say, that so far the War has been a bloodless one ; but we now fear it will end in a bloody and cruel conflict. We have been, from the begin- ning, laboring to preserve the public mind free from excitement or passion, and have, up to the present moment, entertained the opinion that the difficulty would be arranged without foreing our honest and industrious citizens to shed each other's blood ; but we now acknowledge that we can have little hope for the rule of reason, in case our populace be actuated by the same degree of heated blood as some of our rulers.

Messrs. Seely and Patterson (Ohio Commis- sioners), while the above transactions were being en- acted, remained in the forest unobserved, until the Michigan forces retired ; upon which some of their friends brought them their horses, and they made their way to this place, where they now are, awaiting further orders from the Governor. The greater por-

299

OHIO AND MICIIIGAN BOUNDARY.

tion of the above particulars we receive from Mr. Seely, in whose statements the fullest reliance may be placed. The Sandusky County Light Horse troops have returned, and we believe hostilities have erased for the present-awaiting an expected express from the General Government. This report we are inclined to believe, and shall rejoice at its confirma- tion, as matters here begin to wear an imposing aspect.

In a letter, dated Tecumseh Jail, May 5th, Mr. J. E. Fletcher wrote Governor Lucas, setting forth the cir- enmstanees of his arrest and imprisonment, as one of the surveying party. He speaks of being well treated, and attributes the same to the interposition of Gov- ernor Mason and General Brown -chietly the latter. Mr. Fletcher was the one referred to by Sheriff Me- Nair, as refusing to accept bail. He dined with the Governor at General Brown's, when both urged him to accept bail. His reply was, that the right to demand bail, was the one question at issue. Governor Mason expressed himself as very anxious that the difficulties might be settled without further hostilities, to which suggestion General Brown made no response, Mr. Fletcher attributing the fact to a desire on the General's part to have the contest go, in order that he might therein gain distinction. At one time, the Sheriff expressed regret that the Ohio party were fired upon, when General Brown replied that " it was the best thing that was done; that he did not hesitate to say, that he gave the order to fire." The Sheriff confessed to having acted under Brown's directions. Governor Mason expressed his determination to prevent the running of the line, at all hazards. He said, that in case of an emergency, he relied for assistance and protection on the Presi- dent.

With the circumstances thus detailed, ended the attempt to survey the Harris line, and left Ohio's case not materially advanced. So view- ing the situation, Governor Lucas convened the Legislature in extra session, June 8, 1835, when was passed an act " to prevent the forci- ble abduction of citizens of Ohio," the object being to counteract the legislation of the Michigan Council. The most important action of that session, however, was the erection of the County of Lucas, from territory taken from the North part of Wood County, with the dis- puted territory North of it, and a portion of the Northwest corner of Sandusky County. The County was attached to the Second Judi. cial Circuit (Judge Higgins presiding), and Toledo made the temporary County-scat. A term of Court of Common Pleas was directed to be held there on the first Monday in Septem- ber following, at any convenient house.

At the same session, the Ohio Legislature passed an act conditionally accepting the proposition made by Commissioners Rush and Howard. After a preamble reciting features of the case, the law provided-1st, that the Governor be requested to comply with the terms of the arrangement entered into on the 7th of April, at the suggestion of Messrs. Rush and Howard ; and if the terms of such agree- ment shall be faithfully regarded by the United States, and all proceedings of the Michigan authorities against citizens of Ohio be annulled, then the laws of Ohio inconsistent with such

arrangement with Rush and Howard, should be suspended until the close of the next session of Congress. But should the United States, meantime, or any authorities acting under the United States, do anything inconsistent with said arrangement, or the criminal proceedings in Michigan not be annulled, then this act to be void. The Governor was directed, in case the terms of said arrangement should be vio- lated, to issue his proclamation declaring such to be the fact. At that session the sum of $300,000 was appropriated for carrying into effect the measures adopted for enforcing Ohio's claims against the interference by Michigan authorities and citizens. This bill passed the Senate by a vote of 26 yeas, to 7 nays; and the House by a vote of 41 to 26. The bill to erect the County of Lucas passed the House, 11 to 26; and the Senate without a division. The minority in each House preferred to submit the entire question, as it then stood, to the action of Congress. The Legislature adjourned on the 20th of June, after a session of 13 days. There was throughout a division of sentiment as to the policy to be pursued, though not as to the rights of Ohio in the case. The expenses incurred by the session amounted to $6,823.30.

Dr. Naaman Goodsell, under date of May 23, 1835, informed Governor Lucas of his abdu(- tion April 8th, by a Michigan force. He says they appeared at his house about 2 o'clock A. M., demanding admittance, which he refused. They finally forced an entrance; overcame him by force; roughly treated him and his wife ; made him their prisoner, and took him into the woods, where he was mounted on a horse and started for Monroe. He was insolently treated, and made to ride a horse without a bridle. The horse being driven from behind, became fright- ened and ran until the Doctor jumped from him. He was held at Monroe until the next day, and then allowed to return. George Mc- Kay went to Monroc as prisoner at the same time with Dr. Goodsell. MeKay's person had marks of violence, and he was compelled to ride with his feet tied under the horse. One of the arresting party told Dr. Goodsell that he vol- unteered to go to Toledo, to gratify a grudge he had against Mckay.

Dr. Goodsell, in a letter dated Perrysburg, July 19, 1835, reports to Governor Lucas the circumstances of his escape from arrest by the Michigan force of 300 or 400 men. He and George MeKay started together, but being pur- sued, they separated, MeKay having the fastest horse. Dr. Goodsell's horse not warranting such reliance for escape, he dismounted, tied his horse, and " placed his back against a tree, determined to await the assault," but their whole attention being directed to Mckay, he (Goodsell) was enabled to escape, after stand- ing by the tree for an hour. Hle crossed the river in a canoe, remaining there all night. His horse was brought to him next morning,

300

HISTORY OF TOLEDO AND LUCAS COUNTY.

when he made his way to Perrysburg. The Doctor said he should endeavor to remove his family from Toledo, but not to Perrysburg, " as the actions of most of the people there seemed to say, ' We rejoice in your troubles.'" He said the loyal citizens of Toledo were " get- ting discouraged-having no arms, nor succor sent them, which they construed into neglect." He endeavored to cheer them, but it was " ditlienlt to comfort them. The continual harassing, together with the frowns of our neighbors [referring to neighboring Towns], are surely hard things to bear up against." He promised to write again as soon as he found a resting place.

Local affairs at that time continned in a thoroughly mixed state. Thus, we find (1), that the Toledo Gazette was published at " Toledo, Wood County, Ohio;" (2) that in that paper was an administrator's notice of "the estate of John Babcock, late of Toledo, in the County of Monroe;" (3) notice of a writ of attachment issued at Tremainesville, by Baxter Bowman, " a Justice of the Peace of the Terri- tory of Michigan, County of Monroe, Township of Port Lawrence ;" and (4) the notice of Fanny L. Allen, Administratrix of the estate of Seneca Allen, under authority of the Probate Court of " Monroe County, Territory of Michigan." In the same paper (of March 12, 1835), appears the message of Governor Incas to the Ohio Legislature, calling for action in support of that State's claim to this locality, and the reso- Intions of that body claiming such dominion , and also, the proclamation of Governor Mason, setting forth the claim of Michigan to the same, and declaring his purpose to maintain the same at every and any hazard; with the stirring appeal of General Brown, already mentioned. In June, 1835, Governor Lucas sent Noah Il. Swayne, William Allen and David T. Disney, to confer with President Jackson on the subject of the existing troubles. These gentlemen, under date of July 1st, addressed Secretary of State Forsyth, in a letter setting forth the case, as viewed by the Ohio authori- ties. They referred to an interview held with the President, in which they asked that a tem- porary adjustment be had, under which the Harris line might be run without molestation ; and the prosecution of Ohio citizens by Michi- gan authorities be suspended, which request the President favored. The Secretary, in his reply, stated that the President had determined to use his influence toward effecting the arrangement asked by Ohio, in order that matters remain quiet until Congress have time to act.

The only blood shed in this " War " so far authenticated as safely to be made history, attended the attempt of Deputy-Sheriff Joseph Wood, of Monroe County, to arrest Two Stickney, July 15, 1835, the particulars of which event are given in an affidavit made by Lyman Hurd, a Constable of Monroe

County, who accompanied the Deputy-Sheriff to Toledo, for the purpose of arresting George Mckay, a prominent Ohio partisan, and said Stickney. Mr. Ilurd stated that he and Wood went into the hotel of J. Baron Davis, where they found Stickney and Mckay. Hurd at- tempted to arrest Mckay, when he sprang, canght a chair and told Hurd unless he desisted he would split him down. Hurd then saw that Mckay had a dirk in his hand. At the same time Wood made the attempt to arrest Stick- ney, laying his hand on Stickney's shoulder, when a seuffle ensned, during which Stickney drew a dirk and stabbed Wood in the left side, exclaiming, " There, damn you, you have got it now." Wood then let go of Stickney and put his hand on his side and went to the door, saying he was stabbed. A physician* (Dr. Jacob Clark) was then called to examine Wood. When Wood told Stickney he had a precept for him, the latter asked whether it was from Ohio or from Michigan, declaring that he would not be taken on a Michigan writ; but if it was under Ohio he would go. Mr. Hurd says he was advised, for his own safety, to leave the place, which he did without arresting Mckay.

The effect of this transaction was greatly to inflame the passions of the Michigan authori- ties. The Toledo Gazette, in an extra sheet dated July 20th, reported proceedings result- ing from the events above named, as follows :

" We have barely type and materials enough saved from the ontrages we are about to relate, to lay the particulars before the public." The account then goes on to state, that on July 17th, a body of 250 armed men, headed by the Sheriff of Monroe County, Michigan, reached Toledo for the ostensible purpose of serving civil processes upon residents. They bore muskets with bayonets, and after arresting seven or eight persons, including B. F. Stickney and George Mckay, they proceeded to the office of the Gazette and at once began an attack upon the printing press, making their entrance by splitting down the door, which was found locked. Much damage was done to the materials-knocking down the type prepared for the next issue of the paper and throwing it into con-

* In recently speaking of the case referred to, Dr. Clark said he found Wood's pulse scarcely percepti- ble, he being very weak. At first the case seemed precarious, but he soon rallied. The knife had eut an oblique gash about four inches long, but had not penetrated the Inngs. The patient was much aston- ished to learn that he was not mortally injured. Dr. Clark gave directions in the case and left him. But Wood was not satisfied, suspecting that Dr. Clark's Ohio proclivities had made him indifferent to the case. Hence he sent to Monroe for a Surgeon, when Dr. Southard came, examined the wound, and sus- tained all that Dr. Clark had said of the case. At 9 the next morning, Wood started for Monroe. In the treatment of this case, Dr. Clark became the only practical Surgeon on either side of the contest-a po- sition to which his part in the incipiency of the trouble entitled him. Stickney, after stabbing Wood, fled to the interior of Ohio, where he was protected by Governor Lucas, who refused to surrender him on requisition, for the reason that if crime had been committed by Stickney, it was done within the State of Ohio.

301

OHIO AND MICHIGAN BOUNDARY.

fusion-a condition known to Printers as " pi." No resistance could be offered to so large a force, as many residents made odious to the Michigan force by their outspoken expression and free action, bad withdrawn from the Town to avoid arrest. After committing other violence and insulting women, the force with- drew to Monroe with their captives, who were thrown into prison at that place. Acting Governor Mason was said to have been at Monroe at the time of this visitation, and directed the same.

The Gazette understood the orders of the force, as declared by its leaders, to proceed to Toledo, to take as prisoners all who were in any way implicated in denying the jurisdiction of Michigan over Toledo; and in case of seri- ou& resistance, to burn and destroy the Town, and fire upon the first man who undertook to oppose them. The character of the party was said to favor the execution of such plan. The occasion for such proceedings was said to have grown out of a personal difficulty between a stranger named Odell, and a man named Clark from Monroe, in which, as alleged, Clark, act- ing through one Smith, a hotel-keeper and a Justice of the Peace of Michigan appointment, undertook to get possession of Odell's team without paying for it. The-case was such as to excite the citizens of Toledo to steps to prevent such action, and to warn Clark to Icave the Town, and Smith not to again attempt the exer- cise of his office there.

July 20th, Judge Higgins, from Perrysburg, wrote Governor Lucas in regard to the holding of Court at Toledo, in September, under the law erecting the County of Lucas. He said that, while ready to undertake such service, without regard to " personal consequences," he still should " feel acutely, as would every citi- zen of Ohio, the disgrace of capture and abduc- tion by a Michigan mob, of a branch of the Ju- diciary of the State, while actually engaged in the performance of judicial functions." The Judge raised the point, whether or not the con- dition of things would not warrant the Gover- nor in sending to Toledo a force sufficient to protect the Court when it should meet.

July 29th, Governor Lucas wrote the Ohio Commissioners, informing them of the arrange- ment with the President, under which the re- marking of the Harris fine was to be completed, and that the work would commence September 1st. He further advised them that he had sent " 225 rifles and 61 muskets and equipments to Fort Miami (Lucas County), and would send more soon," sufficient for the protection of the civil authorities in that County. They would be placed under control of the Court. He said he would watch proceedings and take measures to protect the Court from insult, and the Commis- sioners while running the line.

Notwithstanding the specific arrangement of July 3d, made between Ohio and President Jackson for the completion of the survey and the suspension of aggressive action by Michi- gan, Acting-Governor Mason disregarded such

agreement, and continued arrests, as already stated. For such reason, Secretary of State Forsyth wrote Governor Mason, stating that his zeal in behalf of Michigan had overcome his prudence, and he had been superseded by the appointment of Charles Shaler of Pennsylvania, as Secretary of the Territory. The same day a letter was sent to Mr. Shaler, notifying him of such appointment, and setting forth the po- sition of the President on the boundary ques- tion. Hle stated that from the first it had been the President's opinion, " that without further legislation by Congress, the country in dispute was to be considered as forming, legally, a part of the Territory of Michigan ; and that the or- dinary and usual jurisdiction over it should be exercised by Michigan. He had never admitted the right set up by Ohio." Further, he said the President had repeatedly and distinctly stated "what his duty would compel him to do, in the event of an attempt on the part of Ohio to sustain her jurisdiction over the disputed territory by force of arms." He had with re- gret and surprise noticed that Governor Mason had assumed that he (the President) had ap- proved the claim of Ohio. "An acknowledg- ment of the right and the temporary arrange- ment to avoid the danger of a hostile col- lision," was, in the President's view, "in no respect inconsistent with the obligations of the constitution and laws." The Sec- retary said the President " had seen with regret, the recent ontrages committed at Tole- do on officers of justice who attempted to exe- ente process under authority of Michigan," and he " recommended that the offenders who re- sisted and wounded a civil officer (Deputy- Sheriff Wood) in the execution of his duty, and had fled from the Territory, should be promptly demanded from the Executive of any State in which they may have taken refuge."

August 29th, Secretary Forsyth also wrote Governor Lucas, enclosing copies of his letters to Governor Mason and Mr. Shaler, and ex- pressing the hope that the spirit shown by the President in those letters would be "met by measures dictated by the same spirit on the part of Governor Lucas. " As it is apparent," said the Secretary, " from the recent present- ment of the grand jury of Wood County, that the inhabitants of Toledo have declined, at present, the jurisdiction of Ohio, the President hopes no attempt will be made now to exercise it within the disputed territory." It was stated that the claim of Ohio having been publicly put forth in the face of the country, the omis- sion to enforce it, while awaiting the action of Congress, " could not be considered as weaken- ing any just foundation on which it might rest."

The action of the Wood County grand jury referred to by Secretary Forsyth, consisted simply in examining witnesses sent before them who testified that individuals had been elected to office in Toledo under the laws of

302

HISTORY OF TOLEDO AND LUCAS COUNTY.

Michigan and performed official duties in dis- regard of the laws of Ohio. Other criminal acts were shown. In view of the fact that To- ledo had been set off as part of the new County of Lucas, whose Court was to meet in Septem- ber, and as the alleged offenses were committed atter the erection of said County, the jury de- clined action in the premises.

August 7, 1835, Adjutant-General S. C. An- drews issued an order to Commandants of Di- visions throughout Ohio, for them to report at once " what numbers of Cavalry and Mounted Riffemen would be willing to march at a mo- ment's warning, to aid in defending our North- ern frontier." The order was of " a confiden- tial character." Previous to such order, spon- taneous offers had been made of men to the number of 2,340, but were not wanted, being chiefly Infantry and Riflemen. In a short time 13 Divisions reported 10,021 as ready to re- spond to a call, of whom 5,835 were mounted men, and 4,186 Infantry and Riflemen. The total offers were 12,361. In several instances, the Commandants were confident the numbers named might readily be greatly increased.

This action on the part of the Ohio anthori- ties, naturally led those of Michigan to coun- ter-action. Thus, the Detroit Free Press of Au- gust 26, 1835, had the following items :

THE OHIO CONTROVERSY .- The Legislative Council yesterday had this subject under consideration. They have made an appropriation of $315,000, to meet any emergency which may arise, and we learn that every arrangement will be made to afford a warm reception to any portion of the " million " of Ohio, that may visit our borders. Michigan defends her soil and her rights, and we would wish our fellow-citizens of Ohio to recollect that "thrice armed is he who hath his quarrel just."

WAR! WAR !!- Orders have been issued for volun- teers to rendezvous at Mulholland's, in the County of Monroe, on the Ist of September next, for the pur- pose of resisting the military encroachments of Ohio. The Territory, it is expected, will be on the alert, and we understand services will be accepted from all quarters.

The latter movement evidently had reference to preventing the holding of the Court at To- ledo, September 7th. What was the force which finally was employed by Governor Lueas can- not be ascertained, as no record of the same can be found at Columbus, beyond the amount paid out for the services rendered.

The situation as thus shown, while largely conforming to the policy and wishes of Gover- nor Lucas, was yet by no means without its embarrassing features with him. His arrange- ment with the Government was, for no action on the part of Ohio in connection with the boundary question, beyond the re-marking of the Ilarris line; while, on condition of such course by Ohio, the Michigan anthorities were to cease attempts to enforce jurisdiction. But the County of Lucas had been created, and by law a Court was to be held at Toledo on the

7th of September. The situation was an em- barrassing one. Threatened by the President with the Federal power in resistance to any violation of the compact or truce, it was a nice point to determine how jurisdiction so positive as the holding of an Ohio Court in the disputed territory, was to be accomplished without trou- ble with the Government. In such emergency it was decided to substitute strategy for force.

When the time approached for holding the Court at Toledo, Governor Lucas sent Adju- tant-General S. C. Andrews to confer with the Judges and County officers as to the most prac- ticable ways and means for holding the Court. It was finally arranged, that Colonel Vanfleet should furnish his Regiment to act as a posse, subject to orders of the Sheriff, for the protection of the Court. Such force accordingly appeared at Miami, within the new County. The Ad- jntant-General and Major-General John Bell of Lower Sandusky (Fremont), proceeded to To- ledo in citizen's dress. On Sunday, September 6th, the three Associate Judges, Sheriff and others met at Miami, ready to move to Toledo under escort of Colonel Vanfleet's force of 100 men. Unfortunately, the report was brought in on Sunday evening, that General Brown bad reached Toledo with a force of 1,200 Michigan troops, to prevent the holding of the Court. The effect of this information was essentially disturbing. The Judges and others were in serious doubt as to what should be done -some favoring a " back-out," while others insisted on an advance. Judge Higgins and Andrew ("Count") Coffinbury (the latter having been appointed Prosecuting Attorney), were absent when the report came in, which embarrassed the Associate Judges. It was finally decided to submit the question to Colonel Vanfleet, it being assumed by those not willing to make the trip, that that officer would hardly feel pre- pared, with his small foree, to meet 1,200 Mich- igan troops. It is reported that the Colonel, turning to the Judges, said : " If you are wo- men, go home ! If you are men, do your duty as Judges of the Court! I will do mine." The Colonel then said he wanted 20 brave men, who were willing to take the risk of a hazardons enterprise; and requested that such of them as were ready to do that, should step four paces to the front, when 30 so stepped out. Of these 20 were taken. Captain Granville Jones, of Lucas Guards, Toledo, was left in charge of the camp at Miami, with directions to be ready for co-operation with the advance. It was then decided, that September 7th began immediately after 12 o'clock Sunday night, and as no honr for the assembling of the Court was mentioned in the law, one hour was as good for the pur- pose as any other, so that the Court was held and due record of its proceedings made. Ac- cordingly, at 1 o'clock A. M., the procession took up its march of eight miles for Toledo, each soldier of the escort carrying two Cavalry pis-

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of the city of Toledo and Lucas County, Ohio, Part 55

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