History of the city of Toledo and Lucas County, Ohio, Part 56

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

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303

OHIO AND MICHIGAN BOUNDARY.

tołs. They reached Toledo about 3 o'clock, and proceeded at once to a School House, which stood between Washington and Monroe and Michigan and Erie Streets. It was a frame building. At that time it was well "out of Town," and thus as safe from observation as accommodations could have been found. It has been deemed proper, that the building so prominent as to have served as the first Court- House of Lucas County, should be presented to the present and coming generations in the condition in which it now (1887) exists.

FIRST COURT-HOUSE OF LUCAS COUNTY.

Here " the Court of Common Pleas, in and for the County of Lucas, and State of Ohio," for the first time was opened in due form. It consisted of the three Associate Judges-Jon- athan H. Jerome, Baxter Bowman and William Wilson. The President Judge ( David Higgins), as supposed for reasons already indicated, was not present. Junius Flagg, of Toledo, aeted as Sheriff, and Dr. Horatio Conant, of Maumee, as Clerk. A short session was held, the pro- ceedings being limited to the appointment of John Baldwin, Robert Gower and Cyrus Hol- loway, as County Commissioners, and the ap- proval of the Clerk's bond. The Clerk's min- utes were kept on loose pieces of paper. The length of time occupied in these proceedings is not recorded, butit was as short as was con- sistent with the proper forms ; and " no further business appearing before said Court, it ad- journed," literally " without day," since its en- tire session and adjournment took place in the dark.

There seems somehow to have been very little interest taken by the people of Toledo in the record of their initial Court and its attendant cirenmstances. Hence, the difficulty at this late day, in obtaining satisfactory particulars of the event, and especially of the movements and experiences of the Court in placing a desired · distance between themselves and the supposed " Wolverine " troops. In the absence of local information, we are left, for our most detailed statement in that regard, to the narration given by the late Willard V. Way, Esq, of Perrys- burg, in his address before the Raisin Valley

(Michigan) Historieal Society. Without in any way impeaching the loyalty of that gentleman as a citizen of the Commonwealth of Ohio, it must be conceded that his account of that occa- sion does not read in all respects just as one of the zealous champions of Ohio on the disputed boundary question would have been expected to tell the story. In this, the writer does not wish to be understood as questioning the truth- fulness of Mr. Way's version, which was sub. stantially this : That upon adjournment of the Conrt, the officers and escort went to the tav- ern then kept by Munson II. Daniels, not far from the Court House ; that while there en- joying a season of conviviality natural on the accomplishment of important and critical public service, a wag came hurriedly into the tavern and reported a strong " Wolverine " force ap- proaching and close by ; that the party at once left the house, sprang to their horses, leaving their bills unpaid ; that they took the trail for Maumee, following near the River ; that upon reaching the hill across Swan Creek and near where the Oliver House now stands, seeing no pursuit, they came to a halt ; that it then be- came known that the Clerk had lost his hat, and with it his minutes of the Court; that under direction of Colonel Vanfleet, careful search was made for the papers on the line of their hasty travel; and that after diligent efforts, the hat and contents were found. Col- onel Vanfleet signalized this important success by firing two salutes, when the party continued their journey to Maumee, where they arrived soon after daylight, or about six o'clock, having occupied five hours in going to Toledo, holling a Court and getting safely back. The record of that Court, so essential to the proper vindi- cation of the rights and authority of the State of Ohio, is as follows :

The State of Ohio, Lucas County, ss .:

At a Court of Common Pleas, began and held at the Court House in Toledo, in said County, on the 7th day of September, A. D. 1835. Present, the Hon- orable Jonathan H. Jerome, Senior Associate Judge of said County, their Honors, Baxter Bowman and William Wilson, Associate Judges;

The Court being opened in due form by the Sheriff of the County.

Horatio Conant being appointed Clerk of said County, exhibited his bond, with sureties accepted by the Court agreeable to the statute in such case made and provided.

The Court appointed John Baldwin, Robert Gower and Cyrus Holloway Commissioners for said County.

No further business appearing before said Court, the Court adjourned, without day.

J. H. JEROME, Associate Judge.

Adjutant General Andrews, in his report to Governor Lucas, said :

"The Court was accordingly held under these cir- cumstanees : The Judges and Sheriff of the County met at Toledo on Monday, which was the 7th, and, attended by a small posse, opened Court, organized, appointed their Clerk, County Commissioners, etc .;

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HISTORY OF TOLEDO AND LUCAS COUNTY.

and after performing such business as was necessary for a complete organization of the County, and making up their record, adjourned without molesta- tion. In the meantime the opposing force had en- tered the place, and taken possession of the adjoining Village [Vistula, the Court meeting in the Port Law- rence Division], with the express purpose, as de- clared, of preventing the session. They had, it is asserted, information of the fact, and made arrange- ments accordingly. No interruption, however, took place."

This report elsewhere says the Michigan force entered Toledo on Sunday, the 6th, where they remained until Monday, and some part of them until Tuesday following, when they dis- appeared entirely, with the exception of a straggling band, who afterwards returned in search, as pretended, of the Judges of the Court, but engaging in the customary excesses and proceeding to acts of violence against certain of the citizens. The inhabitants were aroused to resistance, and they were forcibly expelled. Their whole number upon entering Toledo, appears to have been not to exceed 1,100, and to have been reduced at the time of their re- treat to between 500 and 600. General Brown subsequently stated that his main force halted at Mulholland's, some eight miles from Toledo, where they remained Sunday night, he having sent Colonel Warner Wing forward with 100 men, to watch the Judges and arrest them if they attempted to hold Court. The main force reached Toledo the next day.

More or less of excess in drinking and carousing took place with the Michigan troops, and especially in petty robbery of property, although sneh action was against the will of the officers in command. That Major Stickney should be made conspicuous in that connection is not remarkable, he being an object of special hostility with that side. It was stated that the Major, on finding a man in the garb of a Mich- igan soldier, in his garden, in the act of pulling up potatoes, asked what he was doing, when the tresspasser replied that he was " drafting potato tops, to make the bottoms volunteer." The Major was subsequently paid $300 by the State for damages suffered during that contro- versy, besides costs and expenses incurred by him in connection with his arrests May 8th and July 20, 1835, and being taken to the jail at Monroe.

As already mentioned, the body of the Mich- igan forces detailed to prevent the holding of Court at Toledo stopped at Mulholland's on Sunday, the 6th. At that place ex-Governor Stevens, although then nine days out of office, issued an address to the troops, in the charac- ter of "the Executive," in which he notified them that the command was by him at that time " assigned to Brigadier General J. W. Brown," and enjoined on them due observance of that officer's orders. On the same day Gen- eral Brown issued, from Toledo, his address to the Militia, closing with this appeal :

Our cause is just. We assemble to defend from invasion our constitutional privileges. The voice of law calls us to the field, and although young in his- tory, Michigan must be placed by us in the proud attitude of seeking to do no wrong, and never shrink- ing to defend the honor of the country and the invio- lability of her soil.

The manner in which these movements in Ohio were received by theauthorities and peo- ple of Michigan is further seen from the fol- lowing article, taken from the Michigan Senti- nel, published at Monroe, under date of Sep- tember 12, 1835 :

WOLVERINES OF MICHIGAN !- In anticipation of the proposed organization of the Court of Ohio at Toledo, and the approach of Lueas's "Million," AActing Governor Mason made a large requisition on the brave Wolverines of Michigan ; and on Saturday last (September 5th) they approached our Town under arms by hundreds, from the Counties of Mon- roc, Wayne, Washtenaw, Lenawee, Oakland, Ma- comb and St. Joseph. The whole body entered the disputed territory on Monday, accompanied by Gov- ernor Stevens, Generals Brown and Haskalt. and Colonels Davis, Wing and others, to the number of 1,200 to 1,500, and encamped on the plains of Toledo. Governor Lucas did not make his appearance. The Court is said to have been held at the dead of night, by learned Judges dressed in disguise ; and the insurgents of Toledo precipitately fled from the scene of action.

The last order issned to the Michigan forces, was that of General Brown, dated at Monroe, September 10, 1835, which was commenced as follows :

The different Regiments, Battalions and Corps comprising the Brigade of Michigan Volunteers now assembled at this place, will immediately be put in march, by their several commandants, for their respective homes.

There they were to be dismissed for 30 days, but to hold themselves in readiness for another call. General Brown expressed " his high re- gard for the manly and patriotic manner in which they had obeyed the call of the Execu- tive to assist him in sustaining the laws of the Territory and the inviolability of its soil." And thus closed the military movements of Michi- gan in the " Toledo War."

The success of the strategy employed by the Onio authorities for exercising jurisdiction over the disputed territory, by holding a Court at Toledo, seems to have practically closed the contest. No further attempt was made to re- sist Ohio anthority, while the people immedi- ately concerned very rapidly accepted the same.

Mr. Shaler did not accept the appointment of Secretary of Michigan, and John S. Horner came to be the Acting Governor, between whom and Governor Lucas arrangements were made for the discontinuance of the persecutions commenced against all residents of the disputed territory, except Two Stickney, whom Gov- ernor Lucas refused to surrender under reqni- sition.

305

OHIO AND MICHIGAN BOUNDARY.

The Michigan view of this result was no doubt fairly stated by Hon. A. L. Millard of Adrian, in an address delivered July 4, 1876. He said :

The result was, that Ohio, inthuiential and pow- erful with her 12 members on the floor of Congress, prevailed against her younger and weaker sister Michigan, with her single Delegate, and he without the right of voting ; and before Congress would ad- mit her into the Union as a State, she was required to assent to the change in her boundaries and to adopt the boundary elaimed by Ohio. But in order to make her some amends, the Northern Peninsula, then no part of Michigan, was offered her. At first this overture was rejected. A convention called to act upon it, refused to give the assent required. Her people at the time felt keenly upon the subject. They felt that her right to the territory, under the ordinance (of 1787), and under the act of Congress of 1805, was unquestionable, and there are few, in this State, at least, who have examined the question, who do not regard it so to this day. But this decision of the Convention did not finally prevail. A large and influential portion of the citizens-some from public considerations, and others, perhaps, from private reasons, thought it highly desirable that the State be speedily admitted into the Union. Another Conven- tion was accordingly called, not by the Governor or other legal authority, but by a Democratic Central Committee, requesting the people in the several Townships to elect delegates. The Convention met, and in the name of the people of the State gave the required assent. This, after considerable discussion, was accepted by Congress as a compliance with the condition, and the State was admitted by an act passed on the 27th January, 1837, and thus the con- troversy ended. The people of Michigan were ill- satisfied at the time, being little aware of the mineral valne of the Upper Peninsula, which they acquired in lieu of the strip surrendered. But the subsequent development of that region has shown that they got an ample equivalent, and that the bargain, though in a manner forced upon them, turned out to be not a bad one for Michigan.

In his message of December, 1835, to the Ohio Legislature Governor Incas called atten- tion to the following facts, as bearing on the question of boundary :

That the Counties of Wood, Sandusky, Henry and Williams, made up of territory previously possessed by the Indians ; that such Counties extended to the Harris Line, and embraced all territory subsequently in dispute; that Wood County authorities asserted jurisdiction to the Harris Line, and assessed property for taxation up to the same; that no question was raised by the Michigan authorities in the matter for several years, nor until Governor Cass sought in vain to find persons there willing to accept commissions at his hands; that he finally found a man who lived within the territory in dispute, becoming dissatisfied with the assessment of his property, consented to accept an appointment as Assessor ; and that this was over two years after Ohio exercised jurisdiction to the Harris Line. This point would have more force, but for the fact, that from the organization of the Ohio State Government in 1802, until the ratification of the Indian treaty of 1817 (a period of fifteen years), most of the territory afterwards in dispute, was in possession of the Indians, and thus not subject to eivil government by any authority.

In a special message of February 6, 1835, to the Ohio Legislature, Governor Lucas declared

the boundary claimed by Michigan to be " im; possible," for the reason that a line running due East from the Southern extremity of Lake Michigan, would not only eross the Maumee River considerably South of the Manmee Bay, but extending East would never strike the ter- ritorial line between the United States and Canada, but pass through the Counties of Huron, Cuyahoga, Geauga and Ashtabula, to the Pennsylvania line, some 20 or 30 miles South of Lake Erie-thus leaving a strip of such width between the Northern boundary of the State and the Lake. The Governor also called attention to the fact, that while neither House of Congress had ever expressed an opin- ion adverse to the claim of Ohio, there had been, after full investigation by the Judiciary Committee of the Senate, an able report in favor of such claim, and a bill to that effect, twice passed by that body; while the House Com- mitice on Territories, March 11, 1834, declared additional legislation on the subject unneces- sary. Governor Lucas also called attention lo the important fact, that in the admission of Indiana to the Union, subsequent to that of Ohio, that State was allowed to extend its Northern boundary considerably North of the Southern extremity of Lake Michigan.

To recapitulate, it may be stated, that the fact ofa disputed boundary was recognized very soon after Ohio became a State. As early as 1807, the Legislature of that State adopted a resolution by which Congress was asked to pass a law " to ascertain and define the Northern boundary line of this State and fix the same," agreeably to the provision contained in the State constitution. In 1809, prefaced with a preamble stating that " great inconvenience has been and is daily occurring, in consequence of the Western and Northern boundaries of the State not being ascertained," the Legislature renewed its request for such definite declara- tion of such boundary lines. In 1811, the same body again asked for the same action, specific- ally citing, as a reason therefor, the fact that Michigan Territory was then undertaking to exercise authority over the disputed territory. In 1812, Congress, acting on such request, di- rected the running of a line of boundary, which, owing to the existence of the War with Great Britain, was postponed until 1817, when the Harris line was run. At the suggestion of General Cass, but without authority of Con- gress, Surveyor Fulton ran the " Fulton " line, which Michigan claimed to be the true bound- ary, but which was found to be impracticable, for the reason that it did not at any point intersect the territorial line between the United States and Canada, but left considerable terri- tory of Northern Ohio North of the Fulton line, and between Ohio and Canada. In 1818, the Ohio Legislature re-affirmed the claim of the State to the Ifarris line. The claim of Michigan to the Fulton line still being asserted,

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HISTORY OF TOLEDO AND LUCAS COUNTY.

the Ohio Legislature in 1820 again called on Congress definitely to settle the question by deelaring the Harris line to be the true bound- ary. It was only after such repeated appeals to Congress, for the interposition of its authority for the settlement of the question, that Ohio, in 1835, acting in its own sovereign capacity, sat out to assert and settle her rights in the case. It was at such suggestion that Messrs. Rush and Howard were sent as Com- missioners by the President, for the adjust- ment of the difficulty. By the agreement made between those Commissioners and the Governor of Ohio, April 7, 1835, it was provided :

tst. That the Harris line be run and re-marked, without interruption. 2d. That the civil elections under the laws of Ohio having taken place through- out the disputed territory, the people residing there be left to their own choice as to which of the parties should be accepted as anthority in government until the close of the next session of Congress. This Ohio assented to, with the proviso, that Michigan be con- pelled to abide by the terms of the compact; and especially, that all prosecutions begun under the authority of that Territory against citizens of Ohio, be discontinued.

The case, having been by arrangement finally referred to Congress, the discussion became active there, and was ably presented on the part of Ohio, by Governor Lucas and the Senators and Representatives from this State. In a letter to the Secretary of State at Wash- ington, November 10, 1835, the Governor stated that he was informed by General Has- kall, a member of the Michigan Legislature, that Governor Mason procured the key to the United States Arsenal at Detroit, and in that way came into possession of Government arms for use by his forces. Governor Lucas ex- pressed the belief, that such use of the arms was made " by private special permission of the Secretary of War " (General Lewis Cass). The Governor stated that in private letters to friends in Ohio and seen by him, Secretary ('ass stated, that while not appearing publicly in the controversy, he was doing all he could privately in support of the Michigan claim. Governor Lucas attributed to the Secretary the responsibility of the entire controversy.

In a letter of November 19, 1835, Secretary Cass alludes to this expression by Governor Lucas, and protests against the same as grossly unjust. On the contrary, he stated, that while fully believing in the justice of Michigan's claim, and advising the exercise of jurisdiction over the disputed territory by the use of ordi- nary civil power, he at all times discounte- nanced the resort to force which Governor Mason made.

Governor Lucas then quotes from the pri- vate letters of the Secretary, referred to by him, showing that the author did severely de- monnee the action of Ohio in the matter as " among the most unjustifiable which had taken place during his time."

In a report made March 1, 1836, the Judi- ciary Committee of the Senate, of which Hon. John M. Clayton, of Delaware, was Chairman, discussed the matter with much clearness and detail, going over the essential points and facts. The immediate matter in hand was the " bill to settle and establish the Northern boundary line of the State of Ohio," which provided " that the Northern boundary of the State of Ohio, shall be established by and ex- tend to, a direct line running from the Southern extremity of Lake Michigan to the most Northerly Cape of the Miami Bay; thence Northeast to the Northern boundary line of the United States; and thence, with said line, to the Pennsylvania line." The result of the Committee's investigation was to the effect, that aside from the declaration made in the constitution, the State of Ohio could have no claim to the line therein set forth. Thus, the whole question turned upon the validity of that declaration as a basis for the claim made by Ohio; while such basis could not be valid, without the "assent of Congress." Hence, again, arose the question, Did the admission of Ohio into the Union, with such constitution, constitute the required "assent of Congress" to the boundary stated? The Senate Com- mittee concluded its full examination of that question in the following language :

We do not hesitate, then, to express our conviction, that, while Congress has not yet, in terms, declared its satisfaction with the line now contended for by Ohio, as her Northern boundary, it has, in the most solemn manner, accepted her State Constitution, recog- mized it, as made pursuant of a lawful authority to make it, conferred by an act which reserved the right to annex to Ohio, at any future period. a country embracing the whole territory in dispute ; and has, by these means, assented to the terms of the proviso, which is one of the essential features of the constitu- tion. We say essential, because everything regard- ing her boundaries, touches her sovereignty-her very being, as an independent State. We hold that, by the acceptance of this constitution, Congress undertook, that if the fact should be hereafter satis- factorily ascertained that the Southerly bend or ex- treme of Lake Michigan extends so far South, that a line drawn due East from it must interseet Lake Erie East of the Miami of the Lake, then, with the assent of Congress, the Northern boundary should be the very boundary described in the bill before the Com- mittee. And while we negative the assertion of the right to the line, contained in the resolution referred to us, considered as a strictly legal right, to perfeet which no further action of Congress is requisite, and adopt the distinction which is well taken by the Attorney-General, in his letter to the President of March 21st, last, between the assent of Congress to the proviso, which has been given, and its assent to the actual extension of the Northern boundary, as proposed in the proviso, which has not been given, we also declare, in justice to that State, that for the reasons which we will now proceed to detail, Con- gress cannot, consistently with the original under- standing of the compact between that State and this Government, and those obligations which, though not strictly legal, are of great equitable and moral force among Nations, as well as individuals, with- bold its assent to the line in the bill.

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OHIO AND MICHIGAN BOUNDARY.

The Committee then state the fact, that at the time the constitution of Ohio was formed, the maps existing, with a single exception, placed the Southern extreme of Lake Michi- gan between 42° 20' and 42° 30' North. The map of Peter Bell, Geographer, published in 1772, would have made a line due East from the extreme of Lake Michigan strike the Detroit River, North of Lake Erie. That of William Faden, in 1777, would have placed such line North of Lake Erie. Kitchen's Atlas agreed with Bell's map. An ancient map, by Eman Bowen, Geographer to His British Majesty, and John Gibson, Engineer, of 1763, placed such line North of Lake Erie. Laurie & Whittle's map, issued at London, 1794, located the same line above "Lake Erie or Okswego," as laid down. An ancient map of the North- western Territory, with a supplement to the map of Hudson's and Baffin's Bays, shows the same results. Mitchell's map, published in 1755, is said to have been the one relied on by Congress and the Convention of Ohio, at the time of the admission of this State; and that placed the extreme of Lake Michigan at 42º 20' North, thus placing a line due East far North of the most Northerly Cape of Maumee Bay and the mouth of Detroit River.

Under such state of facts, it is not matter of surprise, that the Committee should say that " it was then believed by both parties, that the new State of Ohio would comprehend not only the whole territory in controversy, but a much larger tract of country lying North of it." In fact, the ordinance of 1787, and the enabling act of Congress, under which the constitution of Ohio was formed, if interpreted by the maps made the basis of action on both occasions, would have given to Ohio not only all she ever claimed, but in addition the entire present Southern tier of Counties in Michigan.

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History of the city of Toledo and Lucas County, Ohio, Part 56

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