USA > Ohio > Fulton County > The County of Fulton: A History of Fulton County, Ohio, from the Earliest Days, with Special Chapters on Various Subjects, Including Each of the Different Townships; Also a Biographical Department. > Part 5
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The latest map in use at that time, which purported to give a rep- resentation of this portion of the earth's surface, was one published by Mitchell & Bradley in 1780, and, being decidedly inaccurate, it showed the southern extremity of the lake to be thirty miles north of where it really is. Congress, however, with only that map as a guide, thought that the "east and west line" would intersect the Detroit river, and hence really intended that the future State of Ohio should extend a considerable distance further north than it does. In fact it was plainly the purpose of the framers of the "Ordinance" that the northern boundary of the State should be near the forty- second parallel of north latitude. Judge Burnet, in his "Notes on the Northwestern Territory," thus explains the origin of the difficulty :
"The question of boundary, though not expressly referred to the Convention, was one of greater importance than would appear at first view. It is generally known to those who have consulted the maps of the western country extant at the time the Ordinance of 1787 was passed, that Lake Michigan was represented as being very far north of the position which it has since been ascertained to occupy. On a map in the Department of State, which was before the Committee of Congress who framed the Ordinance for the Govern- ment of the Territory, the southern boundary of that lake was laid down as being near the forty-second degree of north latitude; and there was a pencil line passing through the southern bend of the lake to the Canada line, which intersected the strait between the river Raisin and the town of Detroit. That line was manifestly in- tended by the committee and by Congress to be the northern bound- ary of this State; and, on the principles on which courts of chancery construe contracts, accompanied with plats, that map, and the line marked on it, should have been taken as conclusive evidence of the boundary, without reference to the actual position of the southern extreme of the lake."
When the act was passed, enabling Ohio to take the necessary steps toward statehood, Congress, under the same misapprehension, bounded the future state on the north "by an east and west line drawn through the southern extremity of Lake Michigan, running east until it shall intersect Lake Erie on the Territorial (British) line, and thence on the same through to the Pennsylvania line." Again it is clearly proven that Congress intended the boundary line to be further north; for the Fulton line, so called (the boundary claimed by Michigan), if extended east would not intersect the British iine at any point whatever. When the convention that framed the State Constitution was in session, in 1802, it was still the prevailing under- standing that the old maps were correct; and that the line, as defined in the Ordinance and enabling act, would terminate at some point on
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the Detroit river, far above the Maumee bay. But, while that subject was under discussion, a strolling hunter, who had for many years plied his vocation in the vicinity of Lake Michigan and was well ac- quainted with its position, happened to be in Chillicothe, and, in con- versation with some of the members, mentioned to them that the lake extended much farther south than was generally supposed; and that a map which he had seen placed its southern bend many miles north of its true position. His statement produced some apprehen- sion and excitement on the subject, and induced the convention to change the line prescribed in the act of Congress so far as to provide that, "if the southerly bend or extreme of Lake Mchigan should ex- tend so far south that a line drawn due east from it should not inter- sect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the Lake [Maumee], then and in that case, with the assent of the Congress of the United States, the north- ern boundary of this State shall be established by, and extended to, a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami [ Maumee] bay," etc. The object of this proviso was to save to the State of Ohio the valuable ports and harbors on the Maumee river and bay, as was clearly in- tended by Congress, and which were the prizes contended for in the threatened resort to arms. Congress accepted this constitution, but, in 1805, Michigan territory was created with the southern boundary as originally specified-the old erroneous map being used as a guide -and without any reference to the Ohio amendment.
Upon this technicality arose the boundary difficulties, and the loca- tion of the line was considered very uncertain, even by the Ohio Legislature; for at different sessions, in 1807, 1809, and 1811, resolu- tions were passed, requesting that commissioners be appointed to establish definite boundaries on the north and west. Michigan claimed jurisdiction over the disputed land from the date of her or- ganization as a territory, and by assuming authority in the Maumee country her officials soon excited jealousy and resentment upon the part of the settlers in the disputed strip who professed allegiance to Ohio. Upon January 23, 1812, Amos Spafford, Collector of the Port at Miami Rapids, addressed a letter to Governor Meigs, in which he stated it "to be the general wish of the people in this settlement (which consists of about fifty families) to have the laws of the State of Ohio extended over them." He informed the Governor that the people, with few exceptions, considered themselves clearly within the limits of Ohio-the exceptions being those who held office under the Governor of Michigan, whose orders they were endeavoring to enforce. Collector Spafford stated that if no adjustment should be made, he feared the contention would ere long become serious. This letter of Mr. Spafford, it will be observed, was written during the period when the population of the western frontiers were excited by the unfriendly relations existing between England and the United States; and which resulted in a declaration of war made by the latter in June of the same year. The great issue of a foreign war, threaten-
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ing a common danger, united all the people of the frontier, including those of the disputed jurisdiction, in support of the general welfare, and national patriotism subdued for a time the promptings of local and selfish interests.
Yet congress, heeding the petitions of Ohio's legislative assembly, and recognizing the seriousness of the boundary dispute and the importance of its early settlement, on May 20, 1812, passed an act authorizing and instructing the Surveyor General of the United States, under the direction of the President, and as soon as the con- sent of the Indians could be obtained, "to cause to be surveyed, marked and designated. so much of the western and northern bound- aries of the State of Ohio, which have not already been ascertained, as divides said State from the territories of Indiana and Michigan, agreeably to the boundaries as established by the [enabling] act" of 1802. As will be observed, the framers of this act had in mind the line as originally stipulated (due east from the southern extremity of Lake Michigan); but they evidently recognized the mistake made in such designation, for they instructed the Surveyor General "to cause to be made a plat or plan of so much of the boundary line as runs from the southerly extreme of Lake Michigan to Lake Erie, par- ticularly noting the place where said line intersects the margin of said lake, and to return the same when made to Congress." But, as before stated, the war of 1812 came on, and this, with ensuing diffi- culties, served to defer the making of the survey as directed.
The matter remained in statu quo for several years, until 1817, when, peaceful treaties having been made with the Indians, Edward Tiffin, Surveyor General of the United States, in pursuance of the instructions contained in the Act of Congress mentioned above, em- ployed William Harris, a skillful surveyor, to run a portion of the western and all of the northern boundary line. Indiana had been erected into a state in 1816. and its northern boundary, as defined by act of Congress, included "a strip of land, ten miles wide, off the southern portion of Michigan Territory." This was another recogni- tion of the old line which had been established through a mistaken idea of the geography of the country: but by extending Indiana ten miles further north. Congress showed its disregard for the instruc- tions given in the Ordinance of 1787, and gave to the Ohio claimants a precedent decidedly in their favor. Harris found that a due east line from the head of Lake Michigan would intersect Lake Erie seven miles south of the most northerly cape of Maumee bay, his sur- vey in this matter agreeing perfectly with that afterwards made by Fulton. He accordingly, in conformity to the constitution of Ohio, . ran another line from the lower extremity of Lake Michigan to the northerly cape of Maumee bay. This line established the northwest corner of Ohio at a point on the Indiana line, five miles, 24 chains and 64 links north of where the due east and west line located the same. Or, in other words, the difference in the lines at this place was the distance between the northwest corner and southwest corner of Northwest township in Williams county.
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General Lewis Cass was at that time (1817) governor of the Terri- tory of Michigan, and, after investigating the boundary question, claimed the line to be the one established by the Ordinance of 1787 and accordingly claimed the disputed territory. A lengthy correspond- ence followed between Governor Cass and the Surveyor General, and the matter was taken up by the Ohio legislature in January, 1818, strong resolutions being passed, affirming the Harris line as the true one and holding that Congress so decided in approving the organiza- tion of the State. Governor Cass obtained an order through William H. Crawford, then Secretary of the Treasury, to run the due east and west line, and John A. Fulton was employed to make the survey. The result of course agreed exactly with the first line run by Mr. Harris, and it became known from that time as the "Fulton line"- said line being the present boundary between the northern and middle tiers of townships in Williams county, extending thence east through Fulton, and leaving a good portion of the city of Toledo in the present state of Michigan. The United States surveys, for subdivid- ing the lands purchased from the Indians into townships and sections were completed a few years thereafter, and as they were closed in Ohio and later in Michigan upon the Fulton line, it seemed that the government had decided favorably to that boundary.
Ohio, however, claimed to the Harris line and proceeded, wherever the population was sufficient, to organize townships, etc., accordingly. Wordy discussions followed and civil officers were appointed by each claimant. Nothing serious occurred for several years, but, "a dis- puted jurisdiction," as Lewis Cass wrote to Edward Tiffin, "is one of the greatest evils that can happen to a country." Claims which in- volve vast sums of money fail to provoke strifes as acrimonious as those relating to contested land boundaries. The anxiety of the in- habitants of the infant settlements, occupying the disputed tract, can be easily imagined, and almost any decision would have been wel- comed by them if it ended the strife and established an undisputed jurisdiction. Dr. Horatio Conant, in December, 1823, wrote a letter from Fort Meigs to Hon. Ethan A. Brown. then a United States Senator from Ohio. appealing for some solution of the difficulty, but breathing loyalty to Ohio and the Harris line.
Dr. Conant was one of the pioneer physicians in the Maumee Valley. He was born at Mansfield, Connecticut, November 25, 1785, and was educated at Middlebury college in that State. He studied medicine in the state of New York, and, in 1816, came to Ohio, locating at Fort Meigs. where he followed the mercantile business for one year. He then began the practice of his profession and made it his chief business during life. although he held several official posi- tions, among which was judge of the court of Common Pleas. His professional visits extended up the Maumee river to Defiance and embraced all the country below. In one instance, in making a horse- back trip to Defiance, he swam no less than eight streams and was compelled to purchase a canoe and float back home. Dr. Conant was among the most public-spirited citizens who aided in planting white
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settlements and civilization in this then wilderness country and earn- estly endeavored to remove all obstacles to such progress. In the boundary dispute he displayed the same earnestness and good citizen- ship that characterized his long and useful life.
During John Quincy Adams' administration arose the question of internal improvements all over the country, and the project of uniting the waters of Lake Erie and the Wabash river by a canal was con- sidered. As is well known, General Andrew Jackson, who succeeded Adams as president, did not favor internal improvements by the aid of the general government; but the state of Indiana obtained an appropriation by Congress of each alternate section of land, five miles wide, on each side of the proposed canal, and extending its entire length, including the portion through Ohio. Indiana conveyed to Ohio the portion within the latter state upon the conditions of the original grant. Thus Ohio became interested, and in March, 1834, the legislature authorized Governor Lucas to appoint three commis- sioners to locate the canal line through the State. During the same year a survey of the proposed canal was made and it was found neces- sary to locate the eastern terminus at a point on the Maumee river, north of the. Fulton line, in order to reach navigable water. This re-opened the mooted boundary question and brought the partisans of the rival claimants to a frenzied state of excitement. On February 12, 1835, the Territory of Michigan passed a law inflicting heavy penalties upon any person attempting jurisdiction over any part of the territory without authority from the United States or the Terri- tory of Michigan. In accordance with a further provision of this act, Stevens T. Mason, the youthful and impulsive acting governor of Michigan, sent a message to Governor Lucas of Ohio, who in turn submitted it to the legislature, then in session. The legislature re- plied by passing an act on February 23, 1835, affirming the jurisdic -. tion of Wood, Henry and Williams county to the Harris line; and it gave notice to congress that, "it ill becomes a million of freemen to humbly petition, year after year, for what justly belongs to them and is completely within their control."
The fight was now on in earnest. The commissioners of Williams county met on March 30, 1835, and in accordance with the legislative enactment extended the county jurisdiction to the Harris line, notify- ing all citizens of such extension. Wood and Henry counties likewise extended. A further provision of the act of the Legislature (passed February 23, 1835) provided for the appointment of three commis- sioners to run and re-mark the Harris line. Uri Seely of Geauga, Jonathan Taylor of Licking, and John Patterson of Adams, were appointed such commissioners, and the first of April was named as the time to commence the survey. Governor Mason of Michigan, keenly watching the Buckeye movements, ordered Gen. Joseph W. Brown, who commanded a division of the territorial militia, to be prepared to meet the impending crisis and to "use every exertion to obtain the earliest information of the military movements of our adversary." On March 31, Governor Lucas, accompanied by his
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staff and the boundary commissioners, arrived at Perrysburg on their way to run and re-mark the Harris line in compliance with the act "in such case made and provided." General John Bell, in com- mand of the Seventeenth division of the Ohio Militia, arrived about ยท the same time with his staff and mustered into service a volunteer force of about six hundred men, fully armed and equipped. The force went into camp at old Fort Miami and awaited the orders of the chief executive. Governor Mason, with General Brown, arrived at Toledo with a force under the immediate command of the latter, variously estimated at from 800 to 1,200 men, and went into camp, ready to resist any advance of the Ohio authorities upon the disputed territory to run the boundary line or any other movement inconsistent with Michigan's claim of jurisdiction over it. As a distinguished lawyer has put it, "the two governors, having made up an issue by legislative enactments, found themselves confronted by a military force that had been called out to enforce their respective legislative pleadings. Governor Mason, representing the tenant in possession, was content to rest at his ease. Governor Lucas, representing the plaintiff, had to open the trial."
The whole country in the meantime became wild with excitement, and Governor Lucas had determined to order General Bell with his force to Toledo as soon as he could make the necessary preparations, and risk the consequences. No doubt such action on his part would have resulted in a serious military engagement and possibly menaced the peace of the entire country; but before he had got his prepara- tions made, two eminent citizens-Hon. Richard Rush of Philadel- phia, and Col. Benjamin C. Howard of Baltimore. arrived from Wash- ington as commissioners from the President of the United States, to use their personal influence to stop all war-like demonstrations. Hon. Elisha Whittlesey, of Ohio, accompanied the commissioners as a voluntary peace-maker. The commissioners and Mr. Whittle- sey had several conferences with both governors, and finally, on April 7, submitted the following propositions for their assent:
"I. That the Harris line should be run and re-marked pursuant to the act of the last session of the Legislature of Ohio, without inter- ruption.
"2. 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, without molestation from the authorities of Ohio or Michigan until the close of the next session of Congress."
Governor Lucas, on the urgent request of the commissioners and Mr. Whittlesey, agreed, reluctantly, to accept the proposition as a peaceable settlement until after "the close of the next session of Con- gress." Governor Mason refused to acquiesce in the propositions. Notwithstanding this refusal on the part of the Michigan hotspur, Governor Lucas assented to the agreement, regarding the governor of a territory as a subaltern, subject to the control of the President.
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He looked upon the agreement as one made with the President, through Messrs. Rush and Howard as his representatives, and hence disbanded the military force he had collected Governor Mason par- tially did likewise, but still continued to make preparations for any emergency that might arise and stationed a military force at Adrian under the command of General Brown to keep a close watch upon events.
In 1832, new observations of latitude were made, under an act of Congress, by Captain Talbott, assisted by Lieut. Robert E. Lee, then a recent graduate from West Point but afterwards the famous military chieftain of the Confederate forces and the idol of all loyal Southerners. These observations showed that the originally pro- posed line, if extended due east from the southern point of Lake Michigan, would not touch the international boundary in the middle of Lake Erie, but would pass several miles south of it, and coming to land again would throw into the territory of Michigan a consider- able part of Northeastern Ohio. This absurdity was so apparent that it was confidently expected that the alternative line, which was provided for in the Ohio constitution, would be confirmed-especially so, when the fact was considered that Congress, by admitting Ohio to statehood, had constructively approved it. The matter was sub- mitted to Benjamin F. Butler, at that time Attorney General of the United States, but he. with that tenacity which is a characteristic of lawyers in adhering to the letter of the law, decided that until Con- gress acted otherwise Michigan had the right of dominion over the disputed strip. He softened a little, however, by saying that no harm could come from the re-survey of the Harris line, as proposed by the Ohio authorities. Accordingly. Governor Lucas thought he could run and re-mark the line without serious molestation and directed the commissioners to proceed with the work. Engineer S. Dodge, who was engaged in the construction of the Ohio canal, was employed as surveyor and together with the commissioners and a considerable party, came up the Maumee river to Defiance and then started across the country to the Northwest corner of the state to commence the survey. They arrived at the Fulton line on April 19, but as the "border" was infested with Michigan scouts the party decided not to advance without further advice from Governor Lucas. The Governor instructed them to run the line at all hazards, and they proceeded to what is now the extreme corner of Northwest township, Williams county, where they found the corner of the state as de- scribed in the field notes of Surveyor Harris. Thence the commis- sioners and party proceeded eastwardly along the line, finding it with little or no difficulty and re-marking it as directed, until they reached a point near the present town of Lyons, in Fulton county, on April 25. There they left the line and retired about a mile to the . south, where they expected to spend the following day. Sunday. At about high noon of the next day, however, they were attacked by a mounted force under General Brown, and in the melee that followed nine of the Ohio party were captured and escorted to Tecumseh,
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Michigan. The remainder of the force succeeded in reaching Perrys- burg, and the project of re-surveying the line was indefinitely post- poned.
In addition to this outrage upon the official surveying party there were numerous flagrant assaults upon individuals-some of the events being ludicrous, but all of them doubtless having a serious aspect to the victims. Among the latter was Major Stickney, one of the most interesting and famous characters who were figuring on the Maumee in those early days. It will add a humorous interest to the dry details of this boundary dispute if we digress here and de- vote a little space to this eccentric individual, the facts being gleaned from reminiscences penned by Thomas W. Powell. Major Stickney had been appointed by President Jefferson as Indian Agent, and as such had long resided in the Western country-first at Upper San- dusky and then at Fort Wayne. He was a man of some intelligence, and assumed to be a scholar and philosopher. His wife was a highly respectable lady-in every way amiable, and a daughter of General Stark of Revolutionary fame. But his wife's accomplishments did not prevent Major Stickney from resorting to all kinds of eccentrici- ties. A part of this was to be as much as possible like nobody else. This he carried out in the naming of his children-not after any names found in either Christian or profane history; but the boys were to represent the numerals and the girls the states-as far as their numbers would go. The boys, therefore, were named One, and Two, etc .; and though he condescended to name his eldest daughter, from respect to Mrs. Stickney, Mary, the rest of his daughters were named after the states, Indiana, Michigan, etc. This eccentricity produced some of the most ridiculous anecdotes, among which is the following: Soon after the family moved to the Maumee Valley, and while living in a house erected near the land- ing at the mouth of Swan Creek, Mrs. Stickney, one morning, came to the piazza in front of the house, where a vessel laid at anchor, and calling to her sons, said. "Two, call One to breakfast." A sailor aboard the vessel looked up and said: "Is this Maumee? It is a terrible hard country. if it takes two to call one to breakfast."
In the spring of 1821. Major Stickney was a ruling spirit in what was already a thriving settlement in the neighborhood of Swan Creek. Up to this time the little colony had been without a question within the jurisdiction of Ohio. Writs had been issued from Mau- mee in Wood county, to the settlers, as witnesses, jurors and suitors. and they, until then, had answered as such without a question as to jurisdiction. But other views had entered into Major Stickney's policy and philosophy. He called a public meeting of the citizens, and to them when thus assembled he represented that the citizens of the incipient city had very seriously mistaken their interest as to the question-where the true northern line of the State of Ohio was. He did not care as to what the constitution of the State of Ohio said on the subject-the true line was the one run due east from the southern extremity of Lake Michigan, which run considerably south
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