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 6

Author: Thomas Mikesell
Publication date: 1905
Publisher:
Number of Pages: 717


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 6


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of the settlement and would leave them in the Territory of Michigan, instead of the State of Ohio, and therefore they were Wolverines instead of Buckeyes. He averred that it was greatly to their interest to be so; that while they were citizens of the Territory they would be cherished and protected under the auspices and guardianship of the United States, while in Ohio they could not expect anything except to be taxed. He said he was well acquainted with General Cass, the Governor of Michigan at that time, and would go to him and get a commission as justice of the peace for Michigan in the settlement, in case the citizens there would sustain him. The motion carried-the secession was complete. Major Stickney procured his commission and proceeded to exercise the jurisdiction of a justice of the peace of Michigan over the seceded territory. Soon after these things had matured, Gen. J. E. Hunt of Maumee, had some official business to transact in that vicinity as an officer of Wood county. The citizens threw every obstacle in his way to prevent the discharge of his duties and to convince him that they had really seceded. Gen- eral Hunt returned with just complaint of the conduct of the citizens there. A meeting of the commissioners of the county was called and the question was, what shall be done with the seceding rebels- shall they be prosecuted and hung? Perhaps so, if justice were done them. But mild and discreet measures and counsels were adopted. It was considered that Congress and the State of Ohio would in due time settle the question, and in the meantime it was neither discreet nor prudent to get up a war which could be avoided. This policy prevailed and Major Stickney and his followers were let "alone in their glory."


But about this time the canal question became an absorbing theme to the people of the Maumee Valley. When fully acquainted with the project, Major Stickney called another meeting of the citi- zens of Swan Creek, and to them he now represented that they had committed a great error in seceding from Ohio and going over to Michigan; that while they belonged to Michigan they could not expect that the State of Ohio would construct the canal to Swan Creek; they must go back to Ohio; they must secede from Michi- gan and go back to Ohio again; they must undo their former seces- sion and rebellion or they could not expect to secure the canal. Thereupon all sorts of resolutions were adopted, to the effect that they were and of right ought to be a part and parcel of the State of Ohio; that Ohio was a great and glorious State, and that they would maintain their position. if necessary, at the point of the bayonet. These measures succeeded in arousing Michigan to a demonstration of war. Militia soldiers were sent from Detroit by land and water to Swan Creek, to whip the rebels into subjection to their legitimate authority. They came in martial array and took possession of the territory where the proud city of Toledo now stands, making the citizens succumb to the power and jurisdiction of Michigan. They returned to Detroit in the most jubilant triumph. drinking all sorts of toasts to the glory of Michigan and to the anathematization of


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Major Stickney in Ohio, one of which was, "Here is to Major Stick- ney's potatoes and onions-we draft their tops and their bottoms volunteer !" This, however, was all to the wishes of the sycophantical Major, and in accordance with his policy he went immediately to Columbus and represented to the Governor and people of Ohio the intolerable barbarity of the Wolverines-how they had desecrated the just authority of Ohio and trampled under foot the loyal citizens of the State. Among the individuals arrested by the Michigan authorities during the troublous times of 1835, was Major Stickney, who was taken while on a visit to friends in Monroe, Michigan. He was confined in jail at the latter place for some time, as he described it, "peeping through the grates of a loathsome prison for the mon- strous crime of having acted as the judge of an election within the State of Ohio." He was finally released, however, but it is doubtful if ever, in either ancient or modern history, there has been an in- stance of secession and rebellion so successful, or a hero of one so clearly entitled to the distinction as Major Stickney.


Other citizens of the disputed strip, who claimed allegiance to Ohio, were arrested and harshly treated, among whom being Messrs. N. Goodsell and George Mckay of Toledo, and feeling was aroused to a high pitch. The commissioners appointed to re-mark the Harris line reported the attack upon them to Governor Lucas, and he in turn reported the facts to President Jackson. The President sent a copy of the report to Governor Mason and directed him to send a statement "by the officers engaged in the transaction com- plained of." William McNair, under-sheriff of Lenawee county and the officer who made the arrests. replied, denying that the commis- sioners' posse was fired upon. Great excitement prevailed through- out Ohio. The press spread the news with such comments as cor- responded with their views. Most of the papers advocated the cause of the Governor, and severely condemned the conduct of Michigan ; but some few of the Whig papers, or those anti-Democratic in poli- tics, took an opposite view and severely berated the conduct of Gov- ernor Lucas and those who sided with him. They treated the proceedings on the part of the authorities of Ohio as ridiculous and calculated to bring the State into disgrace. But the number of these papers that spoke freely against the course pursued by the State were very few. Governor Lucas, finding it impracticable to run the line or enforce jurisdiction over the disputed territory, called an extra session of the legislature to meet on the 8th day of June. That body passed an act "to prevent the forcible abduction of the citizens of Ohio." The act was intended of course to prevent if possible a repetition of offenses heretofore mentioned- and also had reference to counteracting the previous acts of the legislative council of Michi- gan-and made such offenses punishable by imprisonment in the penitentiary for not less than three nor more than seven years. An act was also passed at this special session creating the county of Lucas out of the north part of Wood and Henry counties. This new county extended from the east line of Williams to Lake Erie, the


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greater part of the new division lying between the rival boundary lines. An act was also passed levying appropriations to carry into effect all laws in regard to the northern boundary. Three hundred thousand dollars were appropriated out of the treasury and the Governor was authorized to borrow three hundred thousand more on the credit of the state. The determination to run and re-mark the Harris line was still in evidence, and a resolution was adopted invit- ing the President to appoint a commissioner to go with the Ohioans when they again attempted to make the survey.


The issue was now changed; and to quote again from a legal chronicler of the events, "the United States now became defendant as claimant of title in fee." The determined attitude of Michigan to prevent Ohio from exercising any authority over the disputed strip aroused a feeling of State pride that could not well brook the idea that the thinly populated Territory of Michigan, with her stripling Governor, should successfully defy Governor Lucas and a State of 'a "million" inhabitants. Governor Lucas investigated the military strength of the State and found that at least twelve thousand men were ready to respond to a hurry-up call. The authorities of Michi- gan became exasperated. They dared the Ohio "million" to enter the disputed ground and "welcomed them to hospitable graves." Prosecutions for the crime of holding office under the laws of Ohio were conducted with greater vigor than ever, and the people of Monroe county, Michigan, were busy in acting as a sheriff's posse to make arrests of the recalcitrant Buckeyes. The partisans of Ohio being thus continually harrassed by the authorities of Michigan and attempting frequently to retaliate in kind, the disputed strip was not an attractive point for the home-seeker during the greater part of the summer of 1835.


But such a state of affairs could not permanently exist and was certain ere long to reach its culmination. The frequent arrests and imprisonments of reputable men tended to keep the matter at a fever heat, and in a few instances homicide was narrowly averted on the part of the infuriated citizens. On July 15, 1835, an attempt was made to arrest Two Stickney, second son of the doughty Major, and to re-arrest George Mckay. The accused were found at a tavern, "in the village of Toledo," by officers Lyman Hurd and Joseph Wood, of Monroe county, Michigan; but Stickney and Mckay re- sisted the efforts to arrest them. and in the melee that followed, Officer Wood was severely wounded by a dirk knife in the hands of Stickney. This and other similar proceedings were reported by Governor Mason to President Jackson, who was becoming strongly impressed with the necessity of interposing some check to the evi- dent tendency towards serious trouble.


Some time previous to this, Governor Lucas, perceiving consider- able uneasiness at Washington for the peace of the country, had sent to the Federal City, Noah H. Swayne, William Allen and David T. Disney to confer with the President on the subject of the bound- ary difficulties. The result of this mission was the urgent appeal of


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the President for "the mutual suspension until after the next session of Congress," of all action that would by possibility produce colli- sion, and the assurance that an earnest recommendation would be immediately sent to the acting Governor of Michigan and the other authorities of the Territory, whom he could rightfully advise in the performance of their duty, "that no obstruction shall be interposed to the re-marking of the Harris line; that all proceedings already begun under the act of February 12, 1835, shall be immediately dis- continued; that no prosecution shall be commenced for any subse- quent violations of that act, until after the next session of Congress, and that all questions about the disputed jurisdiction shall be care- fully avoided, and if occurring inevitably, their discussion shall be postponed until the same period."


This arrangement was made with Messrs. Swayne, Allen and Disney, on July 3, 1835, and the provisions defined the base of opera- tions for Ohio. The State now had the direct promise of the Presi- dent that he would advise that "no obstruction shall be interposed to the re-marking of the Harris line," etc .; but the authorities of Michigan for a time entirely disregarded the arrangements, and the pugnacious Governor Mason seemed bent upon fighting it out re- gardless of Federal interference or Presidential advice. The act of the Ohio legislature, erecting the new county of Lucas, also provided "that the said county of Lucas, when organized, shall be attached to the second judicial circuit; and the court of common pleas in said county shall be holden on the first Monday of September next." Accordingly, preparations were made for the holding of court at Toledo upon the date mentioned, but such action by the Ohio author- ities excited very intensely the belligerent proclivities of the youth- ful ex-officio Governor of Michigan. He levied a small army and, on Sunday, the day before that set for holding the court, he invaded the district and encamped with a force of twelve hundred men in the lower part of the town of Toledo. This ill-advised operation was attended by no particularly serious consequences; for the Michi- ganders found no one to oppose them, and of course they were barely fighting the wind. The court of Common Pleas met on Monday morning early, made a record of their session and adjourned without Governor Mason and his forces being aware of their meeting. In consequence, the court exercised its jurisdiction without being dis- turbed, and the gallant Governor Mason marched to Toledo with his twelve hundred men, flourishing his drums and trumpets, and then marched back again.


There might have been further trouble had not President Jackson, at about this time, removed the obstreperous Mason from his posi- tion as acting Governor of Michigan and placed the affairs of the Territory in the hands of one whose disposition was less fiery and whose acts were governed more by reason. John S. Horner was appointed to the position, on September 21, 1835, and immediately entered into an amicable correspondence with Governor Lucas, the effect of which was to allay all excitement and restore peaceful rela-


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tions, leaving the final settlement of the question with Congress at its session the following winter. This, however, merely changed the scene of the conflict and the personnel of the combatants, for when the matter was taken up in Congress the advocates on each side displayed a feeling in the matter no less intense than that exhibited by the partisans on the Ohio frontier. John Quincy Adams cham- pioned the cause of Michigan, and declared in an impassioned ad- dress that never before in his life had he known "a controversy in which all the right was so clearly on one side and all the power so overwhelmingly on the other." He had able assistants in the de- bate, but Ohio also was represented by men who were abundantly equipped with ability to do battle for the other side of the conten- tion. Thomas Ewing in the Senate and Samuel F. Vinton in the House were the Buckeye knights, and in the following June, 1836, Ohio won the day and the disputed strip-Congress holding that the State constitution, having been solemnly accepted, authorized Ohio to annex the territory in question. In the main, this action of Congress was more in the nature of a compromise than a clear-cut decision upon the merits of the controversy. Congress is not a court of equity, and the members thereof are sometimes actutated by mo- tives other than a desire to give force and effect to the letter and spirit of existing law. What a chancery tribunal would have done, had a proper issue been joined and brought before it for adjustment, is of course problematical: but with the facts fully stated (as the writer has endeavored to give them in this chapter), and with the intent of the framers of the Ordinance of 1787, so apparent, it seems that exact justice would have placed the boundary line considerably further north than it is. But following the strict letter of the Ordi- nance and the ensuing acts of Congress, a judge of the law would doubtless have named the Fulton line as the southern boundary of Michigan. In fact the Supreme Court of Ohio, in the case of Dan- iels vs. Stevens, lessee, reported in the Nineteenth Ohio Reports, Chief Justice Hitchcock delivering the opinion, affirms that Michigan had jurisdiction to the Fulton line until the act of Congress was passed, in June, 1836, which established the Harris line as the true boundary. And the United States Circuit Court, in a case of con- siderable interest (Piatt vs. Oliver and others, reported in 2 McLean, 267), in which the question of State jurisdiction became important, decided the right of jurisdiction to be in Michigan until the bound- ary line was changed by Congress, in 1836. The latter case was appealed to the Supreme Court of the United States. and there the jurisdiction over the disputed territory was again treated as right- fully and clearly in Michigan .- 3 Howard's R. 333.


But those were days of compromises in American politics, as is evidenced by the act of Congress admitting Missouri, the tariff law of 1833, etc., and in the settlement of this disputed boundary line, the handiwork of a skilled peace-maker is also apparent. Michigan had applied for admission to the sisterhood of states, and to secure such recognition could be easily induced to surrender her claims to


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a narrow strip of land, averaging about eight miles wide. As addi- tional salve for her wounded pride, however, she was given as a part of her domain the large peninsula between Lakes Huron, Michigan and Superior, now so well known for its rich deposits of copper and other minerals. If "the jingle of the guinea helps the hurt that honor feels," when speaking of men, the same is doubtless true of states, and Michigan was abundantly compensated in mineral wealth for whatever damage was done to her escutcheon. The chief value to Ohio of the territory contended for was the harbor at Toledo, formed by the mouth of the Maumee-essential, as her public men believed, to enable her to reap the benefit of the commerce made by the canals to Cincinnati and Indiana. Results have shown that they judged correctly, for Toledo has proved to be the true point for the meeting of the lake and canal commerce.


Thus the angry strife, resulting from a geographical error, was happily settled through the ascendency of conciliatory statesman- ship; and the citizens of the two commonwealths, once on the verge of open warfare, became united in a common interest, and nothing but tranquil and fraternal relations have since prevailed between them.


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CHAPTER IV


SETTLEMENT AND ORGANIZATION


T HE pioneer settlement of Fulton county was commenced nearly a score of years before the county, as a separate organization. had an existence. In the early part of the year 1833, Eli Phillips, with his young wife, came to the strip of territory then in dispute between Ohio and the territory of Michigan. Mr. Phillips was born in Berkshire county, Massachu- setts, December 18. 1806, and in early manhood removed to the State of New York. He entered his land in Fulton county, in :832, and removed here the following year. The deed for the lands he occupied was signed by Andrew Jackson, as president of the United States, and he lived thereon until his death, November 1, 1894. At the time of his settlement here, this region was a dense forest, inhabited by Indians and infested with wolves, wildcats, deer, and other animals; but he lived to see the forest lands almost en- tirely cleared of their timber. and beautiful, well cleared and excel- lent producing farms take the place once occupied by timber and marsh in nearly endless extent. Mr. Phillips was a lieutenant- colonel of the Michigan territorial militia during the "Ohio and Michigan war," and was present at the only "battle," in which, how- ever, no one was killed and only a few very badly scared.


Mr. Phillips was soon followed by other pioneers, among the names of whom are found Samuel Stutesman, Butler Richardson, Hiram Farwell, John Jacoby, Warren Dodge, Benjamin Davis, Chesterfield W. Clemens. George P. Clark. Daniel Berry and his son, Nicholas Berry. D. Barnes, David White. A. H. Jordon, Valen- tine Winslow and David Severance.


Samuel Stutesman was born in Washington county, Maryland, August 29, 1806. and settled in what is now Fulton county as early as 1833. Butler Richardson was born in Ontario county, New York. June 30. 1806, and settled in Fulton county very soon after Mr. Phillips, in 1834. John Jacoby came, in 1835. and died seven years later, in 1842. Warren Dodge settled in Fulton county, in 1834, coming here from New York, of which state he was a native. Benjamin Davis settled in 1839, and Daniel Berry in 1836, the lat- ter being a native of New Jersey. Dorsey Barnes was born in Washington county, Maryland, September 3, 1808, and entered his farm in German township, in September, 1834. Upon the same date, a party of men raised the first log cabin in German township, owned by Christian Lawver. David White was born in Orleans


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county, New York, October 2, 1818, and was one of the early pioneers of Fulton county, having settled here in 1834. He was a great hunter and game was abundant, but he found time to clear over one hundred and fifty acres of land and prepare it for cultiva- tion. He served as constable of Amboy township for a number of years.


Amos Hosmer Jordon, another of the old settlers, was born near Bellows' Falls, Windsor county, Vermont, September 9, 1813. In the year 1830, when he was seventeen years of age, his father's family left the Green Mountain State and removed to Michigan, locating at a point near the present city of Adrian, where Amos lived until he attained his majority. He then came over to the "dis- puted territory" and commenced the improvement of a quarter section of land, on section twenty-three. near Phillips' Corners. After much hard work in this wild and sparsely settled country, Mr. Jordon succeeded in making a fine farm, and through thrift and energy was quite successful. He became well known and acquainted with the county's people in the year 1851, at which time he was the contracting builder of the first court house at Ottokee. This was during the infant days of Fulton county, and any person then in any manner connected with the events of the time, was an exceed- ingly important personage. This work Mr. Jordon performed faith- fully and well, and at another time he held the position of district land appraiser for the townships of Pike, Dover and Franklin.


David L. Buler settled in Royalton township in 1834. He was born in Switzerland, January 4, 1816. and came to the United States when but three years old, remaining in New York city several years, and then came to what is now Fulton county. Jared Hoadly settled in Amboy township in January, 1834. . Chesterfield W. Clemens was the first settler in Chesterfield township, and he and his family located there, October 6, 1834. One of his six daughters is Mrs. John S. Butler, of Chesterfield township. Hiram Farwell and wife located in Gorham township. in the fall of 1834; Joseph Bates in Franklin, in 1833; Valentine Winslow in Pike, in the fall of 1833; John W. Harter in Fultor, in May. 1834; William Meeker in Swan Creek, in 1833; Elisha and William Trowbridge in York, carly in 1834, and at about the same time, William and John Jones, and William. John and James King located in the same .township. William Jones was born in Wayne county, Ohio, July 29, 1816, and died in Fulton county, in 1858. A colony consisting of Nicholas King, Jacob Bender, Christian Lawver, George Meister. Jacob Grundy, Moses Kibler, and Christian Rupp, with their families, and three young men-Jacob Roth. Christian Reigsecker and Michael Figy-the party numbering forty-three in all, arrived in German township and located there, in August, 1834. It seems that every township had a few settlers in 1834, except two-Clinton, which was settled in the fall of 1835. and Dover. where the first settlement was made in the fall of 1836. Elisha Williams was the first settler in Clinton, and William Jones the first in Dover.


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The year 1835 witnessed a considerable settlement by other fam- ilies, most of whom came from the states east of this. They came to build for themselves homes and farms in the new country which was then, among Eastern people, considered to be in the far West. and on the frontier of civilization and settlement; and so it was, at. the time, the now known western country being a vast, uninhabited tract, occupied only by the American Indian and an occasional trader, who had ventured so far from the center of settlement, for the purpose of barter among the tribes that swarmed over the re- gion. Among those who made a settlement here, during the year 1835, are found the names of Charles D. Smith and family, John S. Butler and his father, Asa Butler; Garner Willett, Amaziah Tur- ner, Ammi Richards, Alexander Vaughan. Alanson Briggs, Joseph Cottrell, Erastus Cottrell, Gorham Cottrell, senior, Sardis Cottrell, James Baker, Freeman Coffin, Clement Coffin, Martin Lloyd, Stephen Chaffee, Phillip Clapper, William Lee and others.


Charles D. Smith was born in Orange county. New York, July 24, 1811, and died in Fulton county, October 21. 1858. He was one of the pioneers of Fulton county, having settled here. as stated above, in 1835. He was county treasurer for seven years and filled other offices of trust, being a highly respected and honored citizen. . John S. Butler was born in Wayne county. New York. May 18, 1824, and settled here in 1835. being one of the pioneers of the county. He served as assessor of Chesterfield township for a number of years. When only a boy he served as the first mail carrier from Toledo, west to Angola, Indiana.


Garner Willett was born in Somerset county. New Jersey, De- cember 20, 1816, being of English descent on his father's side and Scotch and Irish on his mother's. He removed with his parents to New York, in 1835, and at the age of nineteen tock his rifle on his shoulder and started west. He visited Adrian, Michigan, and several places in Ohio. led a wandering but rather happy life, view- ing the country and killing deer, until 1837, when he bought a farm in Chesterfield township, now Fulton county. When he left his father's home his fortune consisted of thirty-five dollars and his rifle, and the money to purchase his farm was earned by the sweat of his brow, working on the Michigan Southern railroad and Illinois canal. He was present at the organization of Chesterfield township, being one of the pioneers of that locality, and endured many trials and privations. The nearest mill was thirty miles distant, at Tecum- seh, Michigan; and the nearest neighbor four miles distant; but the obstacles were overcome, and the old pioneer spent the last days of life in abundance and ease.




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