USA > Ohio > Lucas County > Toledo > The facts and historical events of the Toledo war of 1835, as connected with the first session of the Court of common pleas of Lucas County, Ohio > Part 3
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made good time on foot through the cotton-wood swamp, and arrived safe at Perrysburg the next morning with nothing more serious than the loss of hats and their clothing, like Gov. Marcy's breeches without the patch.
WM. McNAIR, Under-sheriff.
The breaking up of the surveying party and the report they made of the treatment they had received, produced great excite- ment throughout Ohio. The press spread the news with such comments as corresponded with their views. Most of the papers advocated the course of the Governor, and severely condemned the conduct of Michigan. However, some few of the Whig or Anti- Democratic in politics, took an opposite view, and condemned severely the conduct of Gov. 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 presses that spoke freely against the course pursued by the State, were very few. Gov. Lucas, finding it im- practicable to run the line or enforce jurisdiction over the disput- ed Territory, as proposed by Messrs. Rush and Howard, called an extra session of the Legislature to meet on the 8th of June. That body passed an act "to prevent the forcible abduction of the citi- zens of Ohio." The act had reference to counteracting the previ- ous acts of the Legislative Council of Michigan, and made the offense punishable in the penitentiary not less than three nor more than seven years. An act was also passed to create the new county of Lucas out of the north part of Wood county, and em- bracing the disputed Territory north of it, and a portion of the north-west corner of Sandusky county. It attached the county to the Second Judicial Circuit, made Toledo the temporary seat of Justice, and directed the Court of Common Pleas to be held on the first Monday of September then next, at any convenient house, in Toledo. There was an act passed, entitled
"AN ACT accepting certain propositions made by the Commissioners appointed by the President of the United States relative to the Northern Boundary of the State."
(This act is of so much importance in the history of this controversy, that I shall make no apology for copying it entire, including the "whereas.")
"WHEREAS, The legislature of Ohio at its last session, passed an act providing for the extension of her jurisdiction over that part
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of her Territory claimed to belong to the Territory of Michigan ; And whereas, the civil and military elections under the laws of Ohio have taken place throughout the disputed Territory, and the organization under the same is now in all respects complete; And , whereas, this legislature considers the right of the State to the dis- puted Territory as clear and perfect as her right to any other part of her territory lying within her admitted limits; And whereas, great and lawless outrages have been perpetrated by the author- ities of Michigan upon the citizens of the disputed Territory, for recognizing the laws and rightful jurisdiction of the State within whose limits they reside; And whereas, this legislature feels bound to protect said citizens from a repetition of such outrages ; yet, as the President of the United States, acting through the Hon. Richard Rush and Benjamin C. Howard, Commissioners on the part of the President, and his Excellency the Governor of this State, entered into an arrangement on the 7th day of April last, having for its object the temporary adjustment of the difficulties appertaining to the possession of, and jurisdiction over the said disputed Territory, the terms and provisions of which arrange- ment were as follows, viz:
First, that Harris' Line should be run and re-marked pursuant to the act of the last session of the legislature of Ohio, without › interruption.
Second, 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 after the close of the next session of Congress; And whereas, the legislature is willing, from a desire to preserve the public peace and harmony, to observe the stipulations of the arrangement aforesaid : provided its observance on the part of Michigan be compelled by the United States, and the proceedings of Michigan in violation of that agreement be immediately discontinued and annuled. Therefore,
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That his Excellency the Governor, be and is hereby request- ed to observe and comply with the terms of the arrangement entered into on the 7th day of April last, by and between the President of the United States, acting through the Hon. Richard Rush and Benjamin C. Howard, Commissioners duly appointed by the President of the United States, and his Excellency the Governor of this State; and if all the terms and stipulations of said arrangement shall be faithfully observed on the part of the United States, and all bonds and recognizances taken, and prose- cutions and indictments commenced under the act of the Legisla- tive Council of Michigan of the 12th of February, A. D. 1835, shall be immediately discharged, annulled and discontinued ; then
----
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and in that case, the action and operation of all laws and parts of laws of this State inconsistent with the terms of said arrangement, is hereby suspended until after the close of the next session of Congress.
Sec 2. That if the United States, or the authorities acting un- der the United States, shall, within the time specified in said arrangement, do any act inconsistent with the terms thereof; or, if said bonds, recognizances, indictments and prosecutions, shall not be immediately discharged, discontinued and annulled as aforesaid, then this act to be null and void.
Sec. 3. That the Governor of this State be, and he is hereby authorized and required to issue liis Proclamation, whenever in his opinion the terms and stipulations of said arrangement have been violated, declaring such to be the fact; and from and after the date of such Proclamation, the suspension of all laws and parts of laws aforesaid, shall cease and determine.
June 20, 1835.
JOHN M. CREED, Speaker of House. Representatives. DAVID T. DISNEY, Speaker of the Senate."
An act was also passed, making appropriations to carry into effect all laws in regard to the northern boundary. Three hun- dred 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. A resolution was adopted invit- · ing the President to appoint a Commissioner to go with the Ohio Commissioners, to run and re-mark the Harris Line.
These proceedings changed the issue. The proceedings of the previous regular session of the legislature, made Richard Roe or Michigan, defendant, but now the United States became defendant as claimant of title in fee. The determined attitude of Michigan to prevent Ohio from exercising any authority over the disputed Territory, 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 Old Gov- ernor Lucas, and the military power of a State of a "million" inhabitants. Gov. Lucas, through his Adjutant-General, Samuel C. Andrews, called upon the Division Commanders to report as soon as possible, the number of men in each Division that would
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volunteer to sustain him in enforcing the laws over the disputed Territory. Fifteen out of seventeen Divisions into which the State was divided, reported over ten thousand men ready to volun- teer. About two thousand men were estimated for the two Divis- ions that did not report. These proceedings on the part of Ohio made the authorities of Michigan perfectly furious. They dared the Ohio " million" to enter the disputed ground ; and "welcomed them to hospitable graves." Prosecutions for holding office under the laws of Ohio, were conducted with greater vigor than ever. For a time, the people of Monroe county were kept busy in acting as the sheriff's posse, to make arrests in Toledo. The commence- ment of one suit would lay the foundation for many others. Probably there is no town in the West, (always excepting Law- rence in Kansas,) that has suffered more for its allegiance to its . Government, than Toledo.
The partizans of Ohio were continually harrassed by the author- ities of Michigan for the greater part of the summer of 1835. An attempt was made by the authorities of Ohio to retaliate in kind; but for some reason or other the accused would manage to escape into Michigan proper, or hide at home. Whenever the sheriff of Wood county attempted to make an arrest, there would generally be spies watching his coming and communicate the fact to the accused persons in time to hide, or make their escape out of the place. The town was kept in a great uproar much of the time in watching the movements of the Bailiffs of Monroe and Wood counties. Major Stickney, George Mckay, Judge Wilson and many others, of the Ohio partizans, were arrested and taken to the Monroe jail. When Major Stickney was arrested, he fought and resisted the officers valiantly, and was assisted by his whole family, who fought and resisted until they were overpowered by superior numbers. After the Major was arrested, the officer requested him to get on a horse and ride to Monroe. He refused. The officer, with the assistance of his posse, put him on by force. He would not sit on the horse. Two men, one on each side, held him while a third man walked ahead and led the horse. In this way they got him about half way to Monroe, when the men getting
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tired of holding him on, took a cord and tied his legs together under the horse's body, and in that manner conveyed him the balance of the distance. This is the account the Major himself gave of his arrest and transportation. The deputy-sheriff of Mon- roe county, Joseph Wood, attempted to arrest Two Stickney, a son of Maj. Stickney. A severe scuffle ensued. Stickney got a small pen-knife out of his pocket and stabbed Wood in the left side, causing the blood to run pretty freely. Wood let go his hold and Stickney made his escape into Ohio proper. Wood was carri- ed home by his friends, as was said, in a dying condition, but really, was very little hurt. The grand-jury of Monroe county indicted Stickney for an assault on the sheriff with a dirk-knife. A warrant was issued on the indictment, but could not be served, in consequence of Stickney fleeing into Ohio and remaining there. Governor Lucas refused to give him up, alleging that the offense, if any, was committed within the limits of Ohio and that the re- quisition of the Governor of Michigan was without authority of law.
On one occasion, an officer with a posse attempted to arrest an individual in the night. The individual had but a moment's warn- ing of the approach of the officer, and started to run. The officer . got sight of him and took after. The speed of the two was in pro- portion to the inducement each had for running. One ran for his fee, the other for his liberty. The liberty inducement prevailed. After a run down the river for about a quarter of a mile, the pur- sued man jumped straddle of a saw-log lying near shore, and with his hands and feet paddled across the Maumee river and made his escape. It was not generally known who this individual was, but was believed to be Andrew Palmer, then Editor of the Toledo Gazette. Palmer was a very active partisan for Ohio, and kept Governor Lucas informed of what was going on. He was regard- ed as the Governor's right-bower at Toledo, and received from the Michigan partisans the sobriquet of " Governor Palmer."
A Mr. Holloway in Sylvania township, a very excellent good man, was elected and qualified as Justice of the Peace under the laws of Ohio. He, too, was spotted for vengeance. Apprehend-
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ing that the officers would be after him, he hid himself in the woods, and lived alone in a sugar-camp shanty for some days. He being a very pious man, his partisan friends, who were fond of the marvelous, reported that Providence had wrought a miracle in his behalf; that little robbins went to his house daily and took food and carried it to him during his stay in the woods. Many of his partisan friends believed it; they claimed it as high proof of the justness of the claims of Ohio to the Territory, and that Providence was on their side. If I had no other information of this transaction than the common marvelous reports prevalent at the time, I should be obliged to leave you to believe it or not, just according to your faith in modern miracles. But the miraculous part of the story rested on a very slight fiction. Mr. Holloway's little children daily took food to him from the house; they had a pet robbin, and usually took it with them; hence, I presume, the robbin story arose; it probably did some good in supporting some persons in their afflictions.
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George Mckay and Dr. Naman Goodsell, of Toledo, came in for their share of the vengeance of Michigan for the part they took for Ohio. I will let the Doctor tell his own story about himself and Mckay in the following communication to Governor Lucas:
" PERRYSBURG, JULY 19, 1835.
"SIR: I am now at this place, after a voyage of twenty-four hours, via the woods. Since writing you last, the inhabitants of Toledo have been more or less annoyed by the authorities of Michigan. Yesterday, as I was sitting at dinner, Mr. McKay rode up in haste and exclaimed, I had only time to mount my horse if I meant to escape; that the Michigan forces to the amount of three or four hundred were then in the village. I snatched my rifle and mounted instantly, when we both made for the woods, as all other ways of retreat were cut off. In a short time we found ourselves pursued by a detachment, when we separated, Mr. McKay depending upon the speed of his horse, which I have reason to suppose soon left them; but as I had not a fleet horse, I soon dismounted, tied my horse, and placed my back against a tree, and determined to await their assault; but their whole attention seemed directed to MeKay. I waited in my position one hour, and as they did not return for me, I went in pursuit of them, but could not fall in with any scouts. When night came on, I procured a canoe and was put across the river three miles below the village, where I remained during the night,
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and this morning my horse was brought across, and I have made my way to this place.
Mr. Mckay, as I understand, was taken at about six o'clock. Mr. Stickney and several others were also taken, and started for Monroe. Their treatment will undoubtedly be severe, as it is de- clared at Monroe, that the first man bailing a Toledoan, shall be tarred and feathered.
Judge Higgins is here, and will write you on the occasion. The force which entered Toledo is differently stated at from two to four hundred, but I suspect there were not over two hundred and fifty, those of the lowest grade, led on by the Governor's Aid- de-camp, Col. Humphrey, and others. Their conduct was such as might be expected from that class under the excitement ; a set of lawless desperadoes, under leaders that did not wish to exercise any restraint.
I have it from good authority, that Governor Mason says that he has received a request from the President to comply with the arrangement of Messrs R. & H., but that he will not, let the con- sequences be what they will.
We suppose Mr. Secretary Cass must have been at least know- ing to this late move, as he wrote to Major Stickney that he should be at this place this day, but has not come.
I shall endeavor to return and take away my family to-morrow, if possible, but shall not bring them to this place, as the actions of most here seem to say "we rejoice in your troubles."
Now for conclusions-our people are getting discouraged ; we have no arms, nor succor sent us, which they construe into neglect.
I endeavored to cheer them, but it is difficult to comfort them. The continued harrassing, together with the frowns of our neigh- bors, are surely hard things to bear up against.
I shall write again as soon as as I find a resting place.
I remain, dear sir, with due respect, Your obedient servent,
His Excellency, ROBERT LUCAS, Columbus, Ohio."
N. GOODSELL.
J. Q. Adams, the District Attorney of Monroe county, Michi- gan, reported to Gov. Mason on the next day after Dept. Sheriff Wood was stabbed, a detailed statement of the whole affair, accom- panied by numerous affidavits.
Adams' account of the matter was forwarded to President Jack- son with an urgent appeal for his assistance. He represented that Two Stickney, who had stabbed Wood, had fled into Ohio and was protected by Gov. Lucas. These representations made a strong impression upon the President, that something must be done to check the tendency towards more serious troubles.
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Gov. Lucas, soon after the adjournment of the extra session of the Legislature, perceiving that what had been done had caused considerable uneasiness at Washington, for the peace of the coun- try sent to Washington, N. H. Swayne, W. Allen and D. T. Dis- ney, to confer with the President on the subject of the boundary difficulties.
The communications that took place between them and the Secretary of State, John Forsyth, so fully presents the points of difficulty, and the objects to be accomplished by Ohio, that I will present the correspondence entire. These proceedings took place a little more than a fortnight previous to the stabbing of Wood :
" WASHINGTON, July 1st, 1835.
SIR: In accordance with the wish intimated by the President, at the close of our conversation this morning, we proceed to com- mit to writing the substance of the suggestions which we then had the honour to submit.
Before we do so, permit us to repeat, that although we have re- paired to Washington at the instance of the Governor of Ohio, as indicated in his letter of which we were the bearers, we appear in the character of private citizens, none other.
The purpose of our visit is expressed in the letter referred to; it is to bring about a more full and satisfactory mutual under- standing than is believed at present to exist, and to aid in avert- ing the unpleasant consequences which might otherwise possibly arise from the existing posture of things.
The arrangement entered into at Perrysburg with Messrs. Rush & Howard on the 7th of April, ultimo, (vide documents, page 30,) provide :
1st. That Harris' Line should be run and re-marked, pursuant to the act of the Legislature of Ohio, without interruption.
2d. That both parties should abstain from forcible exercise of jurisdiction upon the disputed territory, until after the close of the next session of Congress.
The compromise bill of Ohio (as it is termed) contemplates that this arrangement should be carried out, and that whatever has been done inconsistent with its provisions, should be undone, or in other words;
1st. That the pending recognizances and prosecutions under the act of Michigan, of the 12th of February, 1835, shall be dis- charged and discontinued.
2d. That no new prosecutions under this act shall be instituted.
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3d. That "Harris' Line" shall be run and re-marked by the authorities of Ohio, without interruption from those of Michigan.
4th. That no forcible opposition be made by the authorities of Ohio or Michigan to the exercise of jurisdiction by the other upon the disputed territory within the time specified, the citizens residing upon the territory in question resorting to the one juris- diction or other as they may prefer.
What Ohio expects and desires, as indicated by the bill re- ferred to, is as follows:
1st. That the authorities of Michigan shall not interrupt the running and re-marking of the "Harris Line " by Ohio.
2d. That the authorities having charge of the prosecutions under the act of Michigan, above mentioned, shall discontinue those prosecutions, and discharge the recognizances taken for the appearance of the defendants, and that they abstain from institu- ting any new prosecutions under that act within the time stated.
The President remarked that he believed advice from the pro- per source, to the authorities of Michigan upon those points, would prove effectual.
In this opinion we concur undoubtingly. The steps suggested would, therefore, remove all practical difficulty, and prevent the possibility of an armed collision, growing out of the subject.
Under such a state of things, we feel authorized to say, that while the authorities of Ohio would, as far as possible, consistent with the arrangement of the 7th of April, exercise a peaceable jurisdiction upon the disputed territory, she would do nothing to prevent the exercise of a like jurisdiction by the authorities of Michigan ; and that hereafter, as heretofore, she would manifest a spirit of the utmost forbearance, until Congress at its next ses- sion, shall have acted upon the subject, and settled authoritatively the contested question of right.
As respects the appointment of a Commissioner on the part of the United States to aid in re-marking the line, that proposition was made by the Legislature of Ohio in courtesy to the General Government.
There is nothing in her legislation which makes the appoint- ment material. We deem it unnecessary, therefore, to remark further upon this point.
In order to render this communication as brief as possible, we have abstained from the discussion of all considerations touching the merits of the controversy.
With great respect, we are, sir, Your most obedient servants,
N. H. SWAYNE, D. T. DISNEY. W. ALLEN.
Hon. JOHN FORSYTH,
Secretary of State, U. S."
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" DEPARTMENT OF STATE, WASHINGTON, July 3d, 1835. S
GENTLEMEN: Your letter of the 1st instant, written in your character of private citizens, was received yesterday.
By the direction of the President, to whom it has been submit- ted, I now have the honor to reply.
In every thing that has been done or suggested by the Presi- dent, or by his authority, in regard to the question of the North- ern boundary of Ohio, he has been influenced solely by a desire to prevent, without prejudice to the rights of any one, collisions be- tween the authorities of the General, State or Territorial Govern- ments, that would be destructive of the public peace, and bring dishonour upon the institutions of the country.
If his views and wishes have not been correctly understood in Ohio, he is happy to believe that the free communications which you have had with him, and with the head of this department, will enable you to correct the misapprehensions that may exist upon the subject in any quarter.
This department has never been advised by Messrs. Rush and Howard of the arrangements stated in page 30 of the documents published at Columbus by order of the State of Ohio, to which you refer as having been entered into by them at Perrysburg.
The President is, however, induced to believe from the recent proceedings of the Legislature of Ohio, as explained by your letter, and the late resolutions of the Convention of Michigan, that an informal understanding may be produced, through the instrumentality of this department, which will meet the wishes of all, and effect the great object he has been most anxious to promote, the mutual suspension, until after the next session of Congress, of all action that would by possibility produce collision. Supported in this belief by your letter, which he understands to be conformable to the wishes and instructions of Governor Lucas, the President, without taking upon himself any other character than that in which he has heretofore acted, will cause an earnest recommendation to be immediately sent to the acting Governor of Michigan, and the other authorities of the Territory, whom he can rightfully advise in the performance of their duty, "that no obstruction shall be interposed to the re-marking of " Harris Line;" that all proceedings already begun under the act of February, shall be immediately discontinued ; that no prosecu- tions shall be commenced for any subsequent violations of that act, until after the next session of Congress, and that all ques- tions about the disputed jurisdiction shall be carefully avoided, and if occuring inevitably, their discussion shall be posponed until the same period."
The President confidently trusts that this recommendation, which he believes required by a regard for the public safety and
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honour, will be effectual with the authorities of Michigan, and will not fail to exercise all his constitutional power in this, as in every other instance, to preserve and maintain the public tran- quility. I have the honour to be, gentlemen,
Your obedient servant, JOHN FORSYTH.
Messrs. SWAYNE, ALLEN and DISNEY."
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