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 4
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As had been previously stated by Dr. Goodsell, Judge Higgins, the Presiding Judge of the Maumee Judicial Circuit, wrote at Perrysburg to Governor Lucas on the 20th of July, that " the law creating the County of Lucas requires that a Court of Common Pleas be holden in that County, on the first Monday in September next. My own convictions of duty will induce me to effect, if possible, a compliance with the requisition of that law, regardless of any personal consequences. I would, however, enquire wheth- er, considering the excitement of feeling indicated in the Terri- tory, in relation to the questions involved in this subject, there is not evidence enough of a disposition to resist the exercise of juris- diction to justify the Executive of Ohio in providing for sus- taining the authority of the Judiciary. * * * *
No apprehensions of a personal character can be recognized by myself as constituting a motive by which a compliance with my duty can be controlled or postponed; but I should feel acutely, as would every citizen of Ohio, the disgrace of the capture and abduction, by a Michigan mob, of a branch of the Judiciary of the State while actually engaged in the performance of Judicial functions."
On the 29th of July, Gov. Lucas wrote to Messrs. Patterson, Taylor and Seely, the Boundary Commissioners, informing them of the arrangement made with the President, and advised a com- mencement of the survey of the line on the 1st of September, at the point where they had left off.
He informed them that he had sent "225 rifles and 61 muskets, and equipments, to Port Miami, and would send on a number more soon, sufficient for the purpose of protecting the civil auth- ority in that county. They will be placed under the control of the Court, so that they can be had by the Sheriff, or other officer,
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if it should be deemed necessary to protect the civil authority. I will keep my attention directed to the proceedings of Michi- gan, and will make preparations accordingly, so as to protect the Court from insult while sitting, and the Commissioners while com- pleting the line."
The arrangement of the 3d of July made with Messrs. Swayne, Allen and Disney, defined the base of operations for Ohio. She now had the direct promise of the President that he would advise that "no obstruction shall be interposed to the remarking of the Harris Line, &c." Yet, the authorities of Michigan entirely disregarded these arrangements, as appears from the account of the arrests that were made during the month of July, at different times. Deputy Sheriff Wood was wounded on the 15th of July in attempting to arrest Two Stickney.
On the 29th of August Secretary Forsyth wrote to acting Gov- ernor Mason, informing him that his zeal for what he deemed the `rights of Michigan, had overcome that spirit of moderation and forbearance, which in the present irritable state of feeling prevail- ing in Ohio and Michigan, is necessary to the preservation of public peace. That the President felt constrained, therefore, to supersede him as Secretary of the Territory of Michigan, and appoint Mr. Charles Shaler, of Pennsylvania, to be his successor.
On the same day he made the following communications re- spectively to Mr. Shaler, and to Gov. Lucas :
DEPARTMENT OF STATE, WASHINGTON, August 29th, 1835. }
CHARLES SHALER, Esq .:
SIR: The President having found himself constrained by & high sense of public duty to supersede Mr. Mason, Secretary to the Michigan Territory, has appointed you his successor.
The Presidents' views of the course to be pursued by all the parties in this controversy, now unhappily pending between Mich- igan and Ohio, are fully shown in the various communications made by his discretion to your predecessor, and which you will find in the archives of his office. The President's opinions upon the whole subject have remained unchanged throughout. He has believed from the begining of the discussion, that without further legislation on the part of Congress, the country in dispute is to be considered as forming, legally, a part of the Territory of Michi- gan; and that the ordinary and usual jurisdiction over it should
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be exercised by Michigan. He has never admitted the right set up by Ohio; and, in his recommendations to both parties, which have been influenced only by a regard for the public peace, he has expressly stated that he does not desire, on either side, what would be inconsistent with their supposed rights ; and that what- ever temporary concessions might be made, with a view to pre- serve tranquility until Congress should decide, would not, and could not, effect the rights of either party; and in order to pre- vent any other than a peaceable decision of the question, he has stated distinctly what his duty would compel him to do, in the event of an attempt, on the part of Ohio, to sustain her jurisdic- tion over the disputed territory by force of arms. To avoid that necessity, his best exertions have been, and will be used.
He has seen, with regret, and surprise, that both the acting Governor of Michigan and the Legislative Council have sup- posed him to recommend an admission of the right of Ohio to the jurisdiction in question. Courtesy, if not justice, to a member of the Confederacy, requires that her pretentions should be respected as far as is consistent with the obligations of the Constitution and the laws. An acknowledgment of the right and the temporary arrangement to avoid the danger of hostile collision is, in no . respect, inconsistent with the obligations of the Constitution and the laws. Hostile array to decide what force cannot settle, the question of jurisdiction, within three months of the meeting of Congress, whose duty it will be to do justice to all parties, would be a disgrace to the Union, and a stain upon the character of Michigan, whose approaching admission into it, is hailed with joy by all its members.
As there has been exhibited, on the part of Ohio, a disposition not to enforce her claims, but only formally to assert them, an assertion supposed to be required by her character-until the meeting of Congress, it would be criminal in the authorities and people of Michigan, to seek, by any means to bring the question to a different issue.
The President has seen, with regret, the recent outrages com- mitted at Toledo, on the officers of Justice, who attempted to execute process under authority of Michigan, and he recommends that those of the offenders who resisted and wounded a civil officer in the execution of his duty, and have fled from the Territory, should be promptly demanded from the Executive of any State in which they may have taken refuge.
I am, sir, respectfully, your obedient servant, JOHN FORSYTH.
DEPARTMENT OF STATE, WASHINGTON, August 29th, 1835.
SIR: By the President's direction, I have the honor to trans- mit copies of two letters this day written to Mr. Mason and Mr.
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Shaler. They will show you the measures which it has been deemed advisable to pursue, and the views entertained by the President in the actual state of affairs resulting from the con- troversy between Ohio and Michigan.
He hopes that the proofs which these papers afford, of his earn- est and sincere desire to prevent any further collision between the authorities and citizens of the State and Territory, will be duly appreciated on all sides. He trusts that they will be met by measures dictated by the same spirit on your part. And as it is apparent, from the recent presentment of the Grand Jury of Wood county, that the inhabitants of Toledo have declined, at present, the jurisdiction of Ohio, he hopes that no attempt will be now made to exercise it within the disputed territory. Such an exercise cannot be necessary for the preservation of order or the administration of justice.
And the claim of the State having been publicly put forward in the face of the whole country, an omission further to enforce it, for the sole and understood object of maintaining the public tran- quility, until an opportunity of future legislation be afforded to Congress, cannot be considered as weakening any just foundation on which it may rest. By the exercise of this forbearance on your part, the President confidently believes, that further collision will be avoided, and the whole question be speedily adjusted, to the general satisfaction, without stain upon the reputation of your common country.
I have the honour to be, with high consideration, Your Excellency's obedient servant, JOHN FORSYTH.
His Excellency, ROBERT LUCAS, Governor of Ohio.
The allusion to the action of the Grand Jury of Wood county in the communication to Gov. Lucas, unexplaincd, is calculated to gain a wrong impression of the course the people of Toledo took at this time ; the facts are as follows :
The Court of Common Pleas for Wood county, sat in July. - Witnesses were sent before the Grand Jury and examined, who proved that individuals in Toledo had been elected and qualified to offices under the laws of Michigan, and had performed the duties of those offices in disregard of the laws of Ohio. Acts of assaults and battery and resistance of an officer in the execution of the duties of his office, and other offences, were also proved ; but as Lucas county, in which Toledo was situate, had been form- ed by an act of the Legislature in the previous month of June, and a Court was directed to be held in it on the 7th of the follow-
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ing September, and as these acts were alleged to have been com- mitted since the passage of the act creating it, the conclusion of the Jury was, that the offences should be tried in Lucas county, and not in Wood.
It was, therefore, a question of jurisdiction of Counties that the Grand Jury decided, when it ignored the indictments against these accused persons. A large and respectable portion of the people of Toledo, and of Wood county, approved of the action of the Jury. It was considered that the finding of indictments, and trying the accused, would accomplish no good result; but would have the effect to increase excitement and make the condition of society still worse.
These communications from Secretary Forsyth had the desired effect; although Gov. Lucas had modified his demands somewhat, previous to receiving them, it now was apparent that if he at- tempted to take forcible possession of the Territory, he would be met by the military force of the United States. Humbled by pride on the one hand, and a dread of a collision with the United States on the other, contributed to make his position an unpleas- ant one.
The whole attention of the country was directed to the contro- versy. To stop where he was, and wait the future action of Con- gress to settle the question, would be regarded as backing down; he must do something to extricate himself from this dilemma. How he succeeded in doing it, will appear in the following account of the first session of the Court of Common Pleas of Lucas county :
The Legislature had created a new County out of a portion of the disputed territory and a portion of its own proper domain, and called it Lucas, after Gov. Lucas. It had provided for the Court to be held on the 7th of September, at Toledo, within the disputed territory. The actual holding of that Court would be an exer- cise of a greater jurisdiction than was contemplated in the pro- positions of Messrs. Rush and Howard, or in the concession of the President to Messrs. Swayne, Allen and Disney. If the authori-' ties of Michigan would keep quiet, there would be no obstacle in the way of holding the Court; although it would be an exercise of jurisdiction over territory not belonging to Ohio, in derogation
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of the authority of the United States. Although Gov. Mason, whose acts had been universally approved by the people of Mich- igan, had been removed, and Mr. Shaler appointed in his place, who was supposed to be more conservative in his views of the con- troversy, yet the performance of an unlawful act in a lawful man- ner, was no easy matter. As it was out of the question to think of resorting to force, to accomplish the object, brains were used in the plase of muscle. .
Gov. Lucas sent his Adjutant-General, Samuel C. Andrews, to Lucas county, to advise with the Judges and officers, and engineer generally the holding of the Court. The Adjutant-General di- rected Col. Vanfleet to call out his regiment, to act as a posse sub- ject to the orders of the Sheriff, for the protection of the Court. Andrew Coffinbury, an old and experienced lawyer, was en- gaged by the Governor, to act as an assistant Prosecuting Attor- ney. Col. Vanfleet promptly obeyed the call, and ordered his regiment to rendezvous at Miami, to be in readiness to serve as the Sheriff's posse. Adjutant-Gen. Andrews, accompanied by Major- Gen. Bell, took up quarters at the hotel, in Toledo, demeaning themselves as private citizens, just happening to be there. Accord- ing to previous arrangement, the Judges, Sheriff, and attendants, met at Miami, on Sunday afternoon, of the 6th of September, to proceed together to Toledo the next morning, under the escort of Col. Vanfleet, to hold the Court.
Col. Vanfleet had only about 100 men of his regiment on the ground. This force was deemed sufficient to dispurse any mob that might collect, and it was uncertain whether there would be any obstruction at all. Just at evening, while the Judges and the Colonel were arranging matters, preparatory for a start the next morning, a scout whom the Colonel had sent out to reconoitre, came in and reported that Gen. Brown had just arrived at Toledo with a large military force, to prevent the holding of the Court. He was reported to have 1200 men completely armed with mus- kets, and a train of artillery .*
*Gen. Brown corrects this account by stating that his main force halted at Mulholland's, and remained there on the night of the 6th, and that he sent Col. W. Wing forward to Toledo with a detachment of 100 men, to watch the Judges, and arrest them, if they attempt. ed to open Court. The main force arrived at Toledo next day. This account of Gen. Brown, I accept as true, rather than the report of the scout.
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The Judges were confounded with fear at learning these facts- Col. Vanfleet, at once, ordered his men to form into line ; the re- port brought by the scout was discussed by Judges and Sheriff; some of them were in favor of giving up, and not attempt to hold the Court ; some said they would be laughed at, if they backed out; that it was their duty to make the attempt. The subject was discussed pretty freely without arriving at any definite conclusion. Judge Higgins and Andrew Coffinbury were not present, and therefore, the Associate Judges hesitated the more, on that ac- count. They did not feel like taking so much responsibility on themselves alone, without the President Judge and the able assist- ance of the "old Count."
As they could not come to an understanding among themselves, as to the proper course to pursue, they agreed to leave the matter with Col. Vanfleet, and abide by his decision. While this dis- cussion was going on, the Colonel did not say a word ; but with sword in hand, walked up and down the line in front of his men, and within hearing distance of the Judges. Those that were opposed to going to Toledo, were in favor of leaving the matter with the Colonel, supposing that he would not think of exposing his 100 men, to be gobbled up by 1200; and would, therefore, decide not to go, and relieve them from the responsibility of re- fusing. The Colonel, fruitful in military expedients that would have done credit to a veteran of the regular army, already had his plans arranged. He turned to the Judges, and with a deter- mined military bearing, exclaimed, " If you are women, go home ; if you are men, do your duty as Judges of the Court; I will do mine. If you leave the matter entirely with me, I will be re- sponsible for your safety, and insure the accomplishment of our object ; but if otherwise, I can give you no assurance."
This settled the discussion ; the honour and safety of the Court, and the " peace and dignity of the State of Ohio," were placed in his keeping. He addressed his men, and told them that he was about to undertake a hazardous expedition, and wanted the ser- vices of 20 of the best men in the regiment to go with him, and the balance to remain in Camp, ready for orders. All those who were willing to share the dangers and honor with him in uphold-
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ing the authority of the State, and protecting the dignity and honour of the Court, were requested to advance 4 paces to the front. Thirty as brave men as ever faced a foe, advanced; and twenty out of that number were selected. He was restricted to 20 men, as he had only horses enough to mount that number. He gave orders to Capt. Granville Jones, the officer left in com- mand of the camp, to be prepared to execute any orders that he might send him. He told the Judges that the 7th of September would commence immediately after midnight, and that there was no hour specified in the law when the Court should be opened. Gov. Lucas wants the Court held, so that by its record, he can show to the world that he has executed the laws of Ohio over the disputed Territory, in spite of the vapouring threats of Gov. Mason. If we furnish him that record, we shall accomplish all that is required. Be prepared to mount your horses to starte for Toledo at precisely 1 o'clock, A. M. I will be ready with an escort to protect you."
At the hour named, the Judges and officers of Court, were promptly in the saddle. Col. Vanfleet was ready with his 20 men, mounted and completely armed. Each man had a rifle in addition to his two cavalry pistols. They proceeded to Toledo, reaching there about three o'clock, A. M., and went to the school house that stood near where Washington street crosses the canal, and opened Court in due form of law. Junius Flagg acted as Sheriff. The proceedings were hastily written on loose pieces of paper and deposited in the Clerk's hat. When the Court adjourn- ed, the officers and escort went to the tavern, then kept by Mun- son H. Daniels, not far from where the American House now stands, kept by J. Langderfer, registered their names and took a drink all round; while filling their glasses for a second drink, a mischievous wag run into the tavern and reported that a strong force of Michigan men were close by, coming to arrest them. They dropped their glasses, spilling the liquor they intended to have drunk, and sprang for their horses with all possible haste, leaving bills to be settled at a more leisure time. As they had accomplished the work intended, speed was of more importance
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than valor. A backward charge from the enemy was made at the top of the speed of their horses.
They took the trail that led to Maumee, by way of the route nearest the river. They went at such a furious speed that, if their charge had been made in the opposite direction towards the ene- my, they would have pierced the most solid columns. When they arrived at the top of the hill, near where the Oliver House now stands, not discovering the enemy in pursuit, they came to a halt and faced about. It was then discovered that the Clerk had lost his hat, and with it the papers containing the proceedings of the Court, from which the record was to be made up. The Clerk wore one of those high bell-crowned hats, fashionable in those days, and which he used for carrying his papers as well as cover- ing his head. It was then the custom in travelling to carry every thing in the top of hats, from a spare collar and dickey to Court papers. The hat of the Clerk, reaching high above his head, burdened with its load of papers and other incumbrances, was steadied on by the left hand for greater safety, while the right held the reins. But in spite of this precaution, it struck against ยท an overhanging limb of a tree with such violence, that it was knocked off and fell to the ground. Having succeeded in holding the Court without molestation or blood-shed and now losing the papers, would leave them in as bad condition, or worse, than if they had done nothing, in case they should fall into the hands of the enemy. Notwithstanding, they all believed they had been discovered and pursued, and might be surrounded by superior numbers and taken, if they delayed; yet the importance of re- covering the papers was such as to nerve them to the boldest dar- ing. Col. Vanfleet's courage and tact did not desert him in this emergency. He had succeeded in accomplishing what had been contemplated ; and now their labour would be lost, and the expe- dition be an entire failure, without a recovery of the papers. With him, to will, was to do. He directed the Clerk and two of the guards to dismount, and feel their way back carefully in search of the papers, while the balance of the posse kept watch, to cover retreat. He cautioned them to move with as little noise as
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possible, and if likely to be discovered by the enemy, to conceal themselves, and watch their movements so that they could use the best possible advantage to accomplish their object. The. orders were, that nothing but utter impossibility would excuse a failure to recover them. The search proved safe and successful ; the hat was found and the papers recovered. The party reported no enemy in sight. The State of Ohio was now triumphant; a record could be, and was made up, and still exists, to prove that the State of Ohio on the 7th day of September, 1835, exercised jurisdiction over the disputed Territory, by holding a Court of Common Pleas in due form of law. Here is the record made up from the re- covered papers :
" 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 Monday, the 7th day of September, Anno Domini, Eighteen Hundred and Thirty-five. Present, the Honourable Jonathan H. Jerome, Senior Associate Judge, of said County; their Honours, Baxter Bowman and William Wilson, Associate Judges. The Court being opened in due form by the Sheriff of said Country. Horatio Conant being appointed Clerk of said Court, exhibited his Bond, with sureties accepted by the Court agreeably to the Statute in such case made and provided. The Court appointed John Baldwin, Robert Gow- er and Cyrus Holloway, Commissioners for said County. No further business appearing before said Court, the Court adjourned without day.
J. H. JEROME, Associate Judge."
The feeling of joy at recovering the papers was so great, that Col. Vanfleet ordered two salutes to be fired on the spot. He well knew that the distance to the line of the State, where there was no dispute about jurisdiction, was but small, and that if pursued, they could reach there before being overhauled. The party pro- ceeded to Maumee at a leisure pace, reaching there a little after day-light.
While the Court was in session Col. Wing, with a detachment of 100 men, was stationed in the village to watch the Judges, and arrest them if they appeared and attempted to hold Court. The failure to discover the Judges was no evidence of lack of vigilance on the part of the Michigan authorities. Gen. Brown did his 6
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duty. He had never witnessed the opening of Courts at that early bour in the morning, and was, therefore, taken entirely by surprise. The first intelligence that he and most of the citizens of Toledo had of the holding of the Court, was obtained after they heard the salute fired by the escort. Gen. Brown and Gov. Mason were very much disappointed. Although on the 29th of August, a communication was written notifying Gov. Mason that he had been superseded by the appointment of Charles Shaler, in his place, yet he accompanied the expedition, and on the 6th of September issued a General Order as the Executive of Michi- gan, assigning Gen. Brown to the chief command of the military forces. Charles Shaler does not appear to have accepted the appointment.
Although it may be a nice question to determine how much Ohio gained, or Michigan lost, by this contest, yet it must be ad- mitted that, according to the usual tactics in war, Ohio was justly entitled to the victory. It was no ordinary achievement. Col. Vanfleet, with only 20 men, almost in the face of 1200, sixty times his own number, by strategical movements, achieved a vic- tory that another commander might have lost with the destruc- tion of all his forces.
Ohio had determined that she would get possession of the dis- puted territory ; Michigan had equally determined that she should not until a higher power than herself gave it to her. The Presi- dent said Michigan was right in her claim, but that she ought to be polite and respectful to Ohio as a full grown sister in the Union. Michigan insisted that her not being of age, should not deprive her of the privilege of protecting her rights. She carried out her resolution in spite of the parental advice at Washington. She met Ohio with commendable pluck and ample force, to learn by experience the important truth that "the battle is not always to the strong, nor the race to the swift." Whatever of honor or advantage the State of Ohio gained in this contest, she owes to Col. Vanfleet, the General Jackson of Lucas County. General Jackson saved New Orleans and upheld the honor and glory of the American Flag with the loss of only seven men in an engage-
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