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 5
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ment with more than twice his own number, while Col. Vanfleet 'upheld the peace and dignity of the State of Ohio within the County of Lucas, against sixty times his own number without the loss of a single man or the shedding of one drop of blood.
I am aware that an official report of the holding of this Court was transmitted to the Governor of Ohio by Adjutant General Andrews which differs in many particulars from the one above given. It may be considered presumptuous to contradict an official document made out at the time of the transaction, by a statement from memory at this late day ; yet I am for the truth of history, while writing history ; and appeal to all the old residents of that day who were knowing to the facts, for the truth of the account I have given. That the reader may judge of the proba- bility of the truth of my account as compared with that given by the Adjutant General, I refer to appendix for his report. The excesses alluded to by the Adjutant General in his report, as having been committed by the Michigan forces, were rather against the property than the persons of the citizens of Toledo. No excesses were permitted with the knowledge of the General in Command. There was some private "bumming," however, for which no one was responsible but the individuals engaged. Poultry yards and potatoe patches suffered some. One morning Major Stickney saw something in his garden, made up of a human figure at one end and potatoe vines at the other. He hallooed, and asked what was going on there. A full dressed soldier stretched up and replied: " Drafting potatoe-tops to make the bottoms volunteer, sir."
On the 19th of Feb., 1846, the Legislature of Ohio by resolu- tion authorized the payment of three hundred dollars to Major Stickney for damages to his person and property, on account of depredations committed on him during this contest, and also authorized the Auditor of State to adjust and pay him all costs and expenses incurred by him on account of being arrested on the 8th of May and 20th of July 1835, and being taken to Monroe jail in Michigan.
Gov. Mason and Gen. Brown finding no further use for an armed force, repaired to Monroe and disbanded their army. John S. Horner, after this appears to have been the Acting Governor of
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Michigan. A lengthy correspondence was carried on between him and Gov. Lucas which resulted in the discontinuance of the prosecutions commenced under the act of the Territorial Legisla- ture of the 12th of February 1835, except in the case of Two Stickney, who stabbed Deputy-Sheriff Wood, in the previous July. Gov. Horner made a requisition on Gov. Lucas for him as a fugitive from justice. Gov. Lucas refused to give him up, claim- ing that the offence, if any, had been committed within the limits of Ohio, and that therefore the Courts of Michigan had no juris- diction over him. Although this refusal was in direct opposition to the views of the authorities at Washington, no serious difficulty grew out of it.
. The people of the disputed Territory from this time on, were left to regulate matters in their own way. Public sentiment among the inhabitants gradually settled down in favor of the Ohio jurisdiction, and peace and quietness were restored. The Boundary Commissioners, having failed to proceed to finish re- marking the Harris Line on the first of September as contemplated, resumed the work on the second of November, and completed it without molestation.
At the next session of Congress, on the 15th of June 1836, Michigan was admitted into the Union with her Southern bounda- ry next to Ohio limited to the Harris Line, and the disputed Territory was given to Ohio. Congress gave Michigan the valuable mineral lands adjoining Lake Superior to make up the loss of the Territory given to Ohio; both parties thereby acquiring lands that neither had any legal right to, after having exhibited their prowess in war without blood-shed.
In conclusion; wishing to give full justice where justice is due, I append copies of Gov. Mason's General Orders to the Army on the 6th of September, and General Brown's of the same date, and also the latter's of the 10th September 1835, to rebut any presump- tion that the "Toledo War" was a joke :
"GENERAL ORDERS, HEAD QUARTERS,
MULHOLLAND'S Sept. 6th, 1835.
The Command of the troops assembled by order of the Execu- tive, for the purpose of supporting the civil authorities in assert- ing the supremacy of the laws and maintaining the jurisdiction of
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the Territory, is hereby assigned to Brigadier General Josseph W. Brown, who is vested with the exclusive direction of all military operations which may from necessity be adopted.
The duty which the militia of Michigan are called upon to discharge, is one of a delicate and highly important character. It is only in support of the civil authorities that their services can be required, and it is expected they will act strictly in obedience to the orders of their Commanding Officer. The object to be accomplished, is the protection of the integrity of our Territorial limits, and the inviolability of our soil. To effect this, it is believ- ed is the determination of the citizens of Michigan, "peaceably if they can, forcibly if they must."
In the choice of commander of the detachment, regard has been paid to the selection of an officer, who from experience and ability might possess the confidence of those under his command, and it is trusted that that officer will surrender his charge, after accom- plishing the duty allotted to him, with the satisfaction of knowing that he has been placed at the head of men faithful in the dis- charge of their duties, both to the Territory and to the command- ing officer. STEVENS T. MASON."
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Order No. 3.
"HEAD QUARTERS, TOLEDO, September 6th, 1835.
The Commanding-General assumes the command of the Michi- gan Militia assembled by the order of the Executive, to defend and protect the Territory of the United States and support the laws, with feelings of pride. He does not attribute the responsible selection to any partiality of the Executive, but to the relation he bears to the military of Michigan, and to his ardent, though hum- ble disposition, to sustain, at all times and under all circumstances, the constituted authorities of his country.
In moments of peril the citizen soldier of America has ever exhibited the fearlessness necessary to preserve his country's rights and her sacred honor, and at the same time observe in his individ- ual deportment the strictest regard to the supremacy of the laws. The Commanding-General fcels confident that this high character will not be impaired, by those who from inferior sense of duty, have thus assembled at the call of the Executive, to maintain, if necessary, by force of arms the law of the land. Sprung from States distinguished in valor and for love of order, the citizens of Michigan, in converting the implements of peace into weapons of warefare, never will forget that the least individual violation of good order, tends to disgrace the character of the cause and soil the honor of the whole. Strict military discipline must be observ- ed. Implicit obedience to orders the duty of all.
Our cause is just. We assemble to defend from invasion our constitutional privileges. The voice of law calls us to the field,
THE NEWBERRY LIBRARY CHICAGO
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and although young in history, Michigan must be placed by us in the proud attitude of seeking to do no wrong, and never shrink- ing to defend the honor of the country and the inviolability of her soil.
By order of the Commanding General, ALPHEUS PHELPS, Aid-de-Camp."
" HEAD QUARTERS, FIFTH DIVISION, MICHIGAN MILITIA, }
Order No. 4. MONROE, September 10th, 1835.
The different Regiments, Battalions and Corps comprising the Brigade of Michigan Volunteers, now assembled at this place, will immediately be put in march by their several commandants for their respective homes. On their arrival at their usual places of rendezvous, they will be temporially dismissed, with orders to con- sider themselves in service for thirty days, and to hold themselves in readiness to march at a moment's warning, to such point as may be indicated by proper authority.
The ordinance and ordinance stores, arms and munitions of war, and public stores of ever description, will be turned over to Major Ulman, to be placed in public store in the village of Monroe.
In taking leave of the brave men he has had the honor to com- mand, Brigadier General Brown would do injustice to his own feelings did he neglect this opportunity of expressing his high regard for the manly and patriotic manner in which they have obeyed the call of the Executive to assist him in sustaining the laws of the Territory and the inviolability of its soil. Abandoning their homes, their pursuits and their comforts, they cheerfully repaired to the camp; and the General is convinced they would, with the same promptness, have marched into battle in defence of their country and its rights. Their condu ct while in arms has been worthy the noble cause which brought them together, charac- terized by a cheerful obedience to their officers, and a soldier-like respect for discipline and law. It has never been his fortune to meet his fellow citizens where they more completely secured his confidence and regard. Individually, Brigadier-General Brown returns his sincere thanks to the officers and soldiers of his com- mand, and while he bids them farewell, expresses his confidence that should their services still become necessary, they will with the same alarcity return to their duty.
By order of the Commanding General,
ALPHEUS PHELPS, Aid-de-Camp."
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APPENDIX.
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The following is the main part of Adjutant General Andrews, report, dated Columbus, September 19th, 1835 :
"The court was accordingly held under these circumstances : The judges and sheriff of the County met at Toledo on Monday, which was the 7th, and attended by a small posse, opened Court, organized, appointed their Clerk, County Commissioners, &c ; and after performing such business as was necessary for a complete organization of the County, and making up their record, adjourned without molestation. In the meantime, the opposing force had entered the place, and taken possession of the adjoining village, with the express purpose, as was declared, of preventing the session.
They had, it is asserted, information of the fact, and made arrangements accordingly. No interruption, however, took place, although with the exception of a few riflemen, not exceeding fifteen men with Col. Vanfleet, as a posse, the Court was without protec- tion, save what the unarmed citizens who were present, might have afforded.
Judge Higgins not having arrived, the Hon. William Wilson, the Hon. Baxter Bowman, and the Hon. J. H. Jerome, appointed judges, officiated. Horatio Conant of Maumee, was appointed clerk. Agreeably to the accounts contained in the "L'oledo Gazette extra, as well as from the testimony of such of the citizens as were present, every thing as to their organization and the performance of the business before them, was conducted by the court, on the occasion, with all the usual method ; all the attention to form and regularity which belongs to such proceedings, and of this the record of their business I afterwards saw, appears in evidence. During their session, and upon information of the fact being given to the / leaders in the hostile camp, a general rush is said to have taken place, and many buildings to have been assailed, while that in which the Court was sitting, which is stated as the public school house, and the only building of a public character in Toledo, remained undisturbed. I mention these facts by reason of the reports put in circulation by this opposing multitude, that the business was hurried through ; that the Court was convened at an unusual hour ; that there was a large force from Ohio present; with other pretences equally unfounded and extravagant.
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It appears that the multitude comprising this invading army, assumed as far as possible, upon entering Toledo, the appearance of a regular military force-were headed by the acting Governor of the Territory, accompanied by his officers in their uniforms, and attended with a numerous train of baggage waggons, contain- ing camp equippage, ammunition, provisions, whiskey, &c., and a piece of artillery. They entered Toledo on Sunday the 6th inst., where they remained until Monday, and some part of them until the Tuesday following, when they disappeared entirely, with the exception of a straggling band, who afterwards returned in search as was pretended, of the Judges of the Court, but engaging in the customary excesses and proceeding, to acts of violence against certain of the citizens ; the inhabitants were aroused to resistance, and they were forcibly expelled. Their whole number, upon entering Toledo, appears to have been not to exceed eleven hun- dred, and to have been reduced 'at the time of their retreat, to something between five and six hundred."
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