Seneca County, Ohio - Chapter 25: The Toledo War, 1880

A FT KK. the terrible scourge of Asiatic cholera in 1X34, the next subject that aroused public attention in Seneca counts', \vas the question ot the northern boundary ol Ohio, which became very serious in all its aspects, and threatened to lead to bloodshed between the borderers of Ohio and the territory ot' Michigan. The subject is nearly los,t si^ht ot, and would not be mentioned here because the question in itself had no effect upon Seneca countv directly, but when soldiers were called out to protect the citi/eiiM of ( )hio alon^ the disputed border, it wa> found that the disputed line was in the i;th division, in which M ajor ( icncrai |ohn Hell, ot Lower Sandusky. was the commanding general, and Seneca county was in one ot the brigades in that division, and under obligations to turnish her quota ot the troops called out by (iovernor Lucas. It theretore became a matter ot interest to Seneca county after all. and especially when about ^oo men. " armed and equipped as the law directs." left Tiffin with their bai^a^e and tents in wagons, and provisions lor an indefinite time. ( 'olonel I lenrv (.', I'.rish led these < iti/cii soldiers as their commander, to report to ( ieneral I Sell. |ohn W. Patterson was captain ot one company, and lolin Walker was quartermaster. 1 remember also that John Adelsberger refused to come to time, and lie was arrested and put under ;_ruard. but they took him aloim. Some of the otticei's were only but partlv unil'ormed: the rest marched into line in citi/.ens < lothes.

This was (DO much tor the ludge. and he roared out in stentorian tones: " Mr. Sheritf, take Captain Scott and his music organ to jail, and lock them up. Mr. Prosecuting Attornev. draw up an information against these men tor contempt o! court, and have the case ready tor hearing to-morrow morning."

|onas Pratt, the sheriff, started with the men to execute the order. Scott and Odie followed willingly until they came to the corner of the building where a path led to the log jail, on t-he rear of the lot. Here Scott ami < >dle square.il themselves before the .sheriff and refused to go further Scott told the sherilt that in the emergency ot war the military was above the civil power, and that it judge Higgins would undertake to press this thing any further, he would declare martial law. and do with ludge Higgins as Oeneral Jackson did with ludge Hall at New ( Irleans, and have them both arrested.

--That is right: that is right, Captain." said Odie. at the same time doubling up his two hands to about the si/e ot elephant's leet. "That's the wav to I ilk 15'illy tor you, Cap.: stand off. Sheriff." The crowd ot bystanders were on the side ot war. and the sherilt was strongly im pressed with the idea that ludge Higgins' orders could not be executed just then. He retreated up stairs to the court room and reported accordingly.

The ludge never said a word in reply, and continued in the trial of the case on hand as if nothing had happened. Odie slung the drum strap over his neck and continued his march as before, hitting his drum with great torce on both ends. Alter some little time tin- ludge directed the sherifl to find ('aptain Scott and ask him to be so good as to take his music to some back street, where it would not disturb the court so much.

The trouble ot" this nortlvrn bound, irv of Ohio originated with the admission ot Ohio into the I'nion. and was caused by an error in the map that placed, the southern bend ot I,ake Michigan too far south. It vexed the convention that lonned the ('(institution, and Congress in admitting < Mii<> into the I num. As early as the adoption ofthe ordin ancc ot | id v i ; ! li . i 7X7, providing tor a government of the northwestern territory, a provision is made tor the northern boundary ot states that should thereatter be tunned, IVIIIL; south, ot a line draun due east and .vest from and through the southern bend ot Lake Michigan, which east and A 'st line should also be the southern boundary' ot two slates lying north ol that line. so that this east and west Hue tinallv lonncd the

The whole question, therefore, was to ascertain the exact line drawn east through the southern bend ot Lake Michigan. To accomplish this the geographical line in in/rth latitude, minutes and seconds, had to be established with positive certainty.

The line the authorities were then talking about was designated on the maps as the " Fulton line." which intersects Lake Frie east of the mouth of the Muumee river, and meets the proviso ot the Ohio constitution

It was then ascertained that this east ami west line would not intersect the territorial line between the I'nited States and Canada, but cut across the counties ot Cuyahoga, (ieauga and . \shtabula. The line, therefore, given by congress to Ohio, was an impossible line, owing to a want ot knowledge ot the geographical position of Lake Michigan at the time congress passed the enabling act.

When the authorities of Ohio ascertained the uncertainty of the northern boundary, they applied to congress tor a survey of 'the line in conformitv with the proviso in the constitution of Ohio.

In i X i 2 congress passed a resolution directing the commissioner of the general land office, to cause it to be surveyed, but the war with (ireat Britain and their northwestern savage allies, prevented it, and the line was not run until the year 1817. when one William Harris, under direction from the general land office, ran the line, and it was afterwards known as the " Harris line.''

This survey was reported from the general land office to the executive of ( >hio. and ratified by the general assembly of ( )hio January jgth. i S i,S.

Application^ were then made by Ohio to congress to ratify the Harris line as the northern boundary of Ohio very frequently, but without success, until the events of iS^;. so memorable in the conflicts between ( )h;o and the territory of Mi< higan.

This di-puted territory is valuable lor its rich and productive farming lands, ainl the possession ot the harbor on the Maumee river, where the VOUJILJ,' ami flourishing < itv of 1 oledo sits m her proud majesty locontrol things.

This strip of laud is five miles wide at the west end. and eight miles at the east end. The line was nxed betore any other territory was organi/.ei 1 and alte< t ed b\ it.

Toledo had many names. It was then Swan ('reek; afterwards Tort l.awreme. then Vistule. now Toledo. The early settlers were satisfied ti, be in the territory of Mi< higan.

they were at a loss to know which of the two jurisdictions they had better belong to. They wrote numerous letters to the governors of both jurisdictions, explaining their dangers and their troubles, etc.

\mong the most distinguished men who looked to (iovernor Mason for help were |. V. D. Sutphen. Coleman J. Kuler. Cyrus Fisher and Samuel Hemmenway. and those that wanted to be Ohioans counted among their number Andrew Palmer, Stephen B. Comstock, Mayor Stickney. \Villard Daniels, (leorge McKay and Dr. Naman (loodsell.

Siu: You uill herewith receive the copy of a letter just received from ('oliimbus. You will now perceive that a collision between Ohio and Michigan is inevitable, and will therefore be prepared to meet the crisis. The governor of Ohio lias just issued a prod a mat ion. but I have neither received it nor been able to learn its tendency, i shall send \ou such arms as may be necessary for \oiir successful operation without waiting for an order from the secretar) of war as soon as Ohio is properly in the Held. Till then. I am compelled to await t he direction of t he war department.

( )n the }ist of March, (iovernor l.ucas. accompanied by his stall' and the boundarv commissioners, arrived at I'errysburg on their way to run and re-mark the Harris line, in compliance with the law of the j }d ot February previous.

(ieneral John Mcll. in command of the i;th division Ohio militia, embracing the disputed territory, arrived about the same time with his staff, and mustered into the service some 600 men. lulls' armed and equipped. On his way to I'errysburg, (iovernor Fucas. with his staff, stopped all night in Fort Mall, at Smith's hotel. Thev made a verv formidable appearance and when (ieneral II. ( '. Mrish met them, there was a show of military etiquette, the like ot which Seneca county never experienced before. from here the troops liom Seneca followed (!ov ernor l.ucas and met (ieneral Mel] al Lower Sandusky, from whence thcv took tlie line of march for I'errysburg.

rue. the head<|iiai 'ler> of (teneral Brown. (Jeneral Brown was yesterday at Toledo, at the head of the sheriff's pnsse of Km armed men. They came for the purpose of arreMinu: those \vlio had accepte-1 otlice under the stale of Ohio. I Ie informed me that an\ attempt to run the line \voiild he resisted li\ tlie \vliole force of t he territor\ : that they had .".no men under arms at Monroe and tii ii i mi >re would soon he there: that the\ had 1 .">i in stand of arms taken from the I'niled Stales arsenal at White 1'i^eon: that they did not mean to lie rode rouu'li shod h\ ()hio. It was replied that Ohio had not as yet put on her roiiu'li shoes, and \voiild not. unless they made it necessary, and that the line would certainly he run. The governor of Ohio started yesterda\ Mil inst. for I )eliance. and is entirelx unprepared to meet the force of Michigan. \\"lial course lie will pursue I do not know. Our party consists of lit teen or twenU unarmed men. and if we proceed we shall certainly he made prisoner^, there not Items; a sullicieiit niimher to prevent surprise. I think the expedition will he delayed. The state of Ohio' is affording no protection to the people on the disputed territory, further than through the civil authorities. And those who have accepted ollice have heen obliged to retreat. The governor has pouer to call out the militia, hut has no funds to sustain them. Yours truly. S. DOlXiK.

President laekson applied to the attorney general. Benjamin F» Butler, of New York, for his opinion in the premises, who replied, sayin u that the mere runni»g oi the line was nt> ranse for hostilities, but that suit might be brought against llie commissioners in the courts of the terrili try.

The commissioners commenced running tlie line from the northwest corner oi the state. (ieneral IJrown's scouts watched them. When the surve\ii\u' ]'arty LTOI into I.enawee countv. the under sheriff, witli his posse, appeared on the ground to arrest them, but the commissioners and surveyors escaped and ^ot to tree < )hio soil. '1'hey reached l'err\ sburu next day with their clothes badly torn and hungry.

(ioxernor I .ui as reported the fails to the president, (leneral jackson can: ed a copy ot the report to be sent to (.overnor Mason, with a request to have Mason send his statement also. Thereupon (iovernor Ma->on applied to (ieneral Brown tor information, (ieneral Brown, on the i;th of June. i*.^. writes from Tecuma.'h to C.o\ernor Mason, stating all he did and naming those that had been arrested and refuting the idea that the commissioners had been tired upon.

Taylor and Seely, the commissioners to re-run the Harris line, intorm ';ig them ot the promise -of the president, and advised the commence ment of the work on the ist of September, at a point where they left oil. lit.- informed them that he had sent two hundred and twenty-five nlles and sixty-one muskets and equipments to Port Miami, and would send more soon, to protect them in their work; that these arms would be placed under the control of the court, etc.

The authorities of Michigan disregarded all these arrangements, and Kept on making arrests. On the jfjth of August4 Secretary Korsyth -.vrote to ( iovernor Mason that he was superseded, and that Mr. Charles ^haler. oi Pennsylvania, was appointed secretary of the territory ot Michigan as his successor, etc.

* Mi the same day Secretary Lorsyth also addressed a letter to Cov ernor Lucas, transmitting copies of letters written that day to (iovernor Mason and Mr. Shaler. expressing a hope that no tnrther attempt would bi made l>y < Miio to exercise jurisdiction in the disputed territory until < oiigress could act on the question, etc.

These letter-> from Secretary Lorsvth had the desired effect. The Liood ;ense ol ( iovernor Lucas had already shown him the danger of getting into conllict with the Lnited States, who would naturally stand i)\ and protect a territory in its legal rights, and he modified his course -. ery materiall v.

7th D| September, was >nll to be decided. Adjutant-( ieneral Samuel 1 . Andrew-- was ->ent by (iovernor Lucas to Lucas county to consult with the judge and other officers, who directed Colonel Van Meet to ' ail out hi-- regiment to act as a po>se to the -dicrilf for the protection of the court. Andrew Cottinberry, and old and experienced lawyer. \vas engaged by the governor to .ict a> an assistant [jrosecuting attorney. Colonel \ an I'leet promptly obeyed the call and ordered his regiment t< > rendc/\ ous

(ieiierals Andrews and liell ^topped at a hotel in Toledo, demeaning themselves as private citi/ens. ( )n Simday afternoon the sheriff and attendants met al M;am: to proceed to-ether the next morning under es(i,rt of Colonel V in Meet's regiment, to hold the court at Toledo. Colonel. Van Meet had 100 men on the ground, which was considered --;!!:' ient to di-pei'se any mob that mi^lit offer resi-,lance. In the even :M_ one ol the ( 'olonel's scouts < anie in and reported that (ieneral I»ro\\ ijst arrived at 'I'oledo with a large military force to prevent and faced about. It was then discovered that the clerk had lost his hat containing the court journal. It was one of those high, bell-crown hat>. then fashionable, and had capacity sufficient to hold a great many papers. 1 laving succeeded in holding the court so well, and then losing the papers, was indeed too provoking, and to have them fall into the hands of the enemy was still worse. They fully believed that they were pursued, yet to lose the papers, was enough to arouse the courage of any soldier. Colonel Van Meet's courage had not forsaken him. With him to will was to do. lie ordered the clerk to dismount, and with two of the guards, to feel his way back carefully in search of the papers, while the balance would keep watch to cover the retreat. He cautioned them to make no noise, and if discovered, to conceal themselves. The hat was found with the papers. The party reported no enemy in sight. The state of ( )hio had triumphed, The record was made up from the papers, and signed. " I. H. Jerome, associate judge."

Colonel Van Fleet was so rejoiced at the recover) of the papers that he ordered two salutes to be fired on the spot. The party proceeded to Maumee at leisure, and reached the town a little after daylight.

While the court was in session. Colonel Wing was stationed in town with 100 men to arrest the judges if they should undertake to hold court. Finding that there was no further use for his army, General Mrown repaired to Monroe and disbandoned them.

It seems that this Mr. Shaler did not take charge of the office of gov ernor of the Michigan territory, and that John S. Homer became Mason's successor, and was the acting governor with whom Governor Lucas afterwards had a lengthy correspondence, and which resulted in the discontinuance of the prosecutions, except the T. Stickney case, for the stabbing of Wood, the deputy shenll. Governor Homer made a requisition upon Governor Lucas for him. but Governor Lucas refused to give him up. claiming that the olfcnse had been committed on < >hio soil, and '.hat therefore the court- of Michigan had no juri>- diction over him.