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.
JB3Y VV. V-. VVAY,
PERRYSBURG, O.
TO I LE D 0:
IAILY COMMERBCIAL STEAM BOOK AND JOB PRINTING HOUSB.
1869.




OOPY RIGHT SECURED.




CORRESPONDEN1CE.
At the semi-annual meeting of the Raisin Valley Historical Society, held at
Tecumseh, Michigan, December 22d, 1868, at the close of an able and important address on'the subject of the " Toledo War," the following Resolution was
unanimously adopted:
Resolved, That the address of the Hon. W. V. WAY, of Perrysburg, Ohio, on
the " Toledo War," with such modifications as may be desired, if any, by the
writer, be requested for publication by this Society.
B. D. BAXTER, Sec'y.
HON. W. V. WAY,
Dear Sir:
Herewith we transmit you a copy of the Resolution adopted
by the Raisin Valley Historical Society, requesting for publication your impartial history of the almost forgotten "Toledo War."  This history is of
renewed interest and importance to our people at this time. in view of the
petition of the citizens of Lake Superior district to the Legislature of Michigan
to re-cede to the United States, so much of our Upper Peninsula as was annexed
by an act of Congress to Michigan, in exchange for the loss of territory on our
Southern border.
The petitioners desire the formation of a Territorial government over the
Upper Peninsula, with the hope of obtaining material aid from Congress to
develope itsnatural wealth, until admitted in the Uinon as a separate State.
If Michigan generously accedes to the prayer of the petitioners, will Ohio be
equally generous and return to us the "disputed territory," made classie in our
history during the " Toledo War," as the battle ground of pioneer chivalry?
Respectfully yours,
M. A. PATTERSON, President R. V. H.SI
Tecumseh, Michigan.              E. N. NICHOLS, Act. Sec'y.




IV
PERRYSBURG, February 11, 1869.
MESSRS. M. A. PATTERSON, President, and E. N. NICHOLS, Secretary,
Raisin Valley Historical Society,
GENTLEMEN: Your communication, with the Resolution of
the Raisin Valley Historical Society, has been received. The Toledo War History is at your disposal.
It was originally written as a contribution to the Maumee Valley Pioneer
Association. Although most of the incidents recorded took place in the
Maumee Valley, and properly form a part of its local history, yet many of them
occurred in, and equally form a part of the local history of the Raisin Valley.
The valorous deeds performed by the soldiers of Lenawee and Monroe Counties
are well remembered, and duly appreciated by the old soldiers of Wood and
Lucas Counties. The warriors on both side performed their parts so we ]],l]hat
it would be almost criminal in the historian of their exploits, to indulge in
partiality.
If Michigan should now re-cede to the United States the valuable gift bestowed on her as a reward for her patriotism and zeal in defending the integrity
of her soil, to create a new State in the Union, she will exhibit a generosity
equalled only by the chivalry that merited the gift.
But while Ohio would applaud the deed, she is too regardful of the honor
of Michigan, to lessen her merit by encouraging the performance of so generous
an act with the interested expectation of a restoration of the " disputed terrikory."
Very respectfully yours,
W. V. WAY.




THE TOLEDO WAR.
In the early times of the Germans, and Northmen of Europe,
there was a custom, sanctioned by their Courts, that permitted a
mode of trial called "wager of battle."  This mode of trial was
regarded as a great test of the honesty and sincerity of the parties
that went to law. It permitted the defendant in a writ of right
to apply for it; and allowed him to challenge his opponent to
single combat to decide the case. It was unlike a modern duel, as
the parties themselves did not fight; but chose some person to be
their champion,'to give and take the blows. The party whose
fighting man flogged his opponent, had judgment entered in his
favor for his claim.
This mode of' trial was anciently introduced into England by
her conquerors, but was not much practiced.
The persons that fought were required to make a stand up
fight, until one or the other was completely vanquished, or until
star-light appeared. The fight was conducted according to established rules.
I am not aware that this mode of trial was ever introduced into
this country.
The case of`rhe State of Ohio vs. The Territory of Michigan, in
ejectment, in 1835, growing out of an adverse claim to what was
commonly called the "disputed territory," comes the nearest to
this ancient trial by wager of battle, of any that I have found;
although in many respects it fails to come up to the ancient
precedent.
A report of that trial necessarily embraces a history of the first
session of the Court of Common Pleas of Lucas Cotuty. I propose to report it and give a history of the cause of action.




6
In order to make the case intelligible, I shall have to refer to
many public documents of the United States, and of the State of
Ohio and Territory of Michigan in connection with the "unwritten
history." For much of the "unwritten history," I am under
obligations to Gen. Joseph W. Brown, of Tecumseh, Michigan;
Gen. John Bell, of Fremont, Ohio; and Col. Mathias Vanfleet,
of Maumee City, Ohio.
The Ordinance of the 13th of July, 1787, providing a government for the territory north-west-of the Ohio River, defined the
northern boundaries of what are now the States of Ohio, Indiana
and Illinois, by the line dividing the United States from the
British Possessions; but contained a proviso "that the boundaries
of- these three States shall be subject so far to be altered, that, if
Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory
which lies north of an east and west line drawn through the
southerly bend or extreme of Lake Michigan.
On the 30th of April, 1802, Congress passed an act authorizing
the people of the Territory of Ohio to form a State Constitution,
preparatory to her admission into the Union; and described her
northern boundary as follows:
"On the north by an east and west line drawn through the
southerly extreme of Lake Michigan, running east after intersecting the due north line from the mouth of the Great Miami, until
it shall intersect Lake Erie, or the territorial line and thence with
the same through Lake Erie, to the Pennsylvania line; Provided
that Congress shall be at liberty at any time hereafter, either to
attach all the territory lying east of the line to be drawn due
north from the mouth of the Miami aforesaid to the territorial
line, and north of an east and west line drawn through the southerly extreme of Lake Michigan, running east as aforesaid to Lake
Erie, to the aforesaid State, or dispose of it otherwise in conformity,
to the fifth article of compact between the original States and
the people and States to be formed in the territory north of the
River Ohio."
The compact referred to is contained in the aforesaid Ordinance.
On the 29th of November, 1802, a convention of the people of
Ohio, adopted a constitution under the aforesaid act, giving the




State the same northern boundary as contained in the enabling
act, with this proviso:
"Provided always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of
Lake Michigan should extend so far south, that a line drawn due
east from it should not intersect Lake Erie, or if it should intersect the Lake Erie east of the mouth of the Miami River of the
Lake, then and in that case, with the assent of the Congress of the
United States, the northern boundary of this State shall be established by and extend to a direct line running from the southern
extremity of Lake Michigan to the most northerly cape of the
Miami Bay, after intersecting the due north line from the mouth
of the Great Miami River aforesaid; thence north-east to the territorial line, and, by the said territorial line, to the' Pennsylvania
line."
-- - The Maumee River, in the acts of Congres~ and treaties with
the Indians,, was called the Miami of Lake Erie, or the Miami of
the Lake. Wherever the Miami of the Lake or Miami Bay is
used, it means the Maumee. Where the Great Miami is used, it
has reference to the Great Miami River, which empties into the
Ohio 1tiver at the south-western corner of the State of Ohio.
The State of Ohio was admitted into the Union and created into
a judicial district on the 19th of February, 1803, without any allusion by Congress to the boundary line. On the 11th of January,
1805, Congress created the. Territory of Michigan, and defined her
boundaries as follows:
"All that part of the Indiana territory which lies north of a line
drawn east from the southerly bend or extreme of Lake Michigan,
until it shall intersect Lake Erie, and east of a line drawn from
the said southerly bend through the middle of said Lake to its
Eorthern extremity, and thence due north to the northern aensm-.tyof the United States."
Substantially reaffirming the original boundary contained in the
act authorizing the Territory of Ohio to form a State Government.
Michigan extended her laws over and claimed jurisdiction to
the above mentionedline given for her southern boundary.
This line is designated on our land maps as the "Fulton Line."
It intersects Lake Erie east of the mouth of the Miami of the
Lake, or Maumee River, and comes within the proviso in the
Constitution of Ohio.




8
It has \been ascertained, that an east line drawn through the
southerly bend of Lake Michigan will not intersect the territorial line between the United States and the British Possessions,
but will pass just north of the mouth of the Cuyahoga River and
divide the counties of Cuyahoga, Geauga and Ashtabula. The
line, therefore, given by Congress for the northern boundary 6f
Ohio was an impossible line: owing to a want of a knowledge of
the geographical position of Lake Erie at the time Congress passed
the enabling act.
The authorities of Ohio, on ascertaining the uncertainty of the
northern boupdary, applied to Congress for a survey of the line
proqideld forn. the proviso of the Constitution of Ohio.
Congress in-1812 passed a resolution directing the Commissioner of the General Land Office to cause it to be surveyed.
But iii consequence of the hostile attitude of the Indians near
the line, -by reason of the war with Great Britain, the line was
not run until the year 1817. In that year, the line was run and
marke-,by William. Harris in conformity to instructions from the
Surveyor GenerA. It was called the "Harris Line," afterwards,
from the name of the Surveyor.
This.survey was reported from the Land Office Department to
the Executive of Ohio, and on the 29th of'January, 1818, the
Legislature, by resolution, ratified and adopted that line as the
northern boundary of the State.
Subsequently, the Legislature of Ohio, from time to time, made
applications to Congrebs, to ratify and establish the Harris Line
as the boundary between Ohio and Michigan without success, until
after the events of 1835, so memorable in the conflicts of those
governments.
The territory in dispute extends the whole length of the north
line of the State of Ohio, and is about five miles in width at the
west end, and about eight miles in width at the east end, This
disputed territory is chiefly valuable for its rich and productive
farming lands, and for the possession of the harbor on the Maumee
River, where now stands the flourishing City of Toledo.. In the
early settlement of Toledo, the place was known as Swan Creek;




9
afterwards Port Lawrence, then Vistula, and now known as Toledo.
The early settlers acquiesced in being governed by the laws ol
Michigan Territory.
The State of Ohio, as early as 1825, contemplated the construction of a% navigable Canal from the Ohio River at Cincinnati to the
navigable waters of the Maumee. The Canal was constructed as
far north as Piqua, and there terminated for a number of years in
consequence of the sparse population between that point and its
contemplated termination.
In 1835 the settlement of the country had become quite considerable, and the people in the north-west became clamorous for
the extension of the Canal north to its completion.
By this time the navigation of the Maumee River to the foot of
the Rapids at Perrysburg and Maumee, was fully ascertained to
ibe not as good as to Toledo, and therefore the authorities of the.State deemed it of the utmost consequence to have the territory;embracing the mouth of Swan Creek, including Toledo, for the
termination of the Canal.
The few inhabitants at the mouth of Swan Creek regarded their
Ifuture consequence as a town, dependent on getting the termination of the Canal; and therefore, suddenly became convinced
that they were living in the wrong State, and that if by going into'Ohio the place would not be more healthy, it would certainly be
more profitable. The principal citizens of the place, therefore
urged Governor Lucas to extend the laws of Ohio over them.
The necessity of immediately constructing the Canal, and -the
uurgent demands of the citizens of Toledo, induced the Governor
]tQ bring the subject before the Legislature by a special message.
-On the twenty-third of February, 1835, the Legislature of Ohio
passed an act extending the northern boundaries of the counties
of Wood, Henry and Williams, to the Harris Line.
The authorities of Michigan had previously exercised jurisdiction over the entire territory lying between the Harris Line on the. nrth, and the Fulton Line on the south, as a part of Michigan.
It ought, however, to be mentioned, that the authorities of Wood
cQunty,: at a period much earlier than 1835, attempted to extend




10
the laws of'Ohio over that part of this territory claimed to be in
that county, by levying taxes, but the people did not recognize the
act, and refused to pay the taxes. These facts were reported to
the Executive of the State for advice and assistance, but no attention was paid to the matter, and no real effort on the part of the
State of Ohio to extend its laws over this territory was attempted
until 1835.
The possession of the harbor at the mouth of Swan Creek, was
the great inducement for Ohio to contend for this disputed territory. It is not apparent whether the people of Michigan, in contending to retain this territory, placed any particular value on
retaining the harbor, or whether they were influenced by the general feeling of. maintaining their legal right to what they conceived
to belong to them by a fair interpretation of the acts of Congress,
defining their southern boundary.
The strife and excitement/ attending the discussion and final
settlement of the boundry has died away. We can look upon
what has taken place since the settlement of the boundary in favor
of Ohio's claims, as a reality; but we cannot tell how much better
off Toledo is now, by being in Ohio, than she would have been in
Michigan. If Ohio had failed t6 obtain the disputed territory, she
would have terminated the Canal at the foot of the Rapids, and
the navigation of the River would have been properly and sufficiently improved to that point. The foot of the Rapids would
have been fostered by the State of Ohio to the exclusion of all
benefits to Toledo, if possible. Toledo would have been fostered
by the State of Michigan as its most important commercial point.
The railroads that she has built to throw the trade into Detroit
and Monroe, against natural obstacles, would have had their principal eastern terminations at Toledo. In accordance with the natural course of trade and State interest, Toledo would have been
the "hub" of Michigan, and beyond a rivalship, to any great
extent, from Monroe or Detroit.
The laws of Ohio could not have superseded the laws of God,
and diverted trade and commerce for any considerable time out of
its natural course. But these speculations are too foreign from




my subject, and I will leave them for the more important details
of this history.:The act of the Legislature of Ohio, passed on the twenty-third
of February, 1835, further provided "that such part of the territory declared by this act as being attached to the county of Wood,
shall be erected into townships as follows, to wit: such part of
ranges five and six as lies between the line run due east from the
southern extremity of Lake Michigan and the line run from the
said southern extremity to the most northern cape of the Maumee
Bay, be and the same is hereby erected into a separate and distinct
township by the name of Sylvania; and that all such part of ranges
seven and eight, together with the territory east of the Maumee
river, as lies between the line run from the southerly extremity of
Lake Michigan to the most northerly cape of the Maumee Bay, and
between Lake Erie and the line run due east from the southern
extremity of Lake Michigan to Lake Erie, be and the same is hereby erected into a separate and distinct township, by the name of
Port Lawrence;" and further authorized and directed those townships to hold elections for township officers on the first Monday in
April next, and provided for their complete organization. It also
directed the Governor to appoint three Commissioners to run and
re-mark the Harris Line.
Uri Seely of Geauga, Jonathan Taylor of Licking, and John
Patterson of Adams, were appointed Commissioners to run and
remark the line. The first of April was named as the time to
commence the survey. Stevens T. Mason, Secretary and acting
Governor of Michigan Territory, anticipating the action of the
Legislature of Ohio, sent a special message to the Legislative
Council, apprising it of the special message of Governor Lucas, and
advised the passage of an act to counteract the proceedings of Ohio.
The Legislative Council passed the following act on the 12th of
February, thus getting eleven days start of Ohio in point of time:
"AN A CT to prevent the organization of a foreign jurisdiction within the limits
of the Territory of Michigan.
OECTION 1. Be it enacted by the Legislative Council of the Territory of Michigan, that if any person shall exercise or attempt to




12
exercise any official functions, or shall officiate in any office or
situation within any part of the present jurisdicion of this Territory; or within the limits of any of the counties therein, as at
this time organized, by virtue of any commission or authority not
derived from the Territory or under the Government of the United
States, every person so offending shall for every such offense, on
conviction thereof, before any Court of Record, be punished by a
fine not exceeding one thousand dollars, or by imprisonment at
hard labor not exceeding five years, or both, at the discretion of
the Court.
SEC. II. And be it further enacted, that if any person residing
within the limits of this Territory, shall accept of any office or
trust from any.State or authority other than the Government of
the United States or Territory of Michigan, every person so offending shall be fined nt' exceeding one thousand dollars, or imprisoned five years, at the discretion of the Court before which any
conviction may be had.
MORGAN L. MARTIN,
President of the Legislative Council.
Approved February 12, 1835.
STEVENS T. MASON."
There was a division of public sentiment among the inhabitants
on the disputed territory, to which government they should yield
allegiance. The following communication, sent to Governor Mason by some citizens of Port Lawrence township, shows that there
were some supporters of the authorities of Michigan in that place:
MONROE, March 12, 1835.
To the HON. STEVENS T. MASON,
Acting Governor of Michigan Territory
We, the citizens of the Township of Port Lawrence, county of
Monroe, Territory of Michigan, conceive ourselves, (by force of
circumstances), in duty bound to apply for a special act of the
Legislative Council, authorizing the removal of the place appointed
for holding our township meeting. By a vote of the last town
meeting, (1834), our meeting of this year must be held at Toledo,
on the Maumee river. We apprehend trouble, and perhaps a riot
may be the consequences of thus holding the meeting in the heart
of the very hot bed of disaffection.
We therefore pray your Excellency and the Legislative Council,
to aid us in our endeavors to keep the peace and sustain our claims
to the soil as part of the Territory of Michigan, by an act removing the place for holding the town meeting for the township of
Port Lawrence, from Toledo to the school house on the Ten Mile




13
Creek Prarie, to be held on the  ~ day of April, in preference
to the usual day and place appointed.
J. V. D. SUTPHEN,
COLEMAN I. KEELER,
CYRUS FISHER,
SAMUEL HEMMENWAY.
Delegates from Port Lawrence to the County Convention at Monroe.
The partizans of Ohio were equally zealous and active in its
cause, and kept Governor Lucas advised of what was going on.
The most prominent of them were Andrew Palmer, Stephen B.
Comstock, Major Stickney, Willard Daniels, George McKay and
Dr. Naman Goodsell.
Gov. Mason wrote to Gen. Brown, who was in command of the
third division of the Michigan militia, as follows:
EXECUTIVE OFFICE, DETROIT, March 9, 1835.
SIR: You will herewith receive the copy of a letter just received
from Columbus. 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 has issued a proclamation, but I have neither received it, nor have I been able to learn
its tendency. You will use every exertion to obtain the earliest
information of the military movements of our adversary, as I shall
assume the responsibility of sending you such arms, etc., as may
be necessary for your successful operation, without waiting for an
order from the Secretary of War, so soon as Ohio is properly in
the field. Till then, I am compelled to await the direction of the
war department.
Very respectfully your obedient servant,
STEVENS T. MASON.
GEN. Jos. W. BRowN.
On the thirty-first of March Governor Lucas, accompanied by
his staff and the boundary Commissioners, arrived at Perrysburg
on their way to run and re-mark the Harris Line, in compliance
with the act of twenty-third February previous.
General John Bell, in command of the seventeenth division of
Ohio militia, embracing the disputed Terrritory, arrived about the
same time with his staff, and mustered into service a volunteer
force of about six hundred men, fully armed and equipped. The
2




14
force went into camp at old Fort Miami, and awaited the orders
of the Governor. The force consisted of five companies of the first
regiment, 2d brigade of the 17th division of militia, under the
command of Col. Mathias Vanfleet. The captains of these companies were Capt. J. A. Scott, of the Perrysburg company; Capt.
Stephen S. Gilbert, of the Maumee company; Capt. John Pettinger,
of the Waterville company; Capt. Felton, of the Gilead company,
and Capt. Granville Jones, of the Lucas Guards, an independent
company at Toledo.
These companies numbered about 300 effective men. There
was also a part of a regiment from Sandusky county, commanded
by Col. Lewis Jennings, and a part of a regiment from Seneca and
Hancock counties, under command of Col. Brish, of Tiffin. These
numbered -abut 300 more, making the total force 600 men.
I am unable to give the particulars of the recruiting of any of
the companies in Col. Vanfleet's regiment, except that of Captain
Scott. The recruiting of that company was as follows: Agreeably
to military usages, he employed a drummer, to wake up the martial spirit of the inhabitants. Instead of establishing head-quarters at some particular place, he made them roving up and down
nearly the whole length of Front street, in Perrysburg. That
street was the only one, except Louisiana avenue, that contained
many inhabitants. He selected a spot some distance below the
Avenue, and one near the upper end of the town, between. which
the drummer was required to march and beat the drum, from
early morning until night.
I am not certain whether there was a fifer or not. The drummer was a very large man by the name of Odle. He had a brother who was of usual size; but the drummer was so much larger
than his brother, that he went by the name of the "Big Odle."
He was a giant in size. He was so large, that while marching
beating a common sized drum, the drum appeared in comparison
of size with him, no greater than one of those small drums in toy
shops for the use of little boys, would appear in the hands of an
ordinary sized man. He wore a two story white felt hat, with a
narrow brim; but by long use it had become softened and the




16
crown bulged up so that it was really a two story and an attic,
A strip of paper with the words " recruiting for the war," in large
letters printed on it, was fastened around it. His coat was an old
rifleman's uniform of green color, trimmed with black lace. His
pants were domestic cloth, colored with oak bark, and also trimmed with black lace down the legs.
Thus equipped, Odle accompanied by a man carrying the American Flag, marched up and down the street, beating the drum with
great vigor from morning to night. This drumming continued
for several days in succession. In the meantime the Court of
Common Pleas of Wood County, commenced its session. Judge
David Higgins was Presiding Judge. In going his beat up and
down Front street, Odle had to pass by the Court House, standing
on Sec. Lot No. 360, old survey of Perrysburg. The drumming
after a while, became annoying to Judge Higgins. The Judge
was a very nervous man, and somewhat irritable at times. One
of his peculiar irritable moods came over him during this term of
Court. He vented his feelings by pitching into Capt. Scott's
drummer, instead of some young and modest member of the bar,
as was his usual custom. He ordered the Sheriff to go out and
stop that drumming. The Sheriff went to Odle and told him that
he was ordered by the Court to stop his drumming. Odle replied,
that he was under orders and pay from Capt. Scott to drum for
recruits for the war. That he considered it his duty to obey him
as a military authority, and should continue to beat the drum
until stopped by him; or until he was satisfied that the Court had
more authority than Capt. Scott. He marched on beating his
drum, and the Sheriff went into the Court-room to report.
The Judge's eyes flashed lightning when he heard the report.
The Sheriff was ordered to arrest Odle forthwith and bring him
before the Court, and also summons Capt. Scott. All which was
done in a few minutes. Capt. Scott was interrogated whether this
man Odle was disturbing the Court under his orders. The Capt.
replied that Odle was beating the drum under his orders, having
received instructions from Col. Vanfleet to employ the music to
aid in- recruiting volunteers for the service of the State. He




further stated that Gov. Lucas, who was stopping at Spafford's
Exchange, had sanctioned his proceedings before the Court commenced its session, and should therefore continue the music until
ordered to stop it by Col. Vanfleet or his Excellency.
The Judge roard out in a stentorian voice, "Mr. Sheriff, take
Capt. Scott and his music organ to jail and lock them up. Mr.
Prosecuting Attorney, draw up an information against these men
for contempt of Court, and have the case ready for hearing tomorrow morning."
The Sheriff, Jonas Pratt, made a move towards executing the
order. Capt. Scott and Odle readily followed him down stairs
to the corner of the building where there was a path leading to
the log jail on the back end of the lot. Here a stand was made.
The Sheriff's authority to imprison, was repudiated. The Capt.
informed him that he should not sacrifice the interests of the State
to gratify Judge Higgins's assumed authority. That in the emergency of war, when the State was invaded by an enemy, the military authority, on which the State relies for protection, is paramount to the civil authority; that alth6ugh he regretted to disturb
the proceedings of the Court, yet he could not consent to the enforcement of its order in his case. He gave the Sheriff to distinctly
understand, that if he presisted in attempting to take him  to
jail, he would then and there on the spot, test the question of power, between himself and the Court. He told the Sheriff that if he
made a single move further to imprison him, he would declare
martial law, and do with him and Judge Higgins as General
Jackson did with Judge Hall at New Orleans, put them both under arrest.
"That is right; that is right, Capt." said Odle, at the same
time doubling up his two hands to about the size of elephant's feet.
"That's the way to talk. Bully for you, Capt. Stand off, Sheriff.'
By this time, there was a commotion in the crowd of bystanders,
indicative that the Sheriff would have a lively time of it, in getting them to jail, if he should attempt it by force.
The Sheriff retreated up-stairs to the Court-room as soon as
pQos1ible andc reported what had taken place at the door below,




17
The Judge never said a word in reply; but continued in the
trial of the case on hand, as if nothing unusual had happened.
Without losing any more time, Odle slung the drum' strap
over his neck, and continued his march and music as before up
and down street. After some little time, the Judge directed the
Sheriff to go and find Capt. Scott and ask him if he would be so
good as to order that music to some back street, where it would interfere less with the court.
The enthusiasm for enlisting recruits was so great, that if the
Court had attempted to inforce its order, it would have failed.
Capt. Scott acquired so much popularity by these proceedings,
that he shortly after had no further use for his drummer. His'company was made up at once.
Gov. Mason, with Gen. Joseph W. Brown, arrived at Toledo
with a force under the immediate command of the latter, variously
estimated from 800 to 1200 men  Ait          mc tL.G.
iiali, and went into camp, ready
to resist any advance of the Ohio authorities upon the disputed
territory to run the boundary line or doi  other acts inconsistent
with Michigan's right of jurisdiction over it.
Gen. Brown had for his staff, Capt. Henry Smith of Monroe,
Inspector; Maj. J. J. Ullman of Constantine, Quartermaster; William E. Bloadman of Detroit and Alpheus Felch of Monroe, Aidsde-Camp.
The two Governors, having made up an issue by legislative enactments, found themselves confronted by a military force that
had been called out to enforce their respective legislative pleadings. Gov. Mason representing the tenant in possession, was content to rest at his ease. Gov. Lucas representing the plaintiff, had
to open the trial. He found it convenient to observe a "masterly
inactivity" for some days. The whole country in the meantime,
became wild with excitement.
A ludicrous incident occurred on the Perrysburg side of the
river, as follows: Most of the soldiers that came from a distance,
came with their arms in small squads, as they happened to get together, without any organization. A well known citizen of Per



18
rysburg, not having the war-like preparations much at heart,
dressed himself in a commissioned officer's uniform, and mounted
on a very fine horse, made something of a military display on the
streets. As one of these squads arrived in Perrysburg over the
Black Swamp road, and was about proceeding to the river to cross
over to the place of rendezvous, this would-be-officer assumed
authority over them, and undertook to conduct them down to
the ferry. After proceeding some distance, the men doubted the
authority of the man in military clothes leading them, especially,
as they had heard many of the Perrysburg people did not think
much of the war.
When the squad got near the river, they deployed into line and
with fixed bayonets closed upon their leader between their line
and the river, and called on him for his commission or authority
that he claimed to exercise. They told him they were full blooded
Buckeye Boys, come to defend the territorial rights of the State;
if he was one of them, all right; if not, they intended to know it.
By this time, he began to look for an opening for escape; but the
boys closed up and moved steadily towards the river, with muskets
at charge. Soon the officer was sitting upon his horse as far out
in the river as the horse could go without swimming. The boys
told him he should stay there until he showed his authority, or
orders from Gen. Bell for his release. He was kept there until
he nearly perished with cold, when a number of citizens of the
town came and entreated the soldiers to let him off. I believe that
was the last time that that individual commanded as a volunteer
officer. The report that had gone out, that the pepole of Perrysburg did not think much of the war, did them great injustice; as'
the manner in which Capt. Scott recruited his company, the zeal
exhibited by him, and the alarcity with which they enlisted, sufficiently prove.
Gov. Lucas had determined in his mind toorder Gen. Bell with
his force to Toledo as soon as he could make the necessary preparations, and risk the consequences; but before he had got his
preparations made, two eminent citizens, Hon. Richard Rusk o
Philadelphia, and Col. Howard of Baltimore, arrived from Wash



19
ington as Commissioners from the President of the United States,
to use their personal influence to stop all war-like demonstrations.
Hon. Elisha Whittlesy of Ohio, accompanied the Commissioners,
as a voluntary peace-maker. They remonstrated with him and
reminded him of the fatal consequences to himself and the State,
of a collision between the forces. They advised him to abandon
forcible measures to get possession of territory, and wait for a
peaceable settlement of the matter by Congress.
The Commissioners and Mr. Whittlesey had several conferences
with both Governors, and finally on theth of April submitted
the following propositions for their I;  to wit:
1st. " That the Harris Line should be run and re-marked pursuant to the Act of the last session of the Legislature of Ohio
without interruption.
2d. 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 the close of the
next session of Congress."
It is a little singular that they should propose the same arrangements in regard to jurisdiction, that were entered into between Dr.
Conant and Seneca Allen, two Justices of the Peace of Waynes,
field Township, in now Lucas county, but then Wood county, in
1819, when they came in conflict, one holding his commission from
the Governor of Michigan, and the other from the Governor of
Ohio. The conflict and settlement of it, occurred in the following
manner: Dr. Horatio Conant settled at Maumee in 1816. Gen.
Cass, then Governor of Michigan, being intimately acquainted
with him, either as a joke or in earnest, sent him a commission as
Justice of the Peace in the county of Erie in the Territory of Michigan. This portion of the north-west Territory previous to and for
some time after the organization of Michigan Territory, was called
Erie County and District. The Dr. regarded the commission as.a
joke, and never contemplated acting under it. In 1819;, Seneca
Allen was an acting Justice of the. Peace in Waynesfield Township




20
under the laws of Ohio, residing on the south side of the river,
near old Fort Meigs. Waynesfield was the only organized township at that time in Maumee Valley.
His territorial jurisdiction was quite as large as the present
Congressional District. He heard about Dr. Conant having a
commission from the Governor of Michigan, and notified him that
he must not attempt to do any business under it. Sometime in
the month of December, 1819, Allen had an engagement to marry
a couple on the north or Maumee side of the river. The river was
high and full of running ice, and very unsafe to cross. Conant
lived near the banks of the river, on the Maumee side. Allen
lived near the bank on the Perrysburg side, and nearly opposite.
Allen finding it impracticable to get over the river to fulfill his
engagement, called to Dr. Conant across the river and requested
him to marry the couple. The Dr. reminded him of the objections
he had heretofore made to his right to act under his commission,
and declined; but Allen insisted on his doing it, and stated that
this was a case of necessity and that necessity knew no law; that
his: commission from the Governor of Michigan would do well
enough for the occasion.
Conant married the couple and received a jack-knife for pay.
Some time afterwards, the two Justices met and Allen made this
proposition: He proposed for himself to exercise exclusive jurisdiction over the Territory on the Perrysburg or south side of the
river, and that the two should have jurisdiction in common on the
Maumee or north side of the river. Allen was very liberal, for he
conceded more Territory about which there was no dispute, than
there was of the disputed Territory.
Acting Governor Mason, refused to agree to the propositions of
Messrs. Rusk and Howard. He claimed that although Congress
had the power to change the boundary and give a portion of her
Territory to Ohio, yet as her boundary was then defined, she bad the
right of possession and jurisdiction, and having acquired peaceable
possession under the original act of Congress creating the Territory of Michigan, he would not compromise the rights of his people by a surrender of possession.




21
Governor Lucas, on the urgent request of the Commissioners,
and Mr. Whittlesey, agreed, reluctantly, to accept the propositions
as a peaceable settlement of the difficulty until Congress should
settle it; or rather until after " the close of the next Session of
Congress." Gov. Mason refused to acquiesce in the propositiofis.
Gov. Lucas assented to them, in the light of regarding the Governor
of a Territory in the condition of a subaltern, subject to the control of the President. He looked upon the arrangement, as made
with the President, through Messrs. Rush and Howard as his representatives, and disbanded the Military force he had collected.
Gov. Mason partially followed suite; but still continued making
preparations for any emergency that might arise.
Gov. Lucas now thought he could run and re-mark the Harris
Line without serious molestation from the authorities of Michigan,
and directed the Commissioners to proceed with the work.
S. Dodge, an Engineer on the Ohio Canal, had been engaged as
Surveyor to run the line. He addressed the following letter to
Samuel Forrer, one of the Canal Commissioners of Ohio:
MAUMEE, April 11, 1835.
SAMUEL FORRER, Esq.,
DEAR SIR:-We were assured a short
time since, by Messrs. Rush & Howard, that no resistance would
be made by Michigan. It is now evident that there will be trouble, and the Governor of Ohio will not be able to accomplish the
running of the line without calling out a strong military force.
This cannot be done without first convening the General Assembly,
in order to make the necessary appropriations. We shall start tomorrow for the north-western corner of the State; and the next
time vou hear from me, I shall probably inform you that I am at
Monroe, the head-quarters of Gen. Brown. Gen. Brown was yesterday at Toledo at the head of the Sheriff's posse of 100 armed men.
They came for the purpose of arresting those who have accepted
office under the State of Ohio. He informed me that any attempt
to run the line would be resisted by the whole force of the Territory. That they had 300 men under arms at Monroe and 600
more would soon be there; that they have 1500 stand of arms
taken from the United States arsenel at White Pigeon. That they
did not mean to be rode over rough shod by Ohio. It was replied
that Ohio had not as yet put on her rough shoes; and would not
unless they made it necessary; and that the line would certainly
be run.
8




The Governor of Ohio started on the 8th inst., for Defiance and
is entirely unprepared to meet the forces of Michigan. What
course he will pursue, I do not know. Our party consist of 15 or
20 unarmed men; and if we proceed, we shall certainly be made
prisoners, there not being a sufficient number to prevent surprise;
think the expedition will be delayed.  The State of Ohio is
affording no protection to the people on the disputed Territory
further than through the civil authority. And those who have accepted office, have been obliged to retreat. The Governor has
power to call out the Militia, but has no funds to sustain them.
Yours, Truly,
S. DODGE.
President Jackson applied to the Attorney General, Benjamin
F. Butler of New York, for his official opinion in regard to his
powers over the parties. The Attorney General, Mr. Butler, after
referring to the two acts passed by Michigan and Ohio in February in regard to jurisdiction, said: "The acting Governor of the
Territory of Michigan has issued orders to Brig. General Brown,
of the Militia of the Territory, entrusting him with discretionary
powers to order each brigade of such militia into actual service?
so soon as the emergency requires it; and commanding him to
arrest the Commissioners of Ohio the moment they stick the first
stake in the soil of Michigan.
"In anticipation that the Governor of Ohio may order a Militia
force to sustain the Commissiouers and officers of Ohio, General
Brown is further commanded, "the moment he may learn that
a military force of any description, ordered out by the authorities of Ohio, is about to approach the disputed Territory, to place
himself, with a sufficient force of a like character, on the ground
in contestation, and to fire upon the first Military officer or man
who presists in crossing the boundary line as at present claimed by
Michigan, with any hostile intention, or disposition and determination to prevent his execution of the previous orders."
The laws thus passed by the State and Territorial Legislatures,
are equally irrepealable by the President. It is true that Congress
has the power to annul any law of the Territory; but until so
annulled, it will be obligatory on all persons within the limits of
the Territory, unless repugnant to the Constitution of the United




28
States, or to the acts of Congress applicable to the Territory. The
act of Michigan does not appear to me to be liable to any such objection; and I must therefore deem it a valid law.
" The act of the legislature of Ohio, extending the jurisdiction of
that State over a part of the Territory of Michigan, is, as we have
seen, repugnant to the act of Congress of the Ith of January, 1805,
creating that Territory, and to the acts subsequently passed for its
government; and its actual and complete enforcement would therefore involve a most serious violation of the Laws of the United
States.
*" But I do not think that the mere running of the boundary line
directed by that law, would in itself, and without any attempt to
exercise jurisdiction over the disputed Territory, constitute a criminal offiense against any act of Congress. Nor would it so far
obstruct the faithful execution of the laws of the United States, as
to require any action of the President. The mere running of the
line will, however, constitute an offense against the Territorial act
of the 12th of February, 1835, and if the Commissioners of Ohio
should attempt to execute the duties imposed on them by the law
of their State, prosecution may be instituted against them in the
proper Courts of the Territory; although if the action of Ohio
should be confined to the designation of the line, it is not preceived that any necessity can exist for such prosecution."
Notwithstanding the views of the authorities at Washington,
the Commissioners proceeded to run the line, commencing at the
north-west corner of the State. Gen. Brown sent scouts through
the woods, to watch their movements and to report when they
found them running the line. When the surveying party had got
within the county of Lenawee, the under-sheriff of that county,
with a warrant and posse, made his appearance to arrest them.
He arrested a portion of the party; but the Commissioners and
Surveyor Dodge made a timely escape, and run with all their might
until they got off the disputed territory. They reached Perrysburg the next day with clothes badly torn; some of them hatless,
with terribl looking heads, and Fall with stomachs very much
collapsed. They reported that they had been attacked by a large




24
force of Michigan Militia under Gen. Brown, and had been fired
upon and had just escaped with their lives; and that they expected the balance of their party were killed or prisoners. They
formally reported these facts to Gov. Lucas and he reported them
to the President.
The President sent a copy of the report to Gov. Mason and
directed him to send him a statement of the facts in regard to the
treatment of the boundary Commissioners, "by the officers engaged
in the transaction complained of."  Gov. Mason wrote Gen. Brown
informing him of the communication from the President, and requested him to forward a report from the officers engaged, containing a detailed statement of what had been done; that he could
forward it for the information of the President. Gen. Brown
forwarded the following report from Win. McNair, under-sheriff
of Lenawee county, with his indorsement on the back in these
words: "In consequence of reports being circulated through Ohio
that the Boundary Commissioners had been fired upon by the
Michigan military when the officers made the arrest, the following
statement was officially made by the under-sheriff of Lenawee
county who made the arrests, to the acting Governor of Michigan
Territory, to correct such false reports:"
TECUMSEH, June 17, 1835.
TrO -STEVENS T. MASON, Esq.,
Acting Governor of Michigan Territory.
SIR: —By your request, I have the honor of transmitting to you
certified copies of the affidavits and warrants on which the officers
of Ohio were arrested while attempting to re-mark Harris' Line,
and as the report of the Commissioners to Gov. Lucas and letters
published by them are calculated to give a false coloring to the
transaction, and mislead the public, I forward to you a detailed
statement of the facts from my own observation: On Saturday
afternoon, April 25th, I received as under-sheriff of this county,
from Mr. Justice C. Hewitt, the within warrant from the affidavit
of Mr. Judson. From the best information I could obtain, I was
satisfied the warrants could not be served without assistance
from my fellow citizens. I therefore mustered about thirty men
in the village of Adrian on Saturday evening, and armed them
with muskets belonging to the Territory of Michigan. Early the
next morning, I started with my small posse, intending to overtake
and arrest the Ohio Commissioners and their party. About noon




we came up with them encamped in a small field (owned by one
Phillips,) seven miles within our Territory.  When I arrived
within one-half mile of the Ohio party, I left my assistants under
the charge of a deputy-sheriff and accompanied by S. Blanchard,
Esq., went forward in order to make the arrest in as peaceable a
manner as possible. On arriving at the camp, I enquired for
Messrs. Taylor, Patterson and Sal],  the Ohio Commissioners, and
was told they had stepped out and would be in, in a few minutes.
While I was waiting for my party to come up, and for the Coinmissioners to return, my party came in sight. Col. Hawkins
observed, our friends are coming (meaning my escort) and we
must be prepared for them; when eight or, ten of the Ohio party
armed themselves with rifles and loaded them in my presence. In
a few moments my friends came up and I found the Commissioners
had gone-not to return. I then commenced arresting the armed
party consisting of Cols. Hawkins, Scott, Gould and Fletcher, Maj.
Rice, Capt. Biggerstaff and Messrs. Ellsworth, Mole and Rickets.
After arresting Col. Hawkins, who had in his hand a large
horseman's pistol, and another in his pocket, both loaded, the balance of the party took a position in a log house and barricaded
the door. When I approached with my party within about eight
rods of the house, they all came out except Col. Fletcher, and as
I approached them to make the arrest, some of them cocked their
rifles and directed me to stand off, for they would not be taken.
As I continued to advance upon them, four of the party turned
and run for the woods; a few muskets were then fired over their
heads, and a rush made after them. They were pursued about
thirty rods in the woods, whlen they were all come up with and arrested. The report of a man having a ball pass through his clothes
is a mistake. I was with them for three days and heard nothing
of the clothes shot alluded to in the report of the Commissioners,
and I firmly believe if such had been the fact, I would have heard
of it on the trial or seen the ball hole.
The nine persons arrested were brought to Tecumseh before C.
Hewitt, Esq.,and by his certificate hereunto annexed, it appears
that two were discharged for want of sufficient testimony to hold
them to bail. Six gave bail to appear at our next Circuit Court,
and one (Col. Fletcher) refused to give bail, as he says by direction of Gov. Lucas, and is now in custody of the jailer, who permits him to go at large on his parole of honor. I consider it my
duty further to state, that the charge repeatedly made, that the
officers of Ohio were arrested by a Military party under Gen.
Brown, is not true. He accompanied me as a citizen of Michigan
without any official station, and the whole movement was merely a
civil'operation under the sheriff of this county, to sustain the laws
of Michigan. There has been no call on the Military of Michigan
to my knowledge, connected with the Ohio transaction. And I
am also happy to inform your Excellency, that the Commissioners




28
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 excitement 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 AntiDemocratic 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 impracticable to run the line or enforce jurisdiction over the disputed 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 tile forcible abduction of the citizens of Ohio." The act had reference to counteracting the previous 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 embracing 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,
inToledo.  There was an act passed, entitled
"AN A CT 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 importnnce in the history of this controversy, that I shall make no
apology for copying it entire, including the "'m-hercas.")
"WHEREAs, The legislature of Ohio at its last session, passed
an act providing for the extension of her jurisdiction over that part




27
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 disputed 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 authorities 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 arrangement 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 requested 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 prosecutions and indictments commenced under' the act of the Legislative Council of Michigan of the ]2th of February, A. 1). 1835,
shall be immediately discharged, annulled and discontinued; then




28
and in that case, the action and operation of all laws and pa rts 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 under 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 his 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 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. A resolution was adopted inviting 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 Governor 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




29
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 volunteer. About two thousand men were estimated for the two Divisions 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 commencement of one suit would lay the foundation for many others.
Probably there is no town in the West, (always excepting Lawrence in Kansas,) that has suffered more for its allegiance to its
Government, than Toledo.
The partizans of Ohio were continually harrassed by the authorities 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
hetey got him about half way to Monroe, when the men getting
4




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 Monroe 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 carried 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 requisition 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 warning 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 proportion 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 pursued 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 regarded 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.




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. Manyof 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.
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 McKay.  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)




32
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 declared 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 Aidde-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 consequences be what they will.
We suppose Mr. Secretary Cass must have been at least knowing 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 neighbors, 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,             N. GOODSELL.
Columbus, Ohio."
J. Q. Adams, the District Attorney of Monroe county, Michigan, reported to Gov. Mason on the next day after Dept. Sheriff
Wood was stabbed, a detailed statement of the whole affair, accompanied by numerous affidavits.
Adams' account of the matter was forwarded to President Jackson 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.




33
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 country sent to Washington, N. H. Swayne, W. Allen and D. T. Disney, 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 commit 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 repaired to WVVashington 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 understanding than is believed at present to exist, and to aid in averting 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 discharged and discontinued.
2d. That no new prosecutions under this act shall be instituted.




34
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 jurisdiction or other as they may prefer.
What Ohio expects and desires, as indicated by the bill referred 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 instituting any new prosecutions under that act within the time stated.
The President remarked that he believed advice from the proper 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 session, shall have acted upon the subject, and settled authoritatively
the contested question of right.
As respects the appointment 9f 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 appointment 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.
Hon. Jorm  FORSYTH,                     W. ALLuE.
Secretary of State, U. S."




"DEPARTMENT OF STATE,
WASHINGTON, July 3d, 1835. 
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 submitted, I now have the honor to reply.
In every thing that has been done or suggested by the President, or by his authority, in regard to the question of the Northern boundary of Ohio, he has been influenced solely by a desire to
prevent, without prejudice to the rights of any one, collisions between the authorities of the General, State or Territorial Governments, 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, uitil 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 prosecutions shall be commenced for any subsequent violations of that
act, until after the next session of Congress, and that all questions 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




36
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."
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 whether, considering the excitement of feeling indicated in the Territory, in relation to the questions involved in this subject, there is
not evidence enough of a disposition to resist the exercise of jurisdiction to justify the Executive of Ohio in providing for sustaining 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 commencement of the survey of the line on the 1st of September, at
the point where they had left off.
rfHe 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 authority in that county. They will be placed under the control of
tie; Court, so that they can be had by the Sheriff, or other oficer,




37
if it should be deemed necessary to. protect the civil authority.
I will keep my attention directed to the proceedings of Michigan, and will make preparations accordingly, so as to protect the
Court from insult while sitting, and the Commissioners while completing 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 Governor 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 prevailing 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 respectively 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 a
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 Michigan 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 Michigan; and that the ordinary and usual jurisdiction over it should.,5




38
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 whatever 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 prevent 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 jurisdictiorr 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 supposed 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 ayoid 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 committed 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. 5
SIR: By the President's direction, I have the honor to transmit copies of two letters this day written to Mr. Mason and Mr.




39
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 controversy between Ohio and Michigan.
He hopes that the proofs which these papers afford, of his earnest 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 hav'e 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 tranquility, 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 conmmunication to Gov. Lucas, unexplaincd, is calculated
to gia 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
assaultf 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 formed 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



40
ing September, and as these acts were alleged to have been committed 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 attempted 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 unpleasant one.
The whole attention of the country was directed to the controversy. To stop where he was, and wait the future action of Congress 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 exercise of a greater jurisdiction than was contemplated in the propositions of Messrs. Ruslt and Howard, or in the concession of the
President to Messrs. Swayne, Allen and Disney. If the authorities 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




41
of the authority of the United States. Although Gov. Mason,
whose acts had been universally approved by the people of Michigan, had been removed, and Mr. Shaler appointed in his place,
who was supposed to be more conservative in his views of the controversy, yet the performance of an unlawful act in a lawful manner, was no easy matter. As it was out of the question to think
of reso ing to force, to accomplish the object, brains were used in
the plaO 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 directed Col. Vanfleet to call out his regiment, to act as a posse subject to the orders of the Sheriff, for the protection of the Court.
Andrew  Coffinbury, an old and experienced lawyer, was engaged by the Governor, to act as an assistant Prosecuting Attorney. v 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 MajorGen. Bell, took up quarters at the hotel, in Toledo, demeaning
themselves as private citizens, just happening to be there.  According 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 recon~itre,
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 muskets, 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.




42
The Judges were confounded with fear at learning these factsCol. Vanfleet, at once, ordered his men to form into line; the report 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 account. They did not feel like taking so much responsibility on
themselves alone, without the President Judge and the able assistance 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 discussion 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 qof the Judges. Those that were
opposed to going to Toledo, ware 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 refusing. 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 determined 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 responsible 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 services 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



43
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 command 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. J 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 depositedin the Clerk's hat. When the Court adjourned, the officers and escort went to the tavern, then kept by Munson 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
aecomplished the work intended, speed was of more importance




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 enemy, 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 covering 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
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 recovering the papers was such as to nerve them to the boldest daring. 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 expedition 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




45
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 recovered 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 Gower 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 proceeded 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




46
duty. He had never witnessed the opening of Courts at that
early hour 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 Michigan, 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 admitted 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, ]y strategical movements, achieved a victory that another commander might have lost with the destruction of all his forces.
Ohio had determined that she would get possession of the dif.
puted territory; Michigan had equally determined that she should
not until a higher power than herself gave it to her. The President 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



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 hate given. That the reader may judge of the probability 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 resolution 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. Eorner, after this appears to have been the Acting Governor of




48
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 Legislature 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, claiming that the offence, if any, had been committed within the limits
of Ohio, and that therefore the Courts of Michigan had no jurisdiction 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 remarking 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 boundary 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,
1. 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 presumption 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 Executive, for the purpose of supporting the civil authorities in asserting the supremacy of the laws and maintaining the jurisdiction of




49
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 believed 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 accomplishing the duty allotted to him, with the satisfaction of knowing
that he has been placed at the head of men faithful in the discharge of their duties, both to the Territory and to the commanding officer.                         STEVENS T. MAsoN."
"HEAD QUARTERS,
Order No. 3.            TOLEDO, September 6th, 1835.
The Commanding-General assumes the command of the Michigan 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 humble 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 individual deportment the strictest regard to the supremacy of the laws.
The Commanding-General feels 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 observed. 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,




50
and although young in history, Michigan must be placed by us
in the proud attitude of seeking to do no wrong, and never shrinking to defend the honor of the'country and the inviolability of her
soil.
By order of the Commanding General,
ALPEEUS 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 consider 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 command, 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 conduct while in arms has
been worthy the noble cause which brought them together, characterized 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 command, 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."




APPENDIX.
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 protection, 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 Toledo 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.




It appears thrt ithe multitude comprising this invading army,.
assumend as farIpossible, upon entering Toled',the appearance
of a regular military force-were headed by the!'cting Governor
of the TerritoeY, accompanied by his officers i'their uniforms,
and attended with a numerous train of baggage}.Aggons, contain.
ing camp equippage, ammunition, provisions, wikey, &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 itirely, with the
exception of a! straggling band, who afterwards a:eturned in search
as was preten'de`d,-of the Judges of the Court, bit?:engaging in the:
customary excesses and proCeeding, to acts of~iolence against
certain of the,;citizens; thie inhabitants were arouned to resistance,'.and- they weree forcibly expelled.  Their whol i-number, upoo,
entering Toledo, appears to have been not to e d eleven hun-!
dred, qanAd:ti'have been reduced at the time of Iheir retreat, "to:
someting between five and six hundred."