CHAPTER XLI TOLEDO AND PATRIOT WARS GOVERNOR CAUSES OF THE TOLEDO WAR-BOUNDARY DISPUTE THE HARRIS LINE- OF THE ANN-UNITED The so-called "Toledo War" grew out of a dispute over the boundary line between Michigan and Ohio. When the latter state was admitted into the Union on February 19, 1803, the northern boundary was not clearly defined, owing chiefly to the fact that at that time Congress was not sufficiently acquainted with the region about the Great Lakes to describe an accurate line. On January 11, 1805, President Jefferson approved the act of Congress creating the Territory of Michigan, the southern boundary of which was described as "a line drawn east from the southern end of Lake Michigan to Lake Erie." As a better knowledge of the Great Lake country was acquired through the formation of new settlements, it was discovered that the line of 1805 would give Michigan a strip of land across the northern part of Ohio. This strip was about five miles wide at Lake Michigan and eight miles wide at Lake Erie, which would include the City of Toledo. THE HARRIS LINE Thus matters stood until 1817, when, in accordance with an act of Congress, William Harris surveyed the line in such a way as to place the disputed strip wholly within the Ohio limits, though Michigan continued to exercise jurisdiction over the territory. The Harris survey therefore gave Ohio a barren victory and Michigan remained in control until 1835. Early in that year Governor Lucas, of Ohio, issued a proclamation setting forth the rights of his state to the strip and appointing three commissioners to re-establish and mark the Harris line. In this action the governor was supported by the Legislature of Ohio, which passed an act creating the County of Lucas, with Toledo as the county seat, and authorizing a session of the Court of Common Pleas to be held in the new county on September 7, 1835. But Michigan was not to be caught napping. About the time Governor Lucas issued his proclamation, the Michigan Legislature passed an act making it a criminal offense, under penalty of $1,000 fine and imprisonment for five years, for any person or persons except the officials of the Territory of Michigan or of the United States "to exercise or attempt to exercise any official authority in the disputed territory." GOVERNOR MASON ACTS To enforce this law Governor Mason on February 19, 1835, issued a written order to Brig.-Gen. J. W. Brown, commanding the Third Brigade of the Michigan militia, to prevent any of the Ohio officials from exercising jurisdiction over the disputed strip. In carrying out this order, General Brown was directed to use only the civil authorities, unless a situation arose that might make it necessary to call out the militia to protect Michigan's rights. The general was also requested to ascertain and report the names of any of Michigan's civil officials or military officers suspected of favoring Ohio's claims, and to recommend others to take their places. Governor Mason's order to General Brown awakened public sentiment in Michigan and a mass meeting was called in Detroit to consider the advisability of memorializing the Federal administration on the subject. The meeting was well attended and after hearing addresses by some of Detroit's most prominent citizens a committee was appointed to prepare a memorial, with instructions to report at an adjourned meeting on March 6, 1835. The committee's report contained a strong protest against the claims of Ohio and after adoption by the meeting the memorial was forwarded to Washington. President Jackson, seeing that Ohio was mainly interested in securing a port on the Maumee Bay, at the head of Lake Erie, sent two commissioners to effect a compromise, if possible, so that Ohio could be given a lake port and at the same time protecting Michigan's interests. These peace officers accomplished nothing and the fight went merrily on. The Ohio authorities attempted to exercise jurisdiction in Toledo by ordering an election for town officers to be held on Monday, April 6, 1835. Two days later the sheriff of Monroe County, Michigan, acting under orders from General Brown, went to Toledo at the head of a posse and arrested two men named Goodsell and McKay who had been especially active on election day, but they were admitted to bail and returned to their homes. A few days later the same sheriff, with a posse of 200 men, again entered Toledo for the purpose of making further arrests, but the men he wanted learned of his coming and could not be found. MILITIA CALLED OUT General Brown, finding that the civil authorities were unable to cope with the situation, ordered a detachment of militia to the border. On April 26, 1835, about twelve miles southwest of Adrian, this detachment encountered the Ohio commissioners, who were engaged in marking the Harris line. Shots were exchanged and the commissioners, with part of their body-guard, were captured. When news of this event reached Governor Lucas, he ordered out about two hundred of the Ohio militia and within a day or two he was at the head of this force at Port Miami, apparently determined to resist to the utmost any further arrests of Ohio citizens. Matters now quieted down a little and on May 2, 1835, the Ohio troops were disbanded. For more than two months after this no demonstrations were made by either side. Late on the afternoon of Saturday, July 18, 1835, the sheriff of Monroe County suddenly appeared in Toledo, with an armed posse of 250 men, and arrested seven or eight citizens of that place. Some of the posse went to the office of the "Toledo Gazette," which had been particularly ener getic in asserting Ohio's claims, and inflicted considerable damage upon the property. These arrests and the raid on the Gazette office reopened the whole controversy. Governor Mason was determined that Michigan should control the disputed strip and ordered the militia of the territory to mobilize at a place called Mulholland's in Monroe County. Governor Lucas, equally determined that Ohio should exercise authority, called out the militia of that state, and for a time civil war seemed imminent. A MIDNIGHT COURT SESSION On Sunday, September 6, 1835, Governor Mason and General Brown, at the head of about one thousand Michigan troops, marched into Toledo, the principal object of the invasion being to prevent the holding of the session of the Court of Common Pleas the next day, as provided for in the act of the Ohio Legislature creating Lucas County. Governor Lucas, seeing the Michigan military force too strong to be opposed successfully, resorted to strategy. Shortly after midnight, when the 7th of September was less than one hour old, the governor, judge and court officers met secretly and opened court, which was almost immediately adjourned. No causes were heard, no decisions rendered, but the Ohio law was at least technically complied with and the state thereby gained a victory. The brief records of the session were written on loose sheets of paper and carried away by the clerk. GOVERNOR MASON REMOVED On Tuesday, September 8, 1835, while Governor Mason was addressing his troops, a messenger arrived with an official communication from President Jackson announcing the removal of the governor and the appointment of John S. Horner, of Pennsylvania, as his successor. Thus Ohio claimed another victory. On the 10th the Michigan troops were withdrawn from Toledo and returned to Detroit on the steamer "General Brady." The new acting governor Horner did not arrive in Detroit until September 20, 1835. One of his first official acts was to issue an address to the people of Michigan, outlining his policy as to the needs of the territory. His views did not meet with the approval of the people, who were warmly attached to Governor Mason and were inclined to resent his removal. Soon after issuing his address, Governor Horner ordered the release of the prisoners arrested in Toledo, giving his reasons therefor in an official document dated October 5, 1835. The release of the prisoners crystallized the opposition to the new governor and at a meeting held in Detroit the following resolution was unanimously adopted: "Resolved, That if our present secretary and acting governor of the territory should find it beyond his control, either from the nature of his instructions, his feelings of tenderness towards those who have for a long time set at defiance the laws of the territory as well as those of the United States, or any feeling of delicacy toward the executive of a neighboring state, who has in vain endeavored to take forcible possession of a part of our territory, it is to be hoped he will relinquish the duties of his office and return to the land of his nativity.” Mr. Horner served as acting governor from September 20th to November 2, 1835, and continued as secretary about ten days longer. During his short tenure of office he managed to handle the disputed boundary question in such a way as to give Ohio great advantages. Michigan was then a candidate for admission into the Union. A constitutional convention had been held and state officers elected, but Congress refused to admit the state unless and until she would agree to relinquish all claims to the disputed territory. These terms were finally accepted and the "Toledo War" was ended. In 1837 the Michigan Legislature appropriated $13,658.76 to pay the expenses incurred in the efforts to hold possession of the strip, which was ultimately awarded to Ohio. A WAR SONG Although a majority of the Michigan people looked upon the boundary dispute and the "Toledo War" as serious matters, there were many who regarded the whole affair as a huge joke. Some wag composed the following "War Song," which was sung about Detroit, and which illustrates the sentiment of the jokers: "Old Lucas gave his order all for to hold a court, And Stevens Thomson Mason, he thought he'd have some sport. He called upon the Wolverines and asked them for to go To meet this rebel Lucas, his court to overthrow. "Our independent companies were ordered for the march, With each a pair of pistols and sword hung by his side.” THE PATRIOT WAR A few months after Michigan was admitted into the Union, some of the citizens of Canada, comparing the condition of that country with the prosperity of the United States, came to the conclusion that the different forms of government were responsible for the different conditions and organized a revolt, demanding the independence of the Dominion. The "Patriots," as the revolutionists called themselves, took possession of and fortified Navy Island in the Niagara River, where they established a base of operations and began to collect troops, munitions and military supplies. THE CAROLINE INCIDENT The traditions of the Revolution and the recollections of the War of 1812 led many citizens of the United States to espouse the cause of the Patriots. The steamer "Caroline" was fitted out at Buffalo as a sort of privateer and made regular trips between that city, Black Rock and Navy Island, carrying sympathetic visitors to the camp of the revolutionists, and, what was of much greater importance, large quantities of supplies contributed by friends in New York, Ohio and Michigan. The activities of this vessel finally aroused the Canadian officials to action. On December 29, 1837, she was captured, after a sharp fight in which twelve men were killed, and set on fire. The destruction of the "Caroline" called forth vigorous protests from the American sympathizers, who threatened all sorts of retaliation, regardless of the neutrality laws. The war department then sent Gen. Winfield Scott to the border to preserve order and to see that the laws relating to neutrality were not openly violated. SENTIMENT IN DETROIT Energetic action on the part of the Canadian Government caused the defeat of the Patriots at several points and about the beginning of the year 1838 over three hundred Patriot refugees came to Detroit, where they were accorded a warm welcome. Among the sympathizers in the United States were many who disliked the idea of placing themselves in opposition to the Federal authorities by an open violation of the neutrality laws, yet were anxious to assist the revolutionists. These organized secret societies, known as "Hunters' Lodges," and rendered aid to the Patriots by underground methods. Others were more bold and on January 1, 1838, a meeting was held, at which $135 and ten rifles were subscribed for the benefit of the cause. The "Morning Post," published by Kingsbury & Burnham, openly espoused the cause of the Patriots and urged the people of Detroit to contribute liberally to its support. When news of the meeting and the attitude of the "Post" reached the Canadian officials, they demanded the surrender of the refugees. Some of the more hot-headed Canadians threatened to attack Detroit and burn the town if they were not given up. Wiser counsel prevailed, however, and the attack was not made, though the threat had the effect of awakening the fighting spirit of the Detroiters, who decided to assume the offensive. About 3 o'clock on the morning of January 5, 1838, some twenty-five or thirty men went quietly to the county jail, where 450 stands of arms and a quantity of ammunition was stored, aroused Jailor Thompson, overpowered him without hurting him, and disappeared in the darkness with the guns and ammunition. The next day the Patriots went to the landing, took forcible possession of the schooner "Ann," manned the vessel with 132 men armed with the guns taken from the jail and set sail for Fighting Island. An English vessel chased the schooner down the river and at Ecorse she was hailed by the United States marshal, who had there assembled a posse of citizens. The "Ann" ignored both the pursuing vessel and the marshal's hail and continued on down the river. On her voyage she was joined by several small boats bearing recruits and finally the whole force, including more than three hundred Canadian refugees, was landed at Gibraltar. Later in the evening sixty men from Cleveland, led by a Scotchman named Sutherland, arrived on the steamer "Erie." After the arrival of this reinforcement it was decided to cross over and capture Fort Malden (now Amherstburg). Sutherland first attempted to take possession of Bois Blanc Island, but found it already occupied by a force of British regulars and Canadian militia. He then retired to Fighting Island. The troops on Bois Blanc Island, fearing he would attempt the capture of Fort Malden, returned to that place. Meantime the authorities at Detroit were not idle. As soon as it was learned that the "Ann" had been captured by the Patriots, a meeting was called at the city hall for the purpose of devising means to prevent the violation of the neutrality laws. As a result of this meeting, about 2 A. M., January 8, 1838, Governor Mason, with 220 volunteers, set out with the steamers "Erie” and "General Brady" to arrest Dr. E. A. Theller, commanding the "Ann," and his crew, and to regain the arms taken from the jail. Doctor Theller was apprised of the governor's movements and ran the schooner to one of the islands |