The matter rested until 1821, when the assessor of Waynesfield township of Wood County, Ohio, undertook to list for taxation the property between the Fulton and the Harris lines. This led to a second protest. In 1834 Michigan was entitled through its attained population to elevation to statehood. Thereupon the dispute became warm over the state ownership of Toledo and the Toledo strip. Ohio sentiment was in the majority among the people of Toledo. But the fact that Toledo was then virtually cut off from Ohio by the Black Swamp, while there was free access to the settled territory of Monroe County, had influence and led some to hold for adherence to the Fulton line. There was active propaganda in both states and some curious claims and petitions were made. One of the most appealing claims was that of certain distressed Toledoans for annexation to Ohio on the ground that Michigan was such an unhealthy state. The health of the people, they held, ought to be the first consideration of the Government. As a part of Michigan they would become perpetual victims of fever and ague.

On February 23, 1835, at the suggestion of Gov. Lucas, the Ohio legislature passed an act asserting Ohio's claim to the

disputed territory north of the Harris line and expressing a determination to enforce that claim. Three commissioners, Uri Seeley, Jonathan Taylor and John Patterson, were appointed to resurvey the Harris line and establish it as the northern boundary of Ohio.

But Michigan was not caught napping. The acting Governor, Stevens T. Mason, called the attention of the Legislative Council to the scheme of Ohio and advised prompt action in defense of Michigan's just claim. The Legislative Council responded with an act forbidding any official acts or functions on the part of Ohio citizens north of the Fulton line under a penalty of $1,000 or imprisonment at hard labor for a period of five years. A like penalty was fixed for any person of another state accepting any office in said Territory of Michigan. As a consequence of this act no taxes were levied in that strip during 1835. Some of the property owners did not care how long the condition would last.

But the official set of Ohioans elected for the district in April, 1835, wanted to assume their duties. They petitioned Gov. Mason to assist in maintaining peace and order in the Toledo strip while they would exercise their respective official functions. Gov. Mason's answer was to call out the Michigan militia under Gen. Joseph W. Brown to defend the rights of Michigan. Gathering a force of about 1,000 men, Gov. Mason and Gen. Brown marched to Perrysburg, where they halted to await developments from the other side. In Monroe County they gathered enough men to make the total number 1,160, practically all of them mounted men. At the same time Gov. Lucas, of Ohio, accompanied by his military staff and the boundary commissioners, reached Perrysburg to officially mark the Harris line. Gov. Lucas had the backing of several hundred Ohio militiamen in command of Gen. John Bell, of Lower Sandusky, now Fremont.

There at Perrysburg stood two opposing forces of embattled farmers waiting to fire the shot to be heard 'round the world. It was Gov. Lucas' move-to begin the overt act of surveying which would be the signal for Michigan's attack. At

this critical moment Richard Rush, of Philadelphia, and Col. Howard, of Baltimore, rushed upon the scene as special commissioners from President Jackson to stay the impending warfare and institute peace proceedings. They were accompanied by Elisha Whittlesey, Congressman, of Ohio. Several conferences were held between the opposing forces. A collision was avoided, but no settlement could be arranged except by an abandonment of Ohio's plan.

The matter was referred by President Jackson to Attorney General Butler, who declared that the attempted action of Ohio was in violation of the laws of the United States, but that the re-marking of the Harris line would not constitute such a violation. He also declared the act of Michigan prohibiting the exercise of Ohio's authority north of the Fulton line valid until annulled by Congress.

With this understanding the survey was permitted to proceed under the watchful eyes of Michigan men. The Michigan men were impatient for action and on April 25 Gen. Brown advanced upon the surveyors and their guards with a force of 60 men and opened fire, whereupon the surveyors and their escort lost no time in getting out of range of the Michigan muskets, which had been "borrowed" from the Government arsenal at White Pigeon, now Pigeon. Nine men of the surveying party made haste too slowly and were taken prisoners and carried off to Tecumseh, Michigan. No shots were fired in return and those fired by Michigan men went high over the heads of their opponents.

The Ohio legislature met in extra session and appropriated $300,000 for carrying into effect Gov. Lucas' orders. Another bill was passed, providing for the creation of the County of Lucas, which included the disputed territory. In the meantime Michigan men were busily abducting Ohio men found in the strip. Although the situation remained ticklish and there was danger of serious conflict, the only bloodshed of the Toledo War was incurred when Deputy Sheriff Joseph Wood, of Monroe, attempted to arrest Two Stickney at Davis' tavern. Stickney stabbed Wood with a dirk as the arrest was attempted and

thus disabled his would-be captor. Wood suffered a four-inch gash across his chest, but the wound was not serious. The father of Two Stickney, Benjamin F. Stickney, was both original and eccentric in the naming of his children, his sons being known respectively as One Stickney, Two Stickney, Three Stickney and so forth to designate their order of birth by their names.

CHAPTER LXIII

SURRENDER OF TOLEDO THE CANADIAN

T

REBELLION

HE County of Lucas having been created in Michigan
Territory by act of Ohio's legislature, the next step

would be the formal opening of court to establish the title. The day set was September 7, 1835, but the Michigan men were so numerous and so determined that court must be held in secret to avoid a clash of armed forces. It was planned to have the court protected by 100 militiamen and on Sunday, September 6, three associate judges, the sheriff and others met at Miami and prepared to enter Toledo. But hearing that 1,200 armed Michiganders were at hand, it was decided that it would be safer for a small group of men to enter Toledo at night and immediately after midnight to open a court of common pleas in the County of Lucas for the first time.

At the appointed time a group of about 25 men met in a schoolhouse where Washington, Monroe, Michigan and Erie streets now form a square in Toledo. The judges were Jonathan H. Jerome, Baxter Bowman and William Wilson. Junius Flagg acted as sheriff and Dr. Horatio Conant, of Maumee, as clerk. The court was opened by the dim light of a tallow candle on the clerk's table and the only business performed was the appointment of John Baldwin, Robert Gower and Cyrus Holloway as county commissioners. The clerk wrote his minutes on loose sheets of paper and presently the presiding judge announced that, "there being no further business, the court would stand adjourned.'

At this moment a sentinel who had been posted without allowed his sense of humor full play and thrusting his head inside the door he shouted: "The Michigan men are coming. Immediately there was a panic and the attendants at court began bolting through the door. The clerk of the court paused