and we must be prepared for them.' Then 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 Colonels Hawkins, Scott, Gould and Fletcher, and Major Rice, Captain Biggerstaff and Messrs. Ellsworth, Moale and Ricketts. After arresting Colonel 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 eight rods of the house, they all came out, except Colonel Fletcher, and as I approached them to make 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 ran into 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, when they were all arrested. The report of a man having a ball pass through his clothes, is a mistake. * * The nine persons arrested were brought to Tecumseh, before C. Hewitt, Esq., and they were discharged for want of sufficient testimony. Six gave bail to appear at the next. circuit court, and one (Fletcher) refused to give bail, as he says, by direction of Governor 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 that the Ohio officers were arrested by a military party under General Brown, is not true. He accompanied me as a citizen of Michigan without official position, and the whole movement was merely a civil operation under the sheriff of the 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 happy also to inform your Excellency that the commissioners made good time on foot through the Cottonwood Swamp, and arrived at Perrysburg the next morning with nothing more serious than the loss of hats and clothing."

The Miami of the Lake (Perrysburg) of April 27, 1835, had the following in regard to the affair on the border:

"General Taylor arrived this morning from the disputed territory, with the intelligence that an attack had actually been made by the Michigan troops upon the Ohio commissioners while upon the line. The facts, as near as we can learn, are these: On the 26th instant (Sunday), while the commissioners were encamped upon the line, which they had the day previous been running, a party of the Michigan troops appeared in sight, when the commissioners left their encampment and fled, but heard six or eight rifle-shots exchanged between the guard accompanying the commissioners and the Michigan troops. Governor Lucas has dispatched a surgeon and assistant to the scene of action, to take care of the wounded, in case there be any, and the result of the engagement will probably be known before this paper goes to press. The scene of the action is about thirty miles from this place, and ten or fifteen miles southwest from Adrian, Michigan."

In the same paper, under date of April 28th, is this statement:

"Another messenger has reached us, announcing the capture of a portion of the guards who accompanied the Ohio commissioners. while engaged in running line. The last intelligence has dissipated the idea of blood having been spilled. The capture, we learn, was accomplished without much resistance, and but one slight wound, in arm. The number reported taken is eight. We are happy in being able to say that so far the war has been a bloodless one; but we now fear it will end in a bloody and cruel confiict. We have been, from the beginning, laboring to preserve the public mind free from excitement of passion, and have up to the present moment entertained the opinion that the difficulty would be arranged without forcing our honest and industrious citizens to shed each other's blood; but we now acknowledge that we can have little hope for the rule of reason, in case our populace be actuated by the same degree of heated. blood as some of our rulers.

"Messrs. Seely and Patterson (Ohio commissioners), while the above transactions were being enacted, remained in the forest unobserved, until the Michigan forces retired; upon which some of their friends brought them their horses, and they made their way to this place, where they now are, awaiting further orders from the Governor."

With the circumstances thus detailed ended the attempt to survey the Harris line, and left Ohio's case not materially advanced. So viewing the situation, Governor Lucas convened the legislature in extra session, June 8, 1835, when was passed an act "to prevent the forcible abduction of citizens of Ohio," the object being to counteract the legislation of the Michigan council. The most important action of that session, however, was the erection of the county of Lucas, from territory taken from the the north part of Wood county, with the disputed territory north of it, and a portion of the northwest corner of Sandusky county. The county was attached to the Second Judicial Circuit (Judge Higgins presiding), and Toledo made the temporary county-seat. A term of court of common pleas was directed to be held there on the first Monday in September following, at any convenient house.

At the same session, the Ohio legislature passed an act conditionally accepting the proposition made by Commissioners Rush and Howard. After a preamble reciting features of the case, the law provided 1st, that the Governor be requested to comply with the terms of the arrangement entered into on the 7th of April, at the suggestion of Messrs. Rush and Howard; and if the terms of such agreement shall be faithfully regarded by the United States, and all proceedings of the Michigan authorities against citizens of Ohio be annulled, then the laws of Ohio inconsistent with such arrangement with Rush and Howard, should be suspended until the close of the next session of Congress. But should the United States, meantime, or any authorities acting under the United States, do anything inconsistent with said arrangement, or the criminal proceedings in Michigan not be annulled, then this act to be void. The Governor was directed, in case the terms of said arrangement should be violated, to issue his proclamation declaring such to be the fact. At that session the sum of $300,000 was appropriated for carrying into effect the measures adopted for enforcing Ohio's claims against the interference by Michigan authorities and citizens. This bill passed the Senate by a vote of 26 yeas to 7 nays; and the House by a vote of 41 to 26. The bill to erect the county of Lucas passed the House, 41 to 26; and the Senate without a division. The minority in each House preferred to submit the entire ques

tion, as it ta stood, to the action of Congress. The legislature adjourned on the 20th of June, after a session of 13 days. There was throughout a division of sentiment as to the policy to be pursued, though not as to the rights of Ohio in the case. The expenses incurred by the session amounted to $6,823.30.

Dr. Naaman Goodsell, under date of May 23, 1835, informed Governor Lucas of his abduction April 8th, by a Michigan force. He says they appeared at his house about 2 o'clock A.M., demanding admittance, which he refused. They finally forced an entrance; overcame him by force; roughly treated him and his wife; made him their prisoner, and took him into the woods, where he was mounted on a horse and started for Monroe. He was insolently treated. and made to ride a horse without a bridle. The horse being driven from behind, became frightened and ran until the Doctor jumped from him. He was held at Monroe until the next day, and then allowed to return. George McKay went to Monroe as a prisoner at the same time with Dr. Goodsell. McKay's person had marks of violence, and he was compelled to ride with his feet tied under the horse.

Dr. Goodsell, in a letter dated Perrysburg, July 19, 1835, reports to Governor Lucas the circumstances of his escape from arrest by the Michigan force of 300 or 400 men. He and George McKay started together, but being pursued, they separated, McKay having the fastest horse. Dr. Goodsell's horse not warranting such reliance for escape, he dismounted, tied his horse, and "placed his back against a tree, determined to await the assault," but their whole attention being directed to McKay, he (Goodsell) was enabled to escape, after standing by the tree for an hour. He crossed the river in a canoe, remaining there all night. His horse was brought to him next morning.

In the Toledo Gazette, March 12, 1835, appears the message of Governor Lucas to the Ohio legislature, calling for action in support of that State's claim to this locality, and the resolutions of that body claiming such dominion ; and also the proclamation of Governor Mason, setting forth the claim of Michigan to the same, and declaring his purpose to maintain the same at every and any hazard; with the stirring appeal of General Brown, already mentioned.

In June, 1835, Governor Lucas sent Noah H. Swayne, William Allen and David T. Dis

ney, to confer with President Jackson on the subject of the existing troubles. These gentlemen, under date of July 1st, addressed Secretary of State Forsyth, in a letter setting forth the case as viewed by the Ohio authorities. They referred to an interview held with the President, in which they asked that a temporary adjustment be had, under which the Harris line might be run without molestation; and the prosecution of Ohio citizens by Michigan authorities be suspended, which request the President favored. The secretary, in his reply, stated that the President had determined to use his influence toward effecting the arrangement asked by Ohio, in order that matters remain quiet until Congress have time to act.

The only blood shed in this "War" so far authenticated as safely to be made history, attended the attempt of Deputy-Sheriff Joseph Wood, of Monroe county, to arrest Two Stickney, July 15, 1835, the particulars of which event are given in an affidavit made by Lyman Hurd, a constable of Monroe county, who accompanied the deputy-sheriff to Toledo for the purpose of arresting George McKay, a prominent Ohio partisan, and said Stickney. Mr. Hurd stated that he and Wood went into the hotel of J. Baron Davis, where they found Stickney and McKay. Hurd attempted to arrest McKay, when he sprang, caught a chair and told Hurd unless he desisted he would split him down. Hurd then saw that McKay had a dirk in his hand. At the same time Wood made the attempt to arrest Stickney, laying his hand on Stickney's shoulder, when a scuffle ensued, during which Stickney drew a dirk and stabbed Wood in the left side, exclaiming, "There, damn you, you have got it now." Wood then let go of Stickney and put his hand on his side and went to the door, saying he was stabbed. A physician (Dr. Jacob Clark) was then called to examine Wood. When Wood told Stickney he had a precept for him, the latter asked whether it was from Ohio or from Michigan, declaring that he would not be taken on a Michigan writ; but if it was under Ohio he would go. Mr. Hurd says he was advised, for his own safety, to leave the place, which he did without arresting McKay.

The effect of this transaction was greatly to inflame the passions of the Michigan authorities.

In recently speaking of the case referred to, Dr. Clark said he found Wood's pulse scarcely perceptible, he being very weak. At first the case seemed precarious, but he soon rallied. The knife had cut an oblique gash about four inches long, but had not penetrated the lungs. The patient was much astonished to learn that he was not mortally injured. Dr. Clark gave directions in the case and left him. But Wood was not satisfied, suspecting that Dr. Clark's Ohio proclivities had made him in. different to the case. Hence he sent to Monroe for a surgeon, when Dr. Southworth came, examined the wound, and sustained all that Dr. Clark had said of the case. At nine the next morning, Wood started for Monroe. In the treatment of this case, Dr. Clark became the only practical surgeon on either side of the contest- a position to which his part in the incipiency of the trouble entitled him. Stickney, after stabbing Wood, fled to the interior. of Ohio, where he was protected by Governor Lucas, who refused to surrender him on requisition, for the reason that if crime had been committed by Stickney, it was done within the State of Ohio.

The Gazette understood the orders of the force, as declared by its leaders, to proceed to Toledo, to take as prisoners all who were in any way implicated in denying the jurisdiction of Michigan over Toledo; and in case of serious resistance, to burn and destroy the town, and fire upon the first man who undertook to oppose them. The character of the party was said to favor the execution of such plan. The occasion for such proceedings was said to have grown out of a personal difficulty between a stranger named Odell, and a man named Clark from Monroe, in which, as alleged, Clark, acting through one Smith, a hotel-keeper and a justice of the peace of Michigan appointment, undertook to get possession of Odell's team without paying for it. The case was such as to excite the citizens of Toledo to steps to prevent such action, and to warn Clark to leave the town, and Smith not to again attempt the exercise of his office there.

July 20th, Judge Higgins, from Perrysburg, wrote Governor Lucas in regard to the holding of court at Toledo, in September, under the law erecting the county of Lucas. He said that, while ready to undertake such service, without regard to "personal consequences," he still

should "feel acutely, as would every citizen of Ohio, the disgrace of 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." The judge raised the point, whether or not the condition of things would not warrant the Governor in sending to Toledo a force sufficient to protect. the court when it should meet.

July 29th, Governor Lucas wrote the Ohio commissioners, informing them of the arrangement with the President, under which the remarking of the Harris line was to be completed, and that the work would commence September 1st. He further advised them that he had sent "225 rifles and 61 muskets and equipments to Fort Miami (Lucas county), and would send more soon," sufficient for the protection of the civil authorities in that county. They would be placed under control of the court. He said he would watch proceedings and take measures to protect the court from insult, and the commissioners while running the line.

Notwithstanding the specific arrangement of July 3d, made between Ohio and President Jackson for the completion of the survey and the suspension of aggressive action by Michigan, Acting-Governor Mason disregarded such. agreement, and continued arrests, as already stated. For such reason, Secretary of State Forsyth wrote Governor Mason, stating that his zeal in behalf of Michigan had overcome his prudence, and he had been superseded by the appointment of Charles Shaler, of Pennsylvania, as secretary of the Territory. The same day a letter was sent to Mr. Shaler, notifying him of such appointment, and setting forth the position of the President on the boundary question. He stated that from the first it had been the President's opinion, "that without further legislation by Congress, the country in dispute was to be considered as forming, legally, a part of the Territory of Michigan; and that the ordinary and usual jurisdiction over it should be exercised by Michigan. He had never admitted the right set up by Ohio." Further, he said the President had repeatedly and distinctly stated. "what his duty would compel him to do, in the event of an attempt on the part of Ohio to sustain her jurisdiction over the disputed territory by force of arms." He had with regret

and surprise noticed that Governor Mason had assumed that he (the President) had approved the claim of Ohio. "An acknowledgment of the right and the temporary arrangement to avoid the danger of a hostile collision," was, in the President's view, "in no respect inconsistent with the obligations of the constitution and laws." The secretary said the President "had seen with regret the recent outrages committed at Toledo on officers of justice who attempted to execute process under authority of Michigan," and he "recommended that the offenders who resisted and wounded a civil officer (Deputy-Sheriff Wood) in the execution of his duty, and had fled from the Territory, should be promptly demanded from the executive of any State in which they may have taken refuge."

August 29th Secretary Forsyth also wrote Governor Lucas, enclosing copies of his letters to Governor Mason and Mr. Shaler, and expressing the hope that the spirit shown by the President in those letters would be "met by measures dictated by the same spirit on the part of Governor Lucas. "As it is apparent," said the Secretary, "from the recent presentment of the grand jury of Wood county, that the inhabitants of Toledo have declined, at present, the jurisdiction of Ohio, the President hopes no attempt will be made now to exercise it within the disputed territory." It was stated that the claim of Ohio having been publicly put forth in the face of the country, the omission to enforce it, while awaiting the action of Congress, "could not be considered as weakening any just foundation on which it might rest.”

The action of the Wood county grand jury referred to by Secretary Forsyth, consisted simply in examining witnesses sent before them who testified that individuals had been elected to office in Toledo under the laws of Michigan and performed official duties in disregard of the laws of Ohio. Other criminal acts were shown. In view of the fact that Toledo had been set off as part of the new county of Lucas, whose court was to meet in September, and as the alleged offenses were committed after the erection of said county, the jury declined action in the premises.

August 7, 1835, Adjutant-General S. C. Andrews issued an order to commandants of divisions throughout Ohio, for them to report at once "what numbers of cavalry and mounted

riflemen would be willing to march at a moment's warning to aid in defending our northern frontier." The order was of "a confidential character." Previous to such order spontaneous offers had been made of men to the number of 2,340, but were not wanted, being chiefly infantry and riflemen. In a short time thirteen divisions reported 10,021 as ready to respond to a call, of whom 5,835 were mounted men and 4,186 infantry and riflemen. The total offers were 12,361. In several instances the commandants were confident the numbers named might readily be greatly increased.

This action on the part of the Ohio authorities naturally led those of Michigan to counteraction. Thus, the Detroit Free Press of August 26, 1835, had the following items:

"THE OHIO CONTROVERSY.-The legislative council yesterday had this subject under consideration. They have made an appropriation of $315,000 to meet any emergency which may arise, and we learn that every arrangement will be made to afford a warm reception to any portion of the 'million' of Ohio, that may visit our borders. Michigan defends her soil and her rights, and we would wish our fellow-citizens of Ohio to recollect that thrice armed is he who hath his quarrel just.'

"WAR! WAR!!-Orders have been issued for volunteers to rendezvous at Mulhollen's in the county of Monroe, on the 1st of September next, for the purpose of resisting the military encroachments of Ohio. The Territory, it is expected, will be on the alert, and we understand services will be accepted from all quarters."

The latter movement evidently had reference to preventing the holding of the court at Toledo, September 7th. What was the force which finally was employed by Governor Lucas can not be ascertained, as no record of the same can be found at Columbus, beyond the amount paid out for the services rendered.

The situation as thus shown, while largely conforming to the policy and wishes of Governor Lucas, was yet by no means without its embarrassing features with him. His arrangement with the Government was for no action on the part of Ohio in connection with the boundary question, beyond the re-marking of the Harris line; while on condition of such course by Ohio the Michigan authorities were

to cease attempts to enforce jurisdiction. But the county of Lucas had been created, and by law a court was to be held at Toledo on the 7th of September. The situation was an embarrassing one. barrassing one. Threatened by the President with the Federal power in resistance to any violation of the compact or truce, it was a nice point to determine how jurisdiction so positive as the holding of an Ohio court in the disputed territory was to be accomplished without trouble with the Government. In such emergency it was decided to substitute strategy for force.

When the time approached for holding the court at Toledo, Governor Lucas sent AdjutantGeneral S. C. Andrews to confer with the judges and county officers as to the most practicable ways and means for holding the court. It was finally arranged that Colonel Vanfleet should furnish his regiment to act as a posse, subject to orders of the sheriff, for the protection of the court. Such force accordingly appeared at Miami, within the new county. The AdjutantGeneral and Major-General John Bell of Lower Sandusky (Fremont), proceeded to Toledo in citizen's dress. On Sunday, September 6th, the three associate judges, sheriff and others met at Miami, ready to move to Toledo under escort of Colonel Vanfleet's force of one hundred men. Unfortunately the report was brought in on Sunday evening that General Brown had reached Toledo with a force of 1,200 Michigan troops, to prevent the holding of the court. The effect of this information was essentially disturbing. The judges and others were in serious doubt as to what should be done some favoring a "back-out," while others insisted on an advance, Judge Higgins and Andrew ("Count") Coffinbury (the latter having been appointed prosecuting attorney) were absent when the report came in, which embarrassed the associate judges. It was finally decided to submit the question to Colonel Vanfleet, it being assumed by those not willing to make the trip, that that officer would hardly feel prepared, with his small force, to meet 1,200 Michigan troops. It is reported that the colonel, turning to the judges, "If you are women, go home! If you are men, do your duty as judges of the court! I will do mine." The colonel then said he wanted twenty brave men, who were willing to take the risk of a hazardous enterprise; and requested that such of them as were ready to

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