Toledo War
Encyclopedia
The Toledo War also known as the Michigan-Ohio War, was the almost entirely bloodless boundary dispute
between the U.S. state
of Ohio
and the adjoining territory of Michigan
.
Originating from conflicting state and federal legislation passed between 1787 and 1805, the dispute resulted from poor understanding of geographical features of the Great Lakes
at the time. Varying interpretations of the law caused the governments of Ohio and Michigan to both claim sovereignty
over a 468 square miles (1,212.1 km²) region along the border, now known as the Toledo Strip. When Michigan sought statehood
in the early 1830s, it sought to include the disputed territory within its boundaries; Ohio's Congressional delegation was in turn able to halt Michigan's admission to the Union.
Beginning in 1835, both sides passed legislation attempting to force the other side's capitulation. Ohio's governor Robert Lucas
and Michigan's 24-year-old "Boy Governor" Stevens T. Mason
were both unwilling to cede
jurisdiction of the Strip, so they raised militias and helped institute criminal penalties for citizens submitting to the other's authority. The militias were mobilized and sent to positions on opposite sides of the Maumee River
near Toledo
, but besides mutual taunting there was little interaction between the two forces. The single military confrontation of the "war" ended with a report of shots being fired into the air, incurring no casualties.
During the summer of 1836, Congress proposed a compromise whereby Michigan gave up its claim to the strip in exchange for its statehood and approximately three-quarters of the Upper Peninsula
. The compromise was considered a poor outcome for Michigan at the time, nearly all of it was still Indian territory, and voters in a state convention in September soundly rejected it.
In December 1836, the Michigan territorial government, facing a dire financial crisis and pressure from Congress and President Andrew Jackson
, called another convention (called the "Frost-bitten Convention") which accepted the compromise which resolved the Toledo War.
The later discovery of copper
and iron
deposits and the plentiful timber
in the Upper Peninsula more than offset Michigan's economic loss in surrendering Toledo.
enacted the Northwest Ordinance
, which created the Northwest Territory
in what is now the upper Midwestern United States
. The Ordinance specified that the territory was eventually to be divided into "not less than three nor more than five" future states. It was determined that the north-south boundary for three of these states was to be "an east and west line drawn through the southerly bend or extreme of Lake Michigan
."
At the time, the actual location of this extreme was still unknown. The most highly regarded map of the time, the "Mitchell Map
", placed it at a latitude near the mouth of the Detroit River
. This meant that the entire shoreline of Lake Erie
west of Pennsylvania
would have belonged to the state that was to become Ohio. When Congress passed the Enabling Act of 1802
, which authorized Ohio to begin the process of becoming a U.S. state
, the language defining Ohio's northern boundary differed slightly from that used in the Northwest Ordinance: the border was to be "an east and west line drawn through the southern extreme of Lake Michigan, running east...until it shall intersect Lake Erie or the territorial line [with Canada]; thence with the same, through Lake Erie to the Pennsylvania line aforesaid."
Because the territorial boundary line between the U.S. and Canada ran through the middle of Lake Erie and then up the Detroit River, combined with the prevailing belief regarding the location of the southern tip of Lake Michigan, the framers of the 1802 Ohio Constitution
believed it was the intent of Congress that Ohio's northern boundary should certainly be north of the mouth of the Maumee River, and possibly even of the Detroit River. Ohio would thus be granted access to most or all of the Lake Erie shoreline west of Pennsylvania, and any other new states carved out of the Northwest Territory would have access to the Great Lakes via Lakes Michigan, Huron
, and Superior
.
During the Ohio Constitutional Convention in 1802, the delegates allegedly received reports from a fur trapper that Lake Michigan extended significantly farther south than had previously been believed (or mapped). Thus, it was possible that an east-west line extending east from Lake Michigan's southern tip may have intersected Lake Erie somewhere east of Maumee Bay
, or worse, may not have intersected the lake at all; the farther south that Lake Michigan actually extended, the more land Ohio would lose, perhaps even the entire Lake Erie shoreline west of Pennsylvania.
Addressing this contingency, the Ohio delegates included a provision in the draft Ohio constitution that if the trapper's report about Lake Michigan's position were in fact correct, the state boundary line would be angled slightly northeast so as to intersect Lake Erie at the "most northerly cape of the Miami [Maumee] Bay." This provision would guarantee that most of the Maumee River
watershed
and all of the southern shore of Lake Erie west of Pennsylvania would fall in Ohio.
The draft constitution with this proviso was accepted by the United States Congress, but before Ohio's admission to the Union in February 1803, the proposed constitution was referred to a Congressional committee
. The committee's report stated that the clause defining the northern boundary depended on "a fact not yet ascertained" (the location of the southern extreme of Lake Michigan), and the members "thought it unnecessary to take it [the provision], at the time, into consideration."
When Congress created the Michigan Territory
in 1805, it used the Northwest Ordinance's language to define the southern boundary, which therefore differed from that in Ohio's state constitution. This difference, and its potential ramifications, apparently went unnoticed at the time, but it established the legal basis for the conflict that would erupt thirty years later.
— which would later become Toledo — urged the Ohio government to resolve the border issue. The Ohio legislature, in turn, passed repeated resolutions and requests asking Congress to take up the matter. In 1812, Congress approved a request for an official survey of the line. Delayed because of the War of 1812
, it was only after Indiana
's admission to the Union in 1816 that work on the survey commenced. U.S. Surveyor General Edward Tiffin
, who was in charge of the survey, was a former Ohio governor.
As a result, Tiffin employed surveyor William Harris to survey not the Ordinance Line, but the line as described in the Ohio Constitution of 1802. When completed, the "Harris Line" placed the mouth of the Maumee River completely in Ohio. When the results of the survey were made public, Michigan territorial governor Lewis Cass
was unhappy, since it was not based on the Congressionally approved Ordinance Line. In a letter to Tiffin, Cass stated that the Ohio-biased survey "is only adding strength to the strong, and making the weak still weaker."
In response, Michigan commissioned a second survey that was carried out by John A. Fulton. The Fulton survey was based upon the original 1787 Ordinance Line, and after measuring the line eastward from Lake Michigan to Lake Erie, it found the Ohio boundary to be south of the mouth of the Maumee River. The region between the Harris and Fulton survey lines formed what is now known as the "Toledo Strip." This ribbon of land between northern Ohio and southern Michigan spanned a region five to eight miles (13 km) wide, of which both jurisdictions claimed sovereignty. While Ohio refused to cede its claim, Michigan quietly occupied it for the next several years, setting up local governments, building roads, and collecting taxes throughout the area.
industry, rivers and canal
s were the major "highways of commerce" in the American Midwest. A small but important part of the Strip — the area around present day Toledo and Maumee Bay — fell within the Great Black Swamp
, and this area was nearly impossible to navigate by road, especially after spring and summer rainfalls. Draining into Lake Erie, the Maumee River was not necessarily well-suited for large ships, but it did provide an easy connection to Indiana
's Fort Wayne
. At the time, there were plans to connect the Mississippi River
and the Great Lakes through a series of canals. One such canal system approved by the Ohio legislature in 1825 was the Miami and Erie Canal
that included a connection to the Ohio River and an outflow into Lake Erie via the Maumee River.
During the conflict over the Toledo Strip, the Erie Canal
was built, linking New York City
and the Eastern seaboard
to the Great Lakes at Buffalo
. The canal, finished in 1825, immediately became a major route for trade and migration. Corn and other farm products from the Midwest were able to be shipped to eastern markets for much less expense than the older route along the Mississippi River
. In addition, the migration of settlers to the Midwest increased sharply after the canal was finished, making existing port cities such as Buffalo boomtown
s.
The success of the Erie Canal inspired many other canal projects. Because the western end of Lake Erie offered the shortest overland route to the frontiers of Indiana and Illinois, Maumee Harbor was seen as a site of immediate importance and great value. Detroit was twenty miles (32 km) up the Detroit River from Lake Erie, and faced the difficult barrier of the Great Black Swamp to the south. Because of this, Detroit was less suited to new transportation projects such as canals, and later railroads, than was Toledo. From this perspective on the rapidly developing Midwest of the 1820s and 1830s, both states had much to gain by controlling the land in the Toledo Strip.
Also, the Strip west of the Toledo area is a prime location for agriculture
, because of its well-drained, fertile loam
soil. The area had for many years been characterized by high per-acre productivities of corn
and wheat
. Michigan and Ohio both wanted what seemed strategically and economically destined to become an important port and a prosperous region.
had reached the disputed area from two directions, progressing southward from a baseline in Michigan and northward from one in Ohio. For unknown reasons, Surveyor General Tiffin ordered the two surveys to close on the Northwest Ordinance (Fulton) line, rather than Harris' line, perhaps lending implicit support to Michigan's claims over Ohio's. Thus, townships that were established north of the line assumed they were part of Michigan Territory. By the early 1820s, the growing territory reached the minimum population threshold of 60,000 to qualify for statehood. However, when Michigan sought to hold a state constitutional convention in 1833, Congress rejected the request because of the still disputed Toledo Strip.
Ohio asserted that the boundary was firmly established in its constitution and thus Michigan's citizens were simply intruders; the state government refused to negotiate the issue with the Michigan Territory. The Ohio Congressional delegation was active in blocking Michigan from attaining statehood, lobbying other states to vote against Michigan. In January 1835, frustrated by the political stalemate, Michigan's acting territorial Governor Stevens T. Mason
called for a constitutional convention
to be held in May of that year despite Congress' refusal to approve an enabling act authorizing such a state constitution.
In February 1835, Ohio passed legislation that set up county governments in the Strip. The county in which Toledo sat would, later in 1835, be named after incumbent
Governor Robert Lucas
, a move that further exacerbated the growing tensions with Michigan. Also, during this period, Ohio attempted to use its power in Congress to revive a previously rejected boundary bill that would formally set the state border to be the Harris Line.
Michigan, led by the young and hot-headed Mason, responded with the passage of the Pains and Penalties Act just six days after Lucas County was formed; the act made it a criminal offense for Ohioans to carry out governmental actions in the Strip, under penalty of a fine up to $
1,000 and/or up to five years imprisonment
at hard labor
. Acting as commander-in-chief
of the territory, Mason appointed Brigadier-General Joseph W. Brown
of the Third U.S. Brigade
to head the state militia, with the instructions to be ready to act against Ohio trespass
ers. Lucas obtained legislative approval for a militia of his own, and he soon sent forces to the Strip area. The Toledo War had begun.
Former United States President John Quincy Adams
, who at the time represented Massachusetts
in Congress, backed Michigan's claim. In 1833, when Congress rejected Michigan's request for a convention, Adams summed up his opinion on the dispute: "Never in the course of my life have I known a controversy of which all the right so clearly on one side and all the power so overwhelmingly on the other."
, ten miles (16 km) southwest of Toledo, on March 31, 1835. Shortly thereafter, Governor Mason and General Brown arrived to occupy the city of Toledo proper with around 1,000 armed men, intending to prevent Ohio advances into the Toledo area as well as stopping further border marking from taking place.
consulted his Attorney General Benjamin Butler
for his legal opinion on the border dispute. At the time, Ohio was a growing political power in the Union, with nineteen U.S. Representatives and two Senators. In contrast, Michigan, still being a territory, had only a single non-voting delegate. Ohio was a crucial swing state
in presidential elections, and it would have been devastating to the fledgling Democratic Party
to lose Ohio's electoral votes. Therefore, Jackson calculated that his party's best interest would be served by keeping the Toledo Strip a part of Ohio.
The response that Jackson received from Butler was unexpected: the Attorney-General held that until Congress dictated otherwise, the land rightfully belonged to Michigan. This presented a political dilemma for Jackson that spurred him to take action that would greatly influence the outcome of the "war".
On April 3, 1835, Jackson sent two representatives from Washington, D.C.
, Richard Rush
of Pennsylvania
and Benjamin Chew Howard
of Maryland
, to Toledo to arbitrate the conflict and present a compromise to both governments. The proposal, presented on April 7, recommended that the re-survey to mark the Harris Line commence without further interruption by Michigan, and that the residents of the affected region be allowed to choose their own state or territorial governments until the Congress could definitively settle the matter.
Lucas reluctantly agreed to the proposal, and began to disband his militia, believing the debate to be settled. Three days later, elections in the region were held under Ohio law. However, Mason refused the deal and he continued to prepare for possible armed conflict.
During the elections, Ohio officials were harassed by Michigan authorities and the area residents were threatened with arrest if they submitted to Ohio's authority. On April 8, 1835, the Monroe County, Michigan
sheriff arrived at the home of Major Benjamin F. Stickney, an Ohio partisan
. In the first contact between Michigan partisans and the Stickney family, the sheriff arrested two Ohioans under the Pains and Penalties Act on the basis that the men had voted in the Ohio elections.
for the entire Toledo War.
Surveyors wrote to Lucas afterwards that while observing "the blessings of the Sabbath," Michigan militia forces advised them to retreat. In the ensuing chase, "nine of our men, who did not leave the ground in time after being fired upon by the enemy, from thirty to fifty shots, were taken prisoners and carried away into[ Tecumseh
] ." While the details of the attack are disputed — Michigan claimed it fired no shots and had only discharged a few musket
rounds in the air as the Ohio group retreated — the battle further infuriated both Ohioans and Michiganders and brought the two sides to the brink of all-out war.
of Lucas County, the establishment of a Court of Common Pleas in the city, a law
to prevent the forcible abduction of Ohio citizens from the area and a budget of $300,000 to implement the legislation. Michigan's territorial legislature responded with a budget appropriation of $315,000.00 to fund its militia.
In May and June 1835, Michigan drafted a State Constitution, with provisions for a bicameral legislature, a supreme court, and other components of a functional state government. However, Congress was still not willing to allow Michigan's entry into the Union, and President Jackson vowed to reject Michigan's statehood until the border issue and "war" were resolved.
Lucas ordered his Adjutant-General Samuel C. Andrews to conduct a count of the militia, and was told that 10,000 volunteers were ready to fight. That news became exaggerated as it travelled north and soon thereafter, the Michigan territorial press dared the Ohio "million" to enter the Strip as they "welcomed them to hospitable graves."
In June 1835, Lucas dispatched a delegation consisting of U.S. Attorney Noah Haynes Swayne
, former Congressman William Allen
, and David T. Disney
to Washington D.C. to confer with President Andrew Jackson
. The delegation presented Ohio's case and urged the President to act swiftly to address the situation.
Throughout the summer of 1835, the governments of both states continued their practice of one-upmanship
, and constant skirmishes and arrests occurred. Citizens of Monroe County joined together in a posse to make arrests in Toledo. Partisans from Ohio, angered by the harassment, targeted the offenders with criminal prosecutions. Lawsuits were not only rampant, they served as a basis for retaliatory lawsuits from the opposite side. Partisans from both sides organized spying
parties to keep track of the sheriffs of Wood County, Ohio
and Monroe County, Michigan who were entrusted with the security of the border.
On July 15, 1835, tensions and emotions finally overflowed and blood was spilled. Monroe County, Michigan Deputy Sheriff Joseph Wood went into Toledo to arrest Major Benjamin Stickney, but when Stickney and his three sons resisted, the whole family was subdued and taken into custody. During the scuffle, Two Stickney, son of the major, stabbed Wood with a pen knife and fled south into Ohio. Wood's injuries were not life-threatening. When Lucas refused Mason's demand to extradite Two Stickney back to Michigan for trial, Mason wrote to President Jackson for help, suggesting that the matter be referred to the United States Supreme Court. At the time of the conflict, however, it was not established that the Supreme Court could resolve state boundary disputes, and Jackson declined the offer. Looking for peace, Lucas began making his own efforts to end the conflict, again through federal intervention via Ohio's congressional delegation.
In August 1835, at the strong urging of Ohio's Congressmen, President Jackson removed Mason as Michigan's Territorial Governor and appointed John S. (“Little Jack”) Horner
in his stead. Before his replacement arrived, Mason ordered 1,000 Michigan militiamen to enter Toledo and prevent the symbolically important first session of the Ohio Court of Common Pleas. While the idea was popular with Michigan residents, the effort failed: the judges held a midnight court before quickly retreating south of the Maumee River, where Ohio forces were positioned.
and pelted him with vegetables upon his entry into the territorial capital. In the October 1835 elections, voters approved the draft constitution and elected the popular Mason as state governor. The same election saw Isaac E. Crary
chosen as Michigan's first U.S. Representative to Congress. Because of the dispute, however, Congress refused to accept his credentials and seated him instead as a non-voting delegate. The two U.S. Senators
chosen by the state legislature in November, Lucius Lyon
and John Norvell
, were treated with even less respect, being allowed to sit only as spectators in the Senate gallery.
On June 15, 1836, Jackson signed a bill that allowed Michigan to become a state, but only after it ceded the Toledo Strip. In exchange for this concession, Michigan would be granted the western three-quarters of the Upper Peninsula (the easternmost portion had already been included in the state boundaries). Partly because of pride, and partly because of the perceived worthlessness of the Upper Peninsula's remote wilderness, a September 1836 special convention in Ann Arbor, Michigan
, rejected the offer.
As the year wore on, Michigan found itself deep in a financial crisis and was nearly bankrupt, because of the high militia expenses. The government was spurred to action by the realization that a $400,000 surplus in the United States Treasury was about to be distributed to the states, but not to territorial governments. Michigan would have been ineligible to receive the money.
The "war" unofficially ended on December 14, 1836, at a second convention in Ann Arbor. Delegates passed a resolution to accept the terms set forth by the Congress. However, the calling of the convention was itself not without controversy. It had only come about because of an upswelling of private summonses, petitions, and public meetings. Since the legislature did not approve a call to convention, some said the convention was illegal. Whigs boycotted the convention. As a consequence, the resolution was rejected and ridiculed by many Michigan residents. Congress questioned the legality of the convention, but accepted the results of the convention regardless of its concerns. Because of these factors, as well as because of the notable cold spell at the time, the event later became known as the "Frostbitten Convention."
On January 26, 1837, Michigan was finally admitted to the Union as the 26th state, without the Toledo Strip. Ironically, although President Jackson was able to secure fellow Democrat Martin Van Buren
's election in the 1836 presidential election
, Ohio voted for the Whig Party
candidate and Ohio resident William Henry Harrison
, despite Jackson's efforts to gain Ohioan support during the Toledo War.
riches of the land were unknown until the discovery of copper in the Keweenaw Peninsula
and iron
in the Western Upper Peninsula; this discovery led to a mining
boom that lasted long into the 20th century. Given the current value of the port of Toledo to Ohio, it can be reasonably suggested that both sides benefitted from the conflict.
Consequently, the only state that definitively lost was not even involved in the conflict. The mineral-rich land of the western Upper Peninsula would have most likely remained part of Wisconsin
had Michigan not lost the Toledo Strip.
Differences of opinion about the exact boundary location continued until a definitive re-survey was performed in 1915. Re-survey protocol would ordinarily require the surveyors to follow the Harris line exactly, but in this case, the surveyors deviated from the line in places. This prevented the situation of certain residents near the border being subject to changes in state residence, or land owners having parcels on both sides of the border. The 1915 survey was delineated by 71 granite
markers, 12 inches (30 cm) wide by 18 inches (45 cm) high. Upon completion, the two states' governors, Woodbridge Nathan Ferris
of Michigan and Frank B. Willis
of Ohio, shook hands at the border.
Traces of the original Ordinance Line can still be seen in northwestern Ohio and northern Indiana. The northern boundary of Ottawa County, Ohio
, follows it, as well as many township boundaries in Ohio border counties. Many old north-south roads are offset as they cross the line, forcing traffic to jog east while on the northbound trek. The line is identified on USGS topographical maps as the "South [Boundary] Michigan Survey", and on Lucas County and Fulton County, Ohio
road maps as "Old State Line Road."
While the border on land was firmly set in the early-20th century, the two states were still in disagreement on the path of the border to the east, in Lake Erie. In 1973, the two states finally obtained a hearing before the United States Supreme Court on their competing claims to the Lake Erie waters. In Michigan v. Ohio, the court upheld a special master
's report and ruled that the boundary between the two states in Lake Erie was angled to the northeast, as described in Ohio's state constitution, and not a straight east-west line. One consequence of the court decision was that tiny Turtle Island
just outside of Maumee Bay and originally treated as being wholly in Michigan, was split between the two states. This decision was the last border adjustment, putting an end to years of debate over the official boundary line.
In modern times, conflict between the states is restricted primarily to the Michigan–Ohio State rivalry in American football
.
Territorial dispute
A territorial dispute is a disagreement over the possession/control of land between two or more states or over the possession or control of land by a new state and occupying power after it has conquered the land from a former state no longer currently recognized by the new state.-Context and...
between the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
and the adjoining territory of Michigan
Michigan Territory
The Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan...
.
Originating from conflicting state and federal legislation passed between 1787 and 1805, the dispute resulted from poor understanding of geographical features of the Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
at the time. Varying interpretations of the law caused the governments of Ohio and Michigan to both claim sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
over a 468 square miles (1,212.1 km²) region along the border, now known as the Toledo Strip. When Michigan sought statehood
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
in the early 1830s, it sought to include the disputed territory within its boundaries; Ohio's Congressional delegation was in turn able to halt Michigan's admission to the Union.
Beginning in 1835, both sides passed legislation attempting to force the other side's capitulation. Ohio's governor Robert Lucas
Robert Lucas (governor)
Robert Lucas was the 12th Governor of the U.S. state of Ohio, serving from 1832 to 1836. He served as the first Governor of Iowa Territory from 1838 to 1841.-Early life:...
and Michigan's 24-year-old "Boy Governor" Stevens T. Mason
Stevens T. Mason
Stevens Thomson Mason , also known as Stevens T. Mason, Tom Mason, The Boy Governor, and lesser known nicknames Young Hotspur and The Stripling, was the territorial governor of the Michigan Territory, and later the first Governor of the state of Michigan. Mason guided the Michigan Territory into...
were both unwilling to cede
Cession
The act of Cession, or to cede, is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty...
jurisdiction of the Strip, so they raised militias and helped institute criminal penalties for citizens submitting to the other's authority. The militias were mobilized and sent to positions on opposite sides of the Maumee River
Maumee River
The Maumee River is a river in northwestern Ohio and northeastern Indiana in the United States. It is formed at Fort Wayne, Indiana by the confluence of the St. Joseph and St. Marys rivers, and meanders northeastwardly for through an agricultural region of glacial moraines before flowing into the...
near Toledo
Toledo, Ohio
Toledo is the fourth most populous city in the U.S. state of Ohio and is the county seat of Lucas County. Toledo is in northwest Ohio, on the western end of Lake Erie, and borders the State of Michigan...
, but besides mutual taunting there was little interaction between the two forces. The single military confrontation of the "war" ended with a report of shots being fired into the air, incurring no casualties.
During the summer of 1836, Congress proposed a compromise whereby Michigan gave up its claim to the strip in exchange for its statehood and approximately three-quarters of the Upper Peninsula
Upper Peninsula of Michigan
The Upper Peninsula of Michigan is the northern of the two major land masses that make up the U.S. state of Michigan. It is commonly referred to as the Upper Peninsula, the U.P., or Upper Michigan. It is also known as the land "above the Bridge" linking the two peninsulas. The peninsula is bounded...
. The compromise was considered a poor outcome for Michigan at the time, nearly all of it was still Indian territory, and voters in a state convention in September soundly rejected it.
In December 1836, the Michigan territorial government, facing a dire financial crisis and pressure from Congress and President Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
, called another convention (called the "Frost-bitten Convention") which accepted the compromise which resolved the Toledo War.
The later discovery of copper
Copper
Copper is a chemical element with the symbol Cu and atomic number 29. It is a ductile metal with very high thermal and electrical conductivity. Pure copper is soft and malleable; an exposed surface has a reddish-orange tarnish...
and iron
Iron
Iron is a chemical element with the symbol Fe and atomic number 26. It is a metal in the first transition series. It is the most common element forming the planet Earth as a whole, forming much of Earth's outer and inner core. It is the fourth most common element in the Earth's crust...
deposits and the plentiful timber
Timber
Timber may refer to:* Timber, a term common in the United Kingdom and Australia for wood materials * Timber, Oregon, an unincorporated community in the U.S...
in the Upper Peninsula more than offset Michigan's economic loss in surrendering Toledo.
Origins
In 1787, the Congress of the ConfederationCongress of the Confederation
The Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America that existed from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second...
enacted the Northwest Ordinance
Northwest Ordinance
The Northwest Ordinance was an act of the Congress of the Confederation of the United States, passed July 13, 1787...
, which created the Northwest Territory
Northwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
in what is now the upper Midwestern United States
Midwestern United States
The Midwestern United States is one of the four U.S. geographic regions defined by the United States Census Bureau, providing an official definition of the American Midwest....
. The Ordinance specified that the territory was eventually to be divided into "not less than three nor more than five" future states. It was determined that the north-south boundary for three of these states was to be "an east and west line drawn through the southerly bend or extreme of Lake Michigan
Lake Michigan
Lake Michigan is one of the five Great Lakes of North America and the only one located entirely within the United States. It is the second largest of the Great Lakes by volume and the third largest by surface area, after Lake Superior and Lake Huron...
."
At the time, the actual location of this extreme was still unknown. The most highly regarded map of the time, the "Mitchell Map
Mitchell Map
The Mitchell Map is a map made by John Mitchell , which was reprinted several times during the second half of the 18th century. The Mitchell Map was used as a primary map source during the Treaty of Paris for defining the boundaries of the newly independent United States...
", placed it at a latitude near the mouth of the Detroit River
Detroit River
The Detroit River is a strait in the Great Lakes system. The name comes from the French Rivière du Détroit, which translates literally as "River of the Strait". The Detroit River has served an important role in the history of Detroit and is one of the busiest waterways in the world. The river...
. This meant that the entire shoreline of Lake Erie
Lake Erie
Lake Erie is the fourth largest lake of the five Great Lakes in North America, and the tenth largest globally. It is the southernmost, shallowest, and smallest by volume of the Great Lakes and therefore also has the shortest average water residence time. It is bounded on the north by the...
west of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
would have belonged to the state that was to become Ohio. When Congress passed the Enabling Act of 1802
Enabling Act of 1802
The Enabling Act of 1802 was passed on April 30, 1802 by the Seventh Congress of the United States. This act authorized the residents of the eastern portion of the Northwest Territory to form the state of Ohio and join the U.S. on an equal footing with the other states...
, which authorized Ohio to begin the process of becoming a U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, the language defining Ohio's northern boundary differed slightly from that used in the Northwest Ordinance: the border was to be "an east and west line drawn through the southern extreme of Lake Michigan, running east...until it shall intersect Lake Erie or the territorial line [with Canada]; thence with the same, through Lake Erie to the Pennsylvania line aforesaid."
Because the territorial boundary line between the U.S. and Canada ran through the middle of Lake Erie and then up the Detroit River, combined with the prevailing belief regarding the location of the southern tip of Lake Michigan, the framers of the 1802 Ohio Constitution
Ohio Constitution
The Ohio Constitution is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had two constitutions since statehood was granted....
believed it was the intent of Congress that Ohio's northern boundary should certainly be north of the mouth of the Maumee River, and possibly even of the Detroit River. Ohio would thus be granted access to most or all of the Lake Erie shoreline west of Pennsylvania, and any other new states carved out of the Northwest Territory would have access to the Great Lakes via Lakes Michigan, Huron
Lake Huron
Lake Huron is one of the five Great Lakes of North America. Hydrologically, it comprises the larger portion of Lake Michigan-Huron. It is bounded on the east by the Canadian province of Ontario and on the west by the state of Michigan in the United States...
, and Superior
Lake Superior
Lake Superior is the largest of the five traditionally-demarcated Great Lakes of North America. It is bounded to the north by the Canadian province of Ontario and the U.S. state of Minnesota, and to the south by the U.S. states of Wisconsin and Michigan. It is the largest freshwater lake in the...
.
During the Ohio Constitutional Convention in 1802, the delegates allegedly received reports from a fur trapper that Lake Michigan extended significantly farther south than had previously been believed (or mapped). Thus, it was possible that an east-west line extending east from Lake Michigan's southern tip may have intersected Lake Erie somewhere east of Maumee Bay
Maumee Bay
Maumee Bay on Lake Erie is located in the U.S. state of Ohio, just east of the city of Toledo. The bay and the surrounding wetlands form most of the Maumee River basin, and in 1975 part of the area was incorporated into Maumee Bay State Park. The park is not huge, covering , but its wetlands...
, or worse, may not have intersected the lake at all; the farther south that Lake Michigan actually extended, the more land Ohio would lose, perhaps even the entire Lake Erie shoreline west of Pennsylvania.
Addressing this contingency, the Ohio delegates included a provision in the draft Ohio constitution that if the trapper's report about Lake Michigan's position were in fact correct, the state boundary line would be angled slightly northeast so as to intersect Lake Erie at the "most northerly cape of the Miami [Maumee] Bay." This provision would guarantee that most of the Maumee River
Maumee River
The Maumee River is a river in northwestern Ohio and northeastern Indiana in the United States. It is formed at Fort Wayne, Indiana by the confluence of the St. Joseph and St. Marys rivers, and meanders northeastwardly for through an agricultural region of glacial moraines before flowing into the...
watershed
Drainage basin
A drainage basin is an extent or an area of land where surface water from rain and melting snow or ice converges to a single point, usually the exit of the basin, where the waters join another waterbody, such as a river, lake, reservoir, estuary, wetland, sea, or ocean...
and all of the southern shore of Lake Erie west of Pennsylvania would fall in Ohio.
The draft constitution with this proviso was accepted by the United States Congress, but before Ohio's admission to the Union in February 1803, the proposed constitution was referred to a Congressional committee
United States Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction...
. The committee's report stated that the clause defining the northern boundary depended on "a fact not yet ascertained" (the location of the southern extreme of Lake Michigan), and the members "thought it unnecessary to take it [the provision], at the time, into consideration."
When Congress created the Michigan Territory
Michigan Territory
The Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan...
in 1805, it used the Northwest Ordinance's language to define the southern boundary, which therefore differed from that in Ohio's state constitution. This difference, and its potential ramifications, apparently went unnoticed at the time, but it established the legal basis for the conflict that would erupt thirty years later.
Creation of the Toledo Strip
The location of the border was contested throughout the early 19th century. Residents of the Port of MiamiToledo, Ohio
Toledo is the fourth most populous city in the U.S. state of Ohio and is the county seat of Lucas County. Toledo is in northwest Ohio, on the western end of Lake Erie, and borders the State of Michigan...
— which would later become Toledo — urged the Ohio government to resolve the border issue. The Ohio legislature, in turn, passed repeated resolutions and requests asking Congress to take up the matter. In 1812, Congress approved a request for an official survey of the line. Delayed because of the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
, it was only after Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
's admission to the Union in 1816 that work on the survey commenced. U.S. Surveyor General Edward Tiffin
Edward Tiffin
Edward Tiffin was a Democratic-Republican politician from Ohio, and first Governor of the state.-Biography:Sources indicate that he was born in Carlisle; however he may have been born in or near Workington — also in the then county of Cumberland, England...
, who was in charge of the survey, was a former Ohio governor.
Lewis Cass
Lewis Cass was an American military officer and politician. During his long political career, Cass served as a governor of the Michigan Territory, an American ambassador, a U.S. Senator representing Michigan, and co-founder as well as first Masonic Grand Master of the Grand Lodge of Michigan...
was unhappy, since it was not based on the Congressionally approved Ordinance Line. In a letter to Tiffin, Cass stated that the Ohio-biased survey "is only adding strength to the strong, and making the weak still weaker."
In response, Michigan commissioned a second survey that was carried out by John A. Fulton. The Fulton survey was based upon the original 1787 Ordinance Line, and after measuring the line eastward from Lake Michigan to Lake Erie, it found the Ohio boundary to be south of the mouth of the Maumee River. The region between the Harris and Fulton survey lines formed what is now known as the "Toledo Strip." This ribbon of land between northern Ohio and southern Michigan spanned a region five to eight miles (13 km) wide, of which both jurisdictions claimed sovereignty. While Ohio refused to cede its claim, Michigan quietly occupied it for the next several years, setting up local governments, building roads, and collecting taxes throughout the area.
Economic significance
The land known as the Toledo Strip was and still is a commercially important area. Prior to the rise of the railroadHistory of rail transport
The history of rail transport dates back nearly 500 years and includes systems with man or horse power and rails of wood or stone. Modern rail transport systems first appeared in England in the 1820s...
industry, rivers and canal
Canal
Canals are man-made channels for water. There are two types of canal:#Waterways: navigable transportation canals used for carrying ships and boats shipping goods and conveying people, further subdivided into two kinds:...
s were the major "highways of commerce" in the American Midwest. A small but important part of the Strip — the area around present day Toledo and Maumee Bay — fell within the Great Black Swamp
Great Black Swamp
The Great Black Swamp, or simply Black Swamp, was a glacially caused wetland in northwest Ohio, United States, extending into extreme northeastern Indiana, that existed from the end of the Wisconsin glaciation until the late 19th century...
, and this area was nearly impossible to navigate by road, especially after spring and summer rainfalls. Draining into Lake Erie, the Maumee River was not necessarily well-suited for large ships, but it did provide an easy connection to Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
's Fort Wayne
Forts of Fort Wayne, Indiana
Fort Wayne in modern Fort Wayne, Indiana, was established by Captain Jean François Hamtramck under orders from General "Mad" Anthony Wayne as part of the campaign against the Indians of the area. It was named after General Wayne, who was victorious at the Battle of Fallen Timbers. Wayne may have...
. At the time, there were plans to connect the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
and the Great Lakes through a series of canals. One such canal system approved by the Ohio legislature in 1825 was the Miami and Erie Canal
Miami and Erie Canal
The Miami and Erie Canal was a canal that connected the Ohio River in Cincinnati, Ohio with Lake Erie in Toledo, Ohio. Construction on the canal began in 1825 and was completed in 1845. It consisted of 19 aqueducts, three guard locks, and 103 canal locks. Each lock measured by and they...
that included a connection to the Ohio River and an outflow into Lake Erie via the Maumee River.
During the conflict over the Toledo Strip, the Erie Canal
Erie Canal
The Erie Canal is a waterway in New York that runs about from Albany, New York, on the Hudson River to Buffalo, New York, at Lake Erie, completing a navigable water route from the Atlantic Ocean to the Great Lakes. The canal contains 36 locks and encompasses a total elevation differential of...
was built, linking New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and the Eastern seaboard
East Coast of the United States
The East Coast of the United States, also known as the Eastern Seaboard, refers to the easternmost coastal states in the United States, which touch the Atlantic Ocean and stretch up to Canada. The term includes the U.S...
to the Great Lakes at Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
. The canal, finished in 1825, immediately became a major route for trade and migration. Corn and other farm products from the Midwest were able to be shipped to eastern markets for much less expense than the older route along the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
. In addition, the migration of settlers to the Midwest increased sharply after the canal was finished, making existing port cities such as Buffalo boomtown
Boomtown
A boomtown is a community that experiences sudden and rapid population and economic growth. The growth is normally attributed to the nearby discovery of a precious resource such as gold, silver, or oil, although the term can also be applied to communities growing very rapidly for different reasons,...
s.
The success of the Erie Canal inspired many other canal projects. Because the western end of Lake Erie offered the shortest overland route to the frontiers of Indiana and Illinois, Maumee Harbor was seen as a site of immediate importance and great value. Detroit was twenty miles (32 km) up the Detroit River from Lake Erie, and faced the difficult barrier of the Great Black Swamp to the south. Because of this, Detroit was less suited to new transportation projects such as canals, and later railroads, than was Toledo. From this perspective on the rapidly developing Midwest of the 1820s and 1830s, both states had much to gain by controlling the land in the Toledo Strip.
Also, the Strip west of the Toledo area is a prime location for agriculture
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
, because of its well-drained, fertile loam
Loam
Loam is soil composed of sand, silt, and clay in relatively even concentration . Loam soils generally contain more nutrients and humus than sandy soils, have better infiltration and drainage than silty soils, and are easier to till than clay soils...
soil. The area had for many years been characterized by high per-acre productivities of corn
Maize
Maize known in many English-speaking countries as corn or mielie/mealie, is a grain domesticated by indigenous peoples in Mesoamerica in prehistoric times. The leafy stalk produces ears which contain seeds called kernels. Though technically a grain, maize kernels are used in cooking as a vegetable...
and wheat
Wheat
Wheat is a cereal grain, originally from the Levant region of the Near East, but now cultivated worldwide. In 2007 world production of wheat was 607 million tons, making it the third most-produced cereal after maize and rice...
. Michigan and Ohio both wanted what seemed strategically and economically destined to become an important port and a prosperous region.
Prelude to conflict
In 1820–1821, the federal land surveysPublic Land Survey System
The Public Land Survey System is a method used in the United States to survey and identify land parcels, particularly for titles and deeds of rural, wild or undeveloped land. Its basic units of area are the township and section. It is sometimes referred to as the rectangular survey system,...
had reached the disputed area from two directions, progressing southward from a baseline in Michigan and northward from one in Ohio. For unknown reasons, Surveyor General Tiffin ordered the two surveys to close on the Northwest Ordinance (Fulton) line, rather than Harris' line, perhaps lending implicit support to Michigan's claims over Ohio's. Thus, townships that were established north of the line assumed they were part of Michigan Territory. By the early 1820s, the growing territory reached the minimum population threshold of 60,000 to qualify for statehood. However, when Michigan sought to hold a state constitutional convention in 1833, Congress rejected the request because of the still disputed Toledo Strip.
Stevens T. Mason
Stevens Thomson Mason , also known as Stevens T. Mason, Tom Mason, The Boy Governor, and lesser known nicknames Young Hotspur and The Stripling, was the territorial governor of the Michigan Territory, and later the first Governor of the state of Michigan. Mason guided the Michigan Territory into...
called for a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
to be held in May of that year despite Congress' refusal to approve an enabling act authorizing such a state constitution.
In February 1835, Ohio passed legislation that set up county governments in the Strip. The county in which Toledo sat would, later in 1835, be named after incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...
Governor Robert Lucas
Robert Lucas (governor)
Robert Lucas was the 12th Governor of the U.S. state of Ohio, serving from 1832 to 1836. He served as the first Governor of Iowa Territory from 1838 to 1841.-Early life:...
, a move that further exacerbated the growing tensions with Michigan. Also, during this period, Ohio attempted to use its power in Congress to revive a previously rejected boundary bill that would formally set the state border to be the Harris Line.
Michigan, led by the young and hot-headed Mason, responded with the passage of the Pains and Penalties Act just six days after Lucas County was formed; the act made it a criminal offense for Ohioans to carry out governmental actions in the Strip, under penalty of a fine up to $
Dollar
The dollar is the name of the official currency of many countries, including Australia, Belize, Canada, Ecuador, El Salvador, Hong Kong, New Zealand, Singapore, Taiwan, and the United States.-Etymology:...
1,000 and/or up to five years imprisonment
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
at hard labor
Hard Labor
Hard Labor is the eleventh album by American rock band Three Dog Night, released in 1974 .- Cover Artwork :The original album cover, depicting of the birth of a record album , was deemed too controversial and was soon reworked with a huge bandage covering the "birth". The cover also includes an...
. Acting as commander-in-chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the territory, Mason appointed Brigadier-General Joseph W. Brown
Joseph W. Brown
general Joseph W. Brown was the brother of major general Jacob Brown, the founder of Brownville, New York. General Brown , along with his brother-in-law Musgrove Evans , their cousin Austin Wing and a dozen or so pioneers founded the town of Tecumseh, Michigan in 1824...
of the Third U.S. Brigade
Iron Brigade
The Iron Brigade, also known as the Iron Brigade of the West or the Black Hat Brigade, was an infantry brigade in the Union Army of the Potomac during the American Civil War. Although it fought entirely in the Eastern Theater, it was composed of regiments from Western states...
to head the state militia, with the instructions to be ready to act against Ohio trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
ers. Lucas obtained legislative approval for a militia of his own, and he soon sent forces to the Strip area. The Toledo War had begun.
Former United States President John Quincy Adams
John Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
, who at the time represented Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
in Congress, backed Michigan's claim. In 1833, when Congress rejected Michigan's request for a convention, Adams summed up his opinion on the dispute: "Never in the course of my life have I known a controversy of which all the right so clearly on one side and all the power so overwhelmingly on the other."
War
Acting as commander-in-chief of Ohio's militia, Governor Lucas, along with General John Bell and about 600 other fully armed militiamen, arrived in Perrysburg, OhioPerrysburg, Ohio
As of the census of 2000, there were 16,945 people, 6,592 households, and 4,561 families residing in the city. The population density was 1,899.2 people per square mile . There were 6,964 housing units at an average density of 780.5 per square mile...
, ten miles (16 km) southwest of Toledo, on March 31, 1835. Shortly thereafter, Governor Mason and General Brown arrived to occupy the city of Toledo proper with around 1,000 armed men, intending to prevent Ohio advances into the Toledo area as well as stopping further border marking from taking place.
Presidential intervention
In a desperate attempt to prevent armed battle and to avert the resulting political crisis, U.S. President Andrew JacksonAndrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
consulted his Attorney General Benjamin Butler
Benjamin Franklin Butler (lawyer)
Benjamin Franklin Butler was a lawyer, legislator and Attorney General of the United States.-Early life:...
for his legal opinion on the border dispute. At the time, Ohio was a growing political power in the Union, with nineteen U.S. Representatives and two Senators. In contrast, Michigan, still being a territory, had only a single non-voting delegate. Ohio was a crucial swing state
Swing state
In United States presidential politics, a swing state is a state in which no single candidate or party has overwhelming support in securing that state's electoral college votes...
in presidential elections, and it would have been devastating to the fledgling Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
to lose Ohio's electoral votes. Therefore, Jackson calculated that his party's best interest would be served by keeping the Toledo Strip a part of Ohio.
The response that Jackson received from Butler was unexpected: the Attorney-General held that until Congress dictated otherwise, the land rightfully belonged to Michigan. This presented a political dilemma for Jackson that spurred him to take action that would greatly influence the outcome of the "war".
On April 3, 1835, Jackson sent two representatives from Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, Richard Rush
Richard Rush
Richard Rush was born in Philadelphia, Pennsylvania. He was the second son of Benjamin Rush, one of the signers of the Declaration of Independence and Julia Rush. He entered the College of New Jersey at the age of 14, and graduated in 1797 as the youngest member of his class...
of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
and Benjamin Chew Howard
Benjamin Chew Howard
Benjamin Chew Howard was an American congressman and the fifth reporter of decisions of the United States Supreme Court, serving from 1843 to 1861....
of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, to Toledo to arbitrate the conflict and present a compromise to both governments. The proposal, presented on April 7, recommended that the re-survey to mark the Harris Line commence without further interruption by Michigan, and that the residents of the affected region be allowed to choose their own state or territorial governments until the Congress could definitively settle the matter.
Lucas reluctantly agreed to the proposal, and began to disband his militia, believing the debate to be settled. Three days later, elections in the region were held under Ohio law. However, Mason refused the deal and he continued to prepare for possible armed conflict.
During the elections, Ohio officials were harassed by Michigan authorities and the area residents were threatened with arrest if they submitted to Ohio's authority. On April 8, 1835, the Monroe County, Michigan
Monroe County, Michigan
Monroe County is a county in the U.S. state of Michigan. According to the U.S. Census Bureau, the 2010 population is 152,021. The largest city and county seat is Monroe. The U.S. Census Bureau defines all of Monroe County as conterminous with the Monroe Metropolitan Area...
sheriff arrived at the home of Major Benjamin F. Stickney, an Ohio partisan
Partisan (political)
In politics, a partisan is a committed member of a political party. In multi-party systems, the term is widely understood to carry a negative connotation - referring to those who wholly support their party's policies and are perhaps even reluctant to acknowledge correctness on the part of their...
. In the first contact between Michigan partisans and the Stickney family, the sheriff arrested two Ohioans under the Pains and Penalties Act on the basis that the men had voted in the Ohio elections.
Battle of Phillips Corners
Following the election, Lucas believed that the commissioners' actions had alleviated the situation and he once again sent out surveyors to mark the Harris Line. The project went without serious incident until April 26, 1835, when the surveying group was attacked by fifty to sixty members of General Brown's militia in what is now called the Battle of Phillips Corners. The battle's name is sometimes used as a synonymSynonym
Synonyms are different words with almost identical or similar meanings. Words that are synonyms are said to be synonymous, and the state of being a synonym is called synonymy. The word comes from Ancient Greek syn and onoma . The words car and automobile are synonyms...
for the entire Toledo War.
Surveyors wrote to Lucas afterwards that while observing "the blessings of the Sabbath," Michigan militia forces advised them to retreat. In the ensuing chase, "nine of our men, who did not leave the ground in time after being fired upon by the enemy, from thirty to fifty shots, were taken prisoners and carried away into
Tecumseh, Michigan
Tecumseh is a small city in Lenawee County of the U.S. state of Michigan. It is situated where M-50 crosses the River Raisin, a few miles east of M-52. Tecumseh is about SW of Detroit, south of Ann Arbor and north of Toledo, OH....
Musket
A musket is a muzzle-loaded, smooth bore long gun, fired from the shoulder. Muskets were designed for use by infantry. A soldier armed with a musket had the designation musketman or musketeer....
rounds in the air as the Ohio group retreated — the battle further infuriated both Ohioans and Michiganders and brought the two sides to the brink of all-out war.
Bloodshed in the summer of 1835
In response to allegations that Michigan's militia fired upon Ohioans, Lucas called a special session of Ohio's Legislature on June 8, 1835 to pass several more controversial acts, including establishment of Toledo as the county seatCounty seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
of Lucas County, the establishment of a Court of Common Pleas in the city, a law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
to prevent the forcible abduction of Ohio citizens from the area and a budget of $300,000 to implement the legislation. Michigan's territorial legislature responded with a budget appropriation of $315,000.00 to fund its militia.
In May and June 1835, Michigan drafted a State Constitution, with provisions for a bicameral legislature, a supreme court, and other components of a functional state government. However, Congress was still not willing to allow Michigan's entry into the Union, and President Jackson vowed to reject Michigan's statehood until the border issue and "war" were resolved.
Lucas ordered his Adjutant-General Samuel C. Andrews to conduct a count of the militia, and was told that 10,000 volunteers were ready to fight. That news became exaggerated as it travelled north and soon thereafter, the Michigan territorial press dared the Ohio "million" to enter the Strip as they "welcomed them to hospitable graves."
In June 1835, Lucas dispatched a delegation consisting of U.S. Attorney Noah Haynes Swayne
Noah Haynes Swayne
Noah Haynes Swayne was an American jurist and politician. He was the first Republican appointed as a justice to the United States Supreme Court.-Birth and early life:...
, former Congressman William Allen
William Allen (governor)
William Allen was an Democratic Representative, Senator and 31st Governor of Ohio. He moved to the U.S. state of Ohio after his parents died, residing in Chillicothe, Ohio....
, and David T. Disney
David T. Disney
David Tiernan Disney was a U.S. Representative from Ohio.Born in Baltimore, Maryland, Disney moved with his parents to Ohio in 1807.He attended the common schools.He studied law....
to Washington D.C. to confer with President Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
. The delegation presented Ohio's case and urged the President to act swiftly to address the situation.
Throughout the summer of 1835, the governments of both states continued their practice of one-upmanship
One-upmanship
One-upmanship is the art or practice of successively outdoing a competitor.The term originated as the title of a book by Stephen Potter, published in 1952 as a follow-up to The Theory and Practice of Gamesmanship and Lifemanship titles in his series of tongue-in-cheek self-help books, and film ...
, and constant skirmishes and arrests occurred. Citizens of Monroe County joined together in a posse to make arrests in Toledo. Partisans from Ohio, angered by the harassment, targeted the offenders with criminal prosecutions. Lawsuits were not only rampant, they served as a basis for retaliatory lawsuits from the opposite side. Partisans from both sides organized spying
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
parties to keep track of the sheriffs of Wood County, Ohio
Wood County, Ohio
Wood County is a county located in the state of Ohio, United States. As of the 2010 census, the population was 125,488. Its county seat is Bowling Green. The county was named for Captain Eleazer D. Wood, the engineer for General William Henry Harrison's army, who built Fort Meigs in the War of 1812...
and Monroe County, Michigan who were entrusted with the security of the border.
On July 15, 1835, tensions and emotions finally overflowed and blood was spilled. Monroe County, Michigan Deputy Sheriff Joseph Wood went into Toledo to arrest Major Benjamin Stickney, but when Stickney and his three sons resisted, the whole family was subdued and taken into custody. During the scuffle, Two Stickney, son of the major, stabbed Wood with a pen knife and fled south into Ohio. Wood's injuries were not life-threatening. When Lucas refused Mason's demand to extradite Two Stickney back to Michigan for trial, Mason wrote to President Jackson for help, suggesting that the matter be referred to the United States Supreme Court. At the time of the conflict, however, it was not established that the Supreme Court could resolve state boundary disputes, and Jackson declined the offer. Looking for peace, Lucas began making his own efforts to end the conflict, again through federal intervention via Ohio's congressional delegation.
In August 1835, at the strong urging of Ohio's Congressmen, President Jackson removed Mason as Michigan's Territorial Governor and appointed John S. (“Little Jack”) Horner
John S. Horner
John Scott Horner also known as Little Jack Horner was a U.S. politician, Secretary and acting Governor of Michigan Territory, 1835–1836 and Secretary of Wisconsin Territory, 1836-1837.-Early life:...
in his stead. Before his replacement arrived, Mason ordered 1,000 Michigan militiamen to enter Toledo and prevent the symbolically important first session of the Ohio Court of Common Pleas. While the idea was popular with Michigan residents, the effort failed: the judges held a midnight court before quickly retreating south of the Maumee River, where Ohio forces were positioned.
Frostbitten Convention and the end of the Toledo War
Mason's successor Horner proved to be extremely unpopular as governor and his tenure was very short. Residents disliked him so much they burned him in effigyEffigy
An effigy is a representation of a person, especially in the form of sculpture or some other three-dimensional form.The term is usually associated with full-length figures of a deceased person depicted in stone or wood on church monuments. These most often lie supine with hands together in prayer,...
and pelted him with vegetables upon his entry into the territorial capital. In the October 1835 elections, voters approved the draft constitution and elected the popular Mason as state governor. The same election saw Isaac E. Crary
Isaac E. Crary
Isaac Edwin Crary was the first elected U.S. Representative from the state of Michigan.Crary was born in Preston, Connecticut, where he attended the public schools and graduated from Trinity College, Hartford, Connecticut, in its first class in 1827...
chosen as Michigan's first U.S. Representative to Congress. Because of the dispute, however, Congress refused to accept his credentials and seated him instead as a non-voting delegate. The two U.S. Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
chosen by the state legislature in November, Lucius Lyon
Lucius Lyon
Lucius Lyon was a U.S. statesman from the state of Michigan. He was born in Shelburne, Vermont, where he received a common school education and studied engineering and surveying...
and John Norvell
John Norvell
John Norvell was a newspaper editor and one of the first U.S. Senators from Michigan.-History:Norvell was born in Danville, Kentucky, then still a part of Virginia, where he attended the common schools....
, were treated with even less respect, being allowed to sit only as spectators in the Senate gallery.
On June 15, 1836, Jackson signed a bill that allowed Michigan to become a state, but only after it ceded the Toledo Strip. In exchange for this concession, Michigan would be granted the western three-quarters of the Upper Peninsula (the easternmost portion had already been included in the state boundaries). Partly because of pride, and partly because of the perceived worthlessness of the Upper Peninsula's remote wilderness, a September 1836 special convention in Ann Arbor, Michigan
Ann Arbor, Michigan
Ann Arbor is a city in the U.S. state of Michigan and the county seat of Washtenaw County. The 2010 census places the population at 113,934, making it the sixth largest city in Michigan. The Ann Arbor Metropolitan Statistical Area had a population of 344,791 as of 2010...
, rejected the offer.
As the year wore on, Michigan found itself deep in a financial crisis and was nearly bankrupt, because of the high militia expenses. The government was spurred to action by the realization that a $400,000 surplus in the United States Treasury was about to be distributed to the states, but not to territorial governments. Michigan would have been ineligible to receive the money.
The "war" unofficially ended on December 14, 1836, at a second convention in Ann Arbor. Delegates passed a resolution to accept the terms set forth by the Congress. However, the calling of the convention was itself not without controversy. It had only come about because of an upswelling of private summonses, petitions, and public meetings. Since the legislature did not approve a call to convention, some said the convention was illegal. Whigs boycotted the convention. As a consequence, the resolution was rejected and ridiculed by many Michigan residents. Congress questioned the legality of the convention, but accepted the results of the convention regardless of its concerns. Because of these factors, as well as because of the notable cold spell at the time, the event later became known as the "Frostbitten Convention."
On January 26, 1837, Michigan was finally admitted to the Union as the 26th state, without the Toledo Strip. Ironically, although President Jackson was able to secure fellow Democrat Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....
's election in the 1836 presidential election
United States presidential election, 1836
The United States presidential election of 1836 ushered Martin Van Buren into the White House. It is predominantly remembered for three reasons:...
, Ohio voted for the Whig Party
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
candidate and Ohio resident William Henry Harrison
William Henry Harrison
William Henry Harrison was the ninth President of the United States , an American military officer and politician, and the first president to die in office. He was 68 years, 23 days old when elected, the oldest president elected until Ronald Reagan in 1980, and last President to be born before the...
, despite Jackson's efforts to gain Ohioan support during the Toledo War.
Subsequent history
At the time of the Frostbitten Convention, it appeared that Ohio had won the conflict. The Upper Peninsula was considered a worthless wilderness by almost all familiar with the area. The vast mineralMineral
A mineral is a naturally occurring solid chemical substance formed through biogeochemical processes, having characteristic chemical composition, highly ordered atomic structure, and specific physical properties. By comparison, a rock is an aggregate of minerals and/or mineraloids and does not...
riches of the land were unknown until the discovery of copper in the Keweenaw Peninsula
Keweenaw Peninsula
The Keweenaw Peninsula is the northern-most part of Michigan's Upper Peninsula. It projects into Lake Superior and was the site of the first copper boom in the United States. As of the 2000 census, its population was roughly 43,200...
and iron
Iron
Iron is a chemical element with the symbol Fe and atomic number 26. It is a metal in the first transition series. It is the most common element forming the planet Earth as a whole, forming much of Earth's outer and inner core. It is the fourth most common element in the Earth's crust...
in the Western Upper Peninsula; this discovery led to a mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
boom that lasted long into the 20th century. Given the current value of the port of Toledo to Ohio, it can be reasonably suggested that both sides benefitted from the conflict.
Consequently, the only state that definitively lost was not even involved in the conflict. The mineral-rich land of the western Upper Peninsula would have most likely remained part of Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
had Michigan not lost the Toledo Strip.
Differences of opinion about the exact boundary location continued until a definitive re-survey was performed in 1915. Re-survey protocol would ordinarily require the surveyors to follow the Harris line exactly, but in this case, the surveyors deviated from the line in places. This prevented the situation of certain residents near the border being subject to changes in state residence, or land owners having parcels on both sides of the border. The 1915 survey was delineated by 71 granite
Granite
Granite is a common and widely occurring type of intrusive, felsic, igneous rock. Granite usually has a medium- to coarse-grained texture. Occasionally some individual crystals are larger than the groundmass, in which case the texture is known as porphyritic. A granitic rock with a porphyritic...
markers, 12 inches (30 cm) wide by 18 inches (45 cm) high. Upon completion, the two states' governors, Woodbridge Nathan Ferris
Woodbridge Nathan Ferris
Woodbridge Nathan Ferris was an educator from New York, Illinois and Michigan, as well as Democratic statesman and the 28th Governor of Michigan .-Early life in New York, Michigan and Illinois:...
of Michigan and Frank B. Willis
Frank B. Willis
Frank Bartlett Willis was a Republican politician from Ohio. He served as the 47th Governor of Ohio.-Biography:...
of Ohio, shook hands at the border.
Traces of the original Ordinance Line can still be seen in northwestern Ohio and northern Indiana. The northern boundary of Ottawa County, Ohio
Ottawa County, Ohio
Ottawa County is a county located in the state of Ohio, United States. As of the 2010 census, the population was 41,428. Its county seat is Port Clinton and is named either for the Ottawa Indians who lived there, or for an Indian word meaning "trader"....
, follows it, as well as many township boundaries in Ohio border counties. Many old north-south roads are offset as they cross the line, forcing traffic to jog east while on the northbound trek. The line is identified on USGS topographical maps as the "South [Boundary] Michigan Survey", and on Lucas County and Fulton County, Ohio
Fulton County, Ohio
Fulton County is a county located in the U.S. state of Ohio. As of 2010, the population was 42,698. Its county seat is Wauseon. Fulton County is named for Robert Fulton, inventor of the steamboat....
road maps as "Old State Line Road."
While the border on land was firmly set in the early-20th century, the two states were still in disagreement on the path of the border to the east, in Lake Erie. In 1973, the two states finally obtained a hearing before the United States Supreme Court on their competing claims to the Lake Erie waters. In Michigan v. Ohio, the court upheld a special master
Special master
In law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature...
's report and ruled that the boundary between the two states in Lake Erie was angled to the northeast, as described in Ohio's state constitution, and not a straight east-west line. One consequence of the court decision was that tiny Turtle Island
Turtle Island (Lake Erie)
__NOEDITSECTION__Turtle Island is a remote island in the western portion of Lake Erie in the United States. The island has unique political status, as its ownership is divided between the U.S. states of Michigan and Ohio, even though the island has no residents or use. The island is located...
just outside of Maumee Bay and originally treated as being wholly in Michigan, was split between the two states. This decision was the last border adjustment, putting an end to years of debate over the official boundary line.
In modern times, conflict between the states is restricted primarily to the Michigan–Ohio State rivalry in American football
American football
American football is a sport played between two teams of eleven with the objective of scoring points by advancing the ball into the opposing team's end zone. Known in the United States simply as football, it may also be referred to informally as gridiron football. The ball can be advanced by...
.
See also
- Michigan ConstitutionMichigan ConstitutionThe Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government....
- List of incidents of civil unrest in the United States
- List of Michigan county name etymologies
- Ohio ConstitutionOhio ConstitutionThe Ohio Constitution is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had two constitutions since statehood was granted....
- Ohio LandsOhio LandsThe Ohio Lands were the myriad grants, tracts, districts and cessions which make up what is now the U.S. state of Ohio. The Ohio Country was one of the first settled parts of the Midwest, and indeed one of the first settled parts of the United States beyond the original 13 colonies...
- Timeline of the Toledo Strip/WarTimeline of the Toledo Strip/WarThe following is timeline of events surrounding the Toledo War, a mostly bloodless conflict between the U.S. state of Ohio and the Michigan Territory in the early 19th century, over an area of land known as the Toledo Strip, which includes the present-day city of Toledo, Ohio.-1780s:*1787: The...
External links
- Yahoo map showing jog from west to east for northerly traffic and indicating the approximate location of the original boundary line
- "Boundary Line between Ohio and Indiana, and between Ohio and Michigan" Special Reports of T.C. Mendenhall, Superintendent of U.S. Coast and Geodetic Survey, and A.A. Graham, Secretary of the Ohio Historical Society, in Ohio History Vol. 4 pp. 127–198.
- "The Ohio-Michigan Boundary Dispute" by Tod B. Galloway in Ohio History Vol. 4 pp. 199–230.
- "The Ohio-Michigan Boundary Dispute Re-examined" by Carl Wittke in Ohio History Vol. 45, pp. 299–319.
- The Toledo War Michigan Department of Military and Veterans Affairs.
- Text of Michigan V. Ohio, 410 U.S. 420, the 1973 United States Supreme Court decision resolving Michigan-Ohio boundary at Lake Erie.
- ToledoWar.com website.
- Michigan Historical Markers. The marker for the Frostbitten Convention.
- Holy Toledo! Or the Continuing War Between Ohio and Michigan…