Ohio History Journal

BENJAMIN C. HOWARD AND THE "TOLEDO WAR":

SOME LETTERS OF A FEDERAL COMMISSIONER

 

by WILLIAM D. HOYT, JR.

Associate Professor of History, Loyola College, Baltimore

The "Toledo War"-a dispute between the state of Ohio and

the territory of Michigan over their joint boundary-was reaching

its climax and threatening to break out in active hostilities when

President Andrew Jackson decided to intervene. The area in ques-

tion was not large: a strip of land five miles wide at its western

end and eight miles at its eastern; but it was rich agricultural

soil and had as a chief asset the harbor at Toledo. So strong was

the feeling that the militia of both Ohio and Michigan were called

out, men were on the march, and quick action was essential in

order to avert an armed clash.

On March 22, 1835, the secretary of state, John Forsyth, wrote

to Benjamin C. Howard of Baltimore, asking him to serve as one

of two "confidential & influential friends" to confer with the

quarreling governors.¹ The other commissioner was to be Richard

Rush, lawyer, diplomat, and statesman, and the pair of them were to

start for the frontier immediately.² Three days later, March 25, they

were on their way. Meanwhile, the opposing governors were ap-

proaching the debated boundary line, and it was only through heroic

efforts that Howard and Rush arrived in the nick of time to prevent

the battle which seemed inevitable.

The story of the hurried journey to Ohio and of the shuttling

back and forth between the headquarters of the two governors is

told vividly by Howard in a series of letters to his wife in Baltimore.

These communications, penned amidst confusion and often late at

1 Forsyth to Howard, March 22, 1835, in the Howard Papers at the Maryland

Historical Society. The letter is marked "Confidential" and indicates that Howard

was chosen in the place of "Mr. [William Cabell] Rives," who had declined the

mission. John Forsyth (1780-1841) served as secretary of state from 1834 to 1841.

The letters reproduced herein, as well as others cited below in the notes, are all

from the Howard Papers at the Maryland Historical Society.

2 Richard Rush (1780-1859) had been minister to England in 1817-25 and

secretary of the treasury in 1825-28. The errand to settle the Ohio-Michigan boundary

dispute was a small incident in a career of international significance.

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night, show clearly the difficulties of travel, the poor accommoda-

tions, and something of the early history of the communities

visited. They reflect the tenseness of the atmosphere surrounding

the peace negotiations, and they describe dramatically the assembly

of men determined to defend by force their claims to the disputed

area.

Benjamin Chew Howard (1791-1872) was a man of good family

and had behind him a record of able public service. The son of

Colonel John Eager Howard, a distinguished Revolutionary officer

from Baltimore, and Margaretta Oswald Chew of Philadelphia, he

entered the College of New Jersey (Princeton) at the age of four-

teen and graduated in 1809. Three years later he received a master's

degree from the same institution, and then he studied law in a

Baltimore office. He began the practice of his profession in 1816,

entered the Baltimore City Council in 1820, and was in the Mary-

land House of Delegates during 1824-29. He was a member of

congress for two terms, 1829-33, and, after a two-year interval, had

just returned for four more years when the boundary dispute re-

moved him from the scene temporarily.

Howard's wife, the recipient of the letters from Pittsburgh, Cleve-

land and points west, was Jane Grant Gilmor (1801-1890), eldest

child of William and Marianne Smith Gilmor; they had been

married seventeen years at the time of the correspondence. It was

her younger brother, Charles Smith Gilmor, a lad of eighteen, who

went on the trip with Howard and Rush and who was particularly

interested in acquiring a "Michigan pony."³ In 1835 the Howards

were living at "Belvidere," the family estate just north of Baltimore,

and to that house the letters were directed.

 

 

Washington March 23

Monday

My dearest wife

Promptness is the order of the day and I must conform to it with the

rest. What do you think of my starting on the day after to-morrow? And

yet it must be so. I shall be at home to dinner to morrow, but not an early

3 Charles Smith Gilmor (1817-1866), the eighth child of William Gilmor,

married Charlotte Patterson in 1839 and had six children.

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Benjamin C. Howard and the "Toledo War"                299

one; and then one evening is all that I can take to make the arrange-

ments for absence. The Law of Ohio is to be put into effect on the 1st

April and we have not a day to lose. By this mail I am writing to your

Uncle to tell him that Charles must be ready to start on Wednesday

morning.⁴ I can do very well (perhaps better) without a servant. After

you get this, you had better employ yourself about packing up my clothes.

My other arrangements can be made in an hour. I am afraid of missing

the mail. Ever and truly your

attached husband

BCH

 

 

Pittsburg Sunday, March 29. 1835

I seize the earliest possible moment, my dearest wife of letting you

know where and how I am. You will see from a brief sketch of our mode

of journeying that not a moment had hitherto occurred, and which I would

gladly have availed myself of, even to drop you a single line. My in-

clination is to follow the example of the Parthian of old and turn around

in my flight at every opportunity to send a missile behind me, although God

forbid that I should discharge arrows. We did not arrive at Chambersburg

on the day of our departure from home, until after midnight and it was

past one before I could stretch my weary limbs upon a comfortable bed

in a clean room. Sleep is a capricious friend. It pays it's visits to suit itself

and often stays away when it's presence is most wanted. In this instance

it did not visit me until late and at 6 in the morning I was up again.

Here we exerted all our powers to get into the Fast Line (as it is called)

from Phila. to Pittsburg but without success and again set off after breakfast

in the line in which we had before travelled. From that time until now

I have not been in bed. We rode all day and all night all next day and

night and reached this place after breakfast this morning. I am   now

writing after dinner in a very well furnished parlour where we have been

as quiet as the case would admit. Tomorrow morning we must be off

again to Cleaveland where (I think) I asked you to write to me. How

long we shall be there I have no idea as yet--whether one or more days

or hours: for if the Governor of Ohio is not there we must go after him.

We shall have to ride all day, all night and next day to reach the place.

The road is muddy but not dangerous. Take the large map and shew

4 The uncle was Robert Gilmor, Jr. (1777-1848), Baltimore merchant and art

collector, who was guardian of her younger brothers and sisters after their father's

death in 1829. Howard to Gilmor, March 24, [sic] 1835.

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300      Ohio State Archaeological and Historical Quarterly

the children where I have come. It will be a good lesson in Geography.

The route is marked as far as this by the towns-Chambersburg, Bedford,

Stoys Town, &c then shew them 30 miles down the Ohio to Beaver; where

we turn North to Cleaveland on Lake Erie. Continue to direct to Cleave-

land, Ohio, until I give you further notice, for although we may leave there

in a short time, yet we may return to it or I will direct the Post Master

where to send your letters. So far our journey although fatiguing has been

pleasant; for the powers of endurance are called forth by necessity to an

amazing extent. For example at this moment I am stronger than when I

set out and one night's rest, which I hope to get, will place me far ahead

of the point of strength at which I left home. Rush is extremely agreeable,

and I am glad too that we brought Charles. He grumbles at little at riding

all night &c, but we laugh at him. The jaunt will be of service to him.

We are trying to make an arrangement to perform the first 30 miles

to morrow in a Steam Boat to Beaver instead of the Mail: in my next I

will tell you how I succeeded. Don't shew my letters--I am in earnest in

this--because I write so hurriedly that they are fit only for yourself. This

evening we must read over all our Documents, if we can keep awake; for

as yet we have not a chance to talk over the impressions that we respec-

tively and separately received at our interviews with the President &

Forsyth-which took place with us separately. The prospect threatens too

of being obliged to get up at 3 oclock in the morning, although as I have

said we are trying to arrange that matter so as to leave this at 9 in the

boat. As for weather, we have already rode out two rainy spells and count

it as nothing. I suppose the Waynes have gone and left you to your

desolations. But remember that your husband is always thinking of you;

and take that idea as a companion. Good bye kiss all--even to Ellen,

though she can't understand why.

ever & truly your

attached Husband

 

Cleaveland, Ohio. Wednesday

April 1st 1835

I hope you received my letter from Pittsburg announcing our safe

arrival over bad roads which kept us back 12 hours longer than we ought

to have been. Succeeding in the arrangement about the Steam boat, we

were enabled to get a good night's rest to prepare for further fatigue and

at 9 oclock set off down the River to Beaver in a little Steam-Boat, from

which we took the Stage about 12 oclock in the day of Monday. From

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Benjamin C. Howard and the "Toledo War"              301

that hour till 5 this morning we were riding day and night over roads

that were just passable and no more. For example it took us five hours to

come 12 miles and hard work too. About 55 miles from this place we

abandoned Stages and took to Waggons in which we performed the rest

of the journey, for Stages would have been upset and mired in many places

that a low light wagon could be pulled through. Since I left home until

this moment therefore I have spent but one night in bed and of course

feel somewhat bruised and jaded.⁵ After getting here, I turned in and slept

until 10 oclock since which we have been busy in collecting information

of all kinds to send to Forsyth: and having made up our despatches I have

a few moments to scribble to you. My strength has held out amazingly well

in every respect except one, and that in a quarter where I did not expect

a failure, for my eyes gave way yesterday. The want of sleep affected them

to such a degree together with exposure to the night air that they became

inflamed, bloodshot and swollen. To day they are better since my morning's

nap and I hope that a nights rest will restore them. As for sleeping whilst

travelling you may judge of it's impossibility when I tell you that once

my hat was jolted right off my head into the road in passing over one of

the numerous log passages through the swamps. Charles kept awake pretty

well, and he is such a sleepy headed fellow that nothing short of absolutely

desperate jolts could keep his eyes open. But we are all doing well. I

brought a book with me intending to keep a journal, but not being able

to write in the Stage and never having been out of it, it of course remains

untouched. At Beaver, just as the Stage was getting ready I saw a crowd

running to the creek and ran too, just in time to see a poor wretch carried

towards the dam in a boat and go over the fall. Twice he came up and

endeavored to swim out! but the cruel eddy swept him under the fall

again and after the 2d he came up no more. If I have time I mean to take

up my book and journalize; but find more to do as we draw [nearer] the

scene of action. As yet hostilities have not commenced, but there is great

excitement on the side of the people of Michigan and we must hurry

forward. How we can go, I do not know. There is no Steam Boat here

or we would charter her. One will arrive to-morrow and we are trying to

hire her to start as soon as she arrives. If we cant go up the lake towards

Detroit, we must go by land along it's Southern Shore by a road that is

worser & worser. It is difficult to imagine how we can get along at all

 

5 Rush, writing ten months later, referring to a trip made by one Horner and

obviously recalling his own journey, mentioned driving "through ditches for the

sake of good roads." In the same letter he also remembered "tough beef, bad butter,

'tea dust' and no cream (no milk I mean)." Rush to Howard, January 7, 1836.

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302      Ohio State Archaeological and Historical Quarterly

over such. But you need not be uneasy, for at places where it is likely

to upset we get out. I send you a piece of poetry cut out of a paper today--

it is applicable except that Time has not "dimmed your Eye"

Ever sincerely & affectionately

your attached Husband.

 

Cleaveland, Ohio.

Thursday April 2. 1835

My dearest wife.

I intend to drop you a line whenever I get an opportunity for two of

the best reasons in the world, because you asked me and because I wish

to do so from my own feelings. Last night I wrote you a letter saying

that we were making an arrangement for a Steam Boat which we have just

concluded. It is to take us to Perrysburg at the head of the Lake, about 40

or 50 miles south of Detroit and on the Miami River, where the Governor

of Ohio is supposed to be at present. On the map which hangs in the

office you can find where this place is, although it's name is probably not

put down. We shall start to morrow morning and reach it during the night,

but are obliged to give the Captain 100$ for the trip which of course must

be charged to the Government. To morrow there is a chance before our

departure, of receiving a letter from you although there is but just time

for it to get here if you wrote on Saturday. Indeed, I fear that I shall

miss it by one day, for we travelled so fast that a letter which Forsyth

wrote the day after we left Washington reached us only this morning. But

even if I miss it to morrow, I shall soon get it, for this will be our

Head Quarters in some measure. We will either write from above to the

Post Master here to send our letters to us, or suffer them to remain here

until we come back. There is no convenient way of returning from above

unless by passing through this place; therefore continue to send me the

news papers and write to Cleaveland until I can give you further accounts

from the borders. Our duty will be somewhat arduous and delicate. To

interpose as a Mediator is always a nice affair and more difficult when

dealing with men who represent public bodies, because they are afraid of

being censured by those whom they represent. From sundry papers and

documents that we have seen, the Governor of Ohio seems resolutely bent

upon carrying out the law of his State which embraces the disputed ground

within Ohio. Now, if the other party is equally obstinate we shall have

much difficulty in preventing collision; and have occupied ourselves all

this day in studying the Papers which we brought from Washington and have

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Benjamin C. Howard and the "Toledo War"                303

not hitherto had time to read. We must say and do what we can and may

have to pass and re-pass several times between, the two Governors who are

about 20 or 30 miles apart. In my next I can tell you what our prospects

are of adjusting this matter.

This is a flourishing little town. Our accommodations are more com-

fortable than one would expect, for we have a private parlour and good

beds. To day my eyes are much better. The inflammation is subsiding and

another entire night's sleep will probably restore them. You don't know

how anxious I am to hear how you are getting on. I hope the poetry will

arrive safe. I shewed it to Mr Rush and he copied & sent it to his wife

too. So you see we agree in loving our Wives.

Most Faithfully & tenderly

your attached Husband.

 

Toledo--at the Mouth of the

Miami River--

1 oclock in the morning

of Saturday April 4th.

My dearest wife

You see by the date that I am writing for a moment only; for we must

set off as soon as possible for Monroe a town about 20 miles north of this,

where the Govr. of Michigan is. We got here about 2 hours ago in the

Steam boat and whilst Mr Rush is writing a few lines to Forsyth. I seize

the chance of a line to you, that you may know I am so far safe. We are

just in time. In a day or two (perhaps to day, Saturday) some collision

might have taken place, for the Governor of Ohio arrived at his nearest

town last night. We are mid way between the two Governors, and our

difficulties are rather increased by the news we learn here; for the Govr.

of Michigan has brought with him 1000 stand of arms and 15 Kegs of

Cartridges. But I think we can keep him quiet.6

I got your letter this morning at Cleaveland, but no papers. No matter

-what I wanted most was to hear from you. It was the letter written the

day the Waynes went away. My eyes are nearly well. Good bye. God bless

you. It is the fervent wish of your truly

attached Husband

Give all the little ones a kiss round?            B C H

6 Robert Lucas (1781-1853) was governor of Ohio from 1832 to 1836. After

two years of retirement he became territorial governor of Iowa for the period 1838-41.

Stevens Thomson Mason (1811-1843) served as territorial governor of Michigan in

1834-35, and then became Michigan's first state executive for 1836-40. Both these

men were Virginians by birth.

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304      Ohio State Archaeological and Historical Quarterly

2 miles outside of the World

or

Monroe, April 5. 1835. Sunday.

You will see by the above date, my dearest Wife, where we have got to;

and as it is a rainy Sunday varied every few minutes by being a snowy

day, it gives me a chance of sending you a line. We are on the Michigan

side of the "disputed ground" and in the same tavern with the Governor,

which throws us together so often that we have been able to establish a

free and friendly intercourse with him. There is better hope of influencing

him than the other Governor for many reasons which you would easily

understand (for you know very well that I highly estimate your capacity for

politics) if time would allow me to explain them. Still however the matter

is by no means finally adjusted even with him. We have succeeded so far

as to obtain from him a promise not to take any step that will lead to a

broil, until we have seen the Governor of Ohio which we hope to do to-

morrow night. So far we have done some good. Were it not for our inter-

ference there would have been trouble before this; because an occurrence

happened last night which would have caused violence and probably blood-

shed if it had not been for our conversation with Govr. Mason in the

morning. Some men were arrested yesterday by the Sheriff who was

bringing them to this town, when he was assaulted by a party friendly

to Ohio and the prisoners rescued from his custody. About midnight he

arrived and made his report; and I am quite sure that but for our pre-

vious interference there would have been a general rush of these people

to reclaim the liberated captives and seize also those who had set them

free. To morrow there will be an election under the law of Ohio in

the disputed ground and arrangements had been made to march in and

put a forcible stop to the proceeding, which could scarcely have been

accomplished without bloodshed. Now, there is every reason to hope that it

will pass over in peace. The people who live in the disputed district wish

to belong to Ohio and will therefore conduct the affair quietly, as it is

not for them to cause a tumult when that is performing which they wish to

be done. The Governor of Ohio is coming to Toledo to morrow (from

which place I wrote my last to you) and there we expect to meet him at

night. I fear we cannot do much with him, as he is very firm in his

character and though doing what nine tenths of the nation will hereafter

pronounce wrong, yet will listen to no argument upon the point, because

he says that his State has decided upon it and it is his duty to execute her

laws. Thus much for the present political aspect of affairs. You will take

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Benjamin C. Howard and the "Toledo War"                305

an interest in it because I am so much mixed up with it; otherwise I would not

have said so much. But I am fortunate enough to have a wife whom I not

only love dearly, but whose intelligence I respect; and I mention all my

difficulties that you may sympathize with me. If we can calm this storm

we shall be entitled to some little merit; and we shall exert our best

powers so to do.

Yesterday we met with Mr. Wing, the former member of Congress from

this Territory who invited us to tea.⁷ You will wonder how    his wife

managed to entertain 10 Gentlemen and give us the most comfortable meal

we have had since leaving Pittsburg, without the assistance of a single

servant male or female. And yet there seemed to be no difficulty about it.

In the parlour the candles were lighted and fire burning--nothing was

required there. After a while we went into another apartment where

the tea table was set out with bread, cakes, preserves, &c; then the lady

began at one end and went all round helping each one to tea or coffee

and the bread &c was all passed from hand to hand. Afterwards the

preserves &c were distributed by the lady in the same way and we

retired again to the parlour. These new countries are very scarce in servants,

and their absence is not felt because every body helps him or herself all

day long. I am rejoiced we did not bring one. Our meals are of short

duration and early hours dining for example at 1/2 past 12. We returned

from the party last night after staying a good while and got home at

1/2 past 8. Charles generally gets to bed about 8. He has not yet met

with a Michigan pony, but there are some at Detroit, and if he can get it

home in any way, he will buy one for Susan. I have not seen, a decent

pair of Carriage Horses. Good bye

Ever & sincerely your

attached Husband

 

Toledo, Tuesday April 7. 1835

Finding that the mail does not go through this place, my dearest

Wife, until 9 o'clock and having time to give you a line, I take pleasure

in shewing how much you are in my thoughts; and the more cheerfully

because our interview with the Governor of Ohio has terminated more

favorably than I had anticipated and quite as much so as I hoped. We

are now on our way back to Monroe to the other Governor with whom we

have some further arrangements to make, before our business can be con-

7 Austin Eli Wing (1792-1849) had served as delegate from Michigan Territory

during 1825-29 (while living in Detroit) and 1831-33 (after moving to Monroe).

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306      Ohio State Archaeological and Historical Quarterly

sidered as thoroughly adjusted. There will be no insurmountable difficulty in

effecting these, so that I look upon our mission as almost certain to

produce the result which the President and Forsyth wished. We came here

from Perrysburg this afternoon on horseback and to morrow shall take the

stage for Monroe. I begin to see my way out of these woods and think that

by the end of the week, shall be ready to turn my face homeward at a more

leisurely pace than we came out; for as I told you, I nearly rode my eyes

out to get here in time. It is fortunate in the extreme that we hurried;

otherwise there would have been a conflict and bloodshed, for the

preparations were all made and the time fixed for Monday and we reached

the spot on Saturday only two days before. Your letters are still lying

at Cleveland, for I will not run the risk of losing them by writing for

them to be sent up to this neighbourhood. Good bye--my beloved Wife

and believe me

Ever yours

B C H8

 

Monroe April 10th. 1835

Friday

My dearest wife.

I can snatch a moment or two from this busy day to give you a line,

and even between the beginning of this letter and this far seven hours

have intervened. Since we got back here things have got dreadfully worse.

The Court is sitting and has ordered some men in the disputed district to

be arrested--and the Sheriff has gone out with his Posse Comitatus (mean-

ing every body he can pick up) to arrest them. During the whole day

the village has been alive and in the afternoon the spectacle quite animating,

notwithstanding the bad cause. Men galloping about--guns getting ready--

waggons being filled with people and hurrying off, and every body in

commotion. They are to rendezvous to night about 11 miles off and

march to the hostile village (11 more) to morrow morning. Altogether,

the muster will be 4 or 500 men. Still, there will not be a fight. The op-

posite party are too weak to stand a moment & must fly to the woods.

But then will come the muster from Ohio, too strong for these to resist--

8 Apparently Howard did not describe fully his stay in Toledo, for Rush, writing

after the return home to comment on the progress of the boundary affair, remarked:

"My remembrances to our young friend and fellow traveller Charles. O the days of

Toledo! Positively you or he must, one of these days, immortalise them in verse.

I am no poet. What a character Captain Allen would make in the piece! The Indian

chief, Otto-kee, and my rifle shot at the duck, might also come in." Rush to Howard,

June 21, 1835.

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Benjamin C. Howard and the "Toledo War"               307

Charles has lost it all, having gone to Detroit for a day or two. We

have done all we could to keep the peace, and shall be detained longer

from home in consequence of it. Being Ambassadors, no body will trouble

us, of course. Good bye. I give you an imaginary & affectionate kiss.

Ever yours

B C H

 

The letters end thus abruptly. The work of the commissioners

continued about a month longer; then they made their way east

at a pace more leisurely than that of the outward journey. The

actual boundary settlement was delayed and congress refused to

admit Michigan as a state until the argument was settled in favor

of Ohio; but when this was done, Michigan received as compen-

sation the Upper Peninsula, an area which later turned out to have

rich mineral resources of greater value than the disputed "Toledo

strip." Even so, there were rumblings of discontent and criticisms

of the handling of the mission. Concerning charges that the com-

missioners had acted without authority and had exceeded their in-

structions, Rush commented:

 

With what anxious thoughts did we hang over the case, day and night,

turning in our mind every possible expedient for a temporary compromise

to ward off bloodshed threatening us every hour almost? But no matter;

we did our duty as well as we could, knowing, seeing, feeling, all the

embarrassments on the spot; and I venture to feel sure that when all that

we wrote comes to be seen, nobody will blame us, for who has been able

to do better than we would have done?9

 

Certainly Howard and Rush performed their task to the complete

satisfaction of the president, for Asbury Dickins, acting secretary

of state, wrote: "On the termination of your mission, it gives me

pleasure to communicate to you the President's entire approbation

of the zeal and ability with which you have discharged the im-

portant and delicate trust which was confided to you."10

9 Rush to Howard, September 18, 1835. See also Rush to Howard, September 15,

October 19, 1835, January 7, 1836; and Forsyth to Howard, October 29, November

12, 1835.

10 Dickins to Rush and Howard, May 27, 1835. Howard retired from congress

in 1839, became a member of the Maryland Senate in 1840, and in 1843 resigned to

accept appointment as reporter of the United States Supreme Court.

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