OUTLINES OK THE POLITICAL HISTORY UK MICHIGAN HV • JAMES V. CAMPBELL 1)F:TR0IT: SCHOBER & CO 1876. Copyright, 1876, By yAM£S y. C. 4PBELL SCHOBEH & Co. rHINTBlJS AND BINDERS, 7 fort St. W. PREFACE This work was originally intended as a sketch to be used for the purposes of the Centennial Committee of Michigan, and was prepared in more haste than was otherwise de iirable. The time allowed foi it was not sufficient to permit any very extended researches among original materials. Although, for some twenty years past, the writer has made occasional collections of such material, yet his work must be regarded as largely compilf^d from his predecessors, who have been so fre- quently relied on that this general acknowledgment is more appropriate than would be any attempt to credit them in particular places. He has drawn freely from the Lanmans, and Mrs. Sheldon, from the " Historical Sketches of Michigan," and from the local sketches of Judge Witherell and Mr R. E. Roberts, as well as from Parkman and the French authors — especially Charlevoix, La Hontan, Hennepin, Tonty and Joutel, — correcting them, so far as he could, by the French documents. In matters concerning the War of 1812, Mr. Lossing's " Field-Book" has been of much service Upon that war there is no lack of authentic documents and histories. Much, also, which has not been recorded by the historians, has been found scattered through early and modern biographies, books of travel, and other less pre- tentious works, as well as in newspapers and private IV P R K F A C E . writings ; and many interesting facts appear incidentally in public documents and land books and other local records. The early recording officers placed on record a great many private papers which were" not muniments of title, but related to family matters. A long residence in Detroit has given some oppor- tunities for procuring information from living sources, and for observing things which were not without value for reference. It has also enabled the writer to understand and explain some things which could hardly be com- prehended from writings alone. Many gentlemen have busied themselves with gathering and preserving his- torical material, and have accumulated much that, with sufficient time and labor, will be some day made a very valuable addition to the annals of Michigan and the Northwest. Besides the numerous documents preserved by the Historical Society, and the narratives and sketches gathered by the Pioneer Society, it is not ir'- proper to mention Hon. C. C. Trowbridge, Hon. Charles I. Walker, Robert E. Roberts, Esq., Bela Hubbard, Esq., and Hon. Levi Bishop, as active workers in this field. It is to be hoped that the results of Judge Walker's diligent researches will be given to the public in a durable form. To all these gentlemen, as well as to Hon. E. A. Brush, and many other personal friends, who have aided him by information and suggestions, the writer records his acknowledgments. He trusts that his imperfect sketch will not be without some value, as a contribution upon a subject which, as yet, has been very far from receiving ex- haustive treatment from any one. Detroit, May r, 1876. CONTENTS. CHAPTER I. Page Preliminary. No popular government until Councils of 1824 and 1827. Chief growth has been since that time. Eventful close of the first half century of the United States. Michigan of PVench origin, and with institutions unlike those of English colonies. Part of New France and Canada. French writers and explorers. La Salle, Hennepin, Tonty, F.a Hontan, Char- levoix. Full records in the Department of the Marine. French regime de.'spotic and peculiar. Attention of govern- ment extended to private affairs. Intrigues in Church and State. Publication of old records by New York. Collections in Canada and elsewhere I C H A P T E R 1 r . Early explorations. Michigan was a part of New France. Settle- ments delayed by its Canadian connection, in the intere.sts of fur trade and of missions. Date of discovery unknown. An- cient resort for beavers and furs. Hurons or Ouenduts. l.e Detroit, or the .Strait, known very early. Champlain and the RecoUC't Missions. Michigan not held by the Iroquois. Mis- sions in the Upper Peninsula. Raymbault, Jogues, Mesnard. Mission of St. Ignace and Mackinaw. Pere Mar<|uette. Cou- reurs de bois and fur trade. Character of contraband adven- turers, liushrangers the first explorers and soldiers. Jesuit missionaries opposed to settle-nents S C H A P r E R 1 i 1 . Preparation for Western occupation. Territorial ambition of Louis XIV. Supposed route to China and the Indies. Contest be- tween friends and enemies of exploration. Expeditions sent out by Talon towards South Sea. St. Lusson at the Sault de .Ste. Marie. .Success of French in dealing with Indians La- Salle's first expedition not completed. Joliet, Dollier and Galine6. DoUicr and Galine6 destroy an idol at Detroit. Trade monopoly and contraband, Coureurs de bois restrained VI CONTENTS. P«ge by law. Eminence of their leaders. The reiziment of Carig- iian Saliires. English encroachments. 11 nelson's Bay Com- pany. New York ceded to the English. Colbert offers re- wards for discovery. The Religious Orders and their influence. Grandfontiiine sends out Joliet'. Voyage to-Akansas country. La Salle ennobled, and authorized to explore. Tonty. Pre- parations for journey. The Criffin. Skilled mechanics. Ri- bourde, Membrii, Hennepin, Missionaries. Launch and voyage of the Griffin. Keaches the Detroit August loth, 1679 20 C II A TTE R I V. £arly settlements in Michigan. La Salle sends men to Michigan to wait for him. Tcuchsa Grondie and the early settle- ments on the Strait. Karontaen, whether the same as Carontouan. Many forms of the same names. Champlain's knowledge of the Strait. Griffin at the Detroit. At Lake Ste. Claire on St. ("laire's Day. Lake Ste. Claire known as Otsi- keta, Chaudicre, Kandekio and Ganatchio. La Salle reaches Mackinaw and goes southwest. At St. Joseph. Strife with Iroquois and English for the fur trade. Eminent adventurers. Du Luth, l)e la FoiC-t, Uurantaye, Lusigny. Duchesneau complains of Krontenac anc| Du Luth as favoring contraband trade. Amnesty to coureurs de bois. Colonial intrigues. Du- Luth goes to France. Importance of Lake Erie. Correspon- dence between De la Barre and Governor Dongan. Denonville sends Du Luth to build Fort St. Joseph, at the outlet of Lake Huron. Mc(Jregory and Roseboom expeditians and capture. Tonty, La Foret, Durantaye, Du Luth and Beauvais de Tilly go east with the prisoners, to join the -Seneca campaign. La- Hontan sent to Fort St. Joseph. I.afontaine Marion, guide to McGregory, shot. Grisolon de la Tourette, brother to Daniel Grisolon Du Luth. Iroquois claim against French control of the Detroit. Mackinaw an important point. Hurons and Ottawas. Industry of the Hurons. Fort St. Joseph abandoned. La Motte Cadillac. New York covets the western trade. Coureurs de bois or bushlopers valuable to the Colonies. Cadillac proposes a fort at Detroit. Livingston recognizes importance of getting Detroit or VVawyachtenok. Cadillac goes to France to lay his plans before the King. Authorized to found Detroit. Fort Pontchartrain 36 CHAPTER V. Detroit under Cadillac. Iroquois complain of French occupancy. Convey their claims to William III. Lake luie and its vari- ous names. Iroquois not claimants of Michigan. Importance CONTENTS. VU Page of water-ways. Description of the Strait and its islands. Why the post was not placed on Cirosse lie. Hois-blanc I.sland. Fortifications at Detroit. Cattle and horses. Huildings. D'Aigremont's report. Indians settle at Detroit. Trouble with Jesuits. Cadillac and his measures. Restraint of liquor traffic. Monojjoly of Canada ('ompany. Danger from English intrigues. Intrigues against ('adillac. Ordered to (Juebec for trial. Vindicated hv Count Pontchartrain. Aigremont's spite. Congas or licenses. Delays in settlement. Censu.s. Cadil- lac's seigneurie. Plans for improving Indians and enlarging settlement. Feudal grants of land. Wheat introduced. Mills. Enlightened views. Cadillac Governor of Louisiana 55 CH APTE R V 1. French rnle. Detroit the only civil settlement. Subject to English schemes. French system opposed to freedom of action. French settlers brave and enterprising. No courts of justice. Public notaries and their functions. Disposal of Cadillac's interests. Madan e Gregoire, his grand -daughter. I.a Forct succeeds Cadillac. Dn Buisson commands during liis absence. Detroit , besieged by Mascoutins and Outagamies. Succored by Pota- watamies, Hurons, Illniois, Missouris and Usages. Fort re- lieved, and great slaughter of besiegers. Tonty the younger. La F'orfit's views concerning the post. Description of Indians. Superiority of Hurons. Visit of Charlevoi.x. Domestic animals and crops. Prerogatives of the commander. Lands controlled by Governor and Intendant. Trade monoi)oly under younger Tonty. Licenses to privileged traders. Popular remonstrances and Tonty "s annoyance. Improvement under Beauharnois as Governor, and Hocquart as Intendant. Beauharnois favors settlements and makes concessions of land. Boishebert, Com- mandant, sanctions a water-mill. Moulin banal. Detroit gov- ernment grants held in roture and not by feudal tenure. Hugues Pean and Bigot. Few grants perfected by patent as required. Cadillac and Repentigny the only grantees of seig- neur ies. Trading licenses granted freely. Commanders at De- troit, Pajot, Deschaillons de .St. Ours, De.snoyelles, Noyan, Sabrevois, C61oron, Longueuil, De Muy, Bellestre. Indian set- tlements in Michigan. L'Arbre Croche. Liberal views of Maurepas, Beauharnois, La Jonciuiere, and De la Galissonni6re. The Phelyppeaux family, and places named in their honor. He Phelyppeaux in Lake Superior a national boundary. Its disappearance. Navarre Deputy Intendant at Detroit Notary and tabellion. Tenure of lands within the Fort. Conditions to keep up pickets. British and Iroquois intrigues with the Hurons at Detroit. Huron mission village at Bois-blanc. Iro- * t: () N T K N J' S . quois on White I'iver. Trade sutiler.s. Celoron and Joncaire on the Ohio. Indian rising and m-issacre planned at Detroit, Chiefs sent to Quebec. Attack on sctt'emcnt at Gro.sse lie. Capture of ring leaders. One liilled, and one commits .suicide. Richardie and I'otier, Huron missionaries. Huron Mission removed from Hois-blanc to Sandwich. Resistance to Knglish advance on Ohio. (Jalissonniere urges sending out settlers. Kauxsaulniers or salt smugglers to be sent out. Colonial in- dustries favored by I'"rench, but opposed by English. Settlers sent out from France to I )etroit. Scarcity. Detroit enlarged. Repentigny settles at Sault de Ste. Marie. War with England. Detroit sends troops and sujiplies. Piquotii de HcUestre active. Acadian refugees. Bellestre the last French commandant. Detroit included in Montreal capitulation. Surrendered to Robert Rogers. Account of Hellestre 77 ; C H A TTE R V I I. Michigan under Uritisli military rule. Few interests for law to oper- ate on. Detroit, Mackinaw and Sault dc Ste. Marie the only settlements. Fort Mackinaw then in Lower Peninsula. Pop- ulation of Detroit. Slaves. Pauls. Buffaloes. Ceneral (iage and Sir William Johnson. Chabert de Joncaire. Robert liogers, • Royal American Kegiment. Pontiac meets the British near the C'uyahoga. Arrogant conduct of British officers to- wards Indians. Caplain Donald Campbell first commandant at Detroit. Albany traders Trade regulations. Pontiac begins scheming. Effect of Treaty of Pans. French popular with Indians. Events at -Mackinaw. Post ca|)tured by stratagem of ball-play. Conduct of various Indian tribes. Etherington. Gorrell. Henry. Tolerance of Indian barbarities. Detroit during the Pontiac Jwar. Siege, (lladwin, Campbell, McDoug- all, Rogers, Dalzell. Massacre of Fisher at Hog Island. Cuillerier. Intervention of Chapoton, Godfroy and La Butte. Murder of Major Donald Campbell and escape of McDougall. Battle of Bloody Run. Siege raised. Bradstreet's Treaty. \ Tricks and mistakes of interpreters. Need of civil government. Royal proclamation continued martial law. British suspicions against loyalty ot French. Popularity of Scottish officers. British authorities opposed to civil settlements. Fur trade. Indian grants. Temporary courts established by the command- ant. Dejean and I.e Grand justices. Irregularities at Mack- inaw. Misconduct of Robert Rogers. Alexander Henry on Lake Superior. Mining and copper discoveries. Condition of Detroit settlements. Potawatamie grants. Royal officers at Detroit. No new.spajjers in Province. Quebec Act passed .. in CONTENTS. IX C H A P T E R V I I I . P»gB Michigan under British law. Purpose and operation of the Quebec Act. Opposed by liberals. Petitions for its repeal disregarded. Zachary Macaulay. Western posts continued under martial law. Lieutenant governors appointed. Henry Hamilton at Detroit. No regular courts till 1788. Lay judges. Justice R^aume. Dejean's multifarious duties. Continued in his limitea magistracy. Liquor selling regulated by agreement among merchants. American Revolution did not reach Mich- igan, (iarret Oraverat charged with disloyalty. Execution of prisoners sentenced capitally by Dejean without authority. Captain Lernoult in command. Relations of Dejean with Lieutenant Governor Hamilton. Further unlawful Indian grants. Loyalty of French at Detroit. Difference between French and English colonists. Destruction of American settlements. Pol- * icy of preventing civilization. Events in Indiana and Illinois. Hamilton's expeditions. DePeyster at Mackinaw and his aux- iliary attempts. Forays from Detroit. George Rogers Clark captures Vincennes. Hamilton, Hay, Dejean and others ile- tained prisoners. Their treatment in Virginia. DePey.ster commanding at Detroit. Acts as chaplain in marriages and other duties. His character. Bird's expedition to Kentucky. Moravians in Michigan. Zeisberger and others settle on Huron (Clinton) River of Lake St. Clair. New Gnadenhutten. John Hay lieutenant governor. First road in Michigan built to Moravian settlement. Fort Mackinaw moved to Island of Michilimackinac. Detroit and other posts retained by Great Britain, in violation of treaty of peace. Records removed to . ^ Quebec. Indian hostilities encouraged against the United .States. Brant. Canada divided. Upper Canada made a com- mon law province. Sinicoe lieutenant governor. Grants to American Tory refugees. British build fort at Maumee Rapids. Wayne's campaign and victories. Treaty of Greenville. Jay's treaty provides for surrender of posts to the United States. Fraudulent Indian grants in anticipation of surrender. Posses- sion taken of Detroit 153 CHAPTER IX. Michigan under the Northwest Territory and Indiana. Territory cov- eted by the British. Plan to obtain it by purchase. Disloyalty at Green Bay and Sault de Ste. Marie. Election of many citizens to retain allegiance to Great Britain. Jonathan Schieff- lin. Pleasant social lelations. Slaves. Rights preserved by Jay's Treaty. Wayne County organized. Militia. Courts. X CON T F, NTS. Page Ordinance of 1787. Courts at Detroit yearly. Jacob Burnet. John Cleves Symmes. Arthur St. Clair, Jr. Bluejacket. Buckongahelas. Honors to the Governor's son. Indians in- jured by contact with American settlers. Flourishing business at Detroit. Style df living, French noblesse. Marietta col- onists. Solomon Sibley. Lewis Cass in Ohio. Amusements. Elections for General Assembly. Character of legislation. Schools. Division of Territory. Seat of government removed to Chillicothe. Detroit incorporated. Chillicothe riots. Schieff- lin's courage. Ohio Constitutional Convention. Wayne County not represented. Michigan attached to Indiana. Detroit des- cribed. Domestic life. Dispute concerning national boundary. Boisblanc Island and Maiden. Government trading posts. Commission to settle land titles. Michigan set off as a Territory 198 CHAPTER X . Governor Hull's civil administration. Political contests of that period. No new settlements in Michigan away from the border. Pop- ulation. Importation of Territorial officers. Plvils of their local ignorance. Governor, Secret.iry and Judges. Burning of Detroit. New town planned. Legislation of Governor and Judges. Court districts. Lotteries for publir purposes. Wood- ward's plan of Detroit. .Militia. Lan''. titles. Discords among the (iovernor and Judges. B:i;il< of Detroit incorpDrated, and annulled by Conef'esa. Kidnapping British deserters. Slaves. Lr.diaii treaty concessions of land. Delays in public surveys. Indian alarms. Detroit stockaded. Negro soldiers. Quarrels of Hull and Woodward. Social affairs. Schools. Fir^t print- ing press. " Michigan Essay." Father Gabriel Richard. In- dian troubles. Tecuniseh and the Prophet. British intrigues. Maiden agency. Elliott and McKee. Henry's mission to New England. Indians defeated at Tippecanoe. Governor Hull goes to Washington. Evils of having no newspapers. Sweep- ing repeal of all old laws, British, French and Territorial. No local self government. Currency. Taxation. Imperfect legal system. Burr's conspiracy antl neutrality laws 232 C H A t r E R XI. * Ciovernor Hull's military administration. Early omissions and mis- takes of the Government. Hull's antecedents. His opinions on military policy. Rated by his Revolutionary .lervices under different circumstances. War measures adopted. Troops levied. Call on Ohio for soldiers. Hull in command of Ohio troops and regulars. March towards Detroit. Baggage and invalids r ON T F. NTS. XI Page sent by vessel and captured. Hull receives notice of war on ihe way I'roni Maumee to Detroit. British received earlier notice. Reaches Detroit. Delays crossing till advices from Washington. Enters Canada and issues proclamation. Expe- ditions of Cass and McArthur. Delays ofi'ensive measures. Mackinaw captured. Traders in British interest. Proctor at Maiden. Kattles of Monguagon and Hrownstown. Hull retires from Canada. Chicago massacre. HroL at Maiden. Batteries built at Sandwich without interference from Hull. Discontent, Cass and McArthur sent towards River Raisin. Briti.sh open fire from Canada. Cross Detroit River without resi-stance. Hull sur- renders. Dishonorable terms of capitulation. Captain Brush refuses to be included. Sustained by court martial, ("ourt called to try Hull. Dissolved because he has not been exchanged. New court called on his exchange. Conviction and .sentence that he be shot. Sentence remitted. Hull's defence and sub- se(|uent eflort at vindication. Discussion of the subject .... 266 C H A I'T K U XII. ^ lintish possession and American reconquest of Michigan. Cass re- ports at Washington upon the facts of Hull's military trans- actions. Brock's proclamation. Discussion upon true contents of articles of surrender. I'roctor in command. Organizes tem- porary government. Depredations and spoliations. Attempt to turn citizens to disloyalty. Indian threats. Excitement in the West. Capture of Revolutionary trophies at Detroit. Brock knighted. Cr^.ture of the Detroit and Caledonia, armed vessels, by Elliott, near Buffalo. Harrison's (orces gathering in Ohio. Maiden to be assailed. Winchester's defeat on the Raisin. Proctor's treachery. Massacre of the wounded. Fate of Wool- folk. Hart, Graves and others. Dr. McKeehan's adventures. Ransom of prisoners, and Proctor's prohibition of further ran- som. Woodward's spirited conduct. ('ruelty to jirisoners. Banishment of Americans from Detroit. Kentucky volunteers. Ohio campaign. Fort Meigs besieged. Capture of relieving force, and Indian barbarities. Tecumseh more merciful than Proctor. Siege raised. P'ailure of plan for second attack. As- sault on I'"ort Stephenson, and brave ilefencc by .Major Croghan. Retreat of British and Indians. Governor Shelby raises volun- teers and leads them. The mounted rangers. Richard M. Johnson. Okemos. Perry i)repares a fleet and sails from liric. Defeats British fleet in Battle of Lake Erie. Transports troops to Canada. Proctoi's cowardice. Retreats from Maiden. Evacuates Delmii and retreats up the Thames. Detroit occu- Xll CONTENTS. Page pied by American troops. Hull's flagstaff not used. Pursuit of Proctor and Battle of the Thames. Tecumseh killed. In- dians submit tu Harrison. Expeditions of McArthur and Holmes, failure to retake Mackinaw. Neglect of Michigan to commemorate her rescuers. Honors to Captain Hart. Re- union of veterans at Monroe 329 C HA PTER XII I. Administration of Governor Cass. Lewis Cass Governor and William Woodbridge Secretary of the Territory. Indians troublesome. Treaty of peace with tribes. Insolence of British officers in Canada. Search of American vessels at Maiden. Bounty lands appropriated in Michigan for soldiers Report of surveyors that no tit lands could be found. False statements concerning the country. Counties organized. Indiana and Illinois organized, and part of Michigan annexed. Territory extended beyond Lake Michigan. Visit of President Monroe. Sword presented to (Jeneral Alexander Macomb from the State of New York. " Detroit Gazette" established. Unsound currency Michigan University chartered, and receives various gifts. Sales of public lands. New counties. County Commissioners appointed. In- crease ol lake commerce. Land carriage by pack horses. Ponies. People reject offer of representative government. Reinterment of Captain Hart. The steamboat Walk-in-the- Water, the first lake steamboat. Synimes's Ho'e. Churches incorporated. Dele- gate to Congress authorized to be elected. Bank of Michigan. First steam-voyage to Mackinaw Governor Cass's expedition to the sources of the Mississippi. The British hold Drummond's Island and subsidize Indians, Thomas, the great chief of the Menominies. Indians at the Sault insolent and raise the British flag. Cass pulls it down. Treaty concluded. Territorial system of criminal law. Mischief of British presents to Indians. Con- gress creates new court for the upper country. Large business there. Territory re-organized with legislative council. Judges legislated out of office. Changes in offices. Court house built and used as capitol. Curious manuscript. Meeting of council and change of officers. Erie canal. " Michigan Herald" estab- lished. Governor Cass appoints officers on popular selection. Captain Burtis's horse-boat, and the steamer " Argo." Indian captives Cass and McKenney's expedition. Koads. Fort Shelby at Detroit abandoned. Kishkaukon charged with murd'^r. Commits suicide. Councilmen to be chosen directly by the people. Supervisor system adopted in counties. Laws concern- ing colored people. Export of flour and tobacco. Changes on the bench. Sheldon contempt case. First railroad charter to CONTENTS. Xlll Page Pontiac and Detroit Railroad. Excitement over French Revolu- tion of 1830. De Tocqueville hears ot it between Detroit and Saginaw, Political removals and appointments of General Jack- son. Cass made Secretary of War. Leading men and social affairs in his time. Revised Code of 1 827 .')76 CHAPTER XIV. Last years of the Territory. Rapid increase of population. Judicial system. Good character of settlers. People desire to manage their own affairs. Dislike of foreign appointments. Stevens T. Mason appointed Secretary while under age. Public remon- strance. George B. Porter made Governor. Turbulence of young politicians. Death of Judge Trumbull, the author ot McFmgal. Gforge Morell and Ro.ss Wilkins appointed in lieu of Judges Woodbridge and Chipman. Popular vote to become a State. Black Hawk war. Cholera. Rxtension of Michigan Territory beyond the Mississippi. Death of Governor Porter Boundary commission. Henry D. Gilpin nominated as Governor and rejected by the Senate. Preparations to organize Wisconsin. Preliminary steps for State organization DifHculties with Ohio about boundary. Adoption of State constitution, and election of State officers and representatives in Congress. Charles Shaler appointed Secretary of the Territory and declines the appoint- ment. John S. Horner accepts it. Arrives and is not well received. Lucius Lyon and John Norvell chosen Senators. Con- gress refuses to admit the State until the people in conveVition ■ yield their southern boundary to Ohio. Regular convention rejects the terms. Irregular or " Frostbitten" convention accepts them, and the State is admitted. Co-existence of State and Territorial officers for certain purposes 425 CHAPTER XV. Michigan under the Constitution of 1835, Sketch of the constitution. Condition of public travel in 1835. Sanguine expectations of prosperity. Educational measures. Internal improvements. Geological survey. Banking laws. Bounties for manufacture!*. Five million dollars loan and its unfortunate history. Large appropriations for railroads and canals. Frauds and defaults in the agents of the loan State scrip and State warrants resorted to to meet liabilities. Canal at .Sault Ste. Marie stopped by United States troops. Remarks on government reserves. Gov- ernor Mason. Revised statutes of 1838. New revision in 1846. XIV CONTENTS. Page Changes injudicial system. " Patriot War" or Canadian Rebel- lion. Expatriation (juestion. Free scliools in Detroit. Scrip called in. Political changes. Governor Barry. Movements to improve Indians. Factitious surveys of public lands. Indian names of northern counties changed. Sale of State railroads. Mexican War. Changes in the Courts. Capital punishment abolished. The Upper Peninsula and its mines. System of surveys. Burt's solar compass. Asylums. Normal School. Uitiversity. Land Office. Capital removed to Lansing. Adop- tion of new Constitution 480 CHAPTER XVI. Michigan under the Constitution of 1850. Comparison of the two Con- stitutions, (lovernors of Michigan. .Swamp land grant. Ship canal at the Sault de Ste. Marie built. Mormon occupation of Heaver Island. King Strang. His assassination. Spoiling the Mormons. Obstacles to legal proceedings in the U|)per Penin- sula. Prohibitory liquor laws. University affairs. State Reform School. State charitable institutions and commission of charities. Cirand jury system changed. Rise of the Republican Party. Military affairs. Embezzlement of State moneys by John Mc- Kinney, State Treasurer. John Owen, his successor, raised funds on his own credit until the tax levies came in. War preparations on the eve of the Rebellion. Michigan during the Rebellion. Rebel seizure of the steamboat Philo Parsons. Governors of the State. Judicial changes. Senators. Attempts to revise the Constitution and their failure. Aid-bonds Ag- ricultural College grants. Salt. Destruction of timber. Phi- lanthropic legislation and measures to carry it out. New State Capitol. .State Library. Lady Librarian. Salaries. Summary of progress 540 Note to Page 418. — The writer was misled in regard to Mr. De Tocqueville, by a friend's hasty reference, which he discovered, (too late for correction in the text,) arose from a misapprehension. The Memoir of De Tocqueville refers to the first anniversary of the Revolution of July, which he spent in the Michigan woods in the next year, 1831, and not to the Revolution itself. He was in France in 1830. The very lively emotion shown in the reference was retrospective. OUT I. I N E S OK I'HK POLITICAL HISTORY OF MICHIGAN. OUTLINES OP THK Political History of Michigan. CHAPTER I. PRELIMINARY. The political history qf Michigan, as a com- munity governed by its own laws, dates back but half a century. In the summer of 1824 the first Legislative Council met, composed of nine mem- bers, selected by the President and confirmed by the Senate of the United States out of eighteen persons chosen by the voters of Michigan Territory. In 1827, for the first time a Council of thirteen sat, who were chosen directly by popular vote. Since that time the affairs of the people have been con- trolled by their own representatives, subject, dur- ing the territorial stage, to a veto of the Gover- nor appointed by the United States, and to re- vision by Congress; and since the organization of the State to a qualified veto by their own Governor. 1 A INTKRESTING KRA. [Chaf. I. If that only is political history which covers the life of the people as a political commonwealth, it would be safe to begin at the period of en- franchisement, and to confine our attention to i^ e fortunes of this region since that time. The whole population of European descent was then less than twenty thousand. The cultivated lands, if placed together, would not have covered a single county. For about half the year there was no intercourse with the outer world. The completion of the Erie Canal was opening the way for that great course of emigration which has since brought into the West more people than were at that time to be found in all the Northern States ; and for some years thereafter a large share of those who left New York and New England to find new homes in the Northwest settled in Michigan. Several of our flourishing towns were founded then or soon after. The times were notable for other reasons. Some disputed questions of boundary and in- demnity under treaties with Great Britain had just been determined, and the line between the British and American islands in the dividing waters of this frontier had been ascertained, so that the limits of our jurisdiction were fixed for the first time. The completed half century of the republic found us in treaty relations with the Empire of Russia, and with the new American Republics of North and South America, which our example Chap. I.] ORIGIN OF INSTITUTIONS. t had led to independence. The first combined arrangements had been made with Great Britain for checking the slave trade, which the completion of the century finds practically abolished. The history of Michigan, from that period, is one of very rapid progress, and the last fifty years have been remarkable years for the whole civilized world. But the earliest days of the life of any people must always have some influence on the future, and usually one which determines in no small degree the character of popular institutions and progress. The institutions of the United States are mostly natural developments from those of the earliest settlements ; and those, again, were modifications of the older British customs, which have been vigorous and adaptable since times more distant than any of which we have complete histories. The settlements in Michigan were made very early, and the Canadian annals, to which our first history belongs, date back of most of those of the English colonies. The beginnings of Cana- dian colonization appeared more promising than those of New England or Virginia. None of the thirteen commonwealths that declared their inde- pendence had ever been watched by Great Britain with that solicitude which was spent on the French provinces by their home government, or which has been bestowed on Canada since the other British possessions separated from it. % EARLY FRENCH WRITERS. [ChaK I. If the commonwealths within the United States prospered under neglect, and their neighbors suffered from too much home attention, perhaps the experience of a region which has been through both experiences may not be altogether without value as an example of what may be followed, and what may be shunned. The leading features of the colonial history of Michigan, so far as they show its experience in matters of government, may be given briefly. No sketch would be complete without them. The purposes of this outline will not allow an extended narrative of those romantic adventures which add so much life to the annals of this region. Historians have loved to dwell upon them, and under the hands of such artists as Park- man they have assumed the shape and color of present reality. The older writers have pre- served many brilliant sketches of the remarkable events of their times. Hennepin, always graphic, if not always reliable, was one of the first, if not the very first, who gave a minute description of the country about the great lakes, and who detailed the beginnings of La Salle's discoveries more faithfully than their sequel. La Hontan, who has also been charged with exaggeration in some things, and. with some sheer inventions, is never- theless fully corroborated by other witnesses, in a great part of his personal narrative, so far as it concerns our affairs. Charlevoix, who was histor- ian as well as traveller, has left works of sterling Cka». I.l COLONIAL DISCORDS. merit and great interest, and his style is very attractive. He too has left much unsaid, and has, probably without sinister intentions, colored his picture according to the strong prejudices of his order. The discoveries made among the old records of the Department of the Marine, and in family and other collections, have rendered much of the old histories very unreliable. These papers, which are now coming to the light, show a very strange condition of affairs. There seems never to have been a time when harmony prevailed among all the influential persons or authorities. The Gover- nor was frequently and perhaps generally at war with the Intendant, upon questions of vital policy. The ecclesiastics were opposed to the views of the civil officers, and the religious orders were arrayed secretly or openly against each other. Official letters written in one sense were qualified by private despatches in another. Every leading man had spies upon his conduct, who were them- selves watched by other spies. The whole truth seldom reached France from any source ; and the only means of redress open to many of the lead- ing spirits of the colony against those who per- sistently thwarted the Royal intentions in their favor, was a personal appeal to the King or his ministers in . the mother country. As it was shrewdly remarked by one of the ministers, the King's orders lost their force when they crossed the Bank. 6 INFORMATION SUPPRESSED. [Chaf. I. This is readily understood, when it is known that the first public printing press in Canada was set up after the English conquest, about 1764; and no such thing as public opinion was known as an influence in the affairs of government. News could only get abroad as rumor or gossip. The only books which criticised the conduct of the church or state authorities, or which vin- dicated the reputation of those who were oat of favor were published abroad. No writer could publish in Prance any account which was not satisfactory, as the press was rigidly watched. The writings of Hennepin and La Hontan, printed in Holland, were assailed and denounced as the work of renegades and traitors, and generally discredited, without discriminating between what was claimed to be invention and the rest. Many of the most important documents, which in any other country would have been made public, never saw the light until our time. The eminent author of the Commentary on the Marine Ordinance of Louis XIV., M. Valin, complains of the labor of delving in the chaos of edicts and public documents in the office of the Admiralty, relating to maritime affairs, which he speaks of as a prodigious multitude. The collec- tion of public reports and private letters relating to colonial affairs, from civil ancj ecclesiastical officers and from persons of all occupations, gath- ered toj,rether from all parts of the world, during a regime when every one was suspected, and Chaf. 1.1 COLONIAL DOCUMENTS. when colonial gossip was as keenly scrutinised as colonial business, must be enormous. The Domin- ion of Canada has drawn largely upon these de- posits, and the State of New York has published a valuable selection from them. Further ex- cerpts have been secured at different times by General Cass and others. We may hope that when this material has been thoroughly sifted our early history may be made complete. ■. ..:\J CHAPTER II. EARLY EXPLORATIONS. The State of Michigan is a part of the terri- tory colonised by the French, and held under the government of New France and Louisiana. It was never properly a part of Louisiana as a sep- arate province, although in some of the ancient maps it appears to have been included in that region. Its affairs were always under the super- vision of the authorities in what was afterwards known as Lower Canada, until the British con- quest of 1 760-1 763, after which it remained under military control, until by an act of Parliament passed in 1774 it was annexed to the province of Quebec. From its first discovery until the close of the French supremacy its history is a part of the history of Canada, and most of its French inhab- itants were Canadians by birth or connections. This dependence on Canada was a principal cause why Michigan was not settled earlier, and why after settlements were begun they were not allowed to be multiplied. It was early known that the lands were exceptionally good, and that farming could be made very profitable. But the colonial policy adhered to for a long period did not encourage the pursuit of agriculture. A wil- Chap. II.] THE HURONS. 9 derness was more precious in the eyes of the authorities at Quebec than fields and farms. The change in sentiment, if it ever came, came too late, and one prominent cause for the loss of the American possessions of France, was lack of people. It is impossible to determine, with any pre- cision, at what time this country was first discov- ered by the French. It must have been visited by travellers or roving traders long before its settlement. The fur trade, and especially the trade in beavers, was the chief and earliest branch of commerce in the colony, and began with its beginnings. The Lake country was considered by Indians and whites as the chief source of sup- ply for beavers, and for most of the more valua- ble furs and peltries. Long before the Iroquois extended their incursions so far to the west, the peninsula of Upper Canada was a favorite seat of the Ouendats or Hurons,' who were more civilized and less nomadic than any of their west- ern neighbors. The undefined region called the Saghinan, or Saginaw country, which seems to have been sometimes spoken of as identical with the Lower Peninsula of Michigan, was famous for its wealth in beasts of the chase; and de- ' The term Huron is French, and was given to these Indians btcause of the appearance of their hair, which was rough and ridged like the bristles of a wild boar — "Aure." Cheveux Relev6s was another name of the same meaning — i. e. with hair standing up — applied by Champlain as is supposed to the Ottawas. The name of the Hurons used among themselves was Ouend&t, anglicised Into Wyandot. Huron was an old name for miners. — a Mntray, 148. 10 EARLY MISSIONS. [Chap. II. scriptions of it reached the first visitors at Mon- treal and were heard by Jaques Cartier. It is possible that the wandering traders may have had temporary stations on the borders, but the earliest establishments of which we have any unquestioned record were the missions. There are vague references to companies of French passing up and down the strait now known as the Detroit River ; and there seems much reason to believe that a village of Hurons existed at or near the present site of Detroit very early in the seventeenth century. There is nothing to indicate that at that period the passage was dangerous. The Huron villages, if the accounts of early tra- vellers are correct, were not much, if any, inferior in their defensive arrangements, or in their habita- tions, to some of the first trading posts and mis- sions. That people, both in language and in habits, showed evidences of aptitude for civiliza- tion beyond the ordinary savages. The earliest missions in the neighborhood of Michigan are supposed to have been those of the Recollet Fathers in Upper Canada, near and on Lake Huron and its affluents, which were founded dur- ing the time of Champlain, who is reported, but perhaps on doubtful authority, to have passed through the strait on one of his journeys, and is claimed by the official memoirs to have discov- ered this region in 1 612.' > Champlain's maps show that he knew the connection between Lake Huron and the lower lakes, though not depicting it with geographical accuracy. Chap. 11.] £aRLY MISSIONS. 11 Whether any of the missionaries visited this immediate neighborhood during their residence among the Hurons at Georgian Bay is not known. But there is every reason to believe they had a mission of some consequence on the eastern side of Lake Huron, near its outlet and not far north from Port Sarnia. ii ? -^i'^; When the Iroquois overran the Huron coun- try all vestiges of the European settlements di.s- appeared. The Lower Peninsula of Michigan having been mostly unoccupied by tribal settle- ments, there was very little to invite invasion. In their western excursions the Iroquois appear on some occasions to have reached the southern borders of Lake Michigan. But there is no evidence that they ever dwelt in the lake region of Michigan ; and if they ever traversed it, they retained no hold on it. It was never actually possessed by any but the northern and western tribes, who were independent nations, and owed no fealty, and acknowledged none, to the Iroquois or their allies. Missions were founded by the Jesuits on the northern and southern borders of the Upper Pen- insula of Michigan. Raymbault and Jogues visited the Sault de Ste. Marie in 1641, but do not seem to have made any establishment, having returned to their mission at Penetanguishine the same year. In 1660 Mesnard coasted along the south shore of Lake Superior as far as the head of Keweenaw Bay, known as L'Anse. Having 12 , MESNARD. [CHAr. 11. wintered there alone among the Indians, he went westward in the spring, passing through Portage Lake, and intending, after crossing the narrow strip of land known as the Portage, (which has been recently opened to navigation by a ship canal,) to continue his journey to Chegoimegon Bay. This is the bay lying south of the Apoftle Islands, on one of which, at La Pointe, is a very old settlement and mission. Mesnard had but a single Indian with him, and while this companion was removing the canoe and its contents across the Portage, the missionary, who was an elderly man and quite feeble, strayed into the woods, and disappeared. How he could have been lost beyond the power of an Indian to discover his trail, we are not informed. It is very likely he was deserted, or worse, by a treacherous guide. There is, however, a tradition that he was killed by the Sioux. In October, 1665, Father AUouez established the Mission of Chegoimegon, or La Pointe, which had been the destination of Mesnard. The mission at the Sault de Ste. Marie was founded by Marquette in 1668. The same year or the next a mission was founded on the Island of Michilimackinac, but removed very soon, and as early as 1669 or 1670, to Pointe St. Ignace on the main land north of the Straits of Mackinaw and west of the Island. This place was occupied for many years. The establishment was after- wards, (but when is not precisely known from published authorities,) transferred to the northern Chap. 11.) MACKINAW MISSION. 13 point of the Lower Peninsula of Michigan, not far , from Cheboygan. In Charlevoix's time (1721) the transfer had been made several years, and the old mission was abandoned and had fallen into decay. In Bellin's map of 1744 it is marked as destroyed. The determination of its precise location has been attended with some difificulty. It derives interest from the fact that the remains of P6re Marquette, some years after his death, were removed by the Indians from the place of his first burial, and interred at the church on Pointe St. Ignace.' ^ The missions at the Sault de Ste. Marie and Michilimackinac are regarded as the first com- pletely ascertained settlements within the present State of Michigan. There is, at least, undeniable evidence when these missions were founded. Both places were important centres of influence. But while they may be assumed as the pioneer settlements, until further facts are established, there are some things which deserve reference as indicating a possibility to the contrary. In 1687, upon a controversy between the Gov- ernor General of Canada (Denonville) and Gov. Dongan of New York, the former and his agents asserted a French occupancy at Mackinaw for more than sixty years, and French occupation on the lower waters of Michigan from twenty-five > Marquette died on his way to Mackinaw, at the Pire Marquette River, where the town of Ludington in now situated, and was buried thfere, until disinterred as above mentioned. 14 COUREURS DE BOIS. [Chap. II. to forty years. Gov. Dongan would not admit this, but was not disposed to admit of any pre- vious actual possession at all. Without some definite evidence, such statements can only be regarded as having more or less probability. At the same time it is to be considered that except from missions and military posts no official reports were likely to be received ; and that the missionary Relations, except where there was some controversy or difficulty, were not required to refer to the settlements for other purposes, and often ignored them entirely. The existence of defensive posts appears very frequently, in such casual references in public documents and letters as are conclusive, when the same places are not mentioned by historians nor always by travellers. The monopoly of the fur trade, and the severe provisions against irregular trading had given occasion for a great amount of contraband enter- prise. The men who engaged in this were an adventurous class of active and bold rovers called by the French coureurs de bois, translated by the English in official papers into " bushlopers," " bush- rangers" and " wood runners." Many of these were of the lower classes and dropped readily into the ways of the Indians, adopting their habits and becoming adherents to the tribes. But there were many also, of respectable connections, who betook themselves to a wandering life of hunting and trading, partly from love of adventure, and Chai'. ll.l COUREURS DE BOIS. 15 partly because they could find no other means of Hvelihood. There is no reason to regard them as a despicable or essentially vicious race. The men who have been driven to the forest by feudal oppressions .and monopolies have usually been possessed of many useful qualities, which a better government could have turned to great advant- age. The outlaws of English and Scottish tradi- tions have generally been popular for good fellow- ship and sympathy with the poor. They are sel- dom marked by cruelty or treachery. The adven- turers from the English colonies and American States, who have sought refuge in the woods and have been the pioneers of discovery in the remote regions, were not compelled to go except by their own tastes, and have generally been quite as honest in their dealings as any of their more favored brethren, and have, as they deserve, a very good reputation for many manly virtues. The coiircurs dc bois were seldom, if ever, found guilty of any treachery to the government, which had no claim upon their respect beyond the fact that they were of French blood ; and this claim they recognized with pride. The atrocious mono- polies and exactions which were ultimately chief incentives to the first French Revolution, led to a recognition by respectable men of the fact that the offenders against such tyrannical regulations were not necessarily malefactors. Accordingly no lines were drawn between those who sought the woods from love of adventure, and those who 16 FAUX-SAULNIERS. [Chat. II. went from necessity, and to save themselves from starving. This was practically admitted by the government itself. In 1713, when the colonial government had begun to realize the value of population, Mons. de Vaudreuil the Governor General wrote very urgently to France to obtain one hundred and fifty faux-saulniers (or contra- band salt makers) who were sent to the galleys for interfering with the salt monopolies of the Farmers General; these would not consent to their going at large in France, but the offenders were not spoken of as in any respect undesirable colonists.' In 1 71 7 eighty of these faux-saulniers were sent to begin the town of New Orleans.' These bushrangers were the pioneers of French enterprise and discovery; and in all the military movements in the remote regions, as well as nearer the sea, they were the chief reliance of the gov- ernment. Their intimacy with the tribes led to a great ascendancy in the Indian councils, and the attachment of the savages for these men who were familiar guests in their wigwams, and often mar- ried into the tribes, led to alliances in war. The British governors and agents attributed the whole military success of the French colonies to the bushrangers. In 1700, Robert Livingston in an official report declares, that "we can never ran- counter the French, unless we have bushlopers as > 2 Charlevoix, 403. " 2 Charlevoix, 434. CHAr. II.] IRREGULAR POSTS ' ' 17 well as they."' And Pownall in his elaborate re- port to the Congress of Albany in 1754, points out very forcibly the advantages of the French military settlements for colonizing purposes on the borders,' The numbers of these bushrangers were great, and they frequently consorted in large companies. There is every reason to believe that they went into the wilderness and formed temporary or permanent trading posts much earlier than the date of any of the recognized establishments. And while the existence of these posts was doubtless known to the governors and colonial authorities, they were unlawful settlements and obtained no place in the annals of. the colony. In all expeditions towards the unsettled regions, these men formed a necessary part. The fur companies from the earliest days to our own time were obliged to employ their services, and their hardy endurance and untiring good nature are familiar to every one whose memory takes in any reminiscences of the northwestern fur trade. The Jesuit missionaries, however, seem to have held them Iii great abhorrence. They were no doubt somewhat indisposed to extreme subservi- ence to the clergy, while the claims of the Jesuits went far beyond what was allowed to be their due by the French government or its local repre-. sentatives. Their roving habits led in many « « 4 N. Y. Doc, 650, a 6 N. V. Doc, 893. 2 18 JliSUlT MISSIONARIES. [Chaf. II. cases to conduct which was very censurable, and interfered with the success of the missions. But it is impossible to believe that these men were as bad as their enemies have painted them ; and in judging them we must not forget that those who opposed them most strenuously were oppo.sed also to the policy of extending French settlements at all. The motives of their opponents have been discussed very sharply by most of the writers who have succeeded them, and the documents in the Marine Department have shown beyond con- troversy that the French gove'*nment found some of its most serious difficulties in dealing with an order whose devotion and courage deserve high eulogiums, but who did not make the interests of France or Canada their primary consideration. But at the same time that as a body the Jesuit missionaries did not desire French settlements in the Northwest, we are indebted to some of them, of whom Marquette is a noble example, for great services in exploring the country, and accurate geographical information. They were second to none in their contributions to geographical knowl- edge in both hemispheres; and as remarkable for courage and perseverance as for scientific research. Whatever may have been the truth in regard to the reasons which led them to act as they did, there is no ground for suspecting them of indi- vidual selfishness. Their zeal for their order was unbounded, but they were devoted and unselfish in obeying it. CiiAr II. EARLV NORTHERN POSTS. 19 We may assume, whatever may have been the previous acquaintance of the French with this region, that the Michigan settlements began with those at Michilimackinac and the Sault de Ste. Marie. The creation of miHtary posts and civil settlements at these places was almost con- temporaneous with the missions, and began the policy which, although opposed and hindered, was at length to prevail. Had this policy of settle- ment begun earlier and continued unopposed, the destiny of Canada might have been changed. CHAPTER III. PRE['ARATIONS FOR WESTERN OCCUPATION. The movements for the settlement of the Northwest began in earnest about the year 1670. Louis XIV. iiad developed into a king of bound- less ambition, and had a natural anxiety to extend his dominions into remote regions. China and the East Indies were at that time looked upon as mines of wealth, open to any European monarch with courage and enterprise enough to reach out for them. The reports w''' .'.. had come in various forms from the Northwest brought rumors of short and easy ways through the American woods and rivers to the South Sea, and it was believed the rich countries of the east were within no very long distance across the continent. Louis and his ministers determined to open and control this passage ; and the extension of Cana- dian settlements was in their view a necessary step to that end. The royal designs had always favored settlements, but it was very difficult to know what course was best, when secret intrigues and conflicting interests kept up a series of con- tradictory representations. The governors, who were generally anxious to extend the colony, were entangled in all man- Cmat. mm ST. LUSSON AT THE SAULT. m ner of snares, and were misrepresented and op- posed by those who would find no profit in the extended jurisdiction of civil government. And the first efforts to extend the royal dominions resulted only in the establishment of a few mili- tary posts. But the explorations had a permanent value. In .'569 or 1670, Talon, then Intendant of New France, sent, or claimed the credit of send- ing out, two parties to discover the South Sea passage. It was supposed for some time that the short route from Lake Superior to Hudson's Bay was all that lay between the colony and the South Sea. This notion prevailed in Champlain's time; and while further experience had created doubts concerning the precise way, it was still thought the upper lake road was likely to be the true one. De St. Lusson was accordingly des- patched in that direction, and Robert Cavelier, Sieur de La Salle, was ordered to the southward. St. Lusson pursued his journey energetically, and on his return in 1671, he held a council of all the northern tribes at the Sault de Ste. Marie,- where they formed an alliance with the P'rench, and acknowledged their supremacy.' From that time forward it would appear that there was a military post kept up beside the mission, and the traders made it a rallying point. > He supposed that he had been within 300 leagues from the Vermilion or South Sea and the Western Sea, where there was but 1500 leagues more of navigation to Tartary, China and Japan. — 9 M Y. Doc, 72. 22 FRENCH AND INDIAN INTERCOURSE. [CHAr. IH. The French in their early dealings with the Indians, and especially with the Iroquois, had done very much like the English, and made no attempt to conciliate them. But they discovered the mistake, and by resorting to friendly methods very soon conciliated most of their savage neighbors. The chiefs and people were treated courteously, and without that haughty arrogance which has too often attended the dealing of the whites with the natives. The French settlers received and dealt with them on relations of equality, and they lived together on the kindest terms. It has been noticed by all who are fam- iliar with frontier life that the social relations of the French and Indians are exceptionally pleasant. The young men were at home among the tribes, and often spent months with them, hunting and roving. The wigwam fare contented them, and they lived as their hosts lived. They were often formally adopted as chiefs, and acted as friends of the tribe whenever it was necessary to inter- vene on their behalf. It was also very common for the kindly French woman to receive the young girls into her house, and teach them household industry. The removal of the Indians from Michigan has broken up these ancient ties, but it was once a pleasant as well as familiar sight to witness the delight with which the old chiefs and their French brothers met, after a long separation, and exchanged their experiences. The alliance formed under the direction of Chap. III.] DOLUER AND GAT.INEF. 211 St, Lusson was the primary means of closing the Northwest against the Enghsh until after the conquest. La Salle, who w^as afterwards to become more famous than St. Lusson, did not at this time com- plete his explorations. There were joined with him in his expedition two seminary priests, DolHer de Casson and (ialinee. Dollier was a man of great personal strength, and an old officer of cavalry under Turenne. (ialinee was especially skilled in surveying, and was to act as geographer. They all kept together until, after waiting in the country of the Senecas for a guide, they changed their plans and went to the head of Lake Ontario, where they met Louis Joliet. He had come down from the upper lakes, and recommended them to take that course instead of going to the Ohio. Dollier and his companion concluded to do this, and La Salle remained behind. They spent the winter at Long Point on the north shore of Lake Erie, and in the spring set out again, but having lost most of their baggage by a storm at Pointe Pelee, they concluded to return to Montreal. They passed up the Detroit River, and near the present city of Detroit found a rude stone idol of repute as a manitou, and worshipped by the Indians. These objects of superstition seem to have been found in several places about the lakes, and received offerings of tobacco and other articles. The nearest one above Detroit was the White Rock in Lake Huron, which Mr. 24 IMAGE- BREAKTNO [Chap. III. Schoolcraft passed on his journey in 1820 with Gen. Cass's expedition towards the source of the Mississippi,' The zealous missionaries relate that after their recent misfortunes there was no one in the party who was not filled with hatred against the false divinity. They broke the idol in pieces with one of their axes, and contrived, by joining two canoes, to take the largest frag- ment into deep water with the remainder, and so disposed of the abomination. This is said by Mr. Parkman to be the first passage through Detroit River of which a record has been preserved, although not the first in fact." The same reliable writer has discovered evidence of the continued labors of La Salle during the next few years, of which no full account has been published, which indicates that he was not without success in his preliminary work. But the Report of Courcelles in 1671 shows an accurate know- ledge of the geography of all the lakes but Lake Michigan, which must have come from earlier explorations, and which was not much improved upon by subsequent travellers. ^ » Mr. Schoolcraft in that expedition remarked that he did not see any oflerings except of articles of no value, and questioned the extent of the reverence paid the images. Joutel in his journey says the Indians feared death unless they made offerings, and Charlevoix speaks of offerings as acts of homage. — Cfiatlevoix, Letter 19, Joutel, (i La Hist. Doc.) 182. Henry gives several illustrations of these superstitions. — Htnry's Ttaveis passim. » Discovery of the Great West, 16, 17. 3 9 N. Y. Doc, 81. Id., p. 21. Chap. IIl.l TRADF. JEAt.OUSlES. M Meanwhile the posts of Michilimackinac and the Sault were becoming more important, as the traders extended their enterprises. About this time several names appear in history which are prominent among the great discoverers and leaders. Most of them were recognized chiefs of the coiireui's de bois. And their place in our early annals is due to a course of affairs which was noteworthy. The fur trade, as already mentioned, was regarded at Quebec and Montreal, as it was in the New York posts, as the chief end and aim of colonial enterprise. Every one, from the Gov- ernor down, was suspected, and perhaps justly, of having a part in it ; and the principal struggle seems to have been between the monopolists and the irregular traders. The church revenues were increased by it, and widows and orphans were allowed privileges which they sold profitably. The result was that the country swarmed with the coureurs de bois, who were the indispensable agents of all parties legally or illegally engaged in the traffic. The missionaries were opposed to them, for the assigned reason that they demoralized the Indians whom they were laboring to convert. For the same reason they opposed the forming ol posts and establishments on the frontier. The monopolists sometimes succeeded in getting such restrictions laid upon the post commanders as pre vented them from dealing on their own accoun with the Indians for certain kinds of furs, and 26 CARIONAN REGIMENT. [Cmaf. III. when the trade was in the hands of the great companies, as it was a large part of the time, they had their own agents at the forts. The result was that a contraband trade grew up, which it was asserted brought the furs into the hands of the English, and built up their com- merce. Their emissaries were also said to be getting into friendly relations with the Western tribes, and drawing them into trade with the Iro- quois and the New York agencies. I'he influences which were brought to bear on the French government were secret but powerful, and the coureurs de bois were outlawed and pro- scribed unless they came in and ceased their wan- derings. The Governor, with a patriotic desire to save the colony from the destruction which this would have inevitably brought upon it, succeeded in so far modifying this policy as to put them under some reasonable regulation, whereby he saved their services to the colony and secured the trade. The frontiers were reached by leaders of reputation, and posts were planted so judiciously as to shut out the English altogether. These men deserve special mention. r When the Marquis de Tracy came out as Vice Roy in 1 665, it was with the expectation of using strong measures to suppress the Iroquois, who were aggressive and were regarded as dangerous neighbors. For this crusade against the Western infidels he brought out the famous Carignan Reg- iment, which had been first organized in Savoy, Chai-. Itl.] COLONIAL NOBLESSE. 27 and was afterwards turned over to the French King. It was a famous body of troops which had won its latest laurels in fighting against the Turks on the Austrian frontier. The officers were all gentlemen belonging to the noblesse, of French or Italian origin, and of tried valor. With this regiment another had been consolidated, known as that of Salieres, and the whole force was there- after known as the Carignan-Salieres Regiment. The colonial levies were also under the command of officers of good birth, most of whom are still represented among the French families of Canada and the Northwest. When the Iroquois war was over, the officers and men of the Carignan Regiment were mostly retained in the country. Many of the former obtained Seigneuries, and attempted to get a sup- port from their new estates. But the early tra- vellers give a sad account of the straits to which these veterans were exposed, in keeping the wolf from the door. They were brave and adventu- rous, and worthy to rank with those early heroes of discovery, Gilbert and Raleigh and Drake, who found in the favor of Queen Elizabeth incen- tives to enterprise which her successors could not appreciate. They were mostly devoted mem- bers of the Gallican Church, but not on as good terms with the Jesuits as with the other orders, who paid less attention to the Indians and more to their own countrymen. The French court and the Governors General appreciated the value 28 HUt)SON'S BAY COMPANY. [Chap. III. of soldiers. The civilians were more attentive to the interests of trade, and looked upon the bold adventurers, who "would rather hear the bird sing than the mouse squeak," as the Sheriff of Nottingham did on Robin Hood. The sagacious ministers had determined to use this valuable material to extend discovery. The expeditions which Talon reports himself to have sent out were probably suggested, at least, from France. It is one of the curious facts con- ' nected with the colonial administration that the public documents are usually made to exhibit the local authorities as originating everything, when the facts brought to light from other sources, in the Marine Department and elsewhere, show that they were compelled to permit what they osten- sibly directed. But, however this may be, it had become necessary to move in the matter, or run the risk of serious difficulty in the future. On the second day of May, 1670, Charles II. issued letters patent incorporating " The Governor and Company of Adventurers of England, trading into Hudson's Hay," granting them the sole trade and commerce of the waters within the entrance of Hudson's Straits, except in the lands not granted to others nor possessed by any other Christian prince or state. The ignorance that pre- vailed on the subject of the boundaries between the two nations in those parts, and the certainty that future boundaries must depend much on actual control or occupancy, made it necessary to move Chaf. III.l CHECKS AND BALANCES. 29 at once, or run a risk of losing command of the Northern trade.' At this time New York was in possession of the Dutch, but a few years after, in 1674, this jilso passed into the hands of the English, who were disposed to make the most of their chances, and anxious to form such trading connections as would have hemmed in Canada, and shut off its whole western and northwestern traffic. In 1672 Colbert advised Talon to offer a re- ward for the discovery of the South Sea. The King and Colbert united at or about the same time in a secret letter to Frontenac, which gives a curious illustration of the diplomacy of the period. Expressing warm commendation of the clergy of both orders for their devotion and ser- vices to religion, and commending them to high consideration, it advises the Governor, without creating any apparent rupture, to restrain the designs of the Jesuit Fathers in Quebec within proper bounds of respect for the temporal author- ity, and to encourage and protect the ecclesiastics of the Seminary of St. Sulpice at Montreal as well as the RecoUet Fathers, in Quebec, — " it being necessary to support the two ecclesiastical bodies, in order to counterbalance the authority ' In May. 1872, my valued friend, Hon. David Mills*, M. P., presented to the Dominion Government an elaborate and thorough report on the boun- daries of the Province and of the Hudson's Bay Company, which is of much historical value, and contains information not, so (ar as 1 know, made public in any other work — See A Repoii on the Boundaries, of the Province of Om- tario. By David Mills, M. P, Toronto, 1873. 30 JOLIET'S EXPEDITION. [Chap. HI. the Jesuit Fathers might assume to the prejudice of His Majesty."' The next effective action may not have originated in Quebec, but Frontenac and Talon, the Intendant, both appear to have favored it. In 1672, Grandfontaine, Governor of Acadia, sent JoUet to the Mascoutin country (Wisconsin) to discover the South Sea and the Mississippi River, which was supposed to discharge itself into the Gulf of California.'' He was joined at Mackinaw by Father Marquette, and on the 17th of May, 1673, they left the Mission of St. Ignace on one of the most successful of the early explora- tions. They went up the Fox River and across the portage, to the Wisconsin, and thus reached the Mississippi on the 17th of June. In another month they reached below the 34th parallel of latitude in the country of the Akansas, and then returned, reaching Green Bay at the end of Sep- tember. Joliet went on to Quebec in the next year, arriving there during the summer. The Governor reports him as having found continuous navigation excepting at Niagara, from Lake Ontario to the Gulf of Mexico, and as having discovered admirable countries.^ Mr. Shea, in his excellent history of the Discovery of the Mississippi River, gives a copy of that portion of Frontenac's Report which refers to this journey in the original French, as it refutes one of Henne- » 9 N. Y. Doc, 88. » Frontenac's Letter to France, See 9 N. V. Doc, 92, 3 9 N. Y. Doc, 121. CifAr. III. I LA SALLE. 31 pin's assertions concerning Joliet's failure to report to the government.' Joliet probably went eastward through the Detroit River and Lake Erie. In 1675, a patent of nobility was granted to Robert Cavelier, .Sieur de la Salle, for meritorious services."" Among the things which His Majesty regards as especially worthy of reward among his Canadian subjects, is "despising the greatest perils, in order to extend to the ends of this New World our name and our dominion." It is to be inferred that La Salle had spent some time, at least, in distant explorations which have not yet been published. Meanwhile there is nothing of record bearing directly on the history of Michigan, beyond the occasional references to the missions and the traders. There is reason to believe that I)u Luth and others had already penetrated far into the Northwest, an^d the reports which credit him with the discovery of the Upper Mississippi are not improbable. Hennepin was rescued by him in July, 1680, in the upper country, and it was probably familiar ground. In 1678, La Salle, having returned to France, obtained Royal letters authorizing him to spend five years in exploring, with liberty to build forts where he should deem it necessary, and hold • Shea's History of Discovery of the Mississippi, p. xxxiii. 3 9 N. Y. Doc, 125. 82 CHEVALIER DE TONTV. [Chap. IH. them with the same privileges as his fort at Frontenac. He was not to trade with the Outawacs (Ottawas) or others who bring their beavers and peltries to Montreal, but was to have the right to trade in buffalo-skins. There is reason to believe that La Salle had with the concurrence of Frontenac and others given a lib- eral construction to his trading privileges at Fort Frontenac, and such seems to have been a com- mon practice. He returned to Canada, having with him an associate who from that time onward was his faithful friend and follower, and who was one of the most efficient men that ever came to Amer- ica. His name appears constantly in the early records of dealings in Michigan. This was Henry-, the Chevalier de Tonty. He was of Italian origin, but his father Lorenzo Tonty had settled in Paris, and was there as early as 1653, as in that year he submitted to the King the financial scheme of life interests and survivorships once quite popular under the name of Tontine. The Chevalier began his military career in the French army as a cadet in 1668, and served several years by land and water, the naval service then not having been separated from the military as completely as it has been since. During the Sici- lian Campaign he lost a hand at Libisso by a grenade, and was taken prisoner, and exchanged six months after. His hand was replaced by one of steel, which gave him the name of Iron-hand, Chah. III.] THE GRIFFIN. 33 among the Indians who had great respect ^or him. He returned again to the wars, but when peace was declared he was thrown out of em- ployment. He was recommended to La Salle by the Princess of Conti, and when that leader came back to Canada Tonty came with him. Henry de Tonty had a younger brother who was for a long time in command at Detroit, and was there when Charlevoix visited the place in 1721. On his return to America La Salle at once began preparations for his work. He met with many embarrassments, but finally, in the winter of 1678-9, began building a vessel of sixty tons burden, a few miles above Niagara Falls. This was com- pleted in the spring or early summer of 1 679. This vessel, which was the first that ever sailed on Lake Erie or the upper lakes, was called the Griffin, and bore a carved image of that heraldic monster as a figure-head, in honor of Frontenac, being part of his coat of arms. And in further evidence of his fealty to his friend and patron, La Salle is reported to have boasted that he would make the Griffin Hy higher than the ravens, the black-gowns or Jesuits having gained that sobri- quet. The little ship was provided with five small cannon and two arqiiebuses a croc, or wall- pieces usually mounted on tripods. The quarter- deck castle was surmounted by a carved eagle. A vessel of that tonnage was narrow quarters for the number of men in the company, and the old engravings (which, though not probably from 8 34 RIBOIRDE. MKMBRP,. HENNF.PIN. [Chap. III. drawings, represented the usual style of that time) show the hij^h stern and after cabin, which were then universal, and may have had something to do with her final wreck. It is worthy of notice that skilled mechanics and artists should be found in such an expedition. The old chapels in the Northwest, where there was no local demand for artists', sometimes show bits of carving which would be creditable anywhere, and indicate great skill in the early workmen. On this eventful voyage, in addition to his sailors and other follow- ers, La Salle was accompanied by three priests. Gabriel de la Ribourde, the last scion of an old family of Burgundian nobles, came out in his old age to preach the gospel in the wilderness, and was head of the mission, although Hennepin con- veys the impression that he himself was in fact, if not in name, both civil and religious director. Father Zenobe Membre was of less note, but evidently a good and faithful man. Hennepin, whose reputation is not savory, was the third. The latter wrote various versions of the history of the expedition, which are in many respects sufficiently reliable, but which are grossly unfair to La Salle and Tonty as well as others, and to which in the later editions are appended narra- tives that are generally discredited. These appen- dages do not concern Michigan, and need not be discussed. He was evidently distrusted by La Salle and Tonty. He accounts for the enmity of the former, by alleging he had rebuked him Chap. III.l THE CRIFFIN SAILS. 36 freely for religious shortcomings. He lays Tonty's dislike to the inveterate hatred of the old soldier against all subjects of the King of Spain ; and his suspicion of the monk's fidelity was extreme, and, as it turned out, not illfounded. The vessel was manned by voyageurs and other men of experience in the country, and the pilot Lucas was an old salt wuter mariner of some pretensions. There is no doubt but that La Salle had taken some pains to supply himself with proper material for his expedition. On the seventh of August. 1679, the Griffin started on her first voyage to the Nordnvest, beginning her course with the singing of the Te Deum, and the firing of cannon. The wind was favorable and she made a quick passage over Lake Erie, anchoring at the mouth of Detroit River or the Strait on the evening of the tenth of August. CHAPTER IV. KARI.V SE'rri.KMKNTS IN MICHICAN". The Griffin was built durinj^ the winter and spring of 1679. In the autumn of 1678 La Salle sent forward some Frenchmen to winter at Detroit, and meet him when he should come up in the next summer. This would indicate a knowledge of the country, and an assurance that there was some place suitable for a winter abode. Allusion has already been made to the fact that the early narratives often make no reference whatever to the existence of posts and Indian villages lying directly in the way of the traveller. Vhv narra- tives of the voyage of the (iriffin tlo not inform us of any sight of human beings between Niagara and Mackinaw. We have no certain iiK.'ans of knowing whether there was ain Indian town, or any post of courcurs dc hols, upon the .Strait at the time. There must have I)een one or the other in all probabilit). lonty was sent up in a canoe in advance of the Clrifrtn, to join the others at "a place called Detroit, 120 leagues from Niagara." This fact aj)pears in Tonty's own narrative or memoir sent to the (government in 1693, where he repeatedly refers to Detroit as a Chap. IV.] THE STRAIT. 37 place that can be identified as at or near where the city of Detroit now stands.' It may have been that the Indian town mentioned by Golden as at " 'J\nichsa (irondic" was still in existence. The t(M-m written by the Enj^lish and Dutch interpreters in a multitude of different ways more or less resembling- it, and by the brench as laochiarontion, Atiochiarontioni^\ 'reiocliarontiono\ Tccliaronkion, etc., was applied properly to an undefined region embracing the Strait," and according to Hennepin, it gave a name to Lake Erie. Several of the old maps give it this title. The name given by the Hurons to the place where the city stands was Karotitacn, a word closeh' resembling if not the same as CaratitoiiaiL the great stronghold where Champlain's follower. Ktienne Brule, spent a winter with a tribe supposeil by Parkman to have been the Eries.' These men were not sent up to explore, and it is difficult to believe they would have been turned out without a leader in an unknown wilderness. On the I ith of August, 1679, the vessel weighed anchor and entered the Strait. The party were gready charmed with all that they saw, and the nar- • I l.a. Documents, 53, 68, 69, 70. » Taochiarontion. 1. a Cote 2 Cliarlevoi.x Mist., 21 1-212. "" ._— •• • - » In 1670 some Irncjiiois re.icheil the Ottaw.i country under the guidance of Frenchmen, on a political mis.sior. — 9 .V. )'. Doc, 84. 40 DU LUTH. [CHAf. IV. moved some distance up the river into the present State of Indiana. Meanwhile this region, from its abvmdance of furs, and from its lying in the path of all who sought to deal in those articles, was assuming considerable importance. The courcurs dc bois had become very numerous, and there was great clamor against them. The English in New York were reaching out as far as they could for the Upper Country trade. The company at Quebec, in order to prevent beaver-smuggling, desired to exclude all but their own servants from the woods. We find constant reference to I)u Luth, De la Foret, Durantaye, De Lusigny, and other con- spicuous characters, as not only active in explor- ing, but engaged in unlawful traffic. These men were all useful in defending the posts and holding the savaijes under control, and without them the close of the seventeenth century would have seen this region in the hands of the English. Uu Luth, with great foresight, built a fort on the Kam- inistique River, on the north shore of Lake Superior, which completely shut off access to the Hudson Bay country from below, according to the routes then known. He was the first also to see the necessity of fortifying on the Strait. In 1679. while La Salle was preparing for his journey, the Intendant Duchesneau made bitter complaints against Frontenac the Governor and Uu Luth, as concerned together. He says that 500 or 600 brave men were in the country own- Chap. IV. J JEALOUSIES. 41 ing Du Luth as commander.' I)e Lusigny, Du Luth's brother-in-law, was also charged as im- plicated. In 1680, it was said that every family had friends among the coiiiriirs dc hois. That year an amnesty was granted. The reason appears in the increasing pretensions and incursions of the Irocpiois, and the need of soldiers for the posts on Lakes Erie and Ontario to re- strain them.^ In 1682, l)e la Barre became Governor, and his policy was bold and active. Du Luth was received more openly into favor, and naturally aroused new enmit) in certain quarters.' He was present at a council in Quebec that year, and may have suggested, what was a familiar idea with La Motte Cadillac, that the Lakes needed armed vessels to guard the way to the west. De la Barre proposed to have a fleet stationed on Lake Erie.* He had a poor idea of the value of La Salle's explorations, and La Salle in turn regarded him and Du Luth and De la Foret as enemies who had interfered with his interests. La .Salle appears to have had some notion that he had pre-empted the country. These trade jealousies were possibly well founded, but they show how demoralizing the whole monop- oly system must have been. Du Luth was so pressed by calumny, that he went to France; and there was able to vindicate himself completeh , so that no more is heard against him. On his return « 9 N. V. Doc, 131, 132, 140. 3 N. V. Doc, 194. - ■J () N. \. Ddc, 147. * 4 9 N. V. Doc, 106. 4!2 THK F.Ndl.lSH AIM AT MACKINAW. [Chap IV. he assumed the defence of Mackinaw, co-operat- ino- with I)e la Durantaye, an old Carij^^nan officer, of great bravery.' but not fortunate in his finances; and these two jj^entlemen appear to have acted together in many enterprises, until the former was recalled by I^Vontenac to the east.' In 1683. I)u Luth is declared to be the only person- who can keep the Indians quiet. But he continued in bad odor with the Company, and in 1684, De la Barre. I)u Luth. I)e la Chesnaye, and Deschaillons de St. Ours, are paraded in a memoir on the sup- pression of beaver smuggling' as prime offenders.'' These incessant attacks upon the best men in the colony, by a set of grasping knaves who would have had no country to prey upon without them, are not edifying. In 1684, De la Barre, in recognition of the importance of the route through Lake Erie and the Strait, sent an army to Mackinaw that way. About this time disputes arose between him and Governor Dongan of New York on the French pretensions to Michigan, and both De la Barre and his successor Denonville had a sharp corres- pondence with 1 )ongan on the subject. It became evident that the latter was stirring up the Iroquois to dispute possession with the French, and plans were made to send up Fnglish traders and agents in the direction of Mackinaw, to deal with the tribes there. ^ In 1686, Denonville directed Du « 9 N. V. Doc. 201-2. » 9 N. V. Doc, 205. 3 y N. V Doc, 297. I l.a llont.ui, 78, 79. lil., 300. Chat. IV.] FORT ST. JOSEPH ON ST. CLAIR RIVER. 48 Luth to fortify the Strait. This was at once done, and the latter established a post ("or castle," as it was termed by the English agents,) at the head of the Strait, at or very near the present Fort Gratiot. He began his work with a garrison of fifty men, well equipped, and all coureurs de boh. This fort was called Fort St. Joseph. In November of that year, in the memoir sent to France by the Governor, he refers to it with great satisfaction as having turned out to be an important defence.' It also appears that Dongan had given reason to believe he would take meas- ures to attack it.' Rigid orders were sent out to shoot any Frenchman found among foreign tra- ders who might be met in the country.^ Governor Dongan reports the fact that the French had built one or two wooden forts on the way to the far Indians, who, he says, were inclined to trade in New York, because the French could not protect them from the Iroquois."* But as the Iroquois represented to the English that they were unable to cope with the French, and as the Mackinaw and other Michigan Indians were not disturbed by the Iroquois, this statement may pass for a pretext. The Governor also informed his superiors that he was about sending a Scotch gentleman called McGregor (McOegory) to open communications with the distant tribes, adding (which was also under the circumstances a very « 9 N. v. Doc, 306. 3 Id., 315. « Id., 309. 4 3 N. V. Doc, 395. 44 CAPTURt OF ENGLISH PARTY, [Chap. IV. curious statement) that McGregory had orders not to meddle with the French, and he hoped they would not meddle with him. This expedition, consisting of sixty English and Dutch traders and a considerable escort of Iro- quois. left for Mackinaw, a part in 1686 and a part very early in 1687. It was divided into two nearly equal companies, a Dutch trader named Roseboom going first, and McCiregory following him with orders to take supreme command. It does not appear very plainly what course Rose- boom took, but he seems to have got into Lake Huron without being seen from Fort St. Joseph. The men who were with him stated he had gone to a distance of a day and a half's journey from the castle, when he was captured by a force of F'^ench and Indians. The capture appears to have been made by a party under De la Duran- taye.' Whether casually or by agreement, there happened at this very juncture a remarkable gathering of distinguished officers. The Chevalier de lonty, in April, 1687, (after returning with orders from the Ciovernor Cjeneral,) had taken measures to gather the Indians in Western Michi- gan and in the Illinois Country, and to declare war against the Iroquois. La Foret had gone on by way of the Lakes from Fort St. Louis with thirty F>enchmen, to wait at Detroit until Tonty arrived over-land; and he reached F'ort St. Joseph at or about the same time when Durantaye came I I I .a Huntaii, 1 1 5. Chai. IV.l McGREOORY TAKEN. 45 in with his captives. Tonty left Sieur de Helle- fontaine to command at the fort on St. Joseph River, and came across Michigan with 1 50 Illinois hidians, arriving at "Fort Detroit" on the 19th of May. He remained at this point, which was the present site of the city of Detroit, and sent up word of his coming to his cousin Du Luth at Fort St. Joseph. In a few days he was joined by Beauvais de Tilly (or more properly Tilly de Heauvais)' and soon after by La Foret, who was followed by Durantaye and Du Luth with dieir prisoners. They joined forces and went down Lake Erie in canoes, and on their way captured McGregory with thirty hLnglishmen and some allied Indians, and some I'Vench antl Indian cap- tives. Ihe depositions of McCiregory's party state that the French party consisted of 1 500. The (Governor's report |)uts them at 400. Tonty does not mention the number. They were going to Niagara, expecting to fight the Irocjuois,^ and the officers who were engaged were the prominent leaders of the Northwest.^ A large amount of booty was captured with the two companies. Tonty whi) was senior in coiumand sent forward La Foret to report to the (iovernor, and he reached Frontenac. where the Governor was in camp, about the end of June. I'he army from below joined the Western forces at a point on the south shore of Lake Ontario, where they . ' I l-a. Doc, 69. __, .^. 3 3 N. V. Doc, 436. --- 2 () [sf. V. Doc, 332. 46 SENECA CAM PAICN. [Chap. IV. • built a fort known as Fort les Sables. Here they shot a Frenchman named Lafontaine Marion, (according to La Hontan, — Abel Marion in the depositions), who was acting as guide to the English company.' La Hontan refers to this with some indignation as an act of cruelty, the trade regulations giving no chance to get a living in the colony, and there being peace with the English.'' After a short but sharp campaign in the Seneca country, the troops returned to the fort, and Tonty and I)u Luth went homeward accompanied by Baron La Hontan, who was sent up to take command at Fort St. Joseph, Du Luth being needed elsewhere. Tonty left the others at this fort, and went on with Father Crevier to Mack- inaw,^ and thence to his own Fort St. Louis. Here Tonty found the brother of La Salle, Cav- elier, with the rest of his company on their way eastward. To him as to others they said La Salle was living ; and Cavelier committed a gross fraud on Tonty, by obtaining a considerable ad- vance on his brother's credit. On the way up from Niagara, and near Buffalo, Tonty and his companions met a brother of Du Luth, Grisolon de la Tourette, who is said by La Hontan to have come down from Mackinaw to join the army, having but one canoe ;* and the Baron speaks of his rashness in running such a risk when the Iroquois were hostile. This gentle- » 3 N. Y. Doc, 430, 436. 3 La Hontan, 126, 134 i La. Doc , 70 a I La Hontan, 117. ♦La Hontan, 128 Chap IV. ] CRISOI.ON OF. I,A 'lOURETTE. 47 man's name is not generally found in tlu; histories, (ircat confusion has arisen from the fact that some times the family name 's useil, and sometimes other titles, and they are occasionally reversed so that the famil\' name is made to represent the estate. Du Luth's family name was (irisolon, and La Hontan speaks of him as a ^j^entleman from Lyons. He was a cousin of Tonty, who as already mentioned was of Italian extractipn. Charlevoix mentions as connected with La Foret and Tonty, and as haviny;^ been lony and honorably employed in the Illinois country, and as having great influ- ence over the Intlians, the Sieur Dclictto, who is said to have been a cousin of Tonty." This men- tion is late in the seventeenth century, and was near its close. The similarity of name to Du Luth and the same relationship to Tonty, give rise to a query whether there may not have been some confusion between the (jrisolons, and whether this name may not belong to one of them. The only other reference in Charlevoix to any Delietto is found in the statement of the valuable services rendered by a post commander of that name sev- eral years after, in obtaining from the Head Chief ot the Natchez the surrender of a brother who had been very troublesome to the LVench." This officer died in 1722, a long time after Daniel (jrisolon du Luth, whose death occurred in 1 709.* > 2 Charlevoix M., 265. 2 2 C harlevoix II., 460. 3 Parkman's Discovery of tlie (ircat West, 254, note. A name wiiicii l)clonjj;.s to one ol tiiese persons is given variously as Ueliatto, Desliettcn and Deiieite. Tlie name DcSictte in the Wisconsin collection is evidently a misprint of Del.iette.— 3 Wis. His. Soc'y Col , 148. 48 TKRRITORIAl, DISPUTES fCHAP. IV. It is much to be rej^^retted that any of those brave men should drop out of history. Their services \;ere briUiant. and their personal merits were such as in most countries would have marked them amonir the paladins. This assertion of dominion over the Strait by the French had important results. An acrimoni- ous correspondence followed between the Canadian and New York Governors," and (jovernor Don^^an and the Irocjuois had various discussions as to which of them should puW the chestnuts out of the fire, each being anxious that the other should dis- lodge the French. The Iroquois urged strenuously that the Governor should remove the French from Niagara, Cataraqui, and lyschsarondia, " which is the place where wee goe a bever huntinge, for if those forts continue in I^rench hands wee are always besieged."'' The French (lovernor refused to release McCiregory and his associates until finally ordered to do so by the home authorities, in October, 1687. It became evident that sooner or later there would be a struggle for the country, unless precluded by secure possession. Up to this time no fort or post in Michigan had any French farming population about it. Mackinaw was the great centre, but here the coiirenrs dc bois. who frecpiented and garrisoned the post, had their own stronghold and stores on I 3 N. V. Doc. 436, 532, 536, 905, (,oO. 2 3 N. V. Uoc, 536 Chap. IV.) TORT ST. lOSK.I'H UURNKD. 49 the Island, which was uncultivated.' After that post was tbundeil, the Hurons and Ottawas settled nt:ar it, and contrary to the moilern theories of our Indian hatini^ statesmen, the civilized men de- pentled tor their supplies on the barbarians. The Ottawas both at Mackinaw and Detroit, as late as Pontiac's time, paid some attention to aj^riculture. The llurons raised much more than they needed for themselves, and supplied their neij^dibors ; and Charlevoix L,nves them credit not onl)- for bein^' diligent farmers, but for the civilized cpiality of knowing;" how to sj^et a fair price for their surplus stores.- Baron La Hontan was obliged to go to Mackinaw in the spring of 1688, to purchase provisions for his fort from the Intlians there.' It was soon discovered that I'ort .St. Joseph might be dispensed with, and it was burned by l,a Hontan in i688.'* The Fort at I )etroit. which was afterwards |nit on the footing of a settle- mcmt, continued as a military post until 1701. References are made to the polic\' of continuing it in 1689 and 1691 : and in 1700 M. de Longueuil was in command, and held an important council with the Indians.' It was probabh' nothing more than a block-house, and may have been at times unoccupied. ' I,a Ffontan, 14^-5- < 'harlevoix, Letter 19. = Letter 17. 4 La Hontan, 171. 3 Lii Hontan, 1^9. 5 9 N. V, Doc, 3i)(), S'l, 647, 704, 713. 50 LA MOTTE CADILLAC. [Chap. IV. In 1692 La Motte Cadillac, who had become a man of note among the colonists, and who had devised intelligent plans for commanding the country by fleets as well as forts, was sent to France to give his views to the King and his ministers.' On his return he assumed an import- ant place in the management of western affairs. In his memoir on Iroquois affairs, in 1694," he vindicated the amrenrs dc bois, and was severe on their maligners, whom he charged with giving false statements of fact concerning Mackinaw and other matters. He was very influential among the Indians, and in 1 695 especial mention is made of his good qualities, and of his shrewdness in Indian affairs. Frontenac, who at this period was Governor, and who had returned in that capacity in 1689, ^^'^^ i'"* sympathy with him. But at this time the war against the traders was very warmly pushed by the missionaries, and they procured an order from France to have the military post of Mackinaw and all others but Fort St. Louis abandoned. Frontenac, however, prevented this, but the trade in furs was more rigidly confined to licensed traders, and the Canada Company. Twenty-five licenses were granted yearly, mostly to widows and orphans of deserving persons, who sold thtm to traders.^ These allowed goods of a certain amount and value to be carried into the Indian country, and « 9 N. Y. Doc, 530, 543, 546, 549, 3 Charlevoix, Letter 4. -" Itl-. 577- CiiAF. IV. J PLANS FOR HOLDING DETROIT. 51 bartered or sold to the Indians ; and the profits were very great. Special permissions were given to post commanders and others, and the licenses were extended liberally so as to give the owner opportunities for extensive traffic. The war with England (declared in the spring of 1689, and not ended until the Treaty of Ryswick, in 1697,) suspended the operations of the English in the Northwest, and confined the more severe hostilities to the regions further east. As soon, however, as the peace was declared, under the pretext that the Western Lake Coun- try was not really French territory, the New York authorities began to lay plans for getting into possession. In 1699, Robert Livingston laid before Lord Bellomont a project for taking pos- session of Detroit. He proposed sending 200 Christians, and 300 or 400 Indians of the Five Nations, "to make a fort at a place^ called Wawijachtcnok [ Wawcatanong\ the name of Detroit in the Chippewa tongue,] where a party of Christians are to be left, being a place plenty of provisions, many wild beasts using there," etc. He remarks on the disposition of the French to claim everything.' In the same year La Motte Cadillac first proposed to the French Government to make a setdement for habitation at the same place." He did not immediately succeed. » 4 N. V. Doc, 501. » Conversation with Count I'ontciiartrain. — S/ieUon, 143. 02 DETROIT TU lit SKCUKEl). [CiiAr. IV. In 1700 Livingston renewed his project more earnestly. He declares that we " can never ran- counter the French unless we have biishlopers as well as they." He then points out the course to he pursued. " To build a fort at W'awyachtenok, cal'd by the French De Troett. the most pleasant and plentiful inland place in America b)- all rela- tion, where there is arable land for thousands of people, the only place of be\er hunting- for which our hidians have fou^rht so lonir and at last forctxl the nations to My. Here )()u have millions of elks, bevers, swans, L^eese. and all sorts of fowl. The fort to be between Sweege Lake; and ( )tta- wawa' Lake, which place lyeth by computation southwest from .\lban\- seven hundred and forty- four miles, viz : From .Albany to Terindecjuat at the Lake of Cadaracpii four hundred miles, from thence to Onyagara where the great fall is eighty miles, from thence to the beginning of -Sweege Lake fort)- miles, and from the Swcege Lake to the j)lace called Swec^ge, i)eing a creek which comes into .Sweege Lake, si.\t\-four miles, and from thence to \\'aw\achtenok one hundred and sixty miles," etc" La Motte Cadillac, fmding his scheine likely to fail, went to France and laid his i)lans b(>fore Count Pontchartrain. His conversation was re- duced to writing, and copied, with other documents, for General Cass, from the French archives. 'Hn; « Huron. - ii 4 N. V. Doc, 650. — CiiM-. IV.] CADIM-AC'S PI.ANS. 53 iiiterestiriLT work of Mrs. Sheldon on the Karlv History of Michig-an copies it at length.' His object was, in the first place to make it a permanent post, not subject to frequent changes; — (the official documents show that previous posts on tlie Strait had been subject to these mutations.) To secure permanence it was necessary to have numerous I'Venchmen, both traders and soldiers, and to induce the friendly Indians to gather arountl it. and so become able to meet the Iro- (|U()is with less difficulty. Me pointed out the fact that as this was the only way to the fur country, it would interccqjt the Kngllsh trade, and by pla- cing the post at Detroit it would open a trade fiirther to the southwest than could be reached from above. 'The Minister at the close informed him that he shoukl have 200 men of different trades, and six companies ot soldiers. The common accounts sa) that with his commission as commandant, which he rc'cciveti directly from tlu; Crown, and not from the ( io\ crnor, he obtained a grant of fifteen acres scjuarc, at whatever point the new fort should be located. This grant has not yet been printed. It is certain that he had a much larger grant at some time, but tliis may have been the first. La Motte Cadillac reachetl Quebec, on his re- turn from I'Vance, on the I'. Ss. 04 FORT PONTCHARTRAIN [CuAf. IV. soldiers and 50 artisans and tradesmen, the younger Tonty accompanying him as captain, and Dugue and Chacornacle as lieutenants. . A Jesuit missi- onary to the Indians and a Recollet chaplain for the French were also in the company. They reached Detroit on the 24th of July, 1701. The fort which was then commenced was called Fort Pontchartrain, after the friendly minister who had favored it, and bore that name until changed after the British conquest. This was the beginning of the setdement of Michigan, for purposes of habitation and civil institutions. CHAPTER V. DETROIT UNDER LA MOTTE CADILLAC. About the time of La Motte Cadillac's return, and when CaUieres, the Governor General, was expecting to carry out his instructions concerning the founding of Detroit, he held a council at Montreal with a deputation of Iroquois for the peaceful settlement of some complaints, and they departed in good humor. But in June, the Chief Sachem of the Onondagas, Tcj^anissorrns, returned with other chiefs, and complained that it was unfair to build a fort at Tuighsaglirondy before he acquainted them therewith." It appea ed from the Chiefs statements, that the English had been negotiating with the Iroquois for the purpose of building a fort in the same place, but the Chief claimed the Indians had objected and refused consent. The Governor had in some way been informed of the designs of the English, which were set forth in Livingston's manifesto, and it may have hastened the French action. La Motte Cadillac had seen the necessity of promptness. Callieres answered by com- « 4 N. V. Doc, 891. t)6 lUOQlOIS I I-.SSION. ICiiAi'. V. inendinn' their refusal to the Ent^Hsh to allow them to usurp a country which was not theirs, hut said he was master of his own country, althou<(h he only desired to use his rio;hts for the; benefit of his children ; and while ill-disposed persons mij^ht object, tin; Indians would one day thank him for what he hatl tlont;. Tt^ijj-anissorens made no tlirect reply to this, but said the l^noHsh would find it out. and he hoi)ed, in cast; of war between I'Vench and l{noiish, their tribes miL^ht not be embroiled. Callieres replied that he did not expect the bJiL,dish ♦^^o do an^thiny" but oppose it, and all he asked of the tribes was neutralit). This the Chief as^reed to.' In July, and before La Motte Cadillac's arrixal, the iro([uois held a conference with the; New ^ Ork authorities, in wliich they said tht.')- would be ^lad to removt: the end of the chain of fricMidship to Tiochsaj^hrondie or W'awyachtenok, if in thcMr power, but the brench would mock at it, for these had taken it in |)ossession ai^ainst their wills ; and that the\' had no power to resist such a Christian (;nemy.' On the 19th of July, 1701, the: Inxpiois con- veyed to Kino- William 111. all their claims to lands in the west, aiul described the country ^ranted as covering •• that vast tract of land or colon)- called Canai^ariarchio, be^innino- on the northwest side of Cadarachc|ui l.akt;,^ anil inchules all that \'ast tract ' 1 I luirlevoix, .'"o. 3 ()iit:iriii. ■ 4 N. V. Doc, 905-6. Chap. V.] IROQCOIS CLAIMS. 57 of land lying between the great Lake of Ottawawa' and the lake called by the natives Sahiqiiage, ant! by the Christians the Lake of Sweege, and runns till it butts upon the Twichtwichs. and is bounded on the westward b\- the Twichtwichs by a place calletl Ouadog(;, containing in length about Soo miles and in brt^adth 400 miles, including the country where beavers and all sorts of wikl game keeps, and the place called 'Ijeughsaghrondie alias Fort I)e Tret or W'awyachtenock, and so runns round the Lake of Sweege till \ou come to a place called Oniadarundacjuat," etc' Reference is made to "a place called Tjcuch- saghronde, the principall pass that commands saitl land." And this word is also used as one of the boundaries in another description of the country. These names of the three great lakes are not oft(Mi found on maps, but in tlu; iro(|uois nc^goii- ations no others are ustxi. Some b'rench maps call Lake l^rie (h-iiWi^'v, and it is called Ochswego in the New York documents.^ The Irocpiois claimed seriously the right to ri)per Canada, l)ut do not seem to ha\e had tcr- ritorial claims in Michigan. The complaint in McCiregory's case was that they antl the Knglish had a right to trade with the Indians inhabiting this region — chiefly Hurons and Ottawas, — not that the country belonged to the Irocjuois. Their objection to the forts on Lake Ontario, Niagara ' Huron. — - 3 5 N. \ . Due, ^11)4. •i 4 N. \'. Doc, <)oS and set). 58 WATER HIGHWAYS. [Chap. V. and Detroit, was that these commanded their beaver country, by covering^ the passes by which alone it was reached. It is within the recollection of many persons now living, that no carrying of goods to any large amount was possible except by water. The furs were all taken back and forth in canoes, undl in very recent times bateaux and Mackinaw boats were substituted. The journey to Montreal and Quebec from Michigan was commonly made through Lake Huron, Georgian Baj and the Ottawa River, or occasionally through other streams leading to Lake Ontario from the north. The way through Lake Erie and round Niagara Falls was the most direct way to New York, and was the only convenient path for the Iroquois ; and the Strait was the key to the whole, as at Detroit it was but about half a mile wide, with a view of some two miles above, and the same distance below, entirely unobstructed by islands or marshes. In a memoir concerning the Indians made in I 718, and found in the Department of the Marine, is a full description of the Strait and its islands. It is there stated that it was a long time doubtful whether Detroit should not be founded at Grosse He." The cause of the hesitation was the appre- hension that the timber might some day fail. During the present century that island has been remarkable for the extent and beauty of its forest timber, but most of it was second growth, and ■ 9 N. V. Doc, 8iJ6. Chap. V.] CADILLAC BtJTLDS HIS FORT. 59 probably in the beginning of the last century the land may not have been densely wooded. The same memoir speaks with surprise of the multitude and size of the apples. These were probably crab-apples which were abundant, and existed in different varieties. The translator must have been in error in making them as large as pippins. The term used in the original would seem to be pommcs d'api, or lady-apples, which do not always exceed in size large crab-apples. Bois-blanc Island, near the Canadian shore at Maiden, was in after times regarded as a more important point, as it commanded the deepest channel and an unobstructed view of all the lake entrance south and eastward, whereas near Grosse He the channel is broken by small islands. The Island of Bois-blanc, formerly beautifully wooded, was completely denuded of trees for purposes of military observation, during the so-called Patriot War of 1838, Immediately on his arrival La Motte Cadillac enclosed his proposed fort by a stockade of a few acres, probably not over three or four, and perhaps less. It stood on what was formerly called the first terrace, being on the ground lying between Larned street and the river, and between Griswold and Wayne streets. The ground was higher further back from the water, and the bank westward was also higher. But the point selected was opposite the narrowest part of the river or strait, and high enough to command everything (W> 'Jlti; oil) lOWN ol' DKIkOir. ll'iiAr. \. within raiis^c. The fort proper, without the Ijas- tions, was one arpent s(|uar(;, antl stood at the- ed_Li'e ot the slope. If, as is pr()bahh'. the phm of the settlement within the stockade was the same as suhse(|uentl)', tliere is httle ilifficulty in fincHnn- out its general app(;arance. There was a road running about the enclosure within the cU;fences called the Clicniin (hi l\o)uii\ which appears from descriptions in conveyances to have; hecm twc^lve k.'ct witle. The oth.er streets could not have been wider, and some, me-ntioned as little streets, were probably ver\' narrow. in 1 77S, there were one twenty foot street and six fifteen foot strc;ets ; but these were laid out later. I'he older streets in Ouebec ma\- have resembled them. The lots ilitl not exceed twenty-five feel by thirty or forty, and were often smaller. M. De Hellestre, the last Commantler under the b'rench, purchased two lots toirether, not very lonjr before the surrender, which were ap|)arently very eliuible property, the combinetl si/e of which was thirt)' feet b) fifty-four, and this j^roperty extended from strc^et to street. ( )n the river side; of the; fort, the ground de- scended ipiite sharpl)-, leaving- a small space of level jrround near the water about forty feet wide, which was in process of time divided into lots. The domain outside of the fort, b(;ing- somewhat more than half a mile in width, was used parth' I)\ La Motte ("adillac for his own purposes, and jjartly rented in parcels of a foin'th of an arpent in width by five arpents in depth. A part was Cmp, V.l AMISSIONS OF K.ARI.V WKITFRS 61 at one time occupied by an Indian" villa.^^f. Alu r the domain was revested in die Crown, it was used for a common, and otlier purposes of con- venience. Hut for a few years after the settle- ment, the cultivatetl ^-rounds of the l-'rench were all within the domain, and within a hunch-eil rods of the fort. The writers who describe this region in earU' times were ver\- deficient in that habit of minute description which is so \ahial)le afterwards in formint;' an • idc.-a of the domestic wa\s of the people. There is nothiui;^ to intlicate whether therc^ were cattle or draft animals of an\ kind. .As all the expeditions from the- east were by water, neither hors(;s nor cattk; could ha\-e bi-en brought from that cpiarter, as after the loss ol the Ciriffin tlu;re were no laroe boats used tor a lon^ time. There is. however, in a s|)iteful report ol M. Ais^remont. made in 1 7o. VI. abundantly with provisions, and had two cannon. After four days the besieged surrendered, and all but the women and children were slain. The loss of the French and allies was sixty Indians killed and wounded, and six or seven French wounded. The enemy lost a thousand. The results were very beneficial to Detroit. The Commander received great credit, as did also Vincennes, who thereby escaped from the consequences of some previous disobedience of orders. De la Foret arrived soon after the siege, and remained till 171 7, when he was succeeded by the younger Tonty, who was also an able officer but avaricious and unscrupulous in trade matters, having been implicated in the frauds of 1 703 and 1704, and brought into disgrace with the King.' De la Foret, in 1714, wrote a memorial upon the subject of maintaining the fort, in which he urged its importance as necessary for the defence of the country and the supply of provisions. He nevertheless desired to have the settlement stopped, and the whole converted into a military trading post, giving the commander an exclusive monopoly, and stopping the sale of trading licen- ses to the settlers, as originated by La Motte, which he there asserts is in conflict with the commandant's rights. In this view he insists the settlers must leave the fort, and represents that t 9N. Y. Doc, 808. , Cha?. VI.] CONDITION OF DETROIT. 85 they cannot improve their lands by reason of exposure to the savages.' He, however, submits this to His Majesty's pleasure. In any event he desires to maintain a small garrison of troops. In 1 71 6, Vaudreuil made an effort to restore the brandy trade among the Indians, applying to the Regent Duke of Orleans, and representing that it could be done in such a way as to prevent excesses. In the same letter he urges a renewal of the sale of licenses for roving traders among the Indians, which had been so troublesome before." Whether from respect to La Motte's rights, or for some other cause, no change seems to have been made in the management of affairs at Detroit. While there are no records of land sales, it is apparent the inhabitants were increas- ing ; and they probably held by some tenancy less than freehold, or were allowed to possess vacant lands by the Commandant. The memoir of 1718 on Indian affairs contains a very complete and graphic description of the whole Lake Region, and devotes considerable space to the Indian villages about the fort at Detroit, and their customs and industries. The Fotawatamies, Hurons and Ottawas are represented as raising abundant crops of corn, beans, peas, .squashes and melons, and some wheat. The Hurons are remarked as more sedate than the rest, and as the bravest and most intelligent of « 9 N. V. Doc, 868. \ » 9 N. V. Doc, 870. 86 CHARLEVOIX AT DETROIT. L^hap. VI. all the nations. The timber trees and natural fruits and nuts of the Detroit region are spoken of in glowino- terms. No reference is made to the French. During this period the post at Mackinaw assumed great importance, but it had no settled population except in connection with the fur trade. In 1721. Charlevoix visited Detroit, and re- mained several days. He speaks in high terms of Tonty, who was then in command, and of the character of the land and its products. During his visit a council was held with the Indians to suppress the liquor traffic, and to prepare to fight the Outagamies, who had not lost their old hostility. He refers to the attempts which had been made to depreciate the importance of the post, and shows the falsehood of the statements concerning the lands. Incidentally it would appear that there was considerable cultivated land, as he speaks of the same land bearing wheat for many years without manuring, as evidence of the fertility of the soil, and the wheat culture was mostly in the hands of the PVench. He refers to the Hurons as raising provisions for sale in large quantities, and as sharp traders. It appears from Dubuisson's report of the siege, that there were catde enough to be of im- portance to the settlement, in 171 2. In 1720, the English proposed to send horses to Niagara for transportation, and to make a Cmap. VI.] LAND CONCESSIONS. 87 settlement there.' Pack-horses are not often re- ferred to by travellers as early as this, and there is little information about them. In 1719, there were in all Canada 4,024 horses and 18,241 horned cattle. In 1720, there were 5,270 horses, and 24,866 horned cattle. Mrs. Grant, of Laggan, says that in 1761 there were no horses and only one cow at Oswego." In 1722, the rights of La Motte Cadillac hav- ing been adjusted, the traffic was ordered to be granted to the Commandant during his tenure of command and no longer, and he was to claim no title to the land at the post, and grant no con- cessions.3 The Governor and Intendant were to grant these concessions in the name of His Majesty, with no trade privileges beyond the dis- posal of farm products. The grants were not to exceed four arpents wide by forty deep, and to be made in consecutive order. The Commandant was required to obtain building concessions as well as other persons, and to get no other trade rights beyond his continuance in command. But he was to have the use without title of ground for garden and stables. No attention was paid to this decree by Vaudreuil, or his successor, the first Longueuil. And in 1726, Tonty made an exclusive grant of the right of traffic to four associates. La Marque, ' 9 N. V. Doc, 1037. ' -•'• ■ 3 Memoirs of an American Lady. 3 Royal decree. 3 Wis. H. Doc, 167, 168. . . d8 BEAUHARNOIS AWD HOCQUART. [Chaf. VI. Chi^ry, Nolan and Gatineau, who at once enforced their claims without mercy. The inhabitants sent a vigorous remonstrance against it. to the Intend- ant, signed by the ancestors of several of the present French families of Detroit, Chesne, Campau, De Marsac, Bineau, Reaume, Picard, Roubidou, La Devoute and De Gaudefroy, and with the marks of others. The company wrote to the Intendant, urging that the people ought to devote their time to farming and not to trading; but as the Governor and Intendant had granted no lands, this was not ingenious. Tonty wrote a very insolent letter calling them gens sans aveu, or vagrants, and making some excuses which were evasive and sophistical, but mainly resting on his rights to do as he pleased.' What action was taken does not appear; but in that same year the Marquis of Beauharnois became Governor, and in 1728 Hocquart was n'iade Intendant, and a new era soon • opened on the colony. They were sensible and patriotic, and understood the value of people, while they were not tainted with the fraud and greed of some of their predecessors. Tonty was relieved, and command given Boishebert, who seerns, while at Detroit and after he left, to have been a true friend to the inhabitants. In 1728, at some unknown prompting, the King suggested farming out the post at Detroit, but the views of Beau- harnois prevailed and it was not done." > 3 Wis. His. Uoc, 169 to 178. 19 N. Y. Doc., 1004. Chaf. VI.] VIEWS OP BEAUHARNOIS 89 It is not entirely certain whether the earliest grant of lands by Beauharnois and Hocquart was in 1730 or 1734. In 1732, Beauharnois, who had failed in his efforts to have two vessels placed on Lake Erie,' wrote thus concerning Detroit, to Count Maurepas : " Sieur de Boishebert's occupations regarding the proceedings of the Hurons and Iroquois against the Foxes, will not have permitted him, I believe, sending you the draughts he was to make of Lakes Ste. Claire and Huron. I have not failed to recommend to that officer, as I had done to his predecessors, to give all their attention to the establishment of Detroit, and to the general welfare of that post. But although they do not appear to me to be wanting in attention in these two particulars, it is impossible for that establish- ment to become considerable, so long as a suffi- cient number of troo»^s are not sent thither, to whom lands would be granted for the purpose of improvement, by which course farmers would eventually be introduced. If, on the other hand, it be His Majesty's intention to send thither a hundred faussonniers' with their families, to whom some advances would be made in the first in- stance, this post would become considerable in a short time, and by its strength keep all the na- tions of the Upper Country in check. But as these projects can not be executed until approved by His Majesty, 1 shall continue . to recommend I 9 N. V. Doc, 1014. a Faux-saulniers, or salt-smugglers. 90 CAMPAU'S MILL. [Chap. VI. the officers in command of that post to induce as much as possible the settlers to cultivate the soil, and to maintain good order there. This, my Lord, is all that their diligence can accomplish."' This would indicate that no new grants had then been made. And in October, 1734, he wrote that there were but 750 soldiers in the entire colony.'' While Boishebert was in command, he author- ized a water mill to be built by Charles Campau, on a stream which has now disappeared, but which was known in 1742 as Campau's Mill River, in later days as Cabacier's Creek, and lastly as May's Creek, from the adjoining residence of Judge May, The mill stood nearly where the Michigan Central Railroad crosses Fort street, in the city of Detroit, and the stream was in the basin now occupied by the railroad. In 1753. Cabacier complained that his land was overflowed, but it was made to appear that the mill antedated his concession nearly twenty years, and the Governor General confirmed Campau's rights.^ It is mentioned in the petition of the inhabitants as the only mill convenient to the fort, and as running most of the year. From this it would seem that the moulin banal had ceased to exist, or was distant from the settlement at the fort.* in 1 734, concessions were made to several '' « 9 N. V. Doc, 1036. .1 I Am. St. P., 253, a 9 N. Y. Doc, 1040. 4 I Am. St. P., 251. Chap. VI. J TENURES IN ROTURE. 91 inhabitants, of tracts of various widths from two to four arpents, and forty arpents deep. These were made by the Governor and Intendant, under the decree of 1722 before referred to. Similar grants were made at intervals until after 1750. These concessions were upon conditions, (i) of suit to the moulin banal when established, (2) settlement and habitation (jj/ tenir feu et lieu) within a year ; (3) keeping up fences, and cultiva- tion, and allowance of roads ; (4) annual dues of 1 sol per arpent front, and 20 sols for each 20 arpents of surface, and one bushel' of wheat for the four arpents front. These dues were payable at Martinmas, (iith November,) the money dues being receivable in peltries till currency should be established. (5) Customary lads et rentes accord- ing to the eontunie de Paris, and other feudal rights ; (6) rights reserved in mines, minerals, and timber for public purposes ; (7) procuring immediate survey, and Royal patent within two years. All these on pain of forfeiture." - It appears that at this time Hugues Pean was in command, and active in procuring these pri- ' Alth(.,:gh the word minot used in these conveyances is said by Dr. O'CiiUaghan to be a larger measure, yet, like other standards ot measure and value, it was not Uniterm. At Detroit, among the French inhabitants, the word minol always meant a bushel, and the word ptnte a quart, and thopine a pint. The writers have used these words in many ways. Mr. Weld says the minot was to the Winchester bushel as roo to 108.765. — WeWs IVavels, 216. '■' All these grants were afterwards classed as " 7'etres en Hoture,'' Kerriere says these were not feudal tenures, and were subject to only two prmcipal burdens, viz : the annual cens or dues, and the loJs et ventes or tines of alienation due to the seignnn censier by the purchaser on sale or exchange. — Feniere''! Law Dif., " Koture.'" LAND GRANTS. [Cha». Vt. vileges. This officer was a man of distinction and hereditary Town Major of Quebec. His re- lations with a subsequent Intendant, Bigot, were peculiar and disgraceful. Both of them on their return to France, after the surrender of 1760, were tried and convicted of official misdemeanors, but whether any of them related to conduct here is not known. Pean was fined six hundred thousand livres, or $125,000.' Bigot was merely banished from the court to his estates. From this time on for several years the annals are silent, and the people may therefore be pre- sumed to have prospered. Only six of these concessions were ever sent to Paris for confirmation; and this fact left the titles at Detroit clear of some difficulties when the United States began to deal with them. Anticipating somewhat the course of events, the only other land grants made by the French in Michigan were confined to the seigneurie granted to the Chevalier de Repentigny at the Sault de Ste. Marie, in 1750 and 1751, of six leagues square. He took possession and began the settlement to the satisfaction of the French Government, who had found it necessary to check the advances of the English among the northern tribes. When Carver passed through, in 1767, he found the possession kept up by a person who had been in Repentigny's employ, • 10 N. V. Doc, 1 136. Cmap. VI.] REPENTIGNY. 93 and left in charge, but who then claimed to own it himself. Repentigny was a very distinguished officer and reached high rank in the French army, having been made Marquis and General. This claim was presented to the United States authorities in 1825, but not allowed by the com- missioners, as the act of Congress was not broad enough to cover i< It was afterwards brought before the Supreme Court of the United States,' where it was decided that the action of Congress previously had cut it off. The judgment was one which took rather narrower views of these con- cessions than seem to have been taken by the French or British authorities, and held that the act of Congress under which the claim was pre- sented for adjudication was not intended to waive any question in the United States Courts, if the claim was technically cut off when the United States acquired the country. The successive Commandants at Detroit appear to have had no serious difficulties with the inhab- itants, and the people apparently continued in the privileges of which Tonty had sought to deprive them. Licenses seem to have been sold to such as desired them. Among the officers commanding at various times, besides those already mentioned, were Pajot, Deschaillons de St. Ours (a very dis- tinguished officer), Desnoyelles, Noyan, Sabrevois, Celoron, Longueuil, De Muy, and Bellestre. : « 5 Wal., 211. 94 INDIAN SETTLEMENTS. [Chap VI. Between 1734 and 1739, it is supposed that M. de Sabrevois was in command, as in his time the conditions of land grants within the fort seem to have been fixed as they were afterwards maintained.' In 1 741, Beauharnois held councils with the Indians belonging in the region of Mackinaw and the shore of Lake Michigan, and under his auspices they made a number of settlements, extending from the St. Joseph's River, at various points, including Muskegon, to L'Arbre Croche.- The latter became an important settlement, and was the seat of a considerable industry, the Indians maintaining a very good reputation, and being cared for by devoted missionaries. Within the last thirty years the L'Arbre Croche sugar was always reckoned clean and reliable, and brought the best price of any Indian sugar in the Detroit market ; unless in some few instances where it was made equally well elsewhere by known families. During the remainder of the official term of Count Maurepas as Minister of the Marine, the most liberal policy prevailed, as Beauharnois, La Jonquiere, and De la Galissonniere were all dis- posed to serve the true interests of the colony. All of the Phelyppeaux were men of unsullied honor and integrity, and of much personal independence. They seem to have inspired much personal attach- » I Am. St. Pap., 259. » 9 N. Y. Doc. 1072. Chap VI. ] LOST ISLANDS. 95 ment amon^^ the western leaders. La Motte Cadillac named his Detroit post after Jerome Phelyppeaux, Count Pontchartrain. and Fort Rosa- He after his lady. I.akes Pontchartrain and Maurepas in Louisiana were named after the fath- er and son. Their names were not so fortunate in Michigan. Besides the fort at Detroit, three islands in Lake .Superior were called after the fam- ily, lies Phelyppeau.x or Minonj^. Maurepas and Pontchartrain. A fourth was named after the In- tendant Hocquart. He Phelyppeaux was laid down as an island larger than lie Royale. lying between that and Keweenaw Point, and declared by Carver like the latter island, to have been large enough for a province. By the Treaty of i j^t, between the United States and (ireat Britain, lie Phelyppeaux . was one of the boundary marks, the line running just north of it. The other three islands were laid down towards the eastward and northeastward. The Indians had a superstitious fear of approaching these islands, which were supposed to be tenanted by the Great Manitou Michabou, and guarded by mysterious and terrible spirits and serpents. Of all those named, He Royale is the only one now known to exist, unless Maurepas has been confounded with Michipicoten, which is not in exactly the same region, but is not very far off, and is identified with it by Alexander Henry. It is hardly suppcsable, although that is a volcanic country, that any such islands can have disappeared in modern times, but it is not 96 LAW OFFICERS. [Chap. VI. easy to account for the location and naming of imaginary islands, where, from the foundation of Du Lulh's fort on the Kaministiquia River, (now Fort William) the French had been constant travellers. In these instances the statesmen whose names were "writ in water" have been no more fortunate in their monuments than others in like plight. But they were fortunate in having more than one remembrancer. In Mr. Schoolcraft's Journal of Gen, Cass's first expedition to the sources of the Mississippi in 1820, he mentions these islands, and refers to some of the Indian superstitions concerning them. As He Phelyppeaux came within the legal limits of the State of Michigan, it must, with Toledo, be now reckoned among her lost empires. Its other name, Minong, has been attached to He Royale, where, perhaps, it always belonged. We find now, in the incidental references of our public records, evidences that Detroit had become subject to the ordinary incidents of civil settlements. There was probably from the begin- ning of the policy of land grants, a Deputy Intendant, and the same or some other person acted as notary. The elder Robert Navarre came r.o Detroit in 1730, and was constandy employed in public service of some kind. The King's dues were payable to his receiver (the Intendant) or a local sub-receiver, and Navarre's name is the first found in that capacity, while the receipts are endorsed on the deeds of the land-owners from Chap. VI. ] NOTARIAL ACTS. 97 the beginning. The jurist De Ferriere represents the functions of a Deputy Intendant to have been judicial as well as ministerial, and such was probably the case in Detroit. The notary, (who at this time generally performed all functions con- nected with transfers, contracts and successions,) had no incompatible duties, and Navarre was Royal Notary. In 1753, M. tandrieve was acting temporarily as Deputy Intendant, Navarre being then probably absent on other duty, as he had a great influence with the Indians. In 1760, we find Navarre and Baptiste Campau both acting together as notaries, the latter performing, appar- ently the duties of Tabellion or notarial clerk and registrar. It is not likely the judicial duties were very heavy, but the receipts for the King were considerable, both in money and wheat, and the sub-Intendant was curator of the public property not stricdy military. We find at this period that the Commandant made grants of lands within the fort, and possibly in the precinct or domain adjoining. M. de Bellestre declared in a subse- quent inquiry that this was his absolute right, the rents, however, belonging to the Crown." In some cases a ratification was required from the Governor General, as indicated by the Decree of 1722. Such cases are found recorded in 1754-5, on grants from M. de Muy confirmed by Du Quesne.' In 1741, such a grant is made by De « Wayne Record, B., p. 128. a Id., A., p. i. 7 0t CONDITIONS OF TOWN GRANTS. [Chap. VI. Noyan to Navarre, without confirmation.' The terms of tenure were two sols per foot front, not redeemable, but payable in cash, and the main- tenance of the fortifications in proportion to such front.' This was one pile or picket, var- iously stated from fifteen feet upward in length, for each foot front of the lot. In 1745, a sale is recorded of a hftuse within the fort, and of " forty fort pickets, which are all of cedar, appur- tenant to the said house."^ This obligation to supply pickets was afterwards a source of con- tention, and the duty was disputed. But the deeds are explicit. In addition to the annual dues, and to taxes, there 'were fines of alienation. On what basis these were settled does not appear, but it was probably according to the Coutume de Paris. In 1 760. upon a purchase by De Belles- tre, the fines on a purchase of 12,000 livres were 666 livres, 13 sols, or more than five per cent.* Even while no war was existing between France and England, the British agents (claiming ostensibly under the Iroquois grant, which was much more shadowy than the French claims which they professed to regard as theoretical,) kept up with their Indian allies a continued series of attempts to reach the western trade, and get • Wayne Record, A., p. 29. » Id., A., p. I, 17. 3 "Quarante pieux de fort, que sont tous de cedre, dependants de la dite maison." — A., p. 17. 4 Wayne Record, B., 128. Cmap. VI.] INTRIQUE5 WITH HURONS. 99 control of the country. The Hurons, who had been deadly enemies of the Iroquois and all their friends, and who had stood fast by the French, were approached by these tempters, and by degrees led away from their fidelity. ' Their posi- tion was such as to make this very dangerous. When Charlevoix was in Detroit he mentioned that it was desired to establish a Huron mission, which was not then determined on. In 1 742, this was settled on Bois-blanc Island, on the Canada side of the mouth of Detroit River, commanding the main channel. Father Potier had charge, and the village was very extensive, regularly laid out, and containing several hundred people. It was then of several years' standing. It is likely it had been removed thither from Detroit, and Father de la Richardie is said to have at one time been a missionary in the tribe. For a per- iod of some years these intrigues went on, and the Commander at Detroit was diligent in oppos- ing them. Hearing that the English had designs on White River and the Wabash country, Celoron, a former Commandant of Detroit, in 1 743, allowed men and supplies to go from Detroit to open a trade at White River with a body of Senecas, Onondagas and others of the Five Nations, who had settled there to the number of about 600, and who professed friendship. Robert Navarre was sent out to examine and report on the prospects. Beauharnois and Hocquart directed M. de Lon- gueuil, then in command at Detroit, to send out 100 TRADE AT v ^TROIT INJURED. (Chaf. VI goods and supplies on the King's account, and expressed themselves as desirous, since the settle- ment could not be broken up, of getting it, if possible, to be friendly. But there was evidently suspicion of mischief.' In 1 744, the hostilities existing made it neces- sary to make preparations, and Longueuil suc- Cvieded in securing the adhesion of the nations near Detroit, and sent out Indian forces to prevent the English traders from reaching White River, as well as to guard the approaches to the Ohio. Celoron and Joncaire were able for a time to ensure the neutrality of several of the New York bands of :^enecas and others.' But the disturbed condition of the country operated injuriously on Detroit. In 1745, com- plaint was made by Beauharnois, in his letters to France, that the licenses to trade at Detroit and Mackinaw could hardly be given away, although those places were not well supplied ; and he expressed misgivings as to the conduct of the Indians when trade should fall off.^ About the same time the country was troubled by deserters and renegades from Louisiana, who found their way up to Detroit and its vicinity. The Chevalier de Longueuil. who was at this time decorated with the Cross of St. Louis for his services, was very active and energetic, and did much to keep the country quiet. But some of the Detroit Indians held back.* « 9 N. V. Doc, 1099. 3 10 N. V. Doc , 21. ■ 9 N. V. Doc, nil. II 12. 4 10 N. Y. Doc, 34, 37, 38. CHAr. VI. J SERIOUS TROUBLtS 101 The supply of provisions from the lands about Detroit began to fail, and for a while there was danger of suffering on this account. The Hurons became mutinous, and it was evident they had been effectually tampered with," In 1747, Father Potier was obliged to leave Bois-blanc and go up to Detroit. They committed outrages in various places, killing several Frenchmen at Sandusky. They had also planned a massacre of the people in the fort at Detroit, which was overheard by a squaw, by whom it was revealed to a Jesuit lay- brother, who informed Longueuil. The rising was general, and manifestations were made m all parts of Michigan and the Northwest. Longueuil succeeded in persuading a deputation of several tribes to go with Bellestre to Quebec to confer with the Governor. Among these were the great chiefs Sastaretsi and Taychatin. After his departure the Hurons held a council, in which they desired Father de la Richardie to be sent up. Arrangements were made that he should accom- pany Bellestre to Detroit. Unfortunately, both the chiefs died before these gendemen started." The year 1747 was one of constant trouble about Detroit. The Indians who had agreed to attack the Huron village at Bois-blanc, when the troubles broke out, refused to do so. Longueuil, however, had succeeded in getting the upper hand of the Miamis and others to the southward, and they sent to sue for peace. Three of the treach- - • 10 N. V. Doc. 38. 83, 114, 1 15, 119. a Id., 123, 124. l02 INDIAN OUTRAGES. [Cmaf. VI. erous Huron chiefs, Nicolas, Orotoni and Anioton, who had been most deefihy implicated, came also for the same purpose. While these were at Detroit, news came that a party had waylaid three Frenchmen at Grosse He, and attempted to murder them. The Frenchmen themselves soon appeared, wounded, but not fatally. Longueuil immediately sent a force of thirty men after the marauders. The deputies, fearing for themselves, informed the Commander that the criminals were concealed at Bois-blanc, and volunteered to arrest them. Longueuil accepted their offer, and gave them ten more men to accompany them. They overtook the first detachment, and brought back the five Indians to the fort. They turned out to be one Onondaga, as leader, one Huron, one Seneca, and two Mohegans. The populace killed the leader as soon as he landed. The rest were confined in the fort in irons. This event created great excitement among the Ohio Indians, but Longueuil pacified them, insisting however, on retaining the prisoners, and giving the nations to understand the fate of these depended on the conduct of the tribes. On the morning of the 29th of December, 1747, the Seneca was found dead, it being doubtful whether he killed himself or was killed by the Huron, who was to kill him- self also. It turned out they had all nearly succeeded in escaping, as they had loosened their irons and prepared to kill the guard. Afterwards, in February, 1748, Longueuil re- Chap. VI.] HURON MISSION. 103 leased the three survivors, upon the request of formal deputations of northern and southern tribes, and upon very fair promises. He did this against the wishes and protests of the French at Detroit, and was censured by the Governor Gen- eral. But the event proved fortunate, as the In- dians sought eagerly to show their sincerity by taking the war-path ; and he had no further serious trouble with them, although there were some abor- tive attempts made here and there to do mischief.' In April, 1 748, Galissonniere reports prospects of future tranquility.- In 1748, it was questioned whether it might not be well to remove the fort to Bois-blanc ; but it was not thought best to do so, as the In- dians had settled at Detroit. The Huron Mission was re-established,3 under strong recommendations from the Governor to renew it, but with great precautions to have it in a safe place ; and at this time it was accordingly removed, to the present town of Sandwich, opposite the western part of the city of Detroit. Father de la Richardie became attached to it, at the Governor's request. Father Potier also appears to have remained with it. A church was built of respectable dimensions, which, until about twenty years ago, was the place of worship of the Catholic population of that region. It was then taken down, — a commodious and spa « 10 N. Y. Narratives of 1747-1748, pa«sim « 10 N. V. Doc, 133. 3 10 N. V. Doc, 162, 148. 104 MEMOIk ON THfi COLOKIES. [Chap. VI. cious brick church having been built in its imme- diate vicinity. The point at Sandwich where they settled is named in the Governor's report " Point Montreal."' This name is not retained, and has not been noted except in that document. i In October, the Governor instructed Longueuil that, although the French and English were at peace, the English, if seeking to settle on the Ohio. White or Rock Rivers, or any of their tributaries, must be resisted by force." He expressed the strongest convictions of the importance of Mack- inaw and Detroit.^ .t In December, 1750, the late Governor, De la Galissonniere, who had been succeeded by De la Jonquiere, prepared an elaborate memoir on the French colonies, which is one of the most enlight- ened documents ever written on that subject.* He pointed out the utility of colonies, and the reasons why the French, with less population, had obtained advantages over the English in dealing with the Indians; which he, as well as the English officials in this country, attributed to the habits o' the French inhabitants in woodcraft, and in living with and like the Indians. But he warned the Govern- ment that this was accidental, and could not always be relied on. After noting the weak points as well as advantages of various places, he makes special I 10 N. V. Doc . 178. 3 10 N. V. Doc , 1S3-4 a 10 N. V Doc ,179. 4 10 N. Y. Doc, 220. Chap, VI.] GALISSONNlfeRE'S MEMOIR. 105 reference to Detroit. "This last place demands now the sfreatest attention. Did it once contain a farming population of a thousand, it would feed and defend all the rest. Throughout the whole interior of Canada it is the best adapted for a town, where all the trade of the lakes would con- centrate; were it provided with a good garrison and surrounded by a goodly number of settle- ments, it would be enabled to overawe almost all the Indians of the Continent. It is sufficient to see its position on the map to understand its utility. It would stand on the River St. Lawrence within reach of the Oyo, the Illinois, the River Mississippi, and in a position to protect all these different places, and even the posts north of the Lakes." He concludes his memoir by urging that "the resolution ought to be adopted to send a great many people to New France, in order to enable those who have the administration thereof, to work at tlie same time at the different proposed forts. These people ought to be principally sol- diers, who can in a very short time be converted into good settlers." He suggests that some faux-saulniers, and even a few paupers might be sent, the latter to be very sparingly furnished as needed. Other persons of doubtful character should not be sent unless called for. Many suggestions are made as to the estab- lishment of profitable industries. In this regard 106 NEW SETTLERS. [Chap. VI. there was a great contrast between the French and English. The whole current of Parliamentary and Royal regulation was towards preventing the English colonies from producing anything but raw material. Manufactures were obstructed and prohibited. In New France there was constant encouragement to industry, and the restrictions were confined to the fur trade and dealings with the Indians. '-■■•'-"■':■:■■. ^^-v:,;-',." ;^v '-■'•'''■:'-■- 'v'v:'^''' In 1750 and 1751, in pursuance of these views and of previous similar suggestions, a consider- able number of settlers were sent out, and advances were made to them by the government until they were able to take care of themselves. They prospered after they had become fairly settled. But in 1752, it appears that provisions were scarce, so that Indian corn reached twenty livres a bushel in peltries, and it was feared some of the Canadians would have to be sent away. The Hurons and other Indians on whom reliance had been formerly had for corn, could not, from recent disturbances, have been able to furnish it ; and the Commandant at the I]linois would not permit provisions to be sent thence.' Both Celoron and Longueuil had been censured for not being more alert in furthering the Ohio expe- ditions, but this was perhaps the reason.' Famine was not the only danger at Detroit. The small pox also began its ravages in the adjacent villages of the Ottawas and Potawatamies. > 10 N V Doc , 249. ■ 10 N. Y. Doc., 349. CH*r. VI.] DETROIT ENLARGED 107 About this time the fort and stockade at Detroit were considerably enlarged. In 1750, the Chevalier de Repentigny began his settlement, and built a fort at the Sault Ste. Marie. In 1754, reference was made by Duquesne to his progress in that work, which "was essential for stopping all the Indians who came down from Lake Superior to go to Choueguen, but I do not hear that this post yields a great revenue."' In 1755, Vaudreuil, writing to France to Ma- chault, the Minister of the Marine, makes the fol- lowing reference to the settlement at Detroit: "I doubt not, my Lord, but you have been informed of the excellence of the Detroit lands. That post is considerable, well peopled, but three times more families than it possesses could be easily located there. The misfortune is that we have not enough of people in the colony. I shall make arrange- ments to favor the settlement of two Sisters of the Congregation at that post, to educate the children, without costing the King a penny."* In 1759, Bigot, the Intendant, stated that the settlers of 1 750-1 had taken care of themselves and been selling wheat since 1754, from which time they had entailed no expense on the crown.^ During the border war that was going on be- tween the French and English, in the setdements and regions between the Ohio and the Lakes, the Detroit militia appear to have taken an active « 10 N. V. Doc, 363. 3 10 N. Y. Doc, 1048. » 10 N. V. Doc, 376. 108 DIFFICULTIES WITH ENGLISH IChap VI part, and the number of French soldiers — apart from the Indians — must have been quite large.' Hellestre was especially active, and commanded in several sharp engagements. The Reports speak of him repeatedly with very high encomiums. The supplies for the operations on the Ohio, and in Pennsylvania and Virginia, came largely from De- troit. ■ ; .:- ; ,.• „/:. . ,,. -:'./;•/■ Before hostilities broke out there was much crimination and recrimination between the Cana- dian (iovernment and the English authorities in New York, the former accusing British emissaries with conspiring to assassinate the Commander at Detroit, and the latter charging similar misdeeds on the French.^ The old dispute was also renewed in regard to priority of claim to Detroit, which had been so bitter in the early part of the century.^ Colden, Delancey, and Pownall, in various ways, urged the necessity of getting control of this re- gion.* Pownall referred to it at length in the Albany Congress of 1 754, which was intended to unite the English colonies in a confederation for general defence, and the management of their common interests.' When the English performed the cruel deed of banishing the Acadians from their homes, and scattering families as well as communities, with a cold-blooded inhumanity that no excuse can miti- ■ 10 N. V. Doc , 425. 4 6 N. Y. Doc, 990. ^ 6 N. Y. Uoc, 105, 107, 489, 493, 579. s 6 N. Y. Doc, 893. 3 6 N. V. Doc. 743, 773, 731. Chap VI. 1 SURRENDER 109 ^a.tit, some of the unfortunate victims found a refuge in Detroit, as Vvell as in otlier French set- tlements. The beautiful story of Evangeline is a sad but not exaggerated tale of these atrocities. As the war on the lower St. Lawrence drew towards its close, Bellestre was chosen to take charge of the post of Detroit,' and to gather in all the western forces to preserve it at all events. He had been in command there for some years, but was too valuable a man to leave unemployed; and so long as there was any service to be done elsewhere he was given large powers. Vaudreuil, in June, 1 760, wrote to the French Minister Berryer : " M. de Bellestre is preparing to receive the En[;^Hsh, who I think are not going to 1 )etroit ; it may cost them very dear, because all the na- tions are disposed to join the French."'' . But, on the 8th of September, 1 760, the whole Province was surrendered. In November, 1 760, Major Robert Rogers, with a force consisting of part of the 60th (Royal Americans) and 80th regiments, appeared below the town and demanded its surrender. The Commandant was justly aston- ished, and in no way inclined to accept the truth of the capitulation of a post he had been so care- fully warned to defend. But the evidence was unanswerable, and he was compelled to submit ; and the British flag was raised over the astounded • settlement. - » 10 N. V. Doc, 1093. a 10 N. Y. Doc, 1094. 110 PIQUOTfe DE BELLESTRE. fCHAP. VI Franqiois Marie, commonly called and signing himself Piquote de Bellestre, was so highly es- teemed by the French authorities, that it seems strange to find him spoken of lighdy by some of our writers as a fanfaron and a man of small account. There are few names so often and so honorably mentioned during the period of his entire manhood. He was head of one of the oldest houses of Canada, and was a Knight of St. Louis. Immediately after the organization of the Legislative Council of Lower Canada, under the Royal proclamation of 1763, he was made one of its members, and was also Superintendent of Public Ways. In 1775, the Canadian noblesse were enrolled under his command, and he did notable service to the British, in opposing the American invasion at St. Jean, for which he received public thanks from the commanding gen- eral. He lived to a good old age, and saw the inauguration of the new government of Lower .Canada in 1791. He left no son. His daughter married Major Mc Donell, of the British Army. As the last of the French Commanders, he deserves a prominent place in the History of Michigan. CHAPTER VII. MICHIGAN UNDER BRITISH MILITARY RULE. The assumption of possession of Michigan by the English, when there was but a single town, properly so called, and when the settlers near it were few in number, and all within a line of ten miles long, did not give occasion for any imme- diate change of legal systems. In fact there was so little for law to operate upon, that the people knew nothing about its niceties. By the articles of capitulation of Montreal, those Frenchmen who chose to do so could leave the colony, and, under some limitations, dispose of their estates. Repentigny would not stay in America, but went to France, and his infant colony almost disap- peared. In May, 1762, Alexander Henry found there a stockaded fort and four houses, which had formerly been used by the Governor, inter- preter and garrison. At this time there remained but one family, that of Mr. Cadotte, the inter- preter, whose wife was a Chippewa. During that season Lieutenant Jamette arrived with a small detachment to garrison the fort. In December of that year, all but one of the houses were burned, 112 MACKINAW. DETROIT. [Chap. VII. and a part of the stockade, which was just below the rapids. The Island of Michilimackinac was at this time the seat of a Chippewa village. The fort was, where it had been in Charlevoix's time, south of the strait. When the F"rench garrison aban- doned it, there was a time during which it was not looked after at all; but there were some French inhabitants. The fort was built of cedar pickets, and had an area of two acres. It stood so near the beach that the waves beat against the stockade in a high wind. Within the enclosure were thirty neat and commodious houses, and a church. There were two small brass cannon which had been captured by the Canadians on some raid in the Hudson's Bay country.' The population of Detroit and its vicinage has been v^^riously estimated. Rogers estimated it at 2,500, with 300 dwellings. Croghan, in 1764, says there were 300 or 400 families. There must have been a considerable settlement, as a large force was sent up and quartered there until re- duced by detachments. All the accounts are somewhat unreliable as they seldom define the ex- tent of the settlement. Very few, if any, of the population left the country after the surrender. Some went to Illinois. Bellestre and his garrison were escorted to the East. The settlement was on both sides of the Strait, extending to Lake St. Clair. » Henry, 40, 41. Chap. VIl.] PANIS. BUFFALOES. 113 There were in this, as in other parts of the colony, a good many slaves. A very few were of African descent. Most were Panis or J\j7onccs, who were originally captives brought by the In- dians from the west and south, and most of them belonging to distant tribes. Such captives included Cherokees, Choctaws, Pawnees, Osages, and some others, but the name Pcnii was applied to all Indians in slavery. The treaty of peace secured the title to these servants as of other property, and the old records contain many refer- ences to them and conveyances of them. They continued to be kept after the American posses- sion, and the last of the race that our generation has known was (though not then a slave) in the service of Governor Woodbridge a few years since." At the time of the change of sovereignty, in 1 760, the wilderness had not been encroached upon, and, besides a great abundance of other game, buffaloes were very numerous in the Lower Penin- • sula, and for many years after were found in herds along the River Raisin, and all through the oak opening and prairie country. , ;,, The Treaty of Peace was not signed until 1763. Till then no regulations were adopted by the Crown for the government of the country, and it was under the control of General Gage ; I Judge Burnet, in his •' Notes on the Northwest," speaks ol the Detroit Pawnee servants as exceptionally good and docile. ^ 8 114 CHAHERT DE JON'CAIRE. [Chap. VII. but he was much aided by the judicious counsels of Sir William Johnson, whose advice was always honest and generally wise, but not always heeded. The most active and intelligent Frenchman of consequence, who continued in this part of the country, was the Chevalier Chabert de Joncaire, a celebrated partisan leader among the French, who had great influence with the Senecas, and acted on occasion as interpreter. He was an object of suspicion to the English after the conquest, and received frequent mention in the reports. He afterwards became an officer in the British service", and was active among the Indians in the British interest during Wayne's campaign. After the Americans took possession, he was always reckoned a worthy citizen, and was one of the first dele- gates from Wayne County to the Legislature of the Territory Northwest of the Ohio, in 1 799. He was then generally known as Colonel Chabert, though using for his signature his name of Jon- caire.' ■ '^ ■'■ As soon as Montreal capitulated. Major Rob-* ert Rogers, who had gained reputation as a par- tisan ranger, was appointed to accompany the detachments which were to take possession of the western posts. A large part of the forces con- sisted of several companies of the 60th or Royal I His father and grandfather, like himself, appear to have had much to do with the Senecas and other New York Indians, and to have acted as agents and interpreters in some of their negotiations His name seems to have puzzled both Dutch and Knglish, who write it sometimes asJohnCoeur, and Jean Cairo, but seldom correctly. Chap. VII.| ROYAI. AMKRK ANS. U5 American Reiriment. officered chiefly by American gentlemen from New York and other Eastern colonies, several of them of Scottish birth or des- cent. Colonel Georjre Crotihan, who had long experience with the Indians, accompanied the ex- pedition. On their way up in Ohio, near Cuya- hoga River, they encountered Pontiac, the great chief of the v,)ttawas. who had for more than twenty years kept his village a litde above Detroit, on the eastern side of the river. After a parley he parted with them peaceably, and with apparent friendliness. In November, 1760, as before men- tioned, after some difficulty in persuading Bellestre that the Province had capitulated, Rogers took possession of Detroit. The officers of the 60th seem to have been much better qualified to deal with the Indians than some of their associates. Sir William John- son, whose correspondence on Indian affairs marks him as a just man, repeats over and over again his complaints that the hostility of the Indians was originally excited and always kept up, by the arrogance and insolence of the English. In 1 768, reviewing the course of the past few years, he re- curred to this in reference to the Pontiac War.' And it is mentioned in one of the Reports, that on the first expedition this spirit was offensively manifest. Rogers and Croghan were better skilled in dealing with the savages, and the officers of the 60th were generally well thought of in the coun- « 8 N. V. Doc, 85. 116 DETROIT TRADERS. [Chap. VII. try. Some of them, however, knew very Httle of the Indians. Captain Donald Campbell, of ' the 6oth, was made first commandant, and continued in command till superseded by Major Gladwin, his superior in rank, in 1763. hnmediately in the train of the expedition, came traders from Albany, who got a very early foothold in the country. They were mostly Dutch, and bore names still familiar in New York. There were also some roving English traders, whom Sir William Johnson refers to with much bitterness. In his elaborate Review, of September, 1 767, he mentions numerous instances of the mischief done by the greedy and unscrupulous adventurers, v.'ho cheated and deceived the Indians and made all Englishmen obnoxious to the savages.' The greatest number of permanent traders who finally settled in Detroit were of Scottish birth or origin, and their eastern connections were principally with Schenectady and Albany. These gentlemen obtained and kept a great ascendancy among the Indians. They came mosdy after the Pontiac war. Sir Jeffery Amherst stated in 1 762, that up to that time trade had been entirely free,' It appears, however, that passes were required to go into the Indian country, but they were at first granted al- most as a matter of course. Under the King's ■fc. ' 7 N. Y. Doc , 953, et seej. " 7 N. Y. Doc, 508. Chap VII.] TREATY RIGHTS. 117 proclamation of 1763, they issued to all who gave security." The Albany merchants appear to have been quite arrogant in their claims.' While the access to Detroit was made easy, very few were allowed to go into the upper country. The French who remained in that region, as well as in the Illinois country and Detroit, were not contented, and were in many instances very active in stirring up the Indians. As early as June, 1761, General Gage had discovered that Pontiac was busy in the French interest, and Alexander Henry on this account had great trouble in procuring permission to go to Mackinaw. ^ The Indians did not regard themselves as subject to be disposed of by French and English treaties, and were very partial to their old friends. A period of eighteen months after the Definit- ive Treaty of 1763 was allowed to the inhabitants, to determine whether to remain in the colony or remove to France ; and they were allowed to sell their lands, on such removal, to British subjects. Many Acadians had come into Canada to escape the oppression which they had met at home, and efforts were made to secure to them the same terms given to the Canadians ; but the preliminary capitulation rejected these, and left them in many respects at the mercy of the British. The Definit- ive Treaty seems to have put them all on sub- stantially the same footing, and it is not known t 7 N. Y. Doc, 535, 637. 3 Henry, 11. "' ^ 7 N. V. Doc, 613. 118 FRENCH DISAFFECTION. [Chap. VH. that any difference was afterwards made between them. The inhabitants of French descent for a long time regarded themselves as' treated with quite impartial harshness. The F"rench inhabitants had hoped that Canada might be restored to France. In 1763, a plan of insurrection is found to have been communicated to the French Government,' but there was little material except Indians to work with, since the French officers had then mostly left the country. Nevertheless, there is no doubt the interval between die fall of Montreal and the final pacifi- cation of Canada, was filled with plots and schemes to shake off the English yoke. Joncaire was very active, and others less noted. The garrison and traders in Detroit, in their correspondence, show a very uneasy feeling in regard to their Canadian neighbors, who were unmistakably disgusted with the change of government, although having no particular reason for ill-will against their own garrison. Sir William Johnson, when in Detroit, in 1 761, did what he could to secure a pleasant state of things with the tribes, but went home full of misgivings." When Alexander Henry went to the upper country that year, he found it necessary to disguise himself to save his life from the savages; and even at Mackinaw he was in constant danger until the troops came up under E!ther- ington and Leslie. Lieutenant Gorrell, who was sent on to Green Hay with the same expedition, « 10 N. V. Doc, 1157. « 7 N. V. Doc, 525, 575. Chap. VII.] CONDUCT OF THE INDIANS. found himself unable to meet the demands of the Indians for what they claimed to be the customary presents ; and the Commandant at Detroit had not means to supply him. The Green Bay Indians, however, were from the first quite friendly, while the deadliest hatred towards the English was among the Chippewas. The northern Ottawas, whom we generally in later times have been accustomed to regard as practically united with the latter, were then not so disposed, and in more than one instance prevented the Chippewas from doing mischief. The conduct of the Sakis or Sacs and Ottawas at L'Arbre Croche in befriending Captain Etherington and Gorrell, with their asso- ciates, after the massacre at Mackinaw, in 1763, was very warmly commended by Sir William John- son and the colonial office,' Pontiac himself was a chief of the Ottawas, and his band adhered to him" ; but they were a more humane and civil- ized race than the Chippewas, and the northern Ottawas were not always in the closest relations with all of the other bands. Some doubts have been expressed by careless writers about Pontiac's tribal relations. But in the Mission Records of 1 742 he is mentioned as chief of the Ottawas, near Detroit. A chief of the same name — per- haps a relative — is found among the Ottawa signers of the treaty made at the Miami Rapids in 181 7, though his reputed nephew, the celebrated cen- tenarian Okemos, was a chief of the Chippewas. « Gorrell's Narrative. 7 N. V. Uoc, 543, 552, 561. l20 PONTIAC. [Chap. Vtl. In 1766, Pontiac executed alone, on behalf of the Ottawa Nation, a conveyance to Doctor George Christian Anthon,' of land adjoining his village. As this was done at a public treaty, at the time when he made his peace with the English, and in presence of Colonel Croghan, the Indian Superin- tendent, and Colonel Campbell, the Commander of Detroit, there can be no question of his tribal position. Except for the uneasiness concerning the schemes of Pontiac, there seems to have been nothing im- portant in the affairs of Michigan at this period. The history of his final assault upon the western posts, and its terrible success at all of them except Detroit, has been made familiar by the fascinating pages of Mr. Parkman. The only occupied points in the territory now belonging to Michigan were St. Joseph, Mackinaw and Detroit. The Sault Ste. Marie had been abandoned before the outbreak. .St. Joseph was held by an ensign and fourteen men, who were suddenly attacked by the Potawatamies on the 25th of May, 1763, and all but Ensign Schlosser and three men were tomahawked. These four were taken to Detroit and exchantred. At Mackinaw, Captain F^therington. in spite of the plainest and surest warnings, neglected all precau- tions, and was entrapped by a simple contrivance. I This grant was made in token of the good will of the Nation to Doc- tor Anthon, proli.ibly lor his medical services. He was father of the emin- ent Bchiilars Henry, Charles and John Anthon, of New York, some of whom were natives uf Detroit. Chap. Vll.] MASSACRfi AT MACKINAW. 121 The Indians organized a great game o{ baggattaway,^ or la crosse, (named from the long handled net or racket with which the ball is thrown to a great distance.) In this game there are two posts or goals at a long distance apart, and the two parties each seek to drive the ball to opposite points. Etherington was leisurely observing the game (on which he had laid wagers) and, as if by chance, the ball was thrown into the fort, and the Indians rushed in pell mell' after it. Once within the fort, they began the slaughter. Ether- ington and Lieutenant Leslie, with a handful of men, were hurried away as prisoners, together with Mr. Bostwick, a trader who had preceded Henry, and Father Jonois, the missionary at L'Arbre Croche. Henry was concealed by a Pani woman in the garret of Mr. Langlade, a Frenchman, who was an off-shoot of the distin- guished colonial family of that name, but who showed an utter want of common humanity in his dealings with the unfortunate fugitive. He was finally saved by the intercession of an Indian named Wawatam, who had become attached to him and adopted him as his brother. The Jesuit mis- ■ J'ai^'aa/^muaH. The Indian crosier or raquette, with which the game is played. /'ax'nii 7 N. V. Doc , 533. McDougall remained in Detroit. His two sons. Colonel George McDougall and Colonel John R McDougall were promin- ent citizens Corty years ago. The latter was grandfather of Mr. Alexander M. Canipau of Detroit. He owned the farm west of Miloches, near Bloody Run. Chap. VII. J MASSACRE OF BI.OODV RUN 129 at Pointe Pelee, and turned back.' In July, Cap- tain Dalzell, an aid of Sir Jeffery Amherst, arrived with suppHes, and with 280 men. inchidinj.^, in addition to detachments from the 55th and 80th regiments, twenty rangers, all under the command of Major Robert Rogers. A heavy fog favored their landing. Dalzell on his arrival foolishly in- sisted on making a night march, and attacking the Indians in their camp. The secret leaked out. and Pontiac was advised of the plan. At two o'clock in the morning of July ^i, 1763, 250 men marched out of the fort and up the River Road, protected in part on the river by two large boats with swivels. Two miles above the fort the road crossed a bridge at the mouth of a stream then known as Parent's Creek, but since as Bloody Run. The banks formed a ravine, through which the stream ran rapidly until it neared the Detroit River, when it spread out into a little mere, or marsh-bordered pond, narrowing at the bridge to about twenty feet, and being there quite deep. As soon as the troops reached the bridge they were assailed by a murderous fire, and the ravine became a scene of carnage. The darkness bewildered them, and they were compelled to retreat, fighting against ambuscades all the way, until tliey reached the fort again at eight o'clock, after six hours of marching and fighting in that short road. Dalzell' » 7 N. Y. Doc, 526. a This officer's name is written Dalyell in many documents, and Dr. O'Callaghan takes Parkman to task for writing it Dalzell. The latter form is 9 180 SIEGE RAISED. [Chai". VII. was killed while gallantly striving to save a wounded sergeant. The battle of Bloody Run, though fought by a small force, was important in its results, and was a remarkable instance of a continuous hand to hand fight with Indians. The scene has now entirely changed. The stream has disappeared, and no relic is left but a huge tree riddled with bullets, which has not yet been sacrificed to city improve- ments. The siege went on with various noteworthy episodes, which have been described by able writers, and which are too long in recital for this sketch. In October, the besiegers began to dis- appear ;• and Pontiac retired to the Maumee coun- try, when he found the final treaty of peace was signed between France and England, and that no help could henceforth come from the French in Canada. But he still cherished some plans of mischief. The next year [1764] Bradstreet came with a force and relieved the worn-out garrison. He held a council with the Wyandots and other tribes, and made a treaty, in which, by the fraud or incapacity of the interpreters, they were made to acknowledge an abject subjection to the Eng- also found, and is the original family name, sometimes also called Dalziel. In tlje days of the covenanters, one of their most savage foes was. General Dalziel or Dalzell, a veteran who vowed never to shave his heard after the execution of Charles I., and who was as merciless as Claverhome. Mrs. Grant, of Laggan, who knew him, calls the officer who was killed at Detroit D.ilzicl, and says he was related to the Da'ziels of Carnwatli. — Memoir of an Ameiican Lady, CIt. 51. ' 7 N. Y. Doc, 589, et seq. Chap Vlt.] WANt OF CIVIL GOVERNMENT. 131 lish, which they never dreamed of. Bradstreet was a very unwise and arrogant negotiator, and his conduct was not regarded with approval. Sir William Johnson censured it severely in his Re- ports, as calculated to offend the tribes. By this treaty the land was ceded from Detroit to Lake St, Clair.' The importance of Detroit was now fully recog- nized, and it was made the central point for all the western interests. The want of some sort of gov- ernment was felt, and representations were re- peatedly made by Johnson, Bradstreet, Croghan, Governor Moore, Golden, and all interested in American affairs. Dr. Franklin was also active in England in laboring with the Board of Trade to 1 7 N. V. Doc, 649, 650. 674, 678. No one can calculate how much of the trouble between whites and Indians has conic from the ignorance and ras- cality of interpreters. If there is no one that can detect their errors, they can and will make up such stories and give such versions as tliey choose, without regard to accuracy, and represent each side to the other as saying what is really colored or made up by the ]ierson whom each is obliged to re- ly on. The French missionaries and the officers long in the country were familiar with Indian language;", and wei c seldom il ever imposed on. Hut the sounds of the Indian languages cannot well be expressed by English forms, and the English negotiators, and most of the Americans, have been com- pelled to trust almost iniiilicitly to iheir interpreters. Some of these, like Joncaire, La lititle, llenry Connor and Whiimore I'Jnaggs, were men ol char- acter and reliable. Hut many have been dishonest and ignorant. An in- terpreter will seldom admit that he does not cotnpiehend any phrase that is used, and will always report something as dictated to him, whether truly or falsely. These men, too, are very apt to soften down or leave out phrases and charges that i are ofiensive, and put civil speeches in their place. It is evident this was done by Hradstrcet's interpreter. Sir William Johnson, to illustrate the danger of relying on such persons, tells an anecdote ol an oc- currence in his presence where when an English missionary gave out as his text that there was no respect of persons with (lod, the interpreter reniltred it that (iod did not tare lor the Indians; and Sir William had to intervene and iraimlate the sermon himself. 7 N. V. i)oc.,970. 132 ROYAL PROCLAMATION. [Chap. VU. establish governments there and elsewhere in the west, but without success.' As soon as the Treaty of Paris had been rati- fied, the King of Great Britain issued a proclama- tion for the government of the various French possessions acquired by it. So much of Canada as constitutes what was afterwards known as Lower Canada, he established as the Government of Quebec, to be governed in the first instance by a governor and council, who were to establish courts and tribunals to decide all cases as nearly as possi- ble according to the laws of England, with an ap- peal in civil causes to the Privy Council. When circumstances should permit, an assembly was to be called. Lord Mansfield was very indignant at this action, as revolutionizing the whole laws of the Province," and introducing a system unknown to the people. Afterwards, in Campbell v. Hall, {Cotoper, 20^,) after four successive arguments, he decided that, although the old civil and criminal laws remain until changed, yet the King, until Parliament should intervene, had absolute legislative authority over concjuered countries ; but that by this proclamation the sovereign liad exhausted his powers, and could not legislate further. This last proposition is doubt- ful law, but it was followed immediately by the pass- ing by Parliament, (whose power was beyond cavil) of the Quebec Act, to be noticed hereafter. 'I'he country west of I^ower Canada, not ceded by the Indians, was by this proclamation to be « See N. V. Does., and Mills' Report, passim. » Mills, p. 190. Chap VII.] MILITARY RULE. 133 left unmolested for their hunting grounds, and no purcha.ses were to be made from them except by pubHc treaty for the Crown. Trade was to be open and free to all who desired licenses, under such regulations as might be established. Provision was made for arresting and returning all fugitives from justice to the colonies whence they fled. There was to be no law or govern- ment west of Quebec, except under military con- trol. As several cases had been decided in the English courts against even governors of colonies, who had overstepped the laws to the prejudice of citizens, the officers sent to Detroit before the Quebec Act had a wholesome fear of prosecution, and were generally very careful to keep within safe bounds. The case of (iovernor Eyre, {L. R. 6 Q. H. I. Pliillips v. Eyr{\) who was sued for his course in the Jamaica troubles of i(S65, and exonerated by a statute of indemnity, is the most recent attempt to enforce such liabilities. It is not generally understood by our people that, after the war with Mexico, the Territory of New Mexico remained under military government until the territorial government was established by the Compromise Acts of 1S50; nnd that it had a whole systtMii of revised statutes, known as tb.e " Kearney Code,'' which were passed by no legis- lature, and obtained their only sanction from tlu; general commanding that country. Th(! liritish Parliament, at the time of the Treaty of Paris, 134 MILITARY RULE. [ChapVIL was not much disposed to spend time in fostering colonial interests, and royal colonies had not then been more misgoverned than others. The Ameri- can Congress, after the treaty with Mexico, could not agree upon the territorial schemes before it. As some government was needed, the military rule, for the time being, was unavoidable, and General Kearney adopted a system which was in effect civil. But Detroit, before 1775, was not governed by any system whatever, and the com- manding general and his subordinates could do as they chose. Their course was generally mod- erate and reasonable ; and although the inhabit- ants grumbled at the burdens laid upon them to keep up the fortifications, there were no extor- tions or peculations for private or doubtful pur- poses, as there were in many posts under the French control. Most of the British commanders were honest and reputable men, and obtained respect and good will from the people in their charge. Bradstreet, with whatever deficiencies he may be charged, had sense enough to discover that Detroit was a point of much political as well as military importance, and needed some civil gov- ernment. His desire was that English settlers might be encouraged to come in, and that, whether held under civil or military control, there should be courts of justice established.' > He wrote as follows : " All posts upon the banks of the lakes, from Niagara upwards, to be under the control of the officer commanding at De- Chap. Vll.] OPPOSITION TO SETTLEMENT 135 But the idea, made prominent, that these were important for the advantage and protection of In- dian dealings, and that Indians would resort to them, was not very practicable." Their necessity for the whites was more apparent. The importance of introducing more settlers was continually urged by the well-wishers of the Province. But the trade interests of Great Britain were as much op- posed to encouraging American settlements as any of the French intriguers had been, and the future was not very promising.^ The distant officials were very vindictive against the French settlers, and if their sentiments had pre- vailed there would have been trouble at Detroit.^ But the gentlemen who were on the spot had more wisdom than to create disgust among the people with whom they were placed in intimate and friendly relations, and who, when they found their allegiance irrevocably transferred, demeaned themselves quietly and amicably. Care was taken, troit ; and should Government judge it improper to establish a civil govern- ment there, and not encourage the coljny, still some court ot' justice is neces- sary, to the end ofl>nders, inhabitants, Indians, Indian traders and others, might be brought to justice, and punished by a law that might prevent liti- gious suits, and satisfy the savages that the strictest ju>tice is done them. — 7 N. Y. Doc, 69t. « 7 N. V. Doc, 641, 663, 668, 691. » "The colony of Detroit grows fast, and the inhabitants have great influ- ence over the savages ; the removing them would occasion a general war with the Indians, and to leave them as they now are will take a great length of time before they become proper English subjects." This hint is followed by urging the introduction of British colonists — 7 N. V. Doc, 693 3 7 N. V. Doc, 579, 136 SCOTTISH OFFICERS AND MERCHANTS. [Chap. VH. however, to appoint British agents in lieu of French, over Indian affairs, and in the trade matters. Lieutenant John Hay, (afterwards- Colonel and Lieutenant (jovernor,) was one of the first ap- pointed ; and when Pontiac afterwards came in and treated with the British, he specially requested that Hay and Crawford should be retained in the agency. The .Scottish officers and merchants became favorites with the Indians, for reasons similar to those which attached the tribes to the French. Many gentlemen of good family, but narrow means, came to America from the highlands and west of Scotland, where the old feudal relations had produced a habit of courtesy and kindness to inferiors, and a disregard of any claims of wealth alone to superior social consideration. These persons, although sometimes high-tempered and pimctilious, were much more careful to avoid giving offence to the Indians than some of their English associates were. The subsequent history of the country shows them to have had more intimate relations with the French also. And when the Americans succeeded to the possession of this region, the .Scottish merchants far outnumbered all the rest, and there were found among them representatives, and subsequent inheritors, of the best houses in .Scotland.' ' AiiRus Mackintosh, of Detroit, iniierited the estates which l>elonged to the old earldom ol' Moy, the earldom itself having been forfeited in the rebellion against the Honse of Hanover. Heing entailed upon heirs male general, and the direct line failing, it was found that Angus Mackintosh Chap. VII.] COURTS OF INQUIRY. 137 Bradstreet, while at Detroit, made military appointments in the militia, and held courts for the trial of persons who had favored Pontiac and adhered to him during- the war. There were probably no capital sentences, but such as were convicted were banished. This was perhaps the time when Cuillerier was condemned. The courts, so far as we find any trace of their proceedings, were called courts of inquiry, and there is some reason for supposing they were made up in occasional instances, if not gen- erally, of a jury, instead of being confined to military officers. There are some references which indicate the use of a mixed jury of French and English, after the fashion of the jury dc mcdictatc linguae, formerly used for controversies with aliens. Sir William Johnson refers to the conviction of a trader by court of inquiry, for using false weights, and it appears that he set the Commander at defiance, and threatened him with legal prosecution.' It was such occurrences, and the uncertainty how far an officer could safely go in punishing civil offenders, which led to strong appeals from Johnson, and Governor Moore, for some tribunals for dealing with crim- inals in the countr)' outside of the Quebec Gov- ernment. The eastern colonies, acting on the principles of the common law, could punish no and Sir James Mackintosh were tlie two nearest of kin, the former being one degree nearer tlian the latter. A claimant was also found for the estates of Annandale, but unsuccessfully. ' 7 N. V. Doc, 895. 19% SETTLEMENTS HINDERED. [Chap. Vll. offenders outside of their own borders, and mili- tary law was very distasteful to English courts and people.' There was much lawlessness among the roving adventurers outside of the posts,' and especially about Mackinaw, which was for some time after the massacre left without commander or garrison. It was not restored till 1764 or 1765. The Lords of Trade opposed any extension of setdements, on the notion that the settlers would become manufacturers, and the English tradesmen would lose their market. The public men who favored settlements, instead of exposing the folly of using colonists as inferiors and con- tributors of all their energies to serve the greedy demands of home-abiding Englishmen, met the arrogant claims by urging that new settlers would enlarge instead of narrowing the market, and could not furnish their own domestic articles. The spirit that drove America into revolution was manifest in the whole correspondence of the govern- ment agents. Unfortunately there was an interest in this country opposed to civilization. The fur trade was still a power, and anything which drove out the wild beasts and opened the land to cul- ture was in the way of this powerful ministry of barbarism. The early associated fur traders were the worst enemies to improvement which this region ever encountered; and in the sequel they very nearly succeeded in changing our political destiny. But the natural disposition of British I 7 N. V. Doc, 877, 895. » 7 N. Y. Doc, 871-2. Cha». vn.] LANDS SOUGHT FOR. 139 and Americans to seek their fortunes in new countries was not to be repressed. Although not numerous, settlers came in by degrees as soon as the end of hostilities made it safe ; and in 1767, and probably sooner, there were found in Detroit persons of British birth and descent whose families and descendants are well known there. From the beginning of the occupation the Commandants were beset with applications for lands, and they were compelled to give per- mission to occupy, although they could do no more. It had been customary for the French Commandants, with or without the ratification of the Governor or commanding general, to dispose of lots of land within the fort and adjacent domain, although Mr. Navarre, in 1767, stated that the power did not exist in the domain." But grants of land for farming purposes were within the control of the authorities at Quebec, and the action of the Commandant at Detroit was nugatory unless confirmed. The Indian title had not been given up, except east of the fort to Lake St. Clair, and a trifling distance west. The Royal Proclamation distinctly forbade private Indian purchases. In 1765, when Colonel John Campbell was in command, George Croghan held a council at Detroit, where eighteen Indian tribes were repre- sented, and was more fortunate than Bradstreet in getting their confidence. Croghan was the » I JSt. Papers. * 140 INDIAN CONCKSSIONS (Chap. VII. ablest British accent that ever dealt with the Indians in the Northwest. On this occasion he pcrsuatled Pontiac to enter into friendly relations with the British, and the errant to Dr. Anthon previously mentioned, made at this council, was probably the first Indian g-rant made in this retjion to any one.' It was not jrood within the letter of the Kint^'s proclamation, but such grants made in treaties have generally been respected, and while this was by separate deed, it was very likely one of the means whereby the chief was conciliated. The suggestions he made to appoint as agents persons in whom he had confidence, were deemed worthy of consideration by Sir William Johnson, and it would have been a very cheap privilege to allow him to give away his own lands to a British officer and surgeon, who had earned his gratitude. There were, however, many dealings with the Indians for private grants, which were connived at or openly favored by later Commandants, without any color of right. It appears incidentally that the inhabitants of Detroit had been regularly taxed to keep up the fortifications. In 1 765, when Colonel Campbell was expecting to leave, a remonstrance was sent to him against these taxes as oppressive. The burden, however, does not seem to have been a new one. Not long after, a subscription was made by the traders and others, to put the fort ' At the same time, or within a few days, I'ontiac made several other grants in the same vicinity, all four arpents hy eighty. Chah. VII. I EARLIEST JUDICIAL COMMISSION. 141 and stockade in complete order. In 1766. a receipt is found for three pounds Yori< currency. on a farm outside the tort, levied by Colonel Campbell for lodging troop.s.' In 1765, Philip Le Grand appears to have been acting as justice of the peace, and notary, proba- bly appointed by Hradstreet. He seems to have held the office for several years. In 1776, he acted in a matter where Philip Uejean was inter- ested. He could not have done much except when the latter could not act, and there are some indications that Dejean was expected b\' General Gage to practically supersede i^e (irand. The common law powers of a justice did not extend to the trial of causes, but only to the examination and committal of offenders. In 1 767, we find the first steps taken to pro- vide for the administration of justice. On the 24th day of .April, 1 767, Captain Cieorge Turnbull, of the 60th or Royal .American Regiment, Com- mandant of Detroit and its Dependencies; issued a commission to Philip Dejean, merchant in Detroit, of a somewhat peculiar and comjirehen- sive character, which ran as follows : "I do hereby nominate and aj^point )ou Jus- tice of the Peace, to Incjuire into all complaints that shall come before you, for which purpose you are hereby authorised to examine by oath such Evidences as shall be necessary that the Truth of the matter may be better known; Pro- ' Wayne Records. 142 SECOND JUDICIAL COMMISSION. fCHAr. VII. vided always that you give no Judgement or final award b"t at their joint Request, and which by bond they bind themselves to abide by, but settle the Determination of the matter by Arbi- tration, which they are likewise to give their bond to abide by, one or two persons to be chosen by each ; and if they cannot agree and have named Two only you name a third, and if Four, a fifth, and their Determination or award to be approved by me before put in Execution. I further authorise and Impower you to act as chief and sole Notary and Tabellion, by drawing all wills Deeds &c, proper for that Department, the same to be done in English only, and I also appoint you sole Vendue Master for such sales as may happen here, in the usuaj and accustomed manner. Given under my hand and seal at Detroit this 24th day of April 1767." (signed) Geo. Turnbull. On the 28th day of July, 1 767, Robert Bayard, major commanding, gave him a further commission, as follows : "Whereas it has been represented to me by the Trading People and others reciding at Detroit that some Tempery form of justice for the recovery of Debts &ca, was become absolutely necessary, and having taken this matter into consideration, and finding the utility of such an Establishment, I have accordingly granted them a Tempery Court of Justice to be held twice in every month at Detroit, to Decide all actions of Debts, Bonds, CBAf. VII] JUDGE DEJEAN INVESTIGATED, 143 Bills, Contracts and Trespasses, above the sum of Five Pounds' New York Currency, and confidinjT in Philip Dejean for his uprightness and Integrity, 1 do hereby nominate and appoint him the second Judj^e of the said Court of Justice at Detroit. Given under my hand and seal at Detroit, the 28th day of July 1767. "(Siorned) "Rob^ Bayard, Major Comm> at Detroit. To Philip Dejean Esq'''-'' The firct judtje was doubtless the Commandant, who always retained control of affairs. Major Bayard at the same time established a fee-bill, approved by a committee of citizens. Mr. Dejean, of whom we shall hear further, was a merchant who had been unfortunate in his busi- ness. Within the next year he seems to have given occasion for complaints — apparently for extortion. But for some reasons not appannit — (although from his after life it may be assumed it was a peculiar influence at head-quarters) no one dared to come out openly and oppose him. On the 28th of May, 1 763, at Dejean's request. Captain Turnbull called a court of inquiry, "in consequence of complaints made against him." who reported that they, "having I3uely heard and carefully examined into the Grievances set forth by the said Philip Dejean Elsq"^^- are of opinion First, That the Fees established by the Committee appointed by Major Robert Bayard on the estab- lishment of the Court of Justice at Detroit are ■ « Twelve dollars and a half. 144 DEJKAN APPROVED. [Chap. VII. just and reasonable and ought not to be less. Secondly, That evry Prisoner contin'd in the Guard House, whether for Debt or Misdemeanor, shall on his being sett at Liberty, i>ay One Dol- lar, and evry Batteau or Canoe arriveing here loaded with Merchandize belonging to any Person or Persons not possessing in Property any Lot or Building within this Port, shall pay Two Dollars, and the monies ariseing from thence to be aply'd as in the time of the French Govern- ment to keep in Good and sufficient Repairs the Fortifications around the Town, as will more fully appear in our former Petition to Capt" Turn- bull for that Purpose. Thirdly, No Person having appear'd before us to make any Com- plaints against said Philip Dejean with respect to his publick office, we are of opinion that they were ill-founded and without cause." This is signed by "jfames Sterlino, Colin Andrnvs, T. Williams, Will'" Julj^ar, John Kobison, liustixchc Gamclin, P. St. Cosine. J. Cabacicr, Cicotc, 7\ Mollciw A. Barihc. It would seem that some movement was on foot to remove Dejean, as on the 26th of May a very brief certificate, whereby the signers "do vot(; for and unanimously approve of Philip Dejean to be judge and Justice of the District of Detroit and its Dependencies" was signed by thirty-three; persons, of whom five were French, and the rest English, .Scotch and Dutch. On the 13th of June, 176S, a petition in P'rench Chap. VII. 1 MISCONDUCT OK ROGERS. 145 was drawn up addressed to (ieneral (iaoe. and signed by twenty-five sipi^ners, to the same effect, the principal reason L,nven ioeiny; that Dejean " understands both Kn^dish and French, and is therefore much I>etter able to decide the difficul- ties which may arise between the ancient and new subjects of His Britannic Majesty." (ieneral Gage dill not disturb the appointment.' About this time a court of incjuiry was held to pass upon Bellestre's title to several lots in Detroit, and he appeared before them and estab- lished his claims.' Meanwhile Mackinaw had been re-established. In 1766 complaints were made that affairs were not going on properly there. The next year evidence was obtained that Robert Rogers, who was sent there in 1765, was intriguing by lavish presents and otherwise to get intluence with the Indians, for the ultimate purpose, as was then supposed, of getting a separate colony or other establishment for his own emolument. He ob- tained the means b)- drawing large drafts which were not honored, and becaine involved very heavily, and comjoletely demoralized the savages. He was afterwards chargetl with having meditatetl surrendt;ring Mackinaw to the French or .Spani- ards, and was taken down to Montreal imder arrest, and as some say in irons, and tried by court martial. He could not have be(m convicted > W.iync Kccorils, A , 35. 3 id., i!., ,2^. 10 146 SUBSEQUKNT CAREF.R OF ROGERS. FChap. VII. of treason, for he was soon afterwards at larcre, and went to Algiers and entered the service of the Dey. The narrative of his doinjjs at Mackinaw, as given by the depositions which led to his arrest, shows that he must have had some designs inconsistent with honesty as well as loyalty, but it is difficult to say just what they were. A letter was intercepted from Colonel Hopkins, (who appears to have been well acquainted in Detroit, but through some discontent or other cause to have entered the French service,) urging Rogers, in a vague way, to gain over the Indians, and offering to use influence, if he should desire it, to get him employment from France. But the writer was evidently desirous of having the American colonies independent, and urges Rogers to strive for that ultimate end.' Tiie letter is one of the earliest writings looking towards American independence. Rogers was unquestion- ably a dishonest and selfish adventurer, who was inordinately ambitious and unscrupulous, and his course gave much un(;asiness to the British authorities. It is not likely he determined his course by any standard but his own profit or advancement. When the Revolution opened he played a double part, professing patriotism ; but as the Americans had no faith in him he joined the British and obtained a colonel's commission, J 7 N. V. Doc, 988, 993. 8 N. V. Doc, 36 Chap. VII. J MINES ON LAKE SUPERIOR. 147 but never distinguished himself, and passed into utter obscurity.' The British Ministry, in March, 1 768, wrote very strongly to Sir William Johnson in regard to both Rogers and Chabert de Joncaire, as dan- gerous and treacherous men, whose conduct revealed the necessity of " the utmost circumspec- tion and attention of His Majesty's servants in America, as in the present state of some men's dispositions in that country, when one corres- pondence of that dangerous tendency is discovered, there is reason to apprehend there may be more of the same kind."' The recent cession to Spain of the French possessions on the Mississippi very naturally sug- gested the danger of dealings by the discontented colonists with Spain. The idea of any independ- ent resistance was not at that time familiar in England. The Lake Superior country at this time assumed a temporary importance. Alexander Henry, on his second journey, examined the mineral country, which had been known long before to the French, though not worked. In 1768, Hillsboro' informed .Sir William Johnson ' He raisc'l a corps of American Tories called the Queen's Kanpers, and after he went to Kimland (about 1777) he was succeeded in its com- mand by Simcoe, who was afterwards (lovernor of I'pper Canada, and bitterly hostile to the United States. — Sec Cami/J/'s SiltUnuiit oj Upptr Ctinaiia, /. 71. ■' Hillsboro' to Sir \V. Johnson, 8 N. Y Doc , 36. 148 MINING ON LAKE SUI'EKIOK. [Chap. VII. that an application liad been made for a t^^rant of all the lands within 60 miles of Lake Superior, and desired him to report on the' subject.' His report has not, it is believed, been published, but Henry seems to have gone on his second expe- dition to explore for copper, and was probal)ly in the scheme. He visited the east shore of the lake, and examined Michipicoten and Caribou Islands. At Point lro(|uois, on his return, his companion, Mr. Norburg, of die 60th Regiment, found a semi-transparent blueish stone of eight pounds weight, which, on assay, produced sixty per cent, of silver. It was deposited in the British Museum. ;\ mining company, consisting of several noblemen and other prominent men, including .Sir William Johnson and Alexander Henry, openeil a mine on the Ontonagon River, and did some work ; but the inconvenience of access and other difficulties led to its abandon- ment. The great copper boulder' which Henry had visited in i ;66, and from which he had cut with an axe a piece weighing 100 pounds, was the attraction which led to the enterprise. It was an object of superstition among the Indians, who never disturbed articles left on it. « 8 N. V. [)oc., 02. a Thi.s waj; ahuiil ihirly years ago taken to WashiiiRton by Julius Eldred, ol Dt-tioit, and it is now in the possession ol the (Jovernment. Several masses much larger have since been taken from the mines, but this is the largest mass ever lonnd as a l)0ukler at a distance Irom any mining ground. Chap. VII. 1 CONDITION OF THE SETTLEMENTS. 149 As no such grant was ever set up afterwards, and as the Indian title was not extinguished till within the last forty years, it is probable nothing was obtained beyond a license. The ideas of these early speculators were not limited by mod- erate bounds. The first attempt to get access to the mines in our day was in 1822, when a company of persons in New jersey sought to get a grant of 40.000 acres of the same lands, to be selected in parcels and not in one tract, at a rent to be fixed at that time.' The proposition was not accepted. The Mackinaw settlement was long without any great importance. The post had become less valuable than in the days of the I^Vench. At Detroit, although some of the people had gone westward, there was a stead) but slow increase, and the inventorit^s of estates show that domestic animals w(!re abundant. By confounding the estimates o* the people within the fort with those of the set lenient, some; confusion and apparent contradictions have arisen. The settlement, as early as 1774, extended on both sides of the river, for several miles above and a few miles below th(; fort. Although no intlian land grants were lawful, yet as before niention(;d, several were connived at. The- Potawatamic; village and cemetery, then below, but now within Detroit, were conveyed by that tribe to Robert Navarn; the younger, and Isidore Chene, on the charge ■ 4 St. I'apeis, I'uli. I. anils, ^41. 150 AFFAIRS AT DETROIT. [Chap, VII. that the several grantee.s should dwell there and care for the dead. The Navarre sale was approved by Major Bassett, in 1772. That to Chene was sanctioned by Lieutenant Governors Hamilton (in 1776), and Sinclair (in 1781.)' In 1774, Major Bas- sett, on the complaint of the inhabitants that their lands were encroached upon, appointed James Sterlintr to survey them, and directed that his sur- veys should be conclusive. The people, since the Pontiac war, had not been disturbed, and many who had before lived in the fort were now dwelling on their estates. The King's Receiver collected the same dues which had before accrued to the French Govern- ment for annual rents and fines of alienation. Captain Turnbull in one case (and very likely in others) commuted the dues of a farm four arpents wide for "iv'.r s/ay loads of icood, French measure." The traineau, drawn by one pony, usually held about one-third of a cord, so that this made about two cords, in lieu of one bushel of wheat, and four livres, two sols, cash or peltries.^ The commission dc orand voyer (road commis- sioners) had charge of roads and bridges, and apportioned the taxes for their support. Where a bridge was a private charge, it was allowed to re- lieve the owner from other bridge taxes to the amount of its expenses.^ In spite of their increasing prosperity, the British refused to give the people any government. « Wayne Records, A., 256-7, » id., Ii6. 3 Id., 158. Chap. VII.J OPPOSITION TO COLONIES. 151 Although Johnson and Shelburne, as well as others, had urged It, and the two Franklins were unwearied in their efforts, the Board of Trade settled down upon the selfish course which was so soon to arouse resistance in all the English-speaking colonies. Their whole policy was "to prevent manufactures,"' This they thought " would not be promoted by these new colonies, which being proposed to be estab- lished, at the distance of above fifteen hundred miles from the sea, and upon places which, upon the fullest evidence, are found to be utterly inaccessible to shipping, will, from their inability to find returns wherewith to pay for the manufactures of Great Britain, be probably led to manufacture for them- selves." They meet the argument that such colon- ies will raise provisions, in this way. "The present French inhabitants in the neighborhood of the lakes, will, in our humble opinion, be suffi- cient to furnish with provisions whatever posts may be necessary to be continued there ; and as there are also F'rench inhabitants settled in some parts of the country, lying upon the Mississippi, between the Rivers Illinois and the Ohio, it is to be hoped that a sufficient number of these may be induced jto fix their abode, where the same convenience and advantage may be derived from them. * "' * The settlements already existing, as above described, which being formed under military establishments, and ever subject to military authority, do not, in our humble opinion, require any further superintendence ' Mills, 30. -1. .-—_„;_.:,-_ ._ , 152 QUEBEC ACT. [Chap. VII. than that of the military officers commancHni^ at these posts."' The necessity of concihatin)^^ that part of the Province which was well settled, and had been before under laws and civil institutions, led to the enactment, in 1774, of die Quebec Act, whereby, ostensibly, the whole country was to be assured these privileges. It was delusive everywhere, and the Historian (iarneau finds a lack of words to express his indignation at the course pursued under it.'' By our Declaration of Independence it was denounced as unfavorable to liberty. If the Detroit colonists heard of it, it was but as a distant rumor of somethino^ which did not affect them. No news- papers then circulated in the IVovince, and the Michigan colonists, perhaps, would not have seen them if they had existed. Nevertheless, stirring- times were approaching. ' Mills, ^2. « ( ianieaii, passim. CHAPTER YIII. MICHIGAN UM:)Ek HRITISH LAW. In 1774, an act was passed by the British Parliament, commonly called the Quebec Act, by which the entire liritish possessions west of New York, north of the Ohio, and east of the Mississippi River, were incorporated into the Province of Quebec, and made subject to its government. The laws of Canada, as they had been in force before the Conquest, were nominally made the rule of decision in civil matters, and the English law in criminal matters; and this has been quite generally supposed to be the scope and chief design of the statute. If this had been so, the strong condemnation of this Act in the Declaration of Independence would have been exaggerated. It is there described as an act " for abolishing . the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its bounda- ries, so as to render it at once an example and a fit instrument for introducing the same absolute rule into these colonies." Although this statute was smuggled through the House of Lortls, and urged in the Commons, as an act of justice to the Canadians, it was 154 QUEBEC ACT. fCHAH. VIII. contrived and really intended to prevent settle- ments in tile colony, and discourage Englishmen from going there, by depriving them of the benelit of English law, both civil and criminal. Hillsborough and Thurlow had combined to resist all new settlements, and when Franklin had at last succeeded in obtaining the consent of the council to establish a colony south ot the Ohio, rhurlow contrived to prevent the sealing of the order.' When the Ouebec Act was sent down to the House of Commons, the course of the Minis- try was such as would not be tolerated in modern times. Burke, Colonel Barre, Pox, and many other distinguished men, opposed it bitterly. But, before discussing its provisions, calls were made on the (.Jovernment for information and documents in the public offices, and for the official opinions of the law officers of the Crown on various matters laid before them. This information they failed to get. The law officers who were summoned before the House refused to make any disclosures, on the ground that their opinions belonged to His Majesty. Dr. Marriott, the civilian, not only refused to make disclosures of the tenor of his official reports, but treated the other questions put to him in a strain of impertinence not often parallelled. The opposition succeeded in correcting a few defects, and in procuring for the inhabitants a right to make wills according to either English or French law. But beyond this they had no success. • 5 Bancroft, 47. Chap. Vm.] QUEBEC ACT 155 The statute, while estabhshing nominally the Canadian and English law, as furnishing rules of decision in civil and criminal cases respectively, made no attempt to determine what were to be deemed the old laws of Canada, although there had been much dispute upon that subject. Chief Justice Hay, of Canatla, who was a witness before the House, admitted he knew nodiing about the French law ; and when an objection was made to the act that it jnit all the existing judges out of office, it was answered by an assurance that they would be continued. The whole legislative power was put in the hands of the Governor, (and in his absence the Lieutenant Governor or Commander-in-Chief) and a council of not less than seventeen nor more than twenty-three, all appointed by the Crown, whose acts might be reviewed by the King in council. All the ordin- ances of the Province, whether under French or British authority, were annulled. No provision was made for a future assembly, except as a possibility. Ordinances of the new legislative board extending imprisonment beyond three months were to require the Royal approval, but there was no limit to the imposition of fines or forfeitures. No provision was made for the regulation of courts, which were left entirely at the pleasure of the King, to create and regulate as he chose. An attempt to introduce a right to the writ of habeas corpus was opposed by the Ministry, and defeated. The claim that a repre- 156 gUERKC AC I. (Chap. Vltl. sentative legislature should Im? introduced, was resisteil on tli(; Li'round that there were less than four hundred Hnj^lishmen in the Province, and that although the French population had become numerous, the idea that th(!y should have any such civil rii^hts was preposterous. They w(!re spok(;n of as if thc;y had no claim to be rej^arded as IJritish subjects, but only as a conquered peo- ple holdini^ all their jirivilej^es by favor. When Lord Mansiield was attacked by Lord Camden for his course in sustaining the bill, as incon- sistent with his former advocacy of the ri)^hts of the." Canadians, he practically recanted his old assertions, and went all lencfths with Thurlow. Mansfield, with all his ability as a juds^e, was no friend to freedom. The House of Lords, on the return of the amc;nded bill from the Commons, was compelled to listen to Chatham and Camden, who with sound law and manly eloquence denounced the atrocious measure, and were answered with nothing- better than the impudent audacity ot men who cared nothint^ for colonial liberty, or for any human rights beyond the four seas, lu'cn Ireland was pressed into the service, to show that Canada was treated in the same way, and that there wo^re already places under the control of the (iovernment where the writ of hahcas corpus was denied. It was soon made manifest that Canada was to be governed by unmixed Royal prerogative, and used to annoy the other colonies. The control of CiiAi-. VIII. 1 PEiniONS AGAINST THE (.)UKIiKC U T. 15; Indian affairs was tak<,'n away cntirt-K from the- ICnglish-speakin^j^ colonies, and cc-ntrtHl in Oiiebec. Judges were appointed who had no knowledge of French law, and the (iovernor and Council showed no desire to supply the deficiencies of the Act. .Sir Guy Carleton. afterwards Lord Dorchester, was much respected, but not calculated to manage civil reform. Within a few months repeated protests and peti- tions came to England from the British and Trench people of the IVovince, but when they reachetl official custody they wert: laid aside without notice. When Loril Camden presented such a |)etition in the House of Lortls, he was much abused for doing so, and the Lortls on the (iovernment benches admitted that they had receivetl and suppressed such documents, and insisted he had no rii>hl to introduce it. Chatham and Camden laboretl zeal- ously for the repeal of the Ouebec Act, and claimed that its mischief had now become palpable. Hut they failed, and their bill was defeated, akvi- a hard fight in both houses. It is stated that an intimation was given to the petitioners, (who especially de- manded an assembly and habeas corpus,) that they might have what they chose if they would allow the principle to be maintained that Parliament had an unlimited right of legislation over the colonies. This principle apparently was not manifest to the petitioners. In the original Quebec Act, as it went down to the Commons, the right in the colonial authorities to levy any taxes whatever was pro- 158 LIEUTENANT GOVl.KNOK FOK DETROIT. ICmap. VIII. hihited. In th(.' Coininons an amendment was ob- tained, allowing the council to iin|)ose such taxes as the inhabitants of the various local districts should vote for roads, buiUlinus, and other local purposes; but this was all. It is a matt(;r worth n^cordinj^ that at the head of tlu; (Quebec committee on the princ:i|)al petition, which was signcnl by nearly (^vt-ry U.-ailinj^r person of British orij^in in (hielxn: and M(jntreal, stands th(; name of Zachary Macaulay. Tiiis patriotic j^enlle- man, from his peculiar name, must have been a kinsman ol the abh; man who aftc.'rwards became one of the principal supporters, if not tlu- ori^nna- tor, of the movt:m(Mit against tlu; slave tradi;, and was a friend and counsi-llor of Clarkson and Wil- be-rforce, and tlu; other " wise nuMi ol' Clapham," who wrA'c always (Jii the side ol Irei' institutions. The fame of that second Zachary Macaulay has been overshadowed by that of his (.'ininent son, Lord Macaulay, the historian. Ills relationship to tlu; ( Juebec merchant is not known. Althou};h in the lower parts of the Province, where the settlements w(;re more dense, the system of government assunu;d an external apju-aran •.• .)l leji^al formality, no attempt or prtitence was made to relieve the western rej^ion from martial law. A lieutenant j^overnor was sent to 1 )etroit, who had almost, if not (|uite, absolute authority. I lenry Hamilton was lirst appt)int(;d in that cajjacity, and he arrived at Detroit in 1775. The old system was to terminate May 1, 1775. It was not till 1 788 that Chap VIII. ] I.OIIRTS KsTAHMSIlID l/.O any courts whatever were estal)lislu'(l in I'pper Canada. In that year, on the 24th of July, Lord I )orch(!st(;r, by proclamation, created four thstricts in Upper Canada. The District of Messe embraced all the country west of l-onji^ Point, on Lake L>ie ; and as Detroit was still retained in liritish posses- sion, it canK; within the jurisdiction of that district.' I'he courts w<'re called Courts of Common IM(;as, beinj.,'^ courts of record, with a clerk and sherifl. Thtfir jurisdiction was plenary, with no appeal unless to the (Jovernor and Council, These judj^''(;s were not bred to th(! law, as there were no lawyers in L'pper Canada until 1794. I hey wen- jr(;n(^rally men of wealth and inllueiice, and in civil matters ' 'ir judoinc-nts were probably ju.i. They knew uothinn ol criminal law, and lianished, imprisoned, whipped or pilloried, such unlucky ( ul prits as were convicti^d before th<'m. It is errone- ously stated by Canniff that the lu'st person lianiLjed in lIjjpcT Canada was convicted before jud^^e Cart wrij^^dit, of the Mecklenburm^ District." 'he honor (or dishonor) of that judicial exploit belongs to jud^re Dejean, althouj^^h there \v<'re perhaps some court-martial cajjital convictions before. These lay officials of all ranks in the remote districts mai^nified their office. The Wisconsin annals contain many curious anecdotes of one Resume, who in earh' times had a commission as justice of the peace at (ireen l^ay. which is said (perhaps incorrectly) to have run throuidi various > (. aniiiH, 506. ' Canniti, 508 160 ROUGH JUSriCE. [Chap. VIII. regimes without renewal, and to have served as a support for judicial powers at discretion. An an- cient settler.' in his reminiscences, speaks of it as rather creditable to Judge Reaume, that he never inHicteil cai)ital punishment. In emulation of the great Oriental potentates, hut lacking a signet, he summoned parties before him by sending his jack- knife, in lieu of process ; and no one who saw the symbol ventured to disobey. His judgments were also Oriental. Where specific duties had been violated, he granted specific performance. In other cases, he served the ends of justice by recjuiring the party or parties in fault, (for sometimes he gave judgment against both,) to furnish him a supply of wood, or work in his garden. As, during his long term of service, he was within the jurisdiction of Michigan, we can safely claim the fame of this worthy magistrate for our own glory, whereof pars maj^na fuit. He has not been without followers in our -State county courts, when for a few years the Law Reformers assumed the mande of Jack Cade, and tried causes by the light of nature. A very upright magistrate of this stamp, some twenty-five or thirty years ago, having a culprit before him, chargty^l with larceny, of which there was no proof, deemed it his duty, nevertheless, to convict him ; because, though innocent of the charge in question, he had committed depredations on the judge's woodpile, and thereby disturbeci the peace and ilignity of the State of Michigan. ' (Jiignon's Narrative. Chaf. VIII.] court of COMMON PLEAS 161 The Common Pleas Judges of Detroit were usually educated and intelligent gentlemen, whose decisions received and deserved respect. Il was not remarkable that such of them as were of F"rench extraction, and entirely ignorant of British law, should commit blunders and exceed their powers. These latter have not generally been guilty of intentional wrongs, but it was a long time before they had the means of knowing any- thing about legal matters, and under martial law they went very far. The first Judge of Common Pleas for the District of Hesse was the Honorable William Dummer Powell, whose reputation has not been questioned. He was appointed in 1 7iglish to join them, and completely denied all the stories against the missionaries, who had studiously avoided any conduct which could favor either side, and had endeavored to preserve the Indians from hostilities. De Peyster was finally .satisfied, and thereafter was very kindly disposed and aided them liberally. Having returned to Sandusky, they were subjected to renewed threats 184 • NEW GNADEMMUTTEN. [Chap. Vtll. and indignities from Girty. De Peyster sent word to bring them back to Detroit, but to treat them kindly; and in April, 1782,- they came back under escort. The Commandant told them he had taken this course for their safety, and offered to give them means of returning to the central mission at Bethlehem, or to allow them to remain. They decided to remain, if they and their flock could settle near Detroit. By arrangement with the Chippewas, dwelling on the Clinton (then known as the Huron) River, about twenty miles northeast of Detroit, they fixed their colony near the mouth of that stream, a few miles from Lake St. Clair. De Peyster contributed such outfit as they needed of utensils and provisions, with some horses and cattle, his estimable lady also adding other useful presents. The Church of England "Society for the Propagation of the Gospel in Foreign Parts " sent them a draft for one hundred pounds sterling, which was a very timely gift. On the 2 1 St of July, 1782, Zeisberger and Jung- man, (married missionaries with their families,) and Edwards and Jung, (unmarried missionaries,) with some white families, including that of Rich- ard Connor, and several Indian converts, reached their new refuge, and solemnly in prayer conse- crated it to the ^^ervice of the Lord, under the name of Gnadenhutten, in memory of their old home on the Muskingum. It was usually called New Gnadenhutten. In August they had com- pleted a village, consisting of a street of block- Chap. VIlI.J COLD WINTER 185 houses with substantial outbuilding^s. De Peyster, (now colonel) was an active friend, and Governor General Haldimand also befriended them. On the 5th of November, 1782, they opened their new church. In 1783, the sugar crop was large, and the people, white and red, were enabled by . their hunting and manufacture of wooden wares, to keep themselves supplied with all they needed. On receiving news of the peace, which reached them in May, they endeavored to gather in from Ohio more of their Indians, and succeeded quite well in doing so. By a mistake in the kind of corn which they had planted, they lost that crop by early frosts. The next winter of 1783-4 was one of the severest on record. The Ice on Lake St. Clair, a mile from shore, was three feet two Inches thick, and the snow five feet deep. The winter of 1874-5 resembled it more closely than any year within living memory. The deep snow interfered with hunting, and the ice with fishlny;. The winter was a trying one, but they succeeded in getting a large quantity of venison from a herd that strayed into the neighborhood, and with the surplus of this they purchased corn. In the spring they made sugar, and caught an abund- ance of fish, and, when the snow melted, gathered quantities of cranberries. Detroit furnished a ready market for all they could spare. A straight road had been run for their accom- dation from Tremble's mill, on Tremble's (now 186 GOVERNOR HAV. [Ciiai.VIII. Connor's) Creek, to the Moravian village, thus very much shortening the otherwise long and round- about lake shore road. This was the first inland road made in Michigan. In May, i 7S4, they came to Detroit to bid fare- well to Colonel De Peyster, who was about depart- ing, and who commended them to Governor Hay, (Hamilton's companion,) who had just been sent out to take charge of the post. Hay had recently been in England, where the case of the mission- aries had received attention, and he had been directed to encourage them. As this was a year after the peace, and before any serious controver- sies, it indicates pretty clearly the insincerity of the British Government in rejjard to their treaty obli- gations to quit the post. Governor Hay died the same summer, having had no time to make any mark on the settlement. His character was respected. He left a family of three sons, one of whom, Henry Hay, be- came an officer in the British Army, and was stationed at Detroit in the last British com- mand. The writer was many years ago informed, by a family connection of Governor Hay, that his remains were first buried behind and near the Chateau or Governor's House, on the corner of Jefferson Avenue and Griswold Sfeet, and after- wards removed by the informant to the new ceme- tery, established in 1827, and placed in the Catholic portion of that ground. That cemetery has now been vacated, and probably there has been another removal. Chap. VIII.] DEPARTURE OF THE MORAVIANS. 187 Major William Ancnim succeeded to die com- mand. By diis time the Moravian town had become a neat and pleasant villa,i.,a;, well laid out and sub- stantially built, with considerable clearinjj^s. The Chippewas, however, were gettintr tired of agri- cultural neighbors, and the settlers determined to move to some other place. They went from New Gnadenhi«;ten to the south side of Lake P>ie, whence, m i 790. a large number moved over into Upper Canada, and settled on the Thames River, near the battletield where Harrison defeated Proc- tor, in 1 81 3. Richard Connor and his family re- mained behind, and kept their farm. His sons, Henr)', William and James, became prominent citizens. Henry Connor was a noted interpreter, (known as Wabishkindibe, or White Hair,) in whom Indians and whites placed implicit confidence, which he fully deserved. He was a very upright man. jv-^.'-:- ,,,; -.,-;■, ^^ ■^.-/"■i.', In 1 788, Ancrum and John Askin, who had been kind to the missionaries, and who claimed to have purchased out their rights for a sufficient considera- tion, obtained from the Chippewas a grant of 24,000 acres, including the Moravian town and a large tract besides. Askin subsequently testified that there were more than twenty houses and their outbuildings, and that the Moravian road had been built by himself and Ancrum, with some help from the Moravian Indians. Askin and his son, with one John Cornwall, obtained also a Chippewa grant of twenty-four m'les long by two leagues 188 REMOVAL OF FORT MACKINAW. [Chap. Vlll. wide, incliidini^ that road, and a league in breadth on each side of it. These ^^rants were made after the treaty of 1783, and were in violation of the British and American laws, and were disallowed. Connor and some neighbors were confirmed in their claims to single farm holdings, as actual settlers. After Patrick Sinclair went to Mackinaw, and toward the close of the Revolution, he made prepa- rations for removing the fort from the main land to the Island ot Michilimackinac, for which he obtained the consent of the tribe of Chippewas in occu- pancy. The new fort was occupied in 1783. By the preliminary treaty of peace of Novem- ber 30, 17S2, it was unconditionally agreed that " His Britannic Majesty shall, with all convenient speed, and witiiout causing any destruction, or car- rying away any negroes, or other property of the American inhabitants, withdraw all his armies, gar- risons and fleets from the said United States ; and from every part, place and harbor within the same ; leaving in all fortifications the American artillery that may be therein ; and shall also order and cause all archives, records, deeds and papers be- longing to any of the said States, or their citizens, which in the cQurse of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong." And by further articles it was, January 20, 1 783, agreed that in all places without exception, (unless when a shorter term was specified,) five months should be the utmost term of Chap. VIII.] FORTS RETAINED BY TIIK BRITISH. 189 hostilities, or for the validity of hostile acts. Notice was received in Detroit in May, 1 783, if not earlier. The final treaty of September, 1783, recognized and adoj3ted the preceding action from its original date. General Washington was persuaded, and de- clared from the first, that the British (Government were not acting in good faith in this matter. In August, 1783, when Baron Steuben was sent to Governor (General Haldimand to demand posses- sion of the western forts, he was not only refused, but was not even permittt;d to visit them ; and the Governor declined in any way to facilitate or ex- pedite the business. His course towards .Steuben was reported by the latter as uncivil. He wrote to General Washington a letter, respectful in form, in which he excused himself for the refusal on the ground that he had received no orders from His Majesty. New York was evacuated on the 25th of November, i 783, and the Continental Army was disbanded. Great Britain never notified the Governor of Canada, or any one else, to give up the western posts, and they were •retained, in spite of protests and remonstrances, until the breaking out of the French Revolution, and the prospect of further wars, made it expedient to surrender them. But during nearly all this period, and especially from 1 786, the emissaries of Great Britain were busy in keeping up a hostile feeling among the Indians in the Northwest against the Americans. There were, in 1 786, and thereafter, some mutual 190 VIOI.ATtON OF IKF.ATV. fCiiAP. VIII. j^rounds oi" complaint for alleged violations of the treaty, I)iit none in 17S3, '84 or 'o(i\ and not by ballot. Solomon Sibley, Jacob X'isger, and Charles F. Chabert de Joncaire (the Chevalier de Joncaire before mentioned), were chosen Representatives. The Legislature was sum- moned to meet at Cincinnati, on the 4th of Feb- ruary, I 799. The first Council consisted ot James Findlay (afterwards Colonel during the war of 1 81 2, and with the army at Detroit,) Judge Jacob Burnet, of Cincinnati ; Henry V^anderburgh, (after- wards a Judge of Indiana Territory) ; David Vance and Robert Oliver, (a Colonel of the Revolution.) 220 I'ERKl lURIAL LAWS. [Cma». IX. (jcneral William Henry Harrison was chosen Delegate to Congress. The previous Territorial Code adopted by the Governor and Judges was found very imperfect, and the Legislature had much work to do in sup- plying its defects, especially in regard to that large class of cases involving remedies not found in common law proceedings, and usually granted in equity. The courts had not been granted equity powers. The delegate was instructed to obtain for the Territory the title to the sixteenth section of lands in each township, and the entire township of land, which had been promised by the Govern- ment in aid of schools and colleges. The Legis- lature also passed laws for the protection of the Indians, and especially to prevent the sale of ard- ent spirits. There was a strong feeling against the extent of the Governor's veto power, as well as his assumed power to control the entire di- vision and erection of towns and counties ; and Congress was petitioned to restrict them. Gover- nor St. Clair was very much inclined to use the veto power, and did it so freely that legisla- tion was almost suspended, and the organization of the State became desirable to avoid further trouble. The munificent scheme of devoting a certain proportion of the public lands to education, was devised in the earliest days of the Re- public. In 1785, the sixteenth section in each township of six miles square was first pledged to CMAr. IX.l SCHOOLS. LAND TITLES. 221 the support of the schools of such townships, and in th(; great Symrrjes purchase one township was to be used for the purpose of higher education. This early recognition of the necessity of schools and colleges, enforced in the form of a perpetual compact between the Government and the people and States in the Territory, has been a source and stimulus of intelligence, the importance of which cannot be estimated. The duty of the State to educate her children, generously and thoroughly, can never be disregarded without violating the pledges on which the rights of the State and Ter- ritory were created. While the population of Wayne County was large compared with that of other parts of the Territory, there was a serious obstacle in the way of its advancement. The Indian title had only been extinguished in a strip six miles wide be- tween the River Raisin and Lake St. Clair ; a small tract about Mackinaw, and a few detached parcels that afterwards fell within Ohio. The De- troit settlement was regarded as the most pros- perous in the Northwest. That at Mackinaw was likely to become important. But until more lands should be brought into market there could be no rapid growth. No steph had yet been taken to ascertain what lands had been lawfully transferred under the French and British rule, and this also stood in the way of further settlement. Efforts were made to bring these matters into adjust- ment, but some years passed before any progress was reached. 222 DIVrSION OK IHI' IKKKriDkV IChap. IX In I Scxj an act (jI Coiit^^ress prox itU-d that atlcr July 4th of that year the TtTritory should he dividfil. throvvinj4 into tin- new TtTritory of Inthana tht- country inchided in two ot tht- thrt-c orij^inall) proposed States contemplated by the ( )rdinance of 1787. The Hne between Indiana and the remainder was run due north from I'ort Recover) to the National boundary in Lake Superior, passing a few miles west of Mackinaw. It was for a time in doubt whether Mackinaw was in Indiana or the Northwest Territory. General Harrison was first Governor of Indiana, and Juiloe \'anderbur<^di's residence there made a vacancy in tht: Council, which was filled by the selection of Judge .Sible\'. The seat of government was removed by Con- gress from Cincinnati to Chillicothe, a step which caused much discontent, and which was regarded as an infraction of the stipulations of the ( )rdi- nance of 1787, which gave the Legislature of the Territory plenary powers of legislation. The Council thereupon passed a bill fixing the met^t- ings in rotation at Marietta, Cincinnati and Chilli- cothe. The House agreed in the right to do this, but disagreed as to the places, and nothing more was done at that time. Accordingly, in November, 1801, the Legis- lature assembled in Chillicothe, where they re- mained in session, until January 23, 1802. At this session the town of Detroit was incorporated, with a Board of Trustees, and with power to make by-laws and ordinances for the regulation CiiAi. 1X.| IHsniRHANt E Al i HII l.l( .HHK 228 of tin- town. Jiul^t! Sihltty was succt*4 the session. The removal of the seat of ^ajvernment to Chillicothe was very severely criticised by various members, and the- people of that town were charjj^ed with intrii;uinj4 for it. and the (Jovernor had also expressed himself against it. Mr. .Schieftlin had been especially emphatic in de- nouncing it. A mob of townspeople, coun- tenanced by prominent citizens, created a riot, ami assembleil befori' the house where the (iover- nor and .Schieftlin lodgetl. They at length forced the door, when Mr. .Schieftlin met them with a brace of* loaded pistols, and drove them back into the street. They kept up their disturbances twt) nights without serious harm to any one. Hut the Legislature, to signify their sense of this con- duct, adjourned to meet at Cincinnati the next November. Movements were now set on foot which were to terminate in the speedy establishment of a new .State. Wayne County was not consulted by the promoters of the scheme, as Judge Burnet states, for political reasons. On the 30th of April, i:':'!'^ ■^■.:;:,r':;, ■■'. ^,^j .-.^, :..■ ;; The other misdemeanors most common were horse racing and bowling. Canadian ponies and their masters were as prone to racing as the he- roes of the turf in England; and no amount of fining could keep the prosperous burghers from trying their speed in the narrow streets of the 228 PASTIMES. BRITISH FORT. (Chat. IX. town. But a more dangerous pastime was rolling cannon balls in the streets. Ninepin alleys required more room than the short blocks afforded, and the narrow highways were tempting substitutes, while an eighteen-pound ball required strength and skill to send it swiftly and straight along the ground. It is not without interest to see that the culprits brought before the Trustees for these transgressions were not vagabonds and loafers, (for the brisk settlement had no toleration for such nuisances), but the solid men of business, who indulged in these simple amusements with the same overflowing mirth that made their kinsmen in Auld Reekie spend Saturday at e'en at high jinks. The change of the sovereignty took many of the wealthiest merchants into Canada, where a part settled in Sandwich and a part at Amherst- burgh. The British Government at once prepared to build a fort at the mouth of the river on Bois- blanc Island, which had been the seat of the Hu- ron mission, and commanded the entrance to Lake Erie. Objection was made by the United States, and the question was serious enough to induce the British to change their plan and build on the main land, near by." Under the Treaty of 1783, the boundary line was to run along the middle of the water-communication between Lake Erie and Lake Huron, and nothing was said about particu- lar channels or islands. It was not until the close « Weld's Letters. CHAf. IX.] DISPUTED BOUNDARY. 229 of the last war with Great Britain that provision was made, in the Treaty of Ghent, for ascertain- ing the ownership of the various islands, by a commission appointed under the 6th article of that treaty. Peter B. Porter and Anthony Barclay were appointed commissioners by their respective governments, and, on the i8th of June, 1822, they determined that the line should run west of Bois- blanc. The channel between that island and Am- herstburgh was the main ship channel, and under the common usage of nations (as recently con- firmed by the award of the Emperor of Ger- many on the San Juan boundary question on the Pacific coast) the national boundary line is generally presumed to follow that channel. The nearness of Bois-blanc to the British mainland made it very unpleasant to have such a foot- hold for a possible enemy, and it probably would not have been agreed to had attention been called to it. The decision of the commissioners was equitable, and no one has found fault with it. In 1 796 it was found necessary, in order to protect the Indians, that the United States should establish trading posts, where goods were to be furnished at a low profit and of good quality. The agents and their employees were restrained, under heavy penalties, from dealing on their own account, directly or indirectly, and from purchasing from the Indians any articles of use in hunting, cooking, or husbandry, or any articles of clothing. The laws providing for this, which were temporary. 230 INDIAN TRADE. PUBLIC LANDS. [CHAr. IX were extended from time to time until after the erec- tion of Michigan into a Territory. The plan was not perpetuated, although it had some advantages, as it was liable to fraud. The Indians who received annual presents from the British and from our own government of guns, hatchets, knives, cloth, blankets, ketdes, and many other articles of use as well as of personal adornment, generally disposed of a large share of these articles before they left the set- tlements; and when they reached home they were not much better off than when they started, be- sides having been exposed to the temptation of drunkenness. They would no doubt have taken much better hold of civilization if the appliances had always remained in their possession. On the 26th of March, 1804, ^n ^^^ was passed providing for the disposal of the public lands within the Territory, to which the Indian title had been extinguished, and directing all claims under the French and English Governments to be presented to the Registers and Receivers of the several Land Offices for proof. By this act, sec- tion 16 in each township was reserved for the use of schools within the same, and an entire town- ship was to be located in each of the districts afterwards forming Michigan, Indiana and Illinois, for a seminary of learning. This was the germ of the University Fund of Michigan, and of the Primary School Fund. No surveys could be made with safety until it was known what valid private grants existed. The Register and Receiver of the Crat. IX.J MICHIGAN TERRITORY CREATED. 231 Detroit (or Michigan) District did not complete their labors until after the erection of the new Territory. In March, 1806, George Hoffman, Re- gister, and Frederick Bates, Receiver at Detroit, reported to the Secretary of the Treasury that only six valid titles had been made out before them, outside of the town. It was under these circumstances that, on Janu- ary nth, 1805, Congress enacted "that from and after the 30th day of June next, all that part of Indiana Territory which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend through the middle of said lake to its northern extremity, and thence due north to the northern boundary of the United States, shall, for the pur- poses of temporary government, constitute a sepa- rate Territory, and be called Michigan." Detroit was made the seat of government, and the ordinances of 1787 and 1789 were adopted as the charter of the Territory. CHAPTER X. GOVERNOR hull's CIVIL ADMINISTRATION, The transition to a separate territorial existence was not in all respects fortunate. The people were entirely deprived of self-government, and the times were such that the use of the Territories as political counters, and as rewards for political services, was becoming a recognized practice. The discontented citizen of our own time, who repeats with sadness the perennial story that the former days were better than these, can have no intimate knowledge of those former days. The course of time has removed from sight all but the more prominent features ot the period. Those who were on the whole useful and sagaci- ous have been forgiven their lesser delinquencies and unworthiness, and the mutual charges of political corruption and dishonesty, which people forget as easily as they make them, have been lost sight of in the quarrel. > of their successors. Then, as now, most men who were not very soon cast out, were probably in the main well-meaning and patriotic ; and like modern politicians, they persuaded themselves for the time that their personal or party success was so essential to the Chap. X.] POLITICAL ASPERITY. 233 public welfare that it was better to use means questionably good, or unquestionably bad, than have the country ruined by falling into other hands. It is not pleasant for sensitive men to have their names and reputations bandied about and smirched, as recklessly as it is too often done by careless writers of items and editorials ; but there was not an early statesman, from Washington down, who has not had meaner things said of him than are often ventured on by decent papers now concerning any one. The first half century of the Republic was conspicuous for the malignity of political quarrels, and the utter disregard of the sanctity of the private reputation of public men. In our day men who abuse each other in print, or on the stump, do not generally carry their warfare into social intercourse; and a person who allows his politics to lead him into discourtesy and malevolence in private life, is justly considered unworthy of respect. But in the early years of this century, men believed as well ag spoke all manner of evil against their antagonists. Diplomacy had not yet lost the habit of lying and duplicity, and weak nations or communities had no rights which stronger ones respected. The reign of George the Third was a time when many great and patriotic statesmen did honor to their re- spective countries on both sides of the Ocean. It was also a time* when political morality, and the manners as well as ethics of public life, every- where presented ample room for improvement; 234 POPULATION. [Cmaf. X. and they have been very much bettered. While, therefore, we may find in the history of this region plain marks of bad and selfish management, it would be quite unfair to lay too much stress upon it. Our territorial governments have been im- proved in some respects, but selfishness and mis- rule have not yet ceased to be found among them. The country which became Michigan Territory after the 30th day of June, 1805, contained at that time no white settlements except Detroit and Frenchtown, and the river settlements, and Mackinaw. Beyond these there may have been a few straggling traders, but no communities. In 1800 the population, (not including Indians,) was only 3,206. This census return must be nearly correct, as in 1 799 there were three representa- tives, each representing at least five hundred free male inhabitants. In 1810 the population had only increased to 4,762. Of these 144 were Indians taxed or colored persons, 24 of whom were slaves. In 1810 there were 2,837 ^^^^ white males, and 1,781 free white females, showing an excess of males of 1,036. It is evident that a large portion of the immigration was of single men. In 18 10 Detroit had a population of 1,650, or more than St. Louis, and nearly as many as Vincennes and Kaskaskia combined, these two being the chief Indiana settlements. There was not a hamlet or farm in the Territory five *miles away from the boundary. Immediately across the Detroit River was a province which had begun to improve, and (jMAr X.j CRITICAL POSITION OF MICHIGAN 235 increased in population very fast. Its people had representative government, and were kindred in blood and actual relatives of a large share of the people of Michigan and on the most friendly terms with them. Surrounding all the white settlements in Michigan, and lying between them and the other American States and Territories, were gathered considerable numbers of the Indians of the northwest, who had settled down in Michigan and northern Indiana and Ohio, and still retained tide to all but a trifling part of the lands in the Territory. Each of these tribes was in the regular receipt from Great Britain of arms, annuities and supplies, and great pains were taken, without resistance by our Government, to keep up respect and attachment for the British. With the previous warning derived from the withholding of the posts and the encroachments on American territory, it might have been foreseen to be danger- ous to leave thus isolated from American sur- roundings or attachments a community whose allegiance had just been changed, and not changed by their own procurement. It offered a strong temptation to our neighbors across the Strait, to make a further effort to get back the peninsula before it could be settled ; and, while it is not established that the British Government was directly responsible for all that was done, the sequel showed that the land was coveted, and the effort was speedily made at a terrible cost to the border. ,=. 236 UMWI8E AVPOINTMRNT8 [Cii*r, X. The selection of nilers for such a country, v»'ho were to have the (.'ntirc control both of legislation and of administration, required more care than it received. The appointments were not open to any apparent objection, and pt^rhaps the wisdom that comes after the fact should not blame what was not generally supposed to be unsafe, rhe principle of appointment followed then is very generally followed now. and none more dis- creetly. No sufficient heed was given to the char- acter of the population or its ways. No wiser or better men were to be found in the United States than those who had setded in the Northwest Ter- ritory after the Revolution. They were men of sagacity and adaptability, with large experience of old as well as new countries, accustomed to every kind of .society, and possessing the confidence and regard of their neighbors. The Indians also knew both their worth and their prowess, and had a wholesome respect for the Long Knives. The Governor of Indiana, General Harrison, had been wisely chosen from this class, and that Territory had gone on rapidly in improvement, while the new State of Ohio was increasing with wonderful speed. Michigan needed a western governor and western ideas, but it failed to get the benefit of either. . ,,,,.•:,„:, ,, ,. ,,v., ;„.. --^i/v..-.-nv: It is a great mistake to suppose the adoption of good laws is a necessary sign of prosperity. If they emanate from popular bodies, they may indicate (though not always) the popular sense. Chap. X.| I KKKIIOklAL UKKICEKS 287 Hut there arc ohvn j^rood laws upon our statute books that have never really j^overned the action of the people, and thert; are bad laws which have never hurt thein, i)ecause never carried out fully. It is not on le^^dslation. so much as on the actual conduct of aftairs. that prosperity depends. The > rottenest ^governments have had written codes which have been j^rcatly admired, but which never prevented mischiif. The codes adopted by the (jovernor and Judges of Michigan were substan- tially like those of their neighbors, and were not complained of. But the first decade of the Ter- ritorial life was unfortunate. As the time ap- proached for organizing the Territory, Mr. Jeffer- son sent to the Senate for confirmation the names of William Hull for (iovernor, Stanley Griswold for Secretary, and Augustus Brevoort Woodward, Samuel Huntington and Frederick Bates as Judges. Mr. Huntington declintxi the office, and in 1806 his place was filled by John Griffin. As the Gov- ernor, under the ordinance, had the entire control of establishing local offices and appointing officers, the character of die local organization depended almost entirely upon his judgment. Of these persons, Governor Hull was an old Revolutionary officer from Massachusetts; Mr. Griswold an able man but a red-hot politician from Connecticut, who had left the pulpit to be- come an editor, and who was only comfortable when he had his own way ; Judge Bates was a resident land officer at Detroit, of sterling worth, 238 TERRITORIAL OFFICERS. [Chap X and admirably fitted in all respects for his place ; Judge Griffin was a man of elegant accomplish- ments, but no great force of character or con- victions; and Judge Woodward was one of those strange compounds of intellectual power and wis- dom in great emergencies, with very frequent ca- price and wrongheadedness, that defy description. Two of the three Judges, Bates and Ciriffin. were Virginians by birth, and old friends of Jeffer- son. Woodward, though generally credited to Vir- ginia, was not, it is believed, a native of that State, but of New York. He resided in the District of Columbia, and had attracted considerable attention from some ambitious writings of a somewhat specu- lative character, to which Mr. Jefferson had taken a fancy. They had many points of resemblance in their tastes. The executive officers were doubt- less selected (being otherwise regarded as compe- tent) because of their peculiar prominence as his supporters, in a region where he was not very popular. '■'■'■ Mr. Griswold, who had made himself useful in various ways in land matters, was for some reason unable to harmonize with the Governor, and it is said desired to supersede him. In this, however, he failed, and was himself removed at the end of his first term of three years; and his place was filled by Reuben Atwater of Vermont. This gen- tleman was universally respected for his integrity and good sense; and having been uniformly cour- teous and diligent, and having attended to his own Chap. X.] ARRIVAL AT DETROIT. 239 business without disturbing or squabbling with his neighbors, he has failed to make as conspicuous a place in our local annals as if he had been less exemplary. Judge Bates remained on the bench a little over a year. He found his associations unpleas- ant, and with Judge Griffin more than unpleasant, so much so as to have nearly led to a duel. He resigned his commission in November, 1806, and during the next winter was made Secretary of Louisiana Territory, at St. Louis, where he remained continuously in this and other responsible posi- tions, and died in 1825, while Governor of the State of Missouri. His resignation was a serious misfortune for Michigan. After he left there was no interruption in the unseemly quarrels and in- trigues which brought the legislative board and the court into contempt, and effectually checke 1 the prosperity of the Territory. But in the out- set, and apparently until Griffin came, there was no serious clashing. The latter apparently was not entirely above mischief-making between Woodward and his colleagues ; and while he generally ad- hered to the views of Woodward, ht never struck out in any original path of good or evil. The judges were appointed during good be- havior, and Judge Woodward was presiding judge. He arrived in Detroit on the 29th of June, 1805. The Governor reached the town on the ist of July. On Tuesday, July 2d, the Governor admin- istered the oath of office to the other officers, and organized the government. 240 DETROIT BURNED :Chap X. They found a very sad state of affairs. On the iith day of June, 1805, a fire destroyed every public and private building in the town, except a warehouse owned by Angus Mackintosh, and a log-built bakery on the water's edge below the bluff. The warm season had enabled the people to camp out without discomfort, and those who could not find refuge in the hospitable abodes near by, and in Canada, had found rude shelter on the domain adjoining. Some had already put up new houses. The narrow streets and small lots in the old town were not well fitted for the growth of a settlement, and it was seen by all that a more commodious plan should be devised. In the uncertainty that existed concerning the ownership and control of the domain, it was con- cluded to lay out a town, and provide for the present emergency, leaving all questions to be settled in future. Lots were disposed of enough to meet the necessity, and the case was held over for the action of Congress Within the next three months a code of laws was prepared, and adopted seriatim in sections from day to day, by unanimous concurrence. The statutes were well drawn and judicious, so far as can be seen. Judicial matters received early at- tention. Small cases were left to be disposed of by justices of the peace, and the Supreme Court was vested with exclusive original jurisdiction over land cases and capital criminal cases, and concurrent Chap. X.] COURT DISTRICTS. LOJTERIES. 241 jurisdiction over other civil controversies involving more than two hundred (afterwards five hundred) dollars, with appellate power generally. The in- termediate jurisdiction was vested in district courts presided over by one of the judges. Three dis- tricts were created by the Governor in the first instance, called the Districts of Erie, Detroit and Huron; the District of Erie comprehending the River Raisin country from Ohio northward to the Huron River, and the Detroit and Huron Districts, which were temporarily thrown into one, extending to Lake Huron. A fourth district was created which extended to Mackinaw. One of the earliest acts provided for raising by four successive lotteries the sum of twenty thousand dollars, for the encouragement of litera- ture and the improvement of the city of Detroit. This act, passed on the 9th of September, 1805, is the first official recognition of its existence as a city. Doubtless the Chief Justice had already drawn in imagination the curious plan which his sanguine fancy, looking forward seven or eight centuries, saw filled out with the completest city ever devised. Less than half a century saw more than threefold its space completely built, but the symmetrical scheme was not as fair in other eyes as in his own. Colonel McKenney, in his " Tour to the Lakes," aptly described it as representing a spider's web with all its lines arranged with reference to a principal centre. The affection of its author for this device was extreme, and his 16 242 MIMTIA. [Chap. X. pride in it excessive ; and much of the trouble that afterwards arose, and had its influence on the peace of the Territory, came from the want of respect among his colleagues for this darling child of his genius, which was shorn of its fair propor- tions and dislocated. The Ciovernor took immediate steps' to enroll the militia. • Francis Chahert de Joncaire, Judge Woodward, Elijah Brush and John Anderson, were commissioned colonels, with other officers subordi- nate. The act adopted for their government gave the Governor power to call them out whenever he chose, and his ill-advised course concerning them was a source of trouble. He appears (as well as some of his subordinates) to have had very high views of military prerogative in time of peace ; and the attempt to enforce the same nicety of clothing and equipment customary in the regular service, led to insubordination on the one hand and anger on the other, which did not raise him in popular esteem. But this trouble was not im- mediate. .:.•'•-:; :;v J ".-■. ■'-'"■■' .■"■'■-' The appropriation bills show that a temporary shelter, called a " bower," was built for the court. The grand jury, when the court first met, pre- sented the subject of land titles as requiring im- mediate attention. No government lands were in market, and the unsettled condition of private es- tates was an effectual hindrance to prosperity. Until the commissioners reported, no one felt any assurance of title, and their report showed that Chap. X.| LAND TITLES. 243 there were only six good farm titles in the Ter- ritory, The Governor and Chief Justice both went to Washington, and obtained favorable legis- lation. April 2 1 St, 1806, the (iovernor and Judges ■/ere authoriz(id by Congress to lay out a town, including the old town of Detroit and ten thous- and acres adjacent, to settle all private claims for lots, and to convey a lot of fifty feet by one hun- dred to every person over seventeen years old owning or inhabiting a house at the time of the fire. The remaining land was to be sold to build a court house and jail. Both of these were built many years thereafter, and the court house became the Territorial and State Capitol, until the seat of government was removed to Lansing. It was then devoted to the purposes of a union school, and is now, with additions, the Detroit High School. On the 3d of March, 1807, an act of Congress w\s passed granting to each person, or the grantees 01 heirs of each person, who possessed and occupied lands on the first day of July, 1796, a title to such lands, not exceeding six hundred and forty acres in each tract. Subsequent laws were from time to time passed giving additional grants and pre-emptions to such persons, and in Macki- naw and the remoter districts fixing the date of possession at July first, 1812. Most of these claims had already oeen presented tt) the Land Commissioners for allowance, as helvl under color of British, French and Indian titles. The lands 244 BANK OF DETROIT. [Chap. X. outside of Detroit were not managed by the. Governor and Judges. After providing for a.l these cases there were adjacent lands extending back about three miles further from Detroit River, which might have been put into tlie market, but were not, as the surveys were postponed. Much discord arose in the meetings of the Governor and Judges, in their new functions as a land-board for Detroit lands. They are of no interest as matters of history, except as explain- ing how the various Territorial functionaries be- came embroiled, so as not only to prevent proper legislation, but also to impair confidence in all of them. Another transaction was not without bitter fruits. Early in 1806, Russel Sturges and other Boston capitalists made arrangements to organize a bank in Detroit, with a capital of ^400,000, a very large sum in those days. It was designed to be used in connection with their fur-trade. Their petition to the Governor and Judges was dated early in the spring, and they not only appointed their cashier, hut built their bank, before they received their charter, which was given in September, 1806. Judge Woodward was made President of the bank, which began operations, and issued bills. The act creating it was dis- approved by Congress, in March, 1807, and gave rise to very severe attacks on the Governor and Judges. Judge Woodward was threatened with impeachment for this and other misconduct,, and Chap. X.] DISCORDS IN THE BOARD. 245 Governor Hull's re-nomination in 1808 was op- posed, but unsuccessfully. On the 23d of April, 1808, Judge Witherell was appointed judge to succeed Judge Bates. It appears that after Bates' departure, Woodward and Griffin had everything their own way, and paid no attention to the Gov- ernor, who was left in a hopeless minority ; and that they used their power with some insolence and malice. Judge Witherell was as firm as Woodward, but much more quiet in . his ways. His coming gave the Governor the support he needed, as well as the suggestions of a more masculine intellect, and the tables were turned. Henceforth, upon the question of the plan and various other matters of dift'erence, the absence of any one of the four sometimes led to hostile legislation by the opposing majority present. The bank, in spite of the action of Congress, continued to do business. In September, 1808, when Judge Woodward was absent in Washington, Judge Witherell introduced and passed, against Griffin's opposition, a criminal bill of various pains and penalties, which, among other things, punished unauthorized banking. This ended the Bank of Detroit, but was never forgiven by Judge Wood- ward, who, as long as he remained on the bench, was never on pleasant terms with Judge With- erell, and they never exchanged words, if they could avoid it, except officially. ,^,.:.,^,,^ ._,*_;^ .,--. Much feeling is said to have been roused by the course of Woodward in 1806, concerning cer- 246 st.AVEs. rcHAP X. tain persons convicted of kidnapping. Some Brit- ish deserters were captured in Detroit by British officers, aided by one or more American officers, and the offenders were tried by jury and sentenced to fine and imprisonment. Some days thereafter Woodward changed the punishment to a nominal fine of a few cents. Why this was done does not appear. He was not a man of British sym- pathies, and on a subsequent occasion, many years later, expressed himself in favor of a heavier pun- ishment for such cases than his brethren assent- ed to. In 1807 a very curious case arose concerning slavery. Mrs. Catharine Tucker was required, upon habeas corpus, to answer for the detention of Elizabeth and Scipio Denison, persons of color, and she justified on the ground that they were held as slaves at the time of the surrender of the post in 1796, and were assured to her under Jay's Treaty, in spite of the provision against slavery in the ordinance of 17(87. |udge Wood- ward gave the matter a very elaborate examina- tion, and wrote a full opinion sustaining her right. The case was decided on the 23d of September. A few days after, application was made for the arrest and delivery of some Pawnee and mulatto slaves who had escaped from their masters, Mr. Pattinson and Matthew Elliott, who resided in Canada. In this case the decision was emphatic that there was no obligation to give up fugitives from a foreign jurisdiction. Thereupon Lisette Chap. X.I INDIAN TREATV. 247 and Scipio went over tlu- river into Canada, where the same doctrines were enforced, and took refuge vvitli Mr, Askin ; and they were for a time employed in the; family of y\njj^us Mackin- tosh, They subseqiiendy came back and were never molested, — remaininj^ with Colonel Brush, Judge Sibley and Major Hiddle, most of their lives. Lisette accumulated some property. The attempt to obtain Mr. Elliott's servants led to a disturbance. His agent was tarred and feath- ered, and himself treated with some indignity. During the year 1807, Governor Hull held a council at Detroit with the Ottawas, Chippewas, Wyandots and Potawatamies, and a treaty was signed on the 1 7th day of November, whereby they ceded to the United States (excepting some small reserves) the country in the southeast part of the Territory, bounded west by the prin- cipal meridian, which is about seventy-five miles west of Detroit River, running as far up as the latitude of the present Fort Gratiot, and thence northeast to White Rock in Lake Huron. This tract coincides very nearly with the land pur- chased from the Indians and sold by Schiefflin and others to Smith in 1 797. By this cession a large region was opened and made subject to survey and sale ; but the surveys were postponed, and there was no more land to be bought after the treaty than before. > u . • , No doubt a chief reason for not hastening the surveys and sales of lands was found in the fear 248 DKTROIT FORTIFIED. ICh of Indian troubles. In memorials sent to protest against Hull's reappointment in 1808, he is charged with timidity, and exciting groundless alarms con- cerning Indian attacks, ami with using unilignified means to conciliate individual Indians who should have been punished. It is difficult now to know how much he was censurable for these alarms, hut their open expression was not prudent. They were not then, though they were soon after, shared by others. A timid bearing has always encouraged hostilities from whites and Indians both ; and Gov- ernor Hull's conduct is generally regarded, during his administration, as characterized by alternate fits of activity and vacillation, not traceable altogether to want of courage so much as to infirmity of purpose. He at any rate must have convinced the War Department of the correctness of his suspicions, as in 1807 the town was ordered to be stockaded; and accordingly he or the Secretary (for accounts differ) ran a line of high pickets, with occasional block houses, along the eastern bound of the settlement, including the Domain and adjoining houses, as far north as the street now known as Michigan avenue, and thence west to the Cass Farm and south to the river, including the fort and 9.II public and private build- ings. Where the stockade crossed Jefferson Ave- nue, at the upper end of the Biddle House (then Governor Hull's own mansion), there was a large block house with artillery; and a gate contiguous to the old citadel stood at the western end of CHAr. X.| ARBITRARY MEASURES. 249 Jefferson Avenue, where the high bluff crossed it, commanding the approaches from the west. The memorials complain not only that this work wa? imperfect, but that the Governor had, without authority, compelled companies of militia to labor in digging trenches and planting pickets, as if they had been in regular pay and service. While the evident share of Judge Woodward in getting up the memorials requires the use of care in judging of the correctness of the criticism of the Governor's acts, it cannot be assumed that statements of specific facts are unfounded ; and his stretch of vexatious authority over the militia in some matters is shown by his own statements. The early military governors had been too famil- iar with the habits of the British commanders be- fore the Revolution, to be as careful as they should have been concerning popular rights. In this re- spect Governor Hull did not stand alone, but such conduct was very obnoxious to the people on the frontier. The Governor also incurred universal censure by enrolling a separate company of negro militia composed entirely, or almost entirely, of recent fugitives from Canada, who were not native citi- zens, and could not then become naturalized. The act of Congress allowed none but whites to be enrolled, and the state of feeling at that time did not authorize such a violation of law. In 1808, Judge Woodward, on his departure for Washington, laid before the Legislative Board 250 •jUAKRKIJi. ICHAr X. a series of abusivi' rrsoliitions and charj^cs aj^ainst the (iovernor, which the latter was unwise enouj^h to reply to at length; — and this was all that Woodward desired. He knew very well that no such resolutions could pass without his own vote, if at all. This, and some other transactions, seem to indicate that the Lej.,dslativ(; Hoard (properly resembling very closely a privy council) had adoptetl the habit of holding public sessions, and airing its dissensions before the populace. There is no other means of accounting for the ridiculous vaporing and pomposity of the Chief Justice, and his indecent strictures upon his associates, nor for the counter-blasts, more decent and dignified, but not judicious, which came from his antagonists. There was a general spirit of pugnacity manifest at their meetings. But Woodward's conduct at times reached such a pitch as to be beyond excuse. Having on one occasion made an order in a cause which created some feeling, Major John Whipple, (father of the chief justice of that name), meeting him in the street, used some severe and opprobri- ous language. Judge Woodward undertook to treat this as a contempt of court, and imposed a fine. Some months afterwards, in bebruary, 1809, Ciovernor Hull pardoned the offence, as he had a right, and as was perhaps required in common justice. This led afterwards to difficulty. The district courts, first created in 1805, ^"^^^ been modified by a statute of 1807, which gave CiiAf. X.l WOODWARD'S COURSK. 261 tluMn some of the financial and administrative duties gencrall) pcrlornicd by the ([uartcr-sessions or county boards, and provided that they should be held by a chie*" justice and two associates "of integrity, experience and legal knowledge." ap- pointed by the Governor. Cieorge McDougall was first chief justice, and James Abbott and Jacob X'isger' associates. These gentlemen were not admitted attorneys or counsellors, but were fairly educated and judicious men, fully competent for their duties. In August, 1809, Major Whipple was appointed associate judge of this court for the District of Detroit and Krie. In the latter part of September, Judge Woodward, treating this as a personal slight, procured a grand jury to present the (iovernor as having granted an illegal pardon ; and the same subservient body, doubtless in response to suggestion, recommended the enforcement of the fine, which Woodward carried out by process against Major Whipple. While this presents the chief justice in a very disgraceful light, it indicates great weakness in a governor who year after year submitted to such insults and invasions of right, without seeking any remedy beyond proclamations and coimter resolves. The same grand jury was induced not only to present the (iovernor, but also Judge Witherell, 'or unwise legislation, and to declare their laws passed in W oodward's absence as " unnecessary, » 'I'he writer first read Hiackstone in wh.it h.id been Judge Visger's ropy of that aiitlior, nnw in his possession. -j^^-'-i^-ij- — 252 JUDGE WOODWARD (Chap. X. niij^^alory and a nuisance." T'ortificd by this pro- found legal authority, Woodward and his echo (iriffin, a few days after, declared tlie whoU? iKxly of laws passed in Woodward's absence invaliel, because not sijj^ned by th(r individual names of the members of the board, instead of by the chairman and secretary. Sometimes the grand jury presented Woodward; but thv.'w action in such case was not deemed so correct. That conduct like this should effectually destroy all the moral force of authority was inevitable. The peculiarities of Judge Woodward were such as almost to render it doubtful at times whether he was not something more than eccentric; while on the otlier hand his conduct was usually reasonable and becoming, when he was in a position where he was not tempted to act insolently, or where there were strong reasons of policy. During the war of 1812, he was intrepid and active as well as useful in mediat- ing with the British authorities, and was long the only person who effectually interposed to protect the American citizens in Detroit, and to urge redress for their injuries elsewhere. Under General Cass's administration, while often enough provoking resentment from private and oflicial individuals, he did not indulge in such conduct in the board or elsewhere as he used towards Hull, against whom he had a peculiar antipathy. On the bench, however, the recollections of business men indicate that there could not have been any Chap. X.| JUDGE WOODWARD 253 thoroiij^j^h improvcnujtu in harmony, and both he and (iriffin wen; finally Icjj^islated out of office. Mis |)(H's<)nal Iiahits wen; slovenly, and his room was conspicuous for disorder. His worst habit, however, was that sort of audacious impudence which, und(;r the name of eccentricity, has some- times charact(;ri/ced men of mark, and even made them to be imaj^iiu'd greater than if they had behaved thems(;lves with more civility. John Randolph was an instance; of this kind. In the early Te-rritorial days it had not become so discreditable as it has been in our time for persons insulted to use what Hlackstone would have classed among " remedies by act of the party ;" an'' judgt; Wooilward often provoked, and some- times received this treatment, while no doubt he much oftener des(;rve(l it. If the (Governor had ever forgotten his dignity in this way, instead of in less effective conduct, he might perhaps have secured peace, and had better fortune. But Woodward, who never resp'cted him, had dis- covered his weak points, and that he was more prompt in asserting his rights than in defending them, and so took a malicious pleasure in aggra- vating him. Ikit beyond this, the Chief Justice regarded himself as the only man in the Territory whos(; views shoidd pass current without question; and enforced this doctrine when he could. These quarrels had a bad effect on the public peace. I'^ach of the contending powers hatl pre- rogatives which made it to the interest of various 254 SOCIAL CONDITION. fCiiAr. X. persons to conciliate him. ICacli had, therefore, his greater and lesser satellites, and among them personal encounters were common. Whether the town was more turbulent than other border towns at that period may be doubted. Hut the oTend- ers were oftener brought before the courts, and were generally men of standing. The social condition of the town was good. It had an unusual proportion of educated and refined people, and a fair general standard of edu- cation. Unfortunately the earliest school law, passed in 1S09, was never printed, and has dis- appeared. There was no permanent newspaper press until 181 7, although in 1809 a small paper was published a litde while. We have no full knowledge of the number or condition of schools. Hut an examination of our public records shows that a very large portion of the inhabitants, both French and English, had at least an ordinary edu- cation. Their papers and signatures show a habit of using the pen, and their accounts are neatly and accurately kept. In spelling French words there are tokens that much w ^s taught by the ear instead of the eye, but the orthography of that language was not perfectly followed by many very distinguished men under the French regime, and the blunders found occasionally in our I'rench papers are no worse than abound in public docu- ments. Napoleon has credit for similar mistakes; and in our own language fifty years ago (if not to-day) inaccurate spelling was not proof of ig- CiiAr. X.l FATHER RICHARD. 255 norance. In most garrisons where there were children some pains were taken to teach them. We know from the character of the early immi- grants and natives of Detroit that they would not allow their children to lack education ; and so far as we have facts they all tend to prove this. In 1798 Father (iabriel Richard, a priest of the Or- der of St. Sulpice, first came as resident pastor of the Catholic church of St. Anne. His tall and sepulchral figure was familiar to every one during the long period during which he filled his sacred mission. He was not only a man of elegant learning, but of excellent common sense, and a very public-spirited citizen. He encouraged edu- cation in every way, not only by organizing and patronizing schools for the immediate training of his own people, but by favoring all other proper schemes for general intelligence. He brought to Detroit the earliest printing-press that was known in the Territory, and in 1809 published a small gazette called the "Michigan Essay, or Impartial Observer." He also compiled and published some religious and educational works for his own flock, and some selections from French authors for read- ing. He was an early officer of the University, and a teacher cr professor in it. His acquaint- ance was prized among Protestant i as well as Catholics. His (juaint humor and shrewd sense, in no way weakened by his imperfect pronuncia- tion of English, are pleasantly remembered by all who had the fortune to know him; while his brief 256 SCHOOLS ICiMr- X. pray(;r for the L<;^isl;itiirc, that tht:y mi^fht make laws for th<; pcoph- and not for thrinsctlvcs, was a very (:ompr<;hf:nsivc sinnniary of sound pohtical phih)sophy. Thi; researches of soni<' of our (itizens have led to the dis(:ov<-'ry of several names of teachers who flourished Wefore th<; days of n<;wspap<;rs, althouj^h no douht many more have hec-n forj^^otten. The Reverend David Bacon (father of Dr. I. (to nard Hac(jn) taught a -school at D<'troil in iMrj2. Miss l^li/abeth Williams, (dau^diter ol Thomas Williams before mentioned), and her cousin Miss An^eli(|ue Campau, taught schools as early as iSo8, and t\ui school of the former and of her associates and successors was continu(;d many years, I'rom 1H12 to iXiS a classical school was kept up by Mr. I'ayne and l<(!V(;rend John Mont<.'ith. In 1H16 a common school on the New ICn^^Iand plan was op(;ned under Mr. Danforlh. After the organization of the University, in 1S17 or iHiS, teachers were abundant, and schools thorough and <;xcellent, and more than one of these teachers bcrcame emin(tnt in civil and military life. Teaching was a common occupation amon^ ambitious men pntparinj^ for their future career. Not very lonj^ after Michigan ierritory was orj^aniz<;(l, the Indians be^an to complair of the advance of the whit(; men, and that they had signed treati(-'s which they did not understand. No encroachment had been made on the Indians in Michigan, and the Indians there had not CiiAf. X.| IN 1)1 AN UrSCON'I'KNT. 257 ^ciUM'ally |)r(( (ilfd ilic wliilc iikm in iIh- souiIk rii pari ol llic Slalc. I'ml ii was true ciioiij^li lliat their riilnrc was doiihiliil, unless llicy learned scjnie ol the arts ol ( ivili/ation. Their disconU lU, however, il it originated with themselves, was chielly due to the promptings oi others. I he N(irthw<'st Company was deeply intei5. i" Waynct's ("ampaij^iis, and at tin- Trctaty ol (ireenville, it was lound that although th(rre was much tribal independence, there was nevcrtlu.'k'ss a very ;.,M-neral union, and this wa. ■ Innuecanoe. While in that city ln' made; some iisehd suj.(;4^<;stions concernin;.^ th<; possession of tlu; lakes by American vessels. His (earlier advice on this suhjcrct haerlorm<'d any strikinj^' de- tached s(.'rvice on a lar^<- scale. Whih." some of the more distinj^nisluul and successful soldiers who afterwards had reason to complain of him be(ame suspicious of his litness in the earliest days of his conunand, he left Washinj.(ton for the west in ^ood ^cncrnl ntpute. His civil administration practically terminat(;d wh(;n he left for the seat of j^rovernnumt. Hut th<;re was (jne last civil function p(,Tformed in th(; sad int(Tval betw<;en his return from Canada and the surr(tnd(;r which followed it, indicatinj^ a danj.((;rous omission in the previous legislation of the 'lerritory. On the 13th of Auj.(ust, 1812, 2r.2 ol.l) lAWs AHol ISIIKI). iCiiAC X. a hill was passed lorhiddini^ the salt- ol intoxi- cating li<|iM)r to the Indians. Tlu-n; arc not many peculiar rcatiircs in the laws of the tirst ICrritorial period, hut some fur- ther reference; is necessar)' to a few of them. The want of a press, and the dittirulty which was found in cletermininj.,^ the le^al condition ol the countr), led In iSm to a ver\ wise measure, whereh)' all the Innch laws and customs, and all I^n^lish and Canadian statutes, as well as those of the- Northwest Tc-rritory and Indiana, were aholished. This left the |)ec:)ple suhject only to the- laws ot the I'nited .States, the; Tc^rriiorial statutes, and the general rules of the common law. No counties were laid out during; the time of (leneral Hull. The districts were the onl\- di- visions, and tlu; district judt;-es acted as local ad- ministrators. Althouj^h there were highway com- missioners, there wen; f(;\v roads, and those; e'ither in Hctroit or up and down the Hetroit River. There was no access to thc' interior except by streams or Indian trails. The nionc^' then in circulation was mostly S[)anish dollars, halves, cjuarters, pistar<;ens, and pieces of twelve and a half, and six and a c[uarter cents. In the absence of small coin the larj:]^er coins were cut into (juarters and eighths. Accounts were kept in York currency, of two dollars and a half to tlu; pound, or twelve and a half cents to the shilling. Cmai. x.| i.k.(;ai. affairs. 263 Several of the early tax laws were never printed, and arc lost, and there is no intlex to their contetus. It seems, how(;ver, that revenue was rais(,'d almost entirely from capitation taxes of one dollar im each male over sixteen years, specific taxes on doj^^'s, horses, asses and mules, and upon vehicles, and taxes and license fees on various occupations. I'he tax on do^s was ingeniously tlevised. It assessed fifty cents on a dog it only one was owned, one dollar for the second, and a dollar and a half for each beyond two. The license law for licpior selling punished witii se- verity every di^ah^r who allowi^d drunkenness or noise on his premises, in-doors or without. It seems that the deputy marshal, who was jailor, had been chargetl a full tavern license; as a law was passed re<|uiring him to pay but one dol- lar, insteatl of the greater sum, for the privilege of entertaining his involuntary guests. TIk,' district courts wen; abolished in 1810. and there; a|)pears a hiatus for some years in th(; published laws, as to compidsory jurisdiction over the cases they had dealt with. Probably they were remitted to the Supreme Court. Par- ties in the district courts could waive a jury. On the other hand, cases tried there by jury could be appealed for a new jury trial in the Supreme Court — a practice which afterwards, under a some- what modified system, was found oppressive. Tes- timony in ecpiity cases could be taken in open court, if desired. This was allowed in the United States courts by the early judiciary act. 264 BURR'S ONSPIRACY. (Chap. X. ■-"■ On the 19th day of January, 181 1, Judge Wood- ward appeared in the legislative board clad in a suit of American cloth, (as the record carefully recites), and introduced resolutions in favor of American industry. This was no doubt meant for the audience. It is not reported what effect it produced, at home or abroad. In the early part of 1807, on the 23d day of January, a law was passed which seems to have been in some way connected with Burr's conspir- acy, but which is not explained. It is a very elaborate and carefully framed statute to prevent and punish acts hostile to the peace of the United States, reaching all attempts and incipient preparations by land or water, authorizing the sei- zure of persons, arms, supplies and boats or ves- sels, and giving unusual powers to call out forces, and punishing with great severity military officers neglecting or refusing to respond. It is known that Mr. Jefferson received infor- mation in October, 1806, which excited his sus- picions against Burr, and that he notified some of the western governors to be on their guard. In November, Colonel Daviess was foiled in an at- tempt to have Burr held to bail in Kentucky ; but the Ohio Legislature, before the middle of December, passed an act from which ours was copied. Wh rlier there were any suspicious movements in this region, or whether the act was passed merely from abundant caution, is now un- Chap. X.| WAR. 265 known. The news of Burr's arrest could not have reached Detroit for some time after its passage. The war of 1812 and if consequences made a sorrowful ending to a period of no political progress, and which was not an auspicious open- ing to our public career. CHAPTER XI. (lOXKKNOR HI I.I.'s .MII.ri'AKV ,U)MFMS TKA IK )\. 'I'liK discussion of the events of the War of 181 2 in a purely miUtary point of view, is not within the purpose of this sketch, and not within the writer's skill. But they were events of such great political and social importance to Michigan that an outline of them is necessary. This involves unavoidably a reference to the surrender of Detroit. Upon this, whatever may have been the laudable desire of personal friends and affectionate relatives to remove oblo(|uy from an officer of very kind heart and many good qualities, there has been a substantial agreement among military men, and no appreciable difference of opinion among the citizens and officers who had most reason to understand and observe the circumstances. The details of the war, and of this most disgraceful and lamentable occurrence in it, have been made familiar by many historians, and given in the Field Book of the War of 181 2, with much fullness as well as with general accuracy, by Mr. Lossing, who has ilone so much with pen and pencil to perpetuattt our military history. No attempt will be made to go into these particulars at length. Chap. XI.J DKLAYS ANU MISTAKES. 267 The conduct of the War T.lepartment of the United States in delayiny^ important preparations, and in not using t^reater diHii;^ence in sending out knowledge of the declaration of war, was very reprehensible. And so far as it really interfered with any military successes, the excuse should be, and has been, allowed to all officers and others v'-'io did their best. But it is also no more than just and reasonable to discard from allowance any difficulties or dangers, which, although they might have been possible, either had no effect upon results or ,/ere not in fact existing ; and when existing, were not of such a character that at the time any one should have acted, or did rationally act upon them. The delays and difficulties were not confmed to American movements and prepara- tions ; and the antecedent fears of some wise men and good officers at a distance, concerning the precise nature of perils on the frontier, would not all have; been entertained had they been on the spot, and known the condition of affairs on both sides of the line. There was opposition to the declaration of war, and of course it was among the possibilities that it would not be made. It appears from various sources, and especially from those brought to light in (ieneral Hull's behalf, that he was opposed to declaring it at that time, and especially opposed to it so early, as endange.ing his civil jurisdiction and the people living under it. He claims also to have been opposed to the invasion of Canada 268 HULL'S VIEWS. [Chap. XI (although his previous letter may bear a different construction) on similar grounds, and for the reason that he regarded it as too strong to be overcome by the American forces, and as likely to be dangerously aggressive in return. He was re- luctant to accept a military con^'mand, not because of any doubt of his own ability, but as it now appears for the reason, among others, that it might involve an expectation on the part of the Government that he would attempt to invade Canada; while he saw fit to think it his paramount duty not only to look chiefly to the interests of the Michigan settlements, but to put his private judgment on this policy against all other consider- ations, and carry it out at all events. No one can read his own defence, or the undisputed facts of history, without seeing that he claims credit for having been constantly moved by this sentiment. He was acquitted on the charges of treason. It was not believed he meant to deliberately injure or betray his country. But while free from that design, which would have made his memory as black as Arnold's, he was not, if we accept his own vindication of himself, free from that fault, which, though not so disgraceful morally, is not much less dangerous, and which has been the destruction of many promising reputations, of imagining that military officers have a right to determine the policy of their government, and are only bound to carry out such measures as they deem expedient. An officer who prophesied failure Chap. XI. J HULL'S gUALlTlES 26D before war was declared, unless his views were accepted, and whose anterior views, as to the means of preventing mishap, were not carried out by Congress or the War Department, was cer- tainly in danger of fulfilling his prophecies, and of convincing himself that the failure was inevitable. If Hull was really as frank in his prophecies to the War Department before his appointment, as he was ingenious in finding out afterwards rea- sons why he ought to have failed, there can be r doubt that his selection, reluctant or unre- luctant, was one of the worst faults that could have been charged against that office. But this is hardly credible. At any rate it was not known to the public, and is very doubtful in fact. The General had a reputation for bravery in the Revolution that was honesdy earned. The miser- able squabbles at Detroit had not become so far known outside that any one had discovered his personal foibles and infirmity of purpose; and very good soldiers have had weak points, and been led into ridiculous positions by such annoyances, with- out losing their military qualities. The selection, so far UMMONS REJECTED. [Chap. XI. the flag. Lieutenant Colonel McDonald and Captain Gleig were the bearers, and were taken blindfolded to the house of Major Henry J. Hunt, and detained for Hull's answer. The answer was not given until about 3 o'clock in the afternoon, when it was handed over. This reply was a proper one, that the general was prepared to meet Brock's force and any consequences from its use. It contained, in addition, a disclaimer of two acts in Canada, one an unauthorized Hag of truce which had gone about a month before, while Cass was at the Canard, without that officer's know- ledge, and the other the burning of a house when the battery in Canada was abandoned a few days before, either destroyed by accident or by others than the troops. It does not appear that any explanation had been demanded of these acts, or that complaint had been made of them recently, if at all. On the same day, Hull sent out a message to recall Cass and McArthur. They had been gone not far from twenty-four hours when the messenger started, and had been sent on urgent business. They were reached in the even- ing of the 15th, and the detachment hurried back by a night march, and arrived at the River Rouge the next morning, about the time of the surrender. On receiving Hull's message, the Canadian guns opened upon the town, and the cannonade was kept up until late in the night, being vigor- ously responded to from the American batteries, not Chaf. XI.] PREPARATIONS FOR ATTACK 299 without effect. The summons was understood to be the prelude to an attack, and on the afternoon of the 15th, Major (afterwards General) Jessup, who was Hull's brigade-major, inquired into the arrangement of the forces, which were all ordered to be posted in proper positions. Colonel Brush was to command the Michigan militia, at the up- per end of the town, which bordered on his farm. Colonel Findlay's regiment and the Michigan Le- gion, (a corps of four companies of experienced soldiers, under Major Witherell, Judge of the Su- preme Court, and a Revolutionary officer,) were to form back of the town, where the remainder of McArthur's and Cass's regiments were also stationed. These positions not being well-qhosen, were changed before daylight the next morning, so that Findlay's regiment was moved further west, where he commanded the approaches to the town under cover of lines of high picket fences along the road ; and the other Ohio troops were subsequently, or about the s?me time, joined to his. The movement of the enemy towards Spring- wells, and the collecting of boats and moving up of British vessels, began before dark on the 15th. Captain Snelling had been sent down to the Sand Hill, with a few men and a small field-piece, to watch the crossing and report, and to return be- fore daylight. It was urged by him, and by Major Jessup and General Taylor, that one or two 24-pounders could be placed so as to drive off 800 SON' KKSISTANCK. IC'hap XI the vessels and command the crossing. A proper place was found on high ground, but Hull re- fused, on various pretexts, all of vyhich were shown to be insufficient. Hoth Jessup and Snelling begged permission to cross and spike the guns, but vait.ly. No movement was made by the enemy to cross during the night, nor until 7 o'clock in the morn- ing of the 16th. At this time the troops and guns were all well posted near the town, so as to command the approaches, and Lieutenant An- derson had a battery on the bluff directly com- manding the road and ravine where the British would be obliged to cross the Savoyard on a narrow bridge. No resistance was made to their landing at Springwells, and no attempt was made to harass them on the road — about three miles long — which was lined most of the way, on one or both sides, with close pickets and orchards, which could have been made available to annoy them. There were also two or three bridges along the road, the destruction of which would have made any approach difficult. The British bat- teries in Canada opened in the morning, and were answered from the American batteries. After some time two balls took effect in the fort, killing Lieutenant Hanks, Lieutenant Sibley, Dr. Reynolds, and two privates, and wounding Dr. Blood. Up to this time, the forces outside had not been allowed to do anything against the ene- my, who were advancing 750 strong up the River Road. Upon the fatal result of these balls, which Chap. XI, i IH'I.L'ii AUUAlliiN 3()1 appeared to ht^wildcr and terrify him, Hull im- mediately sent over his son and aid (Captain A, F. Hull) with a tlajj^ of truce, to Canada, to (ien- eral Brock, whom he supposed to be tht;re. At this time, and through the morning of the i6th, (although there; was some conflict as to the ap- pearances on the 15th), there was a general agree- ment among the majority of the witnesses that Hull showed signs of extreme agitation and fear; that his appearance was squalid, and his face stained and filthy with tobacco juice, and his self-posses- sion entirely destroyed. It has been gravely urged that opinions of eye-witnesses cannot he given to show their im- pression of a man's state of mind, from the ap- pearance of his countenance and his actions. General Hull has laid great stress upon this, and some others have thoughtlessly followed him, and arraigned the court martial as unfair for receiv- ing it. Such an objection is so palpably absurd to any one who has ever paid attention to testi- mony, and the means of proof of human emo- tions and sentiments, that it is surprising it was ever started. That this testimony produced great effect was inevitable, as it was very plain and forcible, and harmonized with the surroundings. It convinced the court, as it has convinced others, and as it can hardly fail to convince any one who does not accept General Hull's theory, which seems to have been that the witnesses were perjured conspirators, and the court a forsworn body of 302 SURRFNDKR [Chap. XI. administration satellites, bound to make him a scapegoat for the transgressions of the President and War Department. During this time the British, under Brock, were advancing up the road, and approaching within a mile of the fort. Hull ordered Findlay's regiment to march into the fort, where there was no room for such a crowd to do anything. Be- fore they reached it, he hoisted a white Hag, and had sent to General Brock announcing that he would surrender. And he did surrender, under the same abject terror and bewilderment, without the ordinary terms. His troops were not even al- lowed the honors of war, nor permitted to be discharged on parole, nor was any arrangement made for the benefit of the Canadians who had accepted his protection. He put himself entirely in the control of Brock, by offering surrender without any previous parley, and the articles as drtiwn and signed by the officers on both sides, were as nearly as possible the terms of an un- conditional surrender. He had difficulty in getting any officers to represent him at all, and only succeeded upon the representation that it was his act and not theirs. A supplementary article allowed the Ohio troops to go home on parole. A second supple- ment gave the same privilege to Major Witherell's Michigan troops. These conditions were no part of the original stipulation, nor is it explained how or why they were made. Cass and McArthur C'HAr XI. J TERMS OK CAIM'm.ATION 303 had not come in. and mijrht easily have escaped. The capitulation would, no doubt, — and Hull so intimates, — have b(x"n j.,dadly accepted without them, rather than not obtained, and he says he included them for their own safety. Brock was in great dread that they would attack him in the rear, and if the fort had held out an hour or two he would have been in a very perilous condition. He slates that he hastened his movements to reach the fort, and attack it, before Mc Arthur could come up, knowing him to be near. No proof could be more conclusive that he knew Hull would capitulate : for the idea of a garrison of larger force than the assailants being unable to defend themselves for two or three hours, never could have entered the head of that gallant soldier.' He says in his report, somewhat cautiously: "Certain considerations indifced me to agree to the two supolementary articles." What these considerations le, he does not ex- plain. General Hull himself refers to them as separate private agreements. No doubt it was for Brock's advantage not to have to furnish ra- tions to so large a body of men, nor could he probably have felt very s^Te in having a force of unparoled prisoners larger than his own army. He may also have had some compunctions for ' In a private letter to one of his brothers. General Brock says : " I crossed the river, contrary to the opinion of Colonel Procter, , &c. ; it is, therefore, no wonder that envy should attrib.ite to good fortune what, in justice to my own discernment, I must say |)roceeded from a cool calculation of the pours and contrisT — l.ije, p. 267. 304 HUM. PAROLED fCHAr XI. General Hull, whose condemnation and punish- ment for such an unconditional surrender could not have been avoided. The article concerning the Ohio troops was made very shortly, and on the same day. Cass and Mc Arthur had sent up Ca^Jtain Mansfield to inquire into the terms of the surrender, with notice that they should not submit if it was unconditional. That concern- ing the Michigan troops must have been made later, as Major Witherell was taken down the lake as a prisoner, and only submitted to parole at Kingston. There is something curious about this, as Brock's report implies that it was made as early as the 1 7th. General Hull was, on his arrival at Montreal, offered his discharge on parole, by Sir George Prevost, without request, and was allowed to go home. The other officers who had been captured at Detroit, or while fighting else- where, were not so easily parted with. General Brock's reports are destitute of any expressions of respect towards General Hull, and the contem- porary reports of the private statements of Gen- eral Brock, and other British officers, indicate that they did not regard him favorably. ' The garrison and forces thus basely surrend- ered were enraged and confounded, as well they might be. The American force at Detroit, with- out counting Cass and McArthur's detachments, exceeded Brock's white army by about 400. Upon this the testimony is full. It is very well known « 3 Niles Reg., 44. Chap. XI.] CONTEMPORANEOUS EVENTS ELSEWHERE. 305 that Indians were never of any use against a gar- rison in camp : and the forces of Cass and Mc- Arthur, with the rest, far exceeded Brock's whites and Indians together. When we remember the previous sieg^es of Detroit, under Dubuisson and Gladwin, and the subsequent events at Fort Meigs and Fort Stephenson, the course of Hull becomes so astounding that it excites our amazement to know what men can be led to do, when their judgment and courage have utterly deserted them. On the very day when Detroit was surrendered. Fort Dearborn — evacuated the day before under Hull's orders — was burned. At the same time another Hull was actively engaged in looking after enemies on the ocean : and three days thereafter, in the Constitution, captured the (iuerriere from a gallant enemy, Captain Dacres, who was not long" after exchanged for Colonel Miller, one of the noblest soldiers of any of our wars. ' On the I jth of August, Captain Elliott made his appearance at Brush's camp, near C^odfroy's post on the Raisin, and claimed his surrender under the capitulation. The outlying troops were not included in the articles, but Hull undertook to cover them afterwards. It being the unanimous opinion of Colonel Amlerson. Captains Rowland and Brush, and the remaining ufticers, that they were not within the surrender, ihey declined lo accede to the demand. Captain Rowland was in favor of remaining in camp and keeping up the 306 TWO COURTS MARTIAL . (Chap. XI. post. In this he was overruled, and tht; troops retired. Captain Brush havinj^ been tried by court martial for an alleged violation of duty in rej^ard to the surrender, the court unanimously decided that his courst; in refusing t'> hold it bindinjT on his force was correct and laudable. A court martial was ordered in January, 1813, to meet on the 25th day of February, 181 3, to try General Hull. This court was dissolved without meeting. A second court convened at Albany on the 3d of January, i 4 Niles R.. 44. ' s Niles R., 213. Chap. XI.| KKASONS KOK UtLAY 317 finally exchanged, and a second court martial was called at once. I'he government was not respon- sible for the delay, and it is very (juestionable also, (though of course this would not excuse re- missness,) wheiiier the delay did not save him from some peril. There was the same opportun- ity and temptation to pack the first court as the second. If the first court had heard the testimony introduced on thi; trial, and viewed it, as they might and |)robably would have done, as the second court did, such a trial and conviction, coming just alter the? massacre of Frenchtown, would not have been free from the dangerous pressure of the general horror and indignation arising from that act, which was the sequel to the surrender; and mercy would have been very doubt- ful. The last trial was held when the mischief had been overcome in a great measure by the brilliant successes of Perry and Harrison, and the country restored ; and people were much more disposed to be lenient. The idea of a conspiracy among such officers as the court and witnesses, the latter of whom had no losses of reputation to make up. and had made famous names by their subsecjuent conduct, is too atrocious to discuss. When a prisoner convicted asks the world to presume that his rep- utation is to be so sacredly esteemed as to raise presumptions against the honor of a dozen men, who have been much better known and tried than he ever was, and who have acted in his case under 318 HULL'S MEMOIRS I Chap. XI rules generally supposed well calculated to secure justice, he goes beyond the boun' ,dulity. McArthur, and Cass, and Miller, ant.! van Home, and Jessup, and Whistler, and Snelling — to say nothing of the rest, — are names that, in Michigan at least, cannot be easily smirched with suspicions of cowardice, or conspiracy or perjury. The memoirs create an impression that Gene- ral Hull had dwelt so long upon his case as, after ten years, to have persuaded himself that all of the reasons which he gives why he ought not to have expected to succeed, or to do anything more than he did, were before his mind and deliberately acted upon, and actually governed him. Some facts he has certainly forgotten, and assumed as very different from what they appeared in other testimony than his, which is at least as reliable. In regard to the numbers of Brock's troops, he resorts to a method of dealing with Colonel Snel- ling's testimony which is so absolutely ridiculous as to excite surprise. Snelling estimated the force of Brock at 750 regulars and militia, which is within fifteen or twenty of the official returns. On the trial. General Hull (although not admitting its accuracy) did not question the efl'ect of this testimony, if believed, but claimed that, whatever the numbers were, it was not the force present merely, but the one which might be expected to come after It, which he had reason to fear, ami which made a surrender proper in view of future dangers. In his memoirs, he gravely insists that Chap. XI. | UNREUABI.E ASSERTIONS. 319 Snelling's language indicated that 750 was only a "third of the whole force, and that the other two- thirds were regulars and uniformed troops, instead of showing that one-third of the entire force of 750 was ordinary militia, and two-thirds uniformed regulars and militia. It appears from the official reports that there were 400 militia, in command of a major and four captains, and 330 regulars, consisting of 30 Royal artillery, 250 of the 41st Regiment, and 50 of the Royal Newfoundland Regiment. Colonel Snelling counted them by platoons, and his count was therefore very accurate, and slightly in excess. In accounting for his own numbers, Hull is equally unreliable. He represents in the i6th number of his memoirs that 1,200 Ohio militia and 300 regulars were all he ever had regularly put under his command, and that "a few strag- gling volunteers, from the novelty of the scene, curiosity, or a desire to see the country, followed the army and were included in the return." Out of those he intimates that several details were made along the road, and several invalids left be- hind, and 180 would not cross the river, making with the rest, at least 300, to be deducted from his army. To this deficiency was added an offi- cer and 30 men left at the Raisin. The Michigan troops were summarily disposed of by represent- ing them as drau^n from a population of not much more than 4,000, scattered along over 500 miles of territory, and of no account. 320 MATERIAL UK HULL'S ARMY. [Chaf. XI. The Ohio regiments of militia, amounting to 1,200 or more, were all infantry. In addition to this, there was a cavalry force, to which he makes no allusion. The whole Ohio troops, at the small- est calculation, were reckoned as not less than 1,500. At Fort Findlay. on the 26th of June, the rolls showed there were present 1.960 of regulars and volunteers. The evidence on the trial showed that there was no lack of dragoons, to go on escort duty and special service, and none of these appear to have been regulars. Two troops of cavalry were included in the surrender. The as- sertion that General Brock's return of 2,500 troops captured was a fiction of that officer, is not en- tirely satisfactory, when that General enumerates the companies and regiments taken; and their forces, so far as known, would accord with his aggregate very closely. Hut the statements con- cerning the Michigan troops are equally fallacious. Although the population was small, it was within a narrow region, and not scattered all over. The troops are shown, by clear proofs, to have been good soldiers. Colonel Anderson, who command- ed the 2cl Regiment on the Raisin, showed by his letters to Hull of August 4th, that he relied on his men and expected them to fight, and th(\- never were disparaged. While insinuations art- thrown out concerning Colonel h^lijah Brush's Regiment at 1 )etroit as disaffected, there is nothing to indicate they were well founded, beyond Hull's own assertions. Knaggs, whom he reports as go- Chap. XI. 1 • MICHIGAN TROOPS 321 ing over to the enemy, was for many years there- after government interpreter. Judge Witherell's troops are passed over in silence. The Legion, originally organized in 1805, under Colonel Brush, was a thoroughly reliable force. Captain (after- wards Colonel) Richard Smythe, a very gallant offi- cer, commanded a company of horse belonging to it. Hubert La Croix was captain of another company, aiid did good service all through the troubles. Stephen Mack, another good officer, had a third company. Antoine 1 )equindre, also cap- tain in it, receivetl the thanks of the Michigan State Legislature many years after, in ierfectly carried out. The public records were in part removed, and .some of them disappeared. 'Hie worst act ot sp(^liation related to land titk;s. The land claims confirnKnl by the commissioners, under the \arious statutes, for the benefit of occupants, or h; irs or grantees of occupants, holding in 1796, were not finally ratified by Congress imtil April 23, i^ht. or in the morning ; but he was induced to believe the alarm groundless, and, in spite of warnings, disregarded it. Colonel Wells, who commanded the regulars, endeavored in vain to spur him up to diligence. He neglected to call a council, or to use any means against surprise. No scouts were kept out, and he omitted, in spite of urgent representations, to distribute ammuni- tion, so that many of the troops had a short sup- ply. Colonel Wells became so uneasy that he left his own men in command of his subordinate. Ma- jor McClanahan, and hurried to the Maumee to obtain reinforcements, but although led on at once, they came too late to save the day, and turnetl back when they learned of the surrender. Before day-break on the 2 2d the British at- tacked th(; camp with a heavy fire of shells and canister, and made a desperate assault with regu- lars and Indians. Lewis's force being protected by heavy picket fences, which were a very good defence against muskets and light missiles, were 342 SECOND BATTLE OF THE RAISIN. [Cha^. XII. enabled to hold their own. The regulars outsidt; were uncovered, and exposed to the full fury of the assault. Winchester and Lewis, with loo men out of his force within the enclosures, joined them, and for a considerable time held the enemy at bay; but the large body of Indians succeeded in turning their right flank, and they were compelled to cross the river, where, though fighting desper- ately in smaller bodies, they could make no united defence. The greatest portion of them were killed and scalped. No quarter was given to the Americans in this part of the field. Winchester and Lewis, with a few others, were finally induced to surrender to Roundhead, who stripped them and took them to Proctor, who commanded in person, ("olonel Allen was killed. He was a man of ability and his loss was deeply felt. The left and centre, under Graves and Madi- son, maintained their position, and the small ar- tillery made little impression on them. Their rifle- men picked oft" the British gunners whenever they showed themselves, and Proctor and his white forces had withdrawn beyond range, so that the besieged soldiers had time to eat their breakfast. At this time Winchester was taken to headquar- ters, and impressed by the barbarities he Iiad witnessed and suffered, and by the suggestions of Proctor that the allies could not be restrained, and miscalculating the condition of the troops under (iraves and Madison, he consented to a surrender on condition — as he reported — that the Chap. XII. | WINCHESTKR SURRENDERS. 343 prisoners should be protected, private property secured, and the side-arms of the officers restored to them at Maiden. L'nfortunately, this was not reduced to writing — probably because not conve- nient, and no one in that army was then acquainted with Proctor. A white Hag was sent to the camp, accompanied by Proctor in person, and by Major (J)verton, one of Winchester's staff, (iraves and Madison hesitated about submitting, knowing the habits of the Indians, and refused to do it with- out full assurance of safety. Proctor pledged himself to respect the conditions, and to send sleds for the wounded to take them to Maiden next morning, and to have them all safely guarded in the meantime. On these assurances they surren- dered. Some of the Indians immediately began to be insolent, and Proctor, on being appealed to by Major Madison, intimated it was beyond his power to restrain them. Madison at once ordered his men to protect themselves with their guns, and thereupon the savages were called off and did them no more mischief The unwounded troops were at once marched off towards Maiden. Proctor afterwards reported that the surrender was unconditional. Upon this he is flatly contra- dicted by Winchester, and the promise to Madison to the same effect canrtot be gainsaid. Those offi- cers were men of unsullied honor, and no one can doubt their correctness. The assurances of Proctor were heard and verified by many others, and testified to by Colonel Lewis and twenty-one .344 CONDITIONS llkOKEN. IChai-. XII. Other officers,' immcdiatoly after their return in March, as well as by some who were longer de- tained, and by civilians at Frenchtown. The reso- lutions passed by a meetinjr of returned officers, held at Krit; on the iXth of Februar\-, iSi;.' not only aver distinctly all the conditions, but other further promises made by Proctor and Klliott for the safety of the wounded, and how all of them wcTe disregarded. Private property of officers and .soldiers was allowed to be plundered, and the officers' side-arms were never restored. Some of the worst atrocities to individuals were not pub- iicl)' known until shortly after, though most of the bloody deeds which have made the River Raisin tt*rribly famous occurred at once. I'he victory was dearly bought. Proctor hati 1.S2 killed and wounded among his white forces, or more than one-third of their whole number. Of the American troops, not more than 30 or 40 escaped, ^^^y prisoners were accounteil for as first estimated, and this number was increased by 40 or 50 afterwards ransomed from the Indians. The number of killed and missing was j;97, a large number of whom were not slain in action but murdered afterwards, and a few subsequently came in and were ransomed. The loss of the Indians is not known, but it must* have been very large. The men fought desperately, and were onl)- over- come l)y numbers. ■ 4 Niles K., S.s. s 4 Niles R., 13. Chap. XII. 1 MASSAeRK OF.I'RISONKRS. 34*') Proctor started at oiicc for Maiden. When it was discovered that he was leaving no guard be- hind to jjrotect the wounded, of whom there were very many, he was remonstrated with, and some ol those who were abh: to travel desinnl to ac- company the forces, but they were persuaded that the)' would be safe, and that the n(;xt morning they should all be taken safely to Maiden on sleds. The Indians retired to Stony Creek, a few mil(;s oft, and it was represi'nted that the interpreters who were left behind had fidl control over the savages. Personal pledges were given to souk,- of th(; officers, and one. Captain Hart, (a verj highly est(.'emed officer, and brother-in-law of Henry Clay,) who had met an old acquaintance and friend in Captain l^lliott, who had been entertained in his own house, received from him positive assurances of safety and care. These pledges were not fulfilled, but it is not certain that }''lliott was responsible. The kiml- hearted inhabitants had tenderly cared for the wounded in their own homes. The next morning about 200 drunken savages, who had been indulged by their white leaders with the means of a df^ bauch at Stony Creek, came into the devoted vil- lage, and in council determined to kill and scalp all the wounded who could not travel. xAfter plundering the village, they broke in among the wounded, and stripped and tomahawked them. More than 60 were burned up in the houses whert; they were confined, those who tried to es- 346 MASSACRKOK PRISONKRR. |Chap. XII. cape from the fire being driven back and slain. The streets were strewn with the mangled bodies. Those who could walk were started off for Mal- tlen, and a few were, for large sums, allowed to ride. Most of these were killed on the road, and the number taken to Maiden was very small. Captain Hart, Captain Virgin McCracken of Colonel Allen's regiment, Winchester's secretary Captain Woolfolk, and Ensign Wells, were slaugh- tered on the road. The bodies of Woolfolk and Hart were privately rescued, and concealed for burial, by some French citizens. Many prisoners were carried to the Indian villages on the Huron and Rouge, and to Detroit. Many were murdered and some were ransomed. Major Graves was seen on the Rouge a few days after the massacre, but his subsequent fate was never known. He was beyond doubt put to death. No imagination can exaggerate the dreadful scenes of those hor- rid crimes. The brutal tyrant who controlled this region would not even interfere to allow the bu- rial of the dead ; and the bodies of the murdered soldiers were left to be devoured by unclean beasts. The French inhabitants, whose testimony was given on oath concerning these transactions, described the efforts which were made to save some of the bodies from this pollution, and the details of the ravages of the dogs and swine are too dreadful for description. Dr. McKeehan, who was sent up with a Hag of truce to help attend the wounded at Maiden, Chap. XII.] ' PROCTOR'S MISCONDUCT. 347 was treated shamefully by Proctor. After being^ charged with coming for improper purposes, and resenting it, as he had reason, he was for a time employed as aid to the other surgeons ; but on the 2d of March he was arrested, under pretext of carrying on a private correspondence, and in a few days sent down, with Israel Ruland of De- troit, to Montreal, being treated ignominiously on the way, and on his arrival there shut up in a filthy subterranean dungeon for more than a month. No charges were ever made or alleged against him, and no explanation was ever given or guessed at, unless that he had not taken in silence the insulting abuse of Proctor. That officer was now promoted to be a brigadier general for his vic- tory at the Raisin, where, according to the gene- ral orders announcing his promotion, his gallantry " was most nobly displayed, in his humane and unwearied exertions, which succeeded in rescuing the vanquished from the revenge of the Indian warriors." Surely this was penned without knowl- edge of the cruel sarcasm which was conveyed in it. Whatever grounds for complaint existed against others, no one was found anywhere who competed with Proctor in barbarity. In this he had neither peer nor rival. The massacre of the Raisin seemetl to arouse and quicken all his malignant passions. The Indians who had carried off many prisoners to their own villages, began to bring them in for ransom. Knsign Baker, of the 2nd V. S. Infantry ){48 lAlK <>•' 4" "^^^''l jdive and in captivity in the woods. He traced Major (iraves as on tlu- River Rouj^e, on the 25th or _'6th of January, but heard no more of him. Robert Abbott, (alUTwards Auditor ( iencM'al of Michigan,) stat<'d that on or about the 2.Sth of lanuary an Indian woman came to his dwelling on the RouL(<", and told him an American prisoner was that morning killed in the Indian camp, because he had expn^ssed hatn^d for the Indians. Hut whether this was Major ( ira\cs or not no one knows. A\ the date of Raker's statenuMit, the mutilated Irai^meiits ol the dead still remained scattereil over the j^round, and the Hritish oHiceis said the liulians would not suffer them to be CiiAr. XII. I'KISONF.KS KANSOMI |i. W.) hiirif'd. lint then- can he no (|ii(^slion of the |)f)W('r ol Proctor to have s('(iir(''. U'txxhoniu/, who with imwearied zeal (rxerted himself in our 350 WOODWARD HKNKVOI.ENl CI riZKN> (CiiAf XII. bchair at Detroit: he was the life and soul of the rc'inaining Ain(;ricans, he man to whom th(r) all looked up lor success in th(; hour of dilficulty; lor advice on every occasi<)n. This, added to the inlluence he at first had with some ol the liritish officers, (enabled him to do wonders for MS. This ^(Uitleman, whose e.\alt('d undcTsta-idinj.; entitU;s him to the; first consideration for talcMits, appears to have no wish separaK; from th(; intiT ests of his country ; thoui^h eminently <|ualified to (jnjoy society, he }^riv(;s up all its swc:ets to shield the unfortunate of his ( ountr) from savaj^e cruelty and British oppression." A man who mad(; such a record, at such a time, is oik; of the nol)l(;s of the earth. If the history of his time rt;(|uir(;s his foil)l(;s and his odditi(;s to he recorded, l(,'t it also be record(;d that before such (pialities as he showed durinj^^ those scen(;s of trial, his w(;akn(;sses, though maj.;nifi(;d an hundredfold, wen- of v(;ry small account. Amonj.,^ the names of those most prominent in th(;se b(;nevolent efforts, he m(;ntions C'olonel Mlijah Hrush, Major ll(;nry j. Hunt, Richard Jones, judj.(e James May, Major .Ste|)h(;n Mack, Colonel (iabriel (iodfro)', Robert Smart, Doctor William Brown. Oliver W.Miller, John McDonell, l*(;ter Audrain, Duncan Keiil, and Mr. Macomb. Of ladies who ransomed Kenluckians, he men tions M<;sdemois(;lles l,ass(;lle, Labadie. .Scott. Hays, and others not specified. iHAi- XII I lil'NKIAl TDkS ()!• PR ISc INKHS, 851 ( )! these slcrlinj4 patriots. C'oIoik;! liriish was a son in law of John Askin, and Major Unnt ol An;;ns Mackintosh, prominent L^cntlenien ol Canada, but neith(;r ev(M- swerved from his (hity. Jndj^e May was one ol tlie oldest citizcMis ol I )elroit, havinj4 hved there since i77. XII. i VIOLATIONS OF THF. CAPITULATION. 353 the battle of the 2 2cl January, 1813, and felt satis- fied with your assurance, that you considered your own honor pledged for their effectual pro- tection. Since the result of that batde, facts are before their faces which the\' cannot shut their eyes upon. Souk; of them arc;, perhaps, unknown to yourself. 1 will enumerate some which I be- lieve there will bi- no difficult) in establishinj^ be- yond the reach of contradiction : "Firs/. Some of the prisoners, after the cap- itulation of the 2 2d Januar\-, i.Sij;, have been tomahawked b)' the savaj^es. "Strom/. Souk; of th(; prisoners, after that capitulation, have been shot by the savag^es. " Jliird. Some of the j)risoners, after that capitulatitMi, have been burnt by the; savages." The 4th, 5th and 6th charges include shooting and pillaging the inhabitants, and burning their houses. The Judge urges that General Proctor enter into some convention with the citizens, to rectify the evils, (ieneral Proctor having, in writ- ing, through his aid-de-camp, asked for proofs, they were furnished abundantly, and have been preserved and published by the United States Government. But he also sent a verbal message through Major Muir, which Judge Woodward re- garded as dishonorable, and which leil him to ask his passport. In this message Proctor asserted " tha*^ there was no capitulation on the 2 2d Jan- uary, and that the prisoners surrendered at dis- 23 364 rVRANNU.AI. MF.ASURRS (Chap. XII. cretion." As JikIj^^*' Woodward had not the means of proof on this snhjcct, he assiini(;d Prfx-tor would not falsify it. lint in this he did him more than justice. The part of the mcssa^a- which he re- sent(-d, was Miiir's siij^j^^cstion that the I'Vcnch citizens should take the oath of aliejujiance to the Kin^^ l'j)on the charact(!r of such a su^i^estion, to persons remaininjr under a capitulation pro- tectinjr them and their pro|)erty, he used verj' stronj^ lan^niaj^u'. Me innuedial(;ly (h'parted for Washini(ton, and not only informed the govern- ment of what had passed, but at the nupiest of a committee, in Albany, published his correspond- ence, and some of the testimony, for j^^eneral in- formation. IVoctor, relieved Irom the presi;nce ol a man whom he both resijected and feared, j^ave lull scop(; to his malice. He ordered all the inhabi- tants of I'Venchtown to Detroit. Israel Ruland and Doctor William Mcl)owell .Scott w(Te arrested and sent below, wh('re they wert; lon^r heUl in close im|)risonment on the pretext of bein^ Brit- ish subjects adh(?rin^ to the; Americans. .Scott was nn>st h.irshly treated, as a man of much in- dependence and induence. lie had been in the Territory since iSoo, and had occupied a judicial position under the; Territory of Indiana, and was Marshal of Michij.jan. He; was an Irishman by birth, and a very pleasant and cultivated jj^entle- man. His ilescendants are still in Detroit. Mr. Kinzie of Chicai^o had been previously subjected CHAf. XII. 1 IIANISHMF.NT OF CITIZRNS. ^hft to infamous truclly on sonic similar prcttjxt, and Mrs. 1 Iclm, alter three months' imprisonment amon^ the Ineh'ans, was shut iij) another three months in a British prison to t^ratily his s|)iie. ikit he had determined to |L;(tt rid of all trouble- some wit!u;ss(;s still earlier. At the end of Janu ary, when he stopped the ransom of prisoners, he went furth(;r, and orden-d to he banished from the Territory all the leading Americans, e.xccpt those of I'"r' and lij.;ht, or leave the arms and ammunition to the Indians, who would resist to the last extremity. In contempt for his cow- ardice, he compared him to a fat cur, sneaking off with his tail between his legs, after making a great show of courpge. Maiden was evacuated on the 1 8th, and an officer was left behind to burn up everything as soon as the American army made its appearance. The Heet was now used to bring over the troops from the main land. It was impossible to transport the horses, and these were all left in Ohio with a guard, while the .sokliers acted as infantry. The)- at fu'st encamoed on Middle Sister Island, and on the 27th of September crossed over the narrow space to the Canada shore about four miles below Maiden. They at once marched into Maiden and found it deserted by all 24 370 IlKlROn RKGAINEI). IChap. XII. its defenders. Harrison at once prepared to set out after Proctor, but without any expectation of overtaking him until he should reach the Thames, where he had told Tecumseli he meant to make a stand. It was necessar)- to obtain a few horses, and on the 27th. Harrison wrote to Governor Meigs that, "a miserable French pony, upon which the venerable and patriotic (iovernor of Kentucky was mounted, is the only one in the army." On the eve of lanciing, Harrison issued a brief but spirited order, closing with this significant pass- age : " Khntucki.xns — remember the River Rais- in ; but remember it only while the victory is sus- pended. The revenge of a soldier cannot be gratified upon a fallen enemy." The sons of that noble State that in this war had sent out more than 17,000 valunteers, had come at last to their opportunity, aad they did not abuse it. Proctor was at Sandwich when Harrison landed, and he at once moved eastward with the Detroit garrison and all his auxiliaries. On the 2Sth, the American Army reached Sandwich, and (lenera! Duncan Mc Arthur crossed over and took posses- sion of the fort, which he had left before under such different circumstances. The overjoyed in- habitants ' were released from what had become a reign of terror. The fort had been fired, but the flames were extinguished, and General McArthur drove off a horde of hostile Indians, who were prowling round the neighborhood. The fleet arrived the same day. On t'ne 29th, General Harrison issued his proclamation, restoring the Chap. XII. I IIATTLE OF THE THAMES, 371 civil authority as it had been before the surrender, and entru.sting its administration to the old in- cumiients when present, and to their next pre- decessors, it absent. Colonel Johnson's Riflemen came up on the ,soth, and crossed into Canada the day after. The American Haj.^ is said to have been raised by the inhabitants before McArthur's entrance. But it never Moated again from the old flag-staff. That was left bare and uncared for as a memorial and warning, until a few years afterwards, in June, 1820, it was blown over by a severe wind and ceased to be visible over the walls. What igno- minious uses its ruins may have served it is not recorded. It was not in demand for relics. McArthur's command was left to hold Detroit, Cass's brigade was left at Sandwich, and Harrison, with a force of about 3,500, on the 2nd of Oc- tober, pushed on by land after Proctor, — the smaller vessels of the fleet sailing up the Thames. Proctor was at last overtaken at the Moravian towns, and compelled to give battle on the 5th. The mounted riflemen dashed through the British line and turned it, and in less than ten minutes the whole force was captured, except General Proctor and i 7 ofificers and 239 men. The official reports of his own government show that he was regarded as having been guilty of grossly dis- graceful conduct." His brave ally, Tecumseh, met ' sir '.eorge Hrevost, in his general orders, ii.ses this severe laiiL;ii;if;e : " On this tlisgracetiil dav, upwards dI 600 otticers and soldiers were taken 372 TKCUMSEll kll.l.KU. IChai'. XII. a soldier's death by the hands of a very brave enemy, having been shot by Colonel Richard M. Johnson, while the latter was wounded and held down by his own horse, which had fallen on him, and Tecumseh was approaching to kill him. James Knaggs, who aided in carrying Colonel Johnson off the field, was intimately acquainted with Te- cumseh, and recognized him when pointed out by Colonel Johnson as an Indian whom he had shot in self-defence. Probably no one in the army had as good a knowledge of Tecumseh as Captain Knaggs, who had been for' years an interpreter, and familiar with all the chiefs. The identty of the slayer and of Hie slain is as well established as testimony can establish anything. General Cass and Commodore Perry acted as volunteer aids to General Harrison, and he gave great credit to both for their efficient help in making his arrangements and preparations. On the 7th, which was the anniversary of the Battle of King's Mountain, (Jovernor Shelby was put in command of the army, and Harrison left for Detroit. On the 14th he appointed General Cass Provisional Governor of Michigan Terri- tory. The Indians began to desert Proctor before the battle. Walk-in-the-Water left him some days prisoners almost without a struggle, of whom but very tew appeared to have been rescued by an honoriible death from the ignominy of passing imder the American yoke, nor are there many whose wounds plead in mitigation of this reproach."— AViv/'.v Life, 366. Chap. XII. | KAILURK AI MACKINAW. 373 before, and begged permission after the battle to follow him up, and thus atone for his own de- linquency. The tribes were left by the result of the campaign on the verge of starvation. Harri- son treated them kindly, and the hostile forces, consisting chiefly of Potawatamies, Ottawas, Chip- pewas, several bands of Miamis and Weas, and soi: e Wyandots, came in and gave hostages, and weu' supplied with food. The victories on Lake Erie and the Thames ended the Indian troubles, except an occasional outrage from small bands, not approved by the tribes. .Several expeditions were sent out from time to time into Canada before the war closed. General McArthur, in 1814, penetrated nearly to Lake Ontario, and swept back along Lake Erie, doing much mischief to the enemy. Fort Gratiot was built in that year by the officer whose name it bears. An attempt was also made in 1814 to retake Mackinaw, which failed, and Major Holmes, a very brave officer, from whom the old fort was after- wards named, was killed. The British were aided in this instance by whites from the Sault, and by detachments in force from Green Bay, cvjmposed chiefly of Frenchmen owing allegiance to the United States, and Menominie Indians, under their great chief Thomas, (usually called in imitation of its French sound Tomaw,) who was as remarkable in his gifts as Fecumseh, but less capable of self- control. 374 NEGLECT OK BENEFACTORS. fCHAr. Xll. The Territory now began anew Its career as an American community. Henceforth, the evil influences of British jealousy and cupidity ceased to operate to its ruin. Though for many years there were occasional encroachments, the region was no longer debatabh; ground, and the Indians generally acknowledged the American supremacy. It is time that the men who rescued Michigan from its thraldom were remembered with less perishable memorials than the annals of the War Department. Kven General Cass received his only public memorial by having a county named after him, in company with the members of General Jackson's Cabinet, and not for his civil or military services. Harrison, and McArthur, and Miller, and Johnson, and Perry, and all their brave coad- jutors, have been passed over in silence. The name of .Shelby, first given to the fort at Detroit, was dropped for that of Wayne, and the gallant old governor has no memorial. .'Xs soon as careful search had discovered and identified the body of Captain Hart, he was ex- humed and buried in Detroit with every honor which could be paid to his lifeless remains. It can never be too late to perform our duty to the rest — now passed beyond the reach of earthly glory, by doing something whereby they may be worthily commemorated. A few years ago, on the 4th of July, 1872, the survivors of the massacre of the Raisin, and of Chap. XII. I HONORKD .MKMORIFS. 375 the battles that succeeded it, met at Monroe, to review the scenes ot that time of trial ; and the brave men who had all passed far beyond their three score and ten were gratified by the homage of the younger generations, for whose heritage they and their dead comrades had faced the perils of savage warfare, and redeemed Michigan for American liberty. To those for whom they saved it, the fame of the honored dead of Kentucky and Ohio should be as dear as that of Washington and his companions in arms, and the memory of that heroic struggle should bind these States together with the warmest love of kindred. Among the other benefits of the Centennial celebration, we ought to number the renewal and perpetuation of all those honorable remembrances ; and the evidences of our gratitude should be gracious and lasting. CHAPTER XIII. ADMlNFsrkArioN ol' COXF.KNOK fASS. Gknkkai. Cass was made? permanent Governor of Michiti^an Territory, and William Woodbridge, of Marietta, Ohio, was appointed Secretary. Mr. Atwater, who had left Detroit immediately after the surrender, never came back. The Judges retained their offices until the change in their tenure, created in 1.S23, by the act re-organizing the Territory. The war had scattered the people, and the population had fallen away considerably. It was not until peace was finally declared that the country was entirely relieved from the ravages of the hostile Indians. While most of them had made peace, and behaved reasonably well, the Saginaw band of Kishkaukon was very trouble- .some. Murders and outrages were committed in the immediate neighborhood of Detroit, and within its corporate limits. The people, when they had a chance to reach the aggressors, followed them up vigorously. General Cass acted in these emergencies with great energy, and went out in person with the volunteers to chastise the marau- Chap. XIIl.] PEACE WITH INDIANS. 377 dors. After tlv.- failurt' of thi; Mackinaw expedi- tion, no further attempt was made in that (|uarter till the treaty of peace, I*"ort Gratiot, built at the place once occupied by Fort St. jo.seph in the 17th century, was intended, like that, to control the passage to and from Lake Huron, as the northern Indians jj^enerally travelled in their canoes through the River St. Clair. On the 22nd of July, 1814, ( lenerals Harrison and Cass made a treaty at (ireenville, between the United .States and the Wyandots, Delawares, Shawanoes and Senecas on the one s de, and the Miamis, (known as the Miami Kel River and VVeea tribes) and a portion of the Potawatamies. Ottawas, and Kickapoos, whereby it was agreed they should all make peace, and enter into alliance with the United States, acknowledging their supremacy. On the 8th of September, 181 5, Harrison, McArthur, and John (iraham, made peace with all of those tribes, as well as with the Chippe- was, residing in Indiana, Ohio and Michigan. This was not signed by very many of the Chip- pewa or Ottawa chiefs. Okemos signed it as a chief of the Ottawas. The treaty of peace with Great Britain did not put an immediate end to the bad feeling. This stipulated for the immediate restoration of all places captured, with all papers, public and private, and for determining, by commissioners, the boundary line in those waters where the position of islands or other difficulties made it 378 HDRDKK \ KXAIIONS. (CliAr. XHI. (loiibtfiil, aiul pleds^cd each i^ovfrnmcnt to [)lace \\h'. Indians where the) were in i.Sii. The British officers near I )etroit paid no at- tention to the houndars Hnes, but pursued desert- ers into the Tnited States, and on some occasions undertook to assert jurisdiction over American citizens on (irosse lie and in American waters. An Indian was killed at (irosse He in the act of attemptinj^ to murder an American, and the com- manding officer at Maiden, Colonel James, directed an inc|uest, and offered a reward for the per- son who killed him. Governor Cass at once issued a proclamation enjoining the proper asser- tion and protection of American jurisdiction. Colonel Hutler, commanding at Detroit, had also occasion to hold a sharp correspondence with Colonel James, concerning various infractions of right. In addition to other grievances, it was understood that Mackinaw was not likely to be surrendered, and that the Indians (which probably meant Dickson and the traders) meant to hold it. Maiden was retained until such arrangements were made as ensured the delivery of Mackinaw. On the first of July, 1815, Maiden was turned over to the British, and an American force sailed for Mackinaw, and took possession. But the distance from headquarters, or some other cause, rendered some of the British officers in this region extremely insolent, and for a year or two there were continued aggressions. The American navy on Lake Erie had been dismantled, Chap. XIII.) SKARCH n| i.AKK VESSKLS. 379 and the naval officers at Maklen, in 1816, under- took to visit and search American vessels, under pretext of lookinjr tor deserters, thus renewing- on the lakes the outraj^t's which had led to the war. (ienttral Cass, on bein^ intornietl of these insults, wrote a stronjjf letter to the Maiden officials, and laid the matter before the authorities at VVashinjj^- ton, where no doubt the acts were reputliated, as they were not repeated, and were prol)ably ex- cesses of instructions and mere private impertin- ence. The intrigues with the Indians were kept up, both about 1 )etroit and in the north, ^nd American territory was used in that region for purposes very unfriendly to the United States. The trading companies paid no heed whatever to law or international obligations. It was not until two Indians were hung for murder at Detroit, instead of being as usual despatched in more summary fashion, that a full check was put to their outrages in that neighborhood. The first necessity of the country was more people. No lands had been surveyed before the war, except the old private claims. In 1812, among other war legislation, an act was passed setting aside two millions of acres of land in Michigan, as bounty lands for soldiers. As soon as the war wa.- over, and circumstances permitted, Mr. Tififin, the Surveyor General, sent agents to Michigan to select a place for locating these lands. Their report was such as to induce him to re- commend the tranfer of bounty locations to some 38(> Kl I'uin ON IIOUNTV lANhS ICHAr. XIII, otheT part ot the Unitt'd States. They Ix'j^^in on the boiiiulary line between ( )hi() anrl Indiana, (which was the western hniit ot tlie lands sur- rendered to the I'nited .States h)' the Indian treat)' of 1S07,) and, tollowiniLi it north for fifty miles, they descrihetl the country as an unbroken series of tamarack swamjis, bol(()NK.vr SI'KVKVS 881 they hail ncverr visited the places. That trick was of later invention. It may be that the surveyors did not desire to run lines which bordered on the Potawatamie country, tor tear ot personal risks, which wert: certainly possible. Mut the country was not unknown. it had been travtTsed fre- quently b)' traders, and others, and was. not very lon^ before, frequenteil by buffaloes in ^reat numbers. The fact that Michii^an contained so many Indians was proof that its lands wiTe ^^ood, for they seldom conjj^r<;^ate e.\ce|)t in elij^nhlo regions. Mellish had published, a few years before, a very accurate i^eneral account of tlu; whole Lower Peninsula, in which the countr\ is as well described as it could be in as few words to-day. Some have supposed tlie surveyors wen; bribed by those who wislu^d to prevent settlements. Although there were pf;rsons interested in that direction, there is no evidenc<; that they interfered. It is nevertheless possible that they either bribed — or more probably adopted the cheaptM" course ol scaring — the surveying party. /J It has already been stated that during Hull's administration there were no counties laid out: and the divisions were all into districts. (General Cass, who had much cleare-r notions about popu- lar institutions, began early to establish the ordinary American divisions. Wayne County, as originally laid out in the Northwest Perritory, was not exactly coincident with Michigan Terri- tory, even in its diminished i)roportions. Put a 382 I.OCAI. DIVISIONS. [Chap XIII. sinjj^lt! county, covcrinj.,^ th«* samt; jfco^raphical (-•xtt'iit with an (Mitirc State or TiTritor)', would be an anomaly, and a county split uj) into sever al supreme judicial districts, would he more anomalous. Assuminj.; that tin." surveys would he made, and the hounty lands located, (ieneral Cass, on the 2 1st of Novtmiher, 1H15, he^i^an the county system, by layinLj out that part of the Tt^rritory in which the Indian title had heen extinjLjuished, into Wayne County, with its seat of justice at 1 )etroit. At the same time he divided the whole Territor) into road-districts, coincident with the sevttral militia-company districts, which were alreaily de- fined. No provision had yet been made for establishinii^ townships, and until the people became indoctrinated with ideas of self-govern- ment, which the Ordinance had not assumed as one of their early i)rerojTatives, there was no place for these small nqjuhlics. In 181 2, Conyfress had directed the President to have the northern boundary of Ohio surveyixl. in accordance with the law authori/injj^ that Statt? to form its constitution, "and to cause to b(,' made a plat or plan of so much of the boundary line as runs from the southerly extreme of Lake Michigan to Lake Flrie, particularly noting the place where the said line intersects the margin of said lake." (//r/ of May 20, 18 12.) 'I'he war interrupted this, and it was not surveyed until some years thereafter. Meanwhile Indiana had obtained a population large enough to entitle it Chai-. XIII I INDIANA AMI ll.t.lNUlS. }\h:\ to admission into the Union. On tlu- iQlh of April, iSi6. ill*' pfopU," ot that Ttrrritory wen; authorized to form a State; and its boundaries, instead of heinj^ left as the)- were when Michii^an was set off, were fixed on the north by an east and west line ten mili^s north of the southern point of Lake Michij^an, thus takinjj^ a strip ten miles wide off from the soutlu;rn portion of Mich- igan Territory. As our pef»ple had then no representatives, and there was no public journal in the Territory, this ePTcachinent necessarily remained for future st^ttlement. \hv State was admitted December ii, iSi6. On the iSth of April, i8i(S, Illinois was authorized to form a con- stitution, antl its boundary was continued north- ward beyond that of Indiana, to latitude 42° 30', to that extent curtailin^j^ the future State of Wis- consin. Illinois was admitted on the y\ day of December, 181 8. All of the old Northwest Terri- tory north of Indiana and Illinois, was from this time made a part of the Territory of Michigan On the 14th of July, 1S17, ti.- County of Monroe was established. In the pr< vious month provision had been made for the erection of a jail at Mackinaw for the use of a future county. The immediate occasion for the orijanization of Monroe County was probably the expected visit of President James Monroe, who had then started out on his tour through the Northern .States. He arrived at Detroit about the middle of August, accompanied by several distinguished officers. On 384 ['RKSIDKNT MONROE IINANCES. |Chai' XIII. the 14th he reviewed the troops. On that occasion Governor Cass, on behah" of the State of New Yoriv, presented to General Alexander Macomb. a magnificent sword, in honor of his conduct at the Battle of Plattsburgh. Generals Brown and Wool were present, and probably (ieneral McNeil, as he went north soon after. The Detroit Gazette, the first regular newspaper of any permanence established at Detroit, made its appearance at this period. It was conducted by John P. .Sheldon and Ebenezer Reed, and was an able but very caustic and personal Journal. - The financial affairs of the Territory were not satisfactory. The currency chietly in vogue was Ohio paper, (which was becoming of very poor credit,) and private bills or shinplasters, which very soon became much more abundant than the prosperity of the country required. In parts where the press had not {penetrated, business was carried on upon the system of barter, or " dicker" as it was then called, and occasionally specific articles became practically legal tenders. Among other things it is related that in one community nests of wooden bowls became current for small change, as shingles were subsequently in the pine country. There were financiers, nevertheless, who understood their position ; and it is related of one shrewd gentleman that, being in an adjoining State where he was personally unknown, and where some of his shinplasters circulated, he took part in the abuse lavished on them, and induced some of his Cmap. XIII. ] CATHOLEPISTEMlAl). 385 traducers to join with him in manifesting contempt for such trash, by burning it; — he setting the example, by throwing a large parcel into the flames. In the prospect of a future growth in popu- lation, it was deemed proper to organize the University, for which provision had been made several years before. On the 26th day of August, 1817, just after Monroe and Cass had departed southward, an act was passed to incorporate the Catholepistemiad or University of Michigania. This institution, which was identical in law with the present University, contained thirteen didaxiac or professorships, which were sufficiently compre- hensive. These were to embrace (1) cathole- pistcmia, or universal science, the incumbent of this chair being President; (2) anlhropogiossica or language, embracing all sciences relating thereto ; (3) mathematics ; (4) pliysioonostica, or natural history ; (5) physiosophica, or natural philosophy ; (6) astronomy; (7) chemistry; (8) iatrica or medical sciences ; (9) oeconomia, or economical sciences; (10) ethics; (11) polcmitactica, ox VLxXxXasy sciences; {12) dicgetica or historical sciences ; (13) mnoeica or intellectual sciences, embracing all the cpistcmiim or sciences relative to the minds of animals, to the human mind, to spiritual existence, to the Deity, and to religion. — the Didactor or professor of this being Vice President. The didactors or professors were to be appointed and commissioned by the Governor, — each might hold •25 386 CATHOLEPISTEMUD fCHAr. XIII. more than one chair, and their salaries were pay- able out of the public treasury, the taxes being increased 15 per cent, for that purpose. The united faculty formed the corporation, with power not only to regulate its concerns, but to establish colleges, academies, schools, libraries, museums, athenaeums, botanic, gardens, laboratories, and other useful literary and scientific institutions con- sonant to the laws of the United States of America and of Michigan ; and to appoint teachers through- out the counties, cities, towns, townships, and other geographical divisions of Michigan. These sub- ordinate instructors and instructrixes were also to be paid from the treasury. Four lotteries were authorized to raise funds. The students' fees were not to exceed fifteen dollars a quarter for lectures, ten dollars for classical, and six for ordinary in- struction : and the expense for poor students was to come from the treasury. On the same day the salaries of the professors were fixed at twelve dollars and a half, instructors twenty-five dollars. President twenty-five, and Vice President eighteen dollars. Appropriations were made at the same time to pay all of these, and a further sum of one hundred and eighty dollars, to apply on lots and building. A gift of two hundred dollars more was made a few weeks later towards enclosing the building. This plan was adopted in view of movements already begun, and it went at once into opera- tion. Rev. John Monteith and Rev. Gabriel Chat. Xltl.] DONATIONS. 3S7 Richard were appointed to the various professor- ships, and they forthwith established primary schools in Detroit, Monroe and Mackinaw, and a classical academy and college in Detroit. On the 29th of September, 181 7, a treaty was made at Fort Meigs, between Generals Mc Arthur and Cass and the Chippewas, Ottawas, Potawat- amies, Wyandots, Shawanoes, Delawares and Senecas ; whereby the Chippewas, Ottawas and Potawatamies, in view of their attachment to that church, and their desjre to have their children educated, gave to St. Anne's Church, Detroit, and to the College of Detroit, each an undivided half of six sections reserved to those nations by Hull's treaty of 1 807, — three of the sections being on the Macon Reservii on the River Raisin, and the re- mainder to be selected thereafter. There were also many private gifts and subscriptions to estab- lish the Detroit schools and College. One thou- sand pounds ($2,5(X)) was subscribed in a single day in aid of the building. Probably the same liberality prevailed in the other towns. From that time on Detroit never lacked good schools. The first University building was of brick, twenty-four feet by fifty. It was used for school purposes more than forty years. The pedantry of this act, which was drawn by Judge Woodward, and his selection of phrases which are neither Greek, Latin nor English, led to much ridicule. But the scheme itself was approved, and carried out. It is by no means 388 UNIVERSITY. NEW COUNTIES. [Chai-. XIII. likely that he did very much more than put in this questionable shape a plan already agreed on. The other members of the Legislative Board were as well educated as himself, and as zealous in the interests of education. In many respects it is an admirable system, but it was found afterwards that it lacked accuracy and completeness, and was not by any means perfect. When the Territorial statutes underwent a general revision in 1 820-1, this was replaced by a less pretentious act, and it was never published by the Governor and Judges except in the newspapers. In considering the plan of the Catholepistemiad, the suspicion naturally arises that in providing for a chair of catholepistemia, or universal science, the worthy Chief Justice may perhaps in his mind's eye have seen a new Bacon in the in- cumbent, who would vary his judicial pursuits by devising a newer Organon, and discourse to in- genuous youth de omnibus rebus ct quibusdam aliis. But Dis alitcr visum. The Governor lacked ap- preciation, and another received the office. The land surveys had made such progress that sales were ordered in the fall of 18 18. All the country to which the Indian title had been ceded, or which contained settlements, was laid out into counties. Macomb County was established January 15th, 1818, and Michilimackinac, Brown and Crawford, on the 26th of October, 18 18. Brown County took in the eastern part of Wis- consin, with its county seat near the mouth of Fox CiiAr. XIII.I COUNTY AFFAIRS PROSPKRITY. 389 River; and Crawford County the western part, with its county seat at F^rairie du Chien. On the 30th of May, 1818. the duties of man- aging county affairs were tranferred to county com- missioners, three of whom were to be appointed in each county by the (iovernor. The Territory was now in a very fair way of growing. There were very few roads as yet, and facilities for land travel did not abound for many years. But the business of Detroit was flourish- ing, and the country, in spite of the report of the surveyors, was believed to be worth seeking. The lakes were not yet much navigated, and all trav- ellers by water were obliged to take advantage of occasional schooners, of small capacity. Never- theless, the sums received in 1817 for the carriage of passengers over Lake Erie to Detroit amounted to 1^15,000. This indicates a good business. The military road had been finished about ten miles beyond Monroe, and some travel came over that. In 1 818 the exports of fish and cider amounted to $60,000. The ponies which abounded in the woods, were very serviceable for travelling through the country upon the trails. These tough and sagacious ani- mals ran at large, and droves of them, branded, usually, with the name of some owner or reputed owner, were to be met everywhere near the set- tlements. When the seasons were dry, they would come in to the streams for water in large troops, and sometimes in the night they would gallop 390 WILD HORSES. PACKING. fCMAP. XIII. through the streets with a great clatter, but doing no harm unless where salt barrels were left ex- posed, when they would break them in to get at the salt. On a journey they were usually span- celled with a strap, or fettered, at night, and the bell which each one wore was freed from the straw which had bound the clapper through the day. They rarely strayed far from a camp. They lived on what they picked up on the road, and were very free from the diseases which attack animals more tenderly raised. In March, 1818, shoes were sent up from Detroit to Green Bay for the troops, by pack-horses. That town had been garrisoned in September, 181 7, and the American jurisdiction .had never be- tore been exercised there effectually, unless by judge Reaume, whose authority seems to have belonged to universal jurisprudence. The use of pack-animals instead of vessels, shows the limited extent of water carriage. The abundance of horses, and the small expense of their sustenance, made this less costly than might be supposed. The winter carriage in the upper country was for many years conducted by dogs, and people were very expert in devising contrivances for their animals. The pack-saddle was made of light wood, so padded and shaped as not to gall the horse's back or shoulders, and everything was dis- pensed with which could be spared. It is not very many years since Indian cavalcades of these pack- horses were not unfrequently met in the forest, Cmat. Xin.] WAYS OF TRAVELLERS. 391 carrying the tent-poles and other movables of the wigwam, and the utensils of all sorts belonging to the household, with more or less of the members of the family perched on the pack-saddle, or peering out from the loading. i '^ On these journeys, travellers, of whatever rank, were compelled to take such provisions as were least burdensome. Hulled corn was one of the staples, and this, with a modicum of fat meat or tallow, was the chief reliance of voyageurs knd engages. Maple sugar was largely used with the corn. Such game, fish, fruit, or other articles as were found along the road, were welcome additions to the frugal meal. A common form of condensed food was called praline, composed of parched corn, pounded fine and mixed with maple sugar. Corn was also used by the French and Indians in the form of a soup or broth called medaminabo. AH wise travellers who could afford it took along a generous supply of tea, and after their evening meal and copious draughts from their tin cups, they rolled themselves up in their blankets, with a saddle or log for their pillow, and slept soundly with no other shelter. The population had now reached the number authorized under the Ordinance to form a repre- sentative government. It having been submitted to a popular vote in the spring of 1818, whether this step should be taken, it was voted down by a large majority. It is difficult for us, who have been educated under a system of self-government Ji92 POPULAR r,OVKKNMKNT REJKCTED. [Chap. XIII, to comprehend the feelings of those who have bet*n brought up under a paternal government. The brief period of representation in the Assem- bly of the Northwest Territory had not habituated the French settlers to our notions, and the absence of any local system in township and county ad- ministration left them entirely ignorant of its ad- vantages. Those who reached middle age before the people in the Territory became entitled to vote for their own officers, were not always pleased with the change, and some of them, who survived to a very recent period, never ceased to sigh for the good old days, when the commanding officer was the whole government. General Cass was in advance of any states- man of his time in his ideas of popular inter- ference in the selection of all grades of public officers. There is much difference of opinion now concerning the policy of electing by general vote those officers whose functions are not representa- tive. He adhered to the doctrine with tenacity, that the people should have a direct voice in ap- pointments generally ; and some matters which, in his subsequent national career, were occasions of difficulty and opposition, were the direct results of his consistency in his opinions on this subject. A man who occupied such offices as he filled at various times can rarely be dealt with impartially, until the political excitements and prejudices of the period have been removed. But it is due to his memory by all candid men, whether political CHAr. XIII.) (IKNKRAI. CASS. 393 adherents or opponents, to admit that he was not only a patriotic and energetic officer, but above all things a sincere and devoted admirer and up- holder of America and American institutions. When we look at the circumstances attending the early existence of the Territory, and the difficul- ties besetting its progress, the importance and value of his services as Governor can hardly be exaggerated. • The difficulties of the Legislative Board might very well have disposed him to desire a change in its composition. With too much good humor and good sense to become involved in any per- sonal difficulties, the want of harmony between his judicial associates, and the occasional present- ation, as an excerpt from the laws of other States, of such a piece of language run .mad as the charter of the Catholepistemiad, must have been sorely annoying. That queer production was acted upon in his absence, though not against his wishes. He was prompt in aiding to endow the University ; but the two soldiers who negotiated the Treaty of Fort Meigs had some respect for good English, and named their beneficiary the College of Detroit. It would have tried the skill of some of the interpreters to turn that mixture of jargons into the dialects of the woods. In March, 1818, the people were called u|K>n to perform another solemn duty. It had been a matter of much difficulty to identify or bury any of the victims of Winchester's unfortunate mas- 394 HONORS ro CAPTAIN HART iCmap. Xlll. sacre at the Raisin ; and, after all their efforts, the authorities were only able to determine the burial place of Captain Hart. His fate had been sinjjfularly sad, and no one had been more la- mented. He was not singular in his self-devo- tion, for in that all his companions were like him. But his admirable personal qualities, and his promise of eminence, as well as the peculiar circumstances of his death, made his name con- spicuous. Left behind at Frenchtown after the British went to Maiden, and not being sent for by a personal friend who had promised to send for him, and who was under obligations for kind care during his own sickness, he was finally slain while on the road to Maiden, by reason of a dispute between his guides. When it became practicable to perform the last honors to his mem- ory, a meeting was called, at which the Governor presided, and preparations were made for his re- interment at Detroit, with all due solemnity. A committee of the principal citizens made the necessary preparations, and on the 1 7th of March his funeral rites were celebrated, with all the tokens of respect and sorrow which were due to him, not only for his own sake, but as a repre- sentative of the noble dead whose lives had been spent for the people who now mourned him. The 27th day of August, 1818, was a day long remembered in Detroit. On that day the first steamboat made its appearance on the Strait. The steamboat Walk-in-the-Water, (whether named Cmv. XIII.] THE FIRST STEAMBOAT. 395 from the Wyandot chief, or for her own qualities, is uncertain,) arrived on that day from Buffalo, with a large load of passengers. She was built at Black Rock, and when completed was taken up to Buffalo against the strong current, not by her own motive power, which had not yet been tried, but by what Commodore Blake facetiously called the " horned breeze," several yokes of strong oxen towing her up safely.' .. . Ihe Indians had received early intelligence that a great ship drawn by sturgeons was to make its appearance in the Detroit River, and when the steamer glided up the stream without any visible means of progress, the red men swarmed along the shore and filled the air with their noisy shouts of wonder. Henceforth the way was clear for the west- ward-bound pioneers. The land was put in mar- ket that season, and purchases were made of con- siderable amounts by actual settlers. The weekly trips of the steamboat brought up full loads of passengers, on some occasions as many as a hun- dred. The steamers were then considered large which to-day would appear too small for even • General Whiting, in a y>« d'espnt entitled "The Age of Steam," read at a Fourth of July steamboat ride, in 1S30, refers to this: " And where was e'er the modem wight. Who, though posiessed of second sight. Twice eight years since could see a boat Within the shadowy future float? Or see one lying at Blacic Rock, (For Buffalo then had no docic,) Compelled tu lay the Straits below, Tr, and at onct,- the larj,^(; body of laborin):^ (X'oplc, who had nothinj; to keep them in the city, fled into the country, with exag^j,^e rated stories of horrors, which were bad enou^di at the best. Many citizens were attacked by the cholera in a severe form, and a lar^e share of them died. A church building was converted into a hospital, and all was done which could be to mitigate the sufferings of the victims. Business was hardly thought of. The air, whether really or in fancy, appeared unusually oppressive ; and at nightfall, at the street crossings and all along the public ways, as well as at private houses, great kettles of burning pitch blazed, and threw up dark columns of smoke late into the night. The customary so- lemnities of burial were shortened, and sometimes neglected. A rigid quarantine intercepted the or- dinary course of travel. Lkit the omission which at first was most noted, was that of the tolling of the bell. A custom had prevailed for a long time of ringing the passing- hell, immediately after the death of any person in the town. The build- ings were mostly within a small compass, and the bell of the First Protestant Society, which was used for all public purposes, could be dis- tinctly heard everywhere. In such small commu- nities the death of any one interests the feelings C»A». XIV.) MOVEMENTS oK TROOPS 439 of all ; and the tolliiii; which announced that some one had just dcijaricd, was always heard with solemn emotions. Hut when the victims of the cholera hej^ran to multiply, the lrec|uency of these knells added to the ^^eneral panic, and it becanu; necessar)' to iliscontinue them. The cus- tom once broken was not renewed, and was soon fortrotten. A considerable force of United States troops was ordered to the seat of war, and they were all sent up by steamboats from I3"ffalo, bound for Chicago. 'I'hese detachments reached Detroit early in July. The Michigan volunteers from De- troit had left before the cholera became fatal, and marched across the country ; but their services were not required, and the orders were counter- manded before they reached Lake Michigan. Colonel Garry Spencer's cavalry troop had marched beyond tlie St. Joseph's River, but the infantr)' had not gone very far before they were recalled. The first detachment of regulars, con- sisting of 220 men, accompanied by Major General Winfield Scott, went up on the steamboat Sheldon Thompson.' When she left Chicago on the re- turn trip, one officer and 51 men had died, and 80 were sick. General Scott and several other officers had mild attacks of the cholera, but soon recovered. On the 8th of July it was known in Detroit that of 370 who had gone up after General Scott's party, under Colonel Twiggs, and had been 440 CHOLERA VICTIMS. TKRRITORY EXTENnKI). iChap. XlV. compelled to land below Fort Gratiot, only 150 r(Mnained — a large number having died of cholera and the rest deserted. Very few of these panic- stricken wn^tches reached Detroit. Most of them died in the woods and on the road, and of these many were devoured by wolves and other beasts. A third detachment, under Colonel Cum- mings, had at first encamped at Detroit, where several died. The survivors were embarked on the William Penn, but in a short time were com- pelled to rtiturn. They were put in camp again at Springwells, and there was afterwards compara- tively little mortality among them. It was reckoned that more than half of the aggregate commands were swept away. Of six companies that left Fortress Monroe, but 180 men returned; and the losses among others were in similar pro- portion. Among the more prominent citizens who died during this summer, were F"ather Gabriel Richard, and General Charles learned, — a distinguished lawyer, who had been Attorney General of th(; Territory. Jacob M. Howard, and bVanklin Sawyer, (afterwards .Superintendent of Public In- struction,) were students in his office. On the 2(Sth of June, 1834, all the territory west of the Mississippi River and north of Missouri, as far as the Missouri and White Earth Rivers, was attached to, and made a part of the Territory of Michigan. The Legislative Council was also authorized to hold an extra session, on Chap. XIV. ] DEATH OK OOVERNOR PORTER 441 the call of the (lovernor. The necessity of this arose from the annexation. On the 5th of July, Governor Porter died of cholera, which was during that summer very fatal. Seven per cent of the population of Detroit died in a single month. His funeral services were celebrated in the Capitol, and were attended by a very large concourse of people, who held him in great respect. His death would have been a loss to the Territory at any time, and it was at this time especially lamentable, as the public affairs soon became critical, and would have been all the better for his good sens(> and prudence. The Council was called together by Acting (Governor Mason in SCjjtember. The western ter- ritory was set off into the Counties of Dubuque and De^- Moines, and put in the same circuit with the County of Iowa, east of the Mississippi. A law was passed for taking a census of the Territory. Provision was also made for appoint- ing boundary commissioners, to adjust the southern boundaries with Ohio, Indiana and Illinois. Noth- ing came of this latter project. Governor Porter's place was never filled. General Jackson sent to the Senate for confirma tion the name of Henry I). Gilpin. This nomina- nation was rejected. The President and .Senate were not at this time in full accord, and Mr. Gilpin was obnoxious as having been connectetl with some of the matters which had given rise to the difficulty. This arose chieHy from the appoint- 442 HOPULATIUN !Ch*i-. XIV merit of Roger B. Taney as Secretary of the Treasury, antl his removal of the pubhc deposits from the United States Bank, which led to resolu- tions of censure on the part of the Senate, and to a nc'W political (organization and the merging of the old parties. Mr. Taney's nomination was held over by the President until the end of th(* session, when he was rejected at once. General Jackson made no further nomination after Mr. (iilpin's rejection. Afterwards he had entertained the id(*a of filling the vacancy by an appointment during the recess. Finding this could not be done, he left Secretary Mason in charge of the executive department of the Territory, until he became dis- satisfied with his course during the period before tht! establishment of the State gov(;rnment. As this occurred but a few weeks before Governor Mason was elected and assumed office* under the State, it was too late to be anything but a source of some trouble to the estimable — but impru- dent — gentleman who last undertook to govern Michigan as a Territory. Ihe census, which was completed before the adjournment of the Council, showed that, within the boundaries of the original Territory of Mich- igan, there were 87,273 free inhabitants. This was an increase of 61,768 beyond the 26,505 re- ported by the census of 1830. More people had come into Michigan in four years than the 60,000 which entitled her to become a State. This did not include the large immigration west of Lake CHAf. XIV.) WISCONSIN 443 Michigan, whereby Wisconsin had already obtained a population which would give her, if a Territory, the right to a complete popular legislature. The Legislative Council of Michii^an, in December, 1834, memorialized Congress upon the subject of establishing a Territorial government for Wisconsin. This had been mooted for some time, and " Muron" Territory had been the very inappropriate name before suggested for it. The; Hurons had not lived there, and Lake Huron did not touch it. The name finally selected was appropriate and satisfactory. Nothing was done by Congress to set apart this Territory until Michigan was ready for admission, when Wisconsin was set off, and her new career of independence began on the 4th of July, 1836. But the last delegate to Con- gress from Michigan Territory, George W. Jones, had been purposely allowed to be chosen from Wisconsin ; and the Michigan authorities had done all in their power to advance the admission of that region as a separate Territory. On the 26th of January, 1835, ^" ^^t was passed, which, after reciting the act of 1805, whereby the territory north of an east and west line, running from the southerly bend of Lake Michigan to Lake Erie, was set off as the Terri- tory of Michigan, and the people, whenever there should be 60,000 free inhabitants, were authorized to form a permanent constitution and organize as a State, appointed an election of delegates. to form a convention to adopt a constitution and State 444 CONSTITUTIONAL CONVENTION noUNDARIKS 'Chap. XIV. e||<(| 1(1 dis< nss ih« in, il is not with the pa thetic lament ol < )neen Mar\ over lh<- loss ol ( alais, nor the hankerinL; lor territory which has made Alsace i.orraiiw ;i diliatalile l-touiicI so ionj^. I lowevctr donhtliil the ItarjLjain was oritdnalls liy whicJi Ohio obtained the spoils, il has hec n ratiti< to lie disputed ; and our only present emulation is Irieiidly and neivlihorly. I h<- liistor) ol the dis|)uii(| hounclai')' is not complicated. I he ()rdinan tlie (Inion as a matter ol rij^dit, whenev(rr it should ha\«- that number. It was not in any way intimat<(l or im|)h(;d that Congress should Ix; first re(|uired to L;ive permis sion, b(;fore the initial st'|)s were taken. The or dinance itself ^av(; this permission, as plainly as it did that for (;stablishin|4 a I erritorial Le^isla tun; tf) supplant the Lej.(islative lioard. 'I'h«' onl\ difficulty that could arise must have arisen out ol the authority to cremate live, instead of three .States. Antl this was the j^^round insisted upon by those who ((uestionetl the rij^hi of Mi(:hij.fan. The |jerpetual compact provided lor "not less than three, nor more than five, .States;" and the thr(!e contemplatc;(l wen; formed by the itidelmite continuation northward, to the national boundar) line, of the |jresent lines between Ohio and Indiana, and between Indiana and Illinois. These wen- sub ject to this provi.so: " I'rovided, however, and it is further understood and declared, that the boundar ies of these three .States shall be subject so far to be altered that if Conv^ress shall thereat t(;r find it expedient, they shall have authority to form one or two .Statt;s in that jiart of the said tcM-ritory which lies north of an east and ivcsl line dnnvn Ihroiiiili llic souihcr/y bend or ex tn me 0/ Lake A/ie/iioan. And whenever any of th.<; said States shall have sixty thousand free inhaJjilants therein, such .State shall be admitted, by its delegates, into the Congress »H*f XIV 1 sotrruF.RN imuNDAkv. 4'''>1 of tlif lJnit<(l St.'iU's, on ;in (•(|u.il footing' with the orij^iii.'il States in all respects what<'ver; and shall !)«• at liLeriy to forni a perniaiu-nt ronstitii- lion and State ^overnnent : I'lovidai, the eon- stitntion and government so to lie lonn<(l, shall he repiddiean, and in eontormity to the prin' i|»les contained in di<'se articles; and so far as it (an he (onsisKtnt with the ^M-neral interests of the confederacy, such admission shall he allowed at an tN'irlier period, and when there ma) he a less nuinhei- ol hce inhahiiants in the State than sixty thousand." This (onipac t was declared to he perpetual. It was esiahlished when there was no <'.\|)eclation that any ( liant^e would he made in the articles of confederation, which would j^dve Conj^ress any legislative power that coidd tam|»er with the Or dinance, or provide for govcrnin;^ 'I"erritori<'s hy direct C'on^M'essional int<'rfer(;nce. ihe practical construction put u|K)n it by the first Congress f)l the United States under the ("onstitution, was that it was unalterahle. There were hut two powers reserved t«) Con^'ress hy the Ordinance; one; of them — the appointinjj^ power — hein^ executive in its nature, and the othf;r — the desij^nalion of States north of the latitude of the southern point of Lake Michigan — hein^ one of those mixed |)owers which may he (exercised ly lej^islatures tiiems(,'lv(;s, or delegated. Hy the Con- stitution of the I niled Stat(!s the appointinj^ power was made executive (;nlirely; and the ixnver of 452 SOUTHERN BOUNUARV. [CiiAr. \1V. admitting States was left Congressional. Instead of remodelling this Ordinance, the Congress of 1789 adopted this preamble: "ll'hcreas, in order that the Ordinance of the United States in Con- gress assembled, for the government of the Ter- ritory Northwest of the River Ohio, may continue to have full eftect, it is recjuisite that certain pro- visions should be made, so as to adapt die same to the present Constitution of the I'nited States. " Be it enacted," etc. The change made was in transferring the executive functions to the Presi- dent and Senate, who under the Constitution had succeeded to that branch of the old powers of Congress. It is also to be remembered that the compact against change did not cover any but six specified articles of the Ordinance. No subsecjuent act ot Congress for the estab- lishment of Territories, outside of die lands owned before the Constitution, has ever contained com- pacts beyond the recall of Congress : and it may be doubtful whether Congress could so stipulate. But no such doubt can exist concerning the Con- gress of the Confederation ; antl the Congress of 1789 evidently intended to respect their agree- ments. The east and west line which was named in the Ordinance, was adopted without (jualihcation. The suggestion of Mr. Binney that it was in- def.r(linanc(' for the very purpose of excluding 454 SOUTHERN BOUNDARY. [Chai-. XIV. Wayne County, for fear it would change the political character intended to be given to the new State. By the act of Congress, which pur- ported to give all inhabitants a right to vote for delegates to a convention, no one in Wayne County was allowed to vote, either in his own county or in any other district. It had not been ascertained that the territory included had 60,000 people, and the law allowing a State to be formed was matter of favor and not of right. The statute assumed the precise boundary of the Ordinance, until it struck Lake Erie, or the national boundary line. The delegates were elected to do precisely what this act called for ; and their action was not referred back to the people for ratification. The act of Congress reserved the right to annex the country north of the line and of Ohio, to that State, or to organize one or more States there according to the Ordinance. No power was given to the Ohio convention to change the lines. That convention, however, having learned that the line mentioned in the Ordinance might probably run further south than was supposed, passed a resolution providing that, with the assent of Congress, the line should in that case be drawn from the south point of Lake Michigan to the north entrance cape of Maumee Bay. No act or resolution was passed by Congress, for the express purpose of admitting the State, or approving its constitution. The members were allowed their seats in the two houses, like those CHA». XIV.] SOUTHERN BOUNDARY. 455 from other States ; and the only laws passed as- sumed that the State had already become one of the United States by the act of its convention alone, under the terms of the enabling act of 1802. When Michigan was organized as a Territory, the line of the Ordinance of 1787, and not that recommended by the Ohio convention, was adopted as the southern boundary. This wast just two years after Ohio was admitted, and when her sen- ators and representatives were able to represent her interests in Congress. Either they did not oppose the line, or their opposition was overruled. It is evident the Ordinance was still regarded as sacred. This is all of the legislation of Congress re- cognizing or establishing boundaries. The debates in Congress in 1834 and 1835, as well as after the formation of the Constitution of Michigan, were very full, and several reports were made. It was held with almost absolute unanimity, that the dis- puted territory belonged to Michigan, until Con- gress should legislate further. Mr. Adams and others held the Ordinance was irrevocable, and be- yond the power of Congress at all. Others, holding that Congress had power to give the land to Ohio, thought it policy to so grant it. Every one felt that unless Michigan consented, there was room for legal controversy. A Territory could not sue or be sued in the United States Supreme Court. A State could sue another State there ; and it had been held in the very recent contro- 456 SOUTHERN HOUNDARV. (CHAr. XIV, versy between New York and New Jersey, as it has been several times since, that boundary ques- tions could be so Htigated. It was only by acting before Michigan became a State, and by keeping her out until she surrendered her claims, that the matter could be put beyond doubt. Indiana and Illinois were as much interested as Ohio in fore- closing this future litigation ; and Michigan was coerced into either giving up her claim, or being left where she could never litigate it. How this was done will appear presently. If Congress lawfully possessed the power to change the boundaries, its decision would have been binding, although in violation of a very solemn contract. Had it been made without the extorted consent of Michigan, the question of Congressional right could have been settled by the L'nited States Supremo Court. This would have lessened the temporary excitement. ^ )hio was not willing to leave open her present right, or her right under such legislation : but, with In- diana and Illinois, desired to have it foreclosed by some act which would bind Michigan at all events. The equities of Ohio to have the line changed were placed by that State, or its ( iovernor, chielly on three grounds, viz : the intent of the Congress of 1787 to fojlow the supposed line, which was further north than the real one ; the action of the State constitutional convention ; and the pre- ference of the people within the district. Chap. XI v.] SOUTHERN liOUNDARY. 457 The last point, if true, could hardly be regard- ed. The country had been settled, and its settle- ment made possible and facilitated, entirely under Michigan law ; and the new preferences, if they existed, were very recent, and were created by the promise of improvements, coming from Indiana, which, if important enough, would sooner or later have been made necessary under any circumstances. But if the inhabitants of any por- tion of a State or Territory are entitled lo have their wishes for a ^hange of allegiance respected, there would soon be an end to pfovernments. If there was a mistake concerning the real position of the southerly point of Lake Michigan, no one knows just where it was supposed to be or who made it. The pencil line on a map said to have been before the committee of Congress — although the map has never been verified, and the story is somewhat apocryphal, — is said at the same time to have thrown the line a little below Detroit, and far to the north of the Mau- mee. There is no evidence that Congress paid any attention to this question, or cared where the line fell; inasmuch as it was subject to their future discretion whether to run the line at all or not. It was not the wish of the people of Mich- igan in 1802 to be separated from Ohio. It was known they would have; voted against this ; and when they were separated, it was on the basis that all of Wayne County should be cut off from a voice or interest in the new State. If the Con- 458 SOUTHERN BOUNDARY. [Chat. XIV. gress of 1802 examined into the matter at all of the location of the line, it is quite as likely, and more consistent with honesty, that they meant to follow the then existing lines of Wayne County, as that they meant to cut off a portion of it without giving the people a right assured to every other inhabitant of the country set apart as Ohio. Wayne County was very well known to cover this land. What map was supposed to have been before the Congressional committee is not known. There were undo;jbtedly maps then extant which did not place Lake Michigan as far to the south- ward as it really ran. But there were others that did. If it had been deemed essential, some care would probably have been taken to find out the latitude. The French explorers often gave the result of their observations with accuracy, but their maps are not uniform, and very few maps of that period were carefully protracted. D'An- ville's map places the south end of Lake Michi- gan below any part of Lake Erie. Some of the French and English maps bring it so far east as to strike the line between Ohio and Indiana. The map in Parkman's " Conspiracy of Pontiac " is substantially accurate, in regard to the relative positions of the two lakes. It is not stated from what that was copied. It may be modern, but if so it is not drawn from modern sources in many respects, and in some is very inr ecu rate. It is probable that in the one particular of making the CnA». XIV.] SOUTHERN BOUNDARY. 459 point of Lake Michigan north of the Maumee Rapids, the preponderance in number exists in' favor of it among the maps then in vogue. But where this is so, they do not even approach an agreement as to the real line. And it is not asserted that the Ohio convention of 1802 acted on any map or upon any other definite informa- tion, in desiring Congress to change the line. They proceeded on the statement of a man who was no surveyor. The equity is a very slight one, at best, that hang.s on such a support, and the evidence is not clear even as to that. As to the action of the convention of 1802, its force is the other way, for they knew the line must be changed, if made to suit them, and Con- gress never changed it, but at several different periods acted adversely. The organization of Michigan, in 1805, was upon the expressed theory that the line was at all events to run east frqm the point of Lake Michigan. In 1807, Governor Hull procured from the Indians a grant of right of way for a road from the foot of the Miami Rapids to the Connecticut Reserve, for the expressed purpose of connecting the Ohio and Michigan setdements. In 181 2, Congress required the Michigan line to be run on the parallel of the so !*h point of Lake Michigan. Applications were made to Congress on behalf of the more northern line as desired by Ohio, repeatedly through a period of several years, and were never acceded to. Ohio never attempted to claim by 460 SOUTHERN BOUNDARY |Chap. XIV practical steps that the Hne was already as she flesired, until Michi<(an was about becoming a State : when Governor Lucas took the measures already alluded to, under pretexts of title. The action of Ciovernor Mason and the Mich- igan (Council was no more than every civilized irovernmcnt is bound to exercise, when her peace- able possession under the law of the land is suddenly invaded. The United States laws, as well as the Territorial laws, had defined the Terri- torial jurisdiction ; and the Territory was in posses- sion, — not recently asserted but long undisturbed. The civil officers had no right to abdicate their powers ; and neither the Governor nor the Presi- dent, both of whom were the servants of the law, could have relieved those officers from liability for neglecting the duties which the law laid on them. No Michigan officer ever attempted to surrender the authority of the Territory. Had he done so he could have bound no one. There is no likeli- hood thjit Commissioners Rush and Howard made any such attempt. If they had attempted it, their action would also have been nugatory; and every one of common sense must have known it to be so. The President of the United Slates has power to remove governors of Territories, and may thus indirectly secure such action as men who choose to abdicate their manhood may take to please him. But neither he nor his appointees could lawfully interfere to change or suspend the laws of the Territory ; and General Jackson is not shown to Chap. XIV. J LUNUUCl Ot .M1CH1L.AN. 4G1 liave asserted any such power. It is not within the constitutional power of any State to set on foot a war of invasion ; and acts of violence done beyond the State by any one would be in law mere private misdeeds, which would be punishable in the same way, whether authorized or disavowed by the State. The opinion of Mr. Butler, and of the United States executive, was in harmony with these principles. While a nation may, perhaps, by avowing an act of its officers abroad, cover them from personal responsibility and put itself in their stead, a State of the Union has no extra- territorial functions, and can., it justify others in doing \irrongful acts elsewhere. It is probable that, in the excitement of the times, those Michigan officers who performed their functions in the disputed territory, were not always careful to measure their conduct by line and plummet ; and abuses may have been com- mitted under color of law. This, though not justifiable, was, in view of the natural infirmity of human dispositions, a consequence easily foreseen ; and it resulted from the provocation and resistance. Although a defendant who justifies an assault by pleading against his adversary sok assaii/f drnicsnc (his own assault,) usually sets up for himself that he thereupon softly laid hands on him, [jiiollitcr nia/uis iniposnil,) yet a jury generall\' finds that any laying on of hands not grossly in excess of what would suffice for self-protection, is soft enough to satisfy the conscience. The a/ia enormia 462 CONSTITUTION ADOPTED. [Cma*. XIV. — the filling in or aggravation of the charges, — in cases of border violence, is not usually regarded as putting the offended — and in turn offending — power in the wrong upon the main question. But after the lapse of forty years, and the growth of many friendly relations, it is not unpleasant to remember that the only lives lost were those of two horses, one on either side, one — according to tradition — an Ohio steed slain by General Stickney by mistake, and one lost in some unknown way, for which the State of Mich- igan paid Mr. Bailey. A sheriff's officer who was stabbed by Two Stickney recovered in due course of time ; and those who suffered other griefs have probably been sufficiently repaid by the serene consciousness of having some personal adventures to talk about. The Constitutional Convention met at Detroit, on the second Monday in May, 1835, and after a patient session, submitted a Constitution for the popular approval, which became operative by adoption. An election was called for the first Monday in October, 1835, ^^ vote upon the Con- stitution, and to elect a Governor, Lieutenant Governor, Members of the State Legislature, and a Representative in Congress, all to become enti- tled to their offices in case the Constitution should be ratified. The first Legislature was to meet on the first Monday of November. This Constitution contained the usual bill of rights. Its only peculiar political feature was that Chap. XIV.l CONSTITUTION. 463 it gave the right of voting to all free adult white male inhabitants who were residents of Michigan when the Constitution was signed, whether citizens of the United States or not. This provision, (which had no permanent importance, because all voters would soon be otherwise qualified for naturalization) was a difficulty urged with some force in Congress, against the validity of the Constitution, as interfering with the laws of the United States. It is however to be borne in mind that the Ordinance of 1787 did not require voters to be citizens of the United States. At that time each State had its own naturalization laws; and two years' residence in the Territory made one a voter, if otherwise qualified. The action was, therefore, not entirely without prece- dent, and was necessary to prevent the dis- franchisement of those who had :..een dlowed to vote for the delegates who sat in the convention. The Legislature consisted of a Senate and House of Representatives, over whose acts the Governor had a veto power corresponding to that of the President. The Governor and Lieutenant Governor were to be elected for terms of two years, and the executive power was vested, as by the United States Constitution, in the Governor, or in the Governoi and Senate. The courts were to consist of one Supreme Court, and such inferior courts as the Legislature should ordain ; except that express provision was made for courts of probate and justices of the peace. 464 CONSTITUTION. IChap. XIV Cabinet officers, and all other State officers, were to be appointed by the Governor and Senate. County and town officers, judicial as well as min- isterial, were made elective. Education was to be supported and encouraged, a university and schools maintained, and the university and school lands and their proceeds, and all other funds obtained for similar purposes, were to be kept inviolate. A superintendent of public instruction was also provided for, — judges and State officers were subject to impeachment for criminal and corrupt conduct ; and judges could be removed on the address of two thirds of each branch of the Legislature. Other offices were subject to removal as might be enacted. Slavery and invol- untar\ servitude were forbidden except on con- viction of crime. Internal improvements of all kinds were to be encouraged by the .State. Acts of incorporation could only be passed by two thirds of the Legislature. This Constitution was very simple, and ver)' much better adapted to the changing necessities of a growing .State than the present one. While it restrained such abuses as it was thought would be most dangerous, it left to the Legislature broad discretion. All who have had much to do with stuilying and construing the two instruments, have discovered that, whik; a few restrictions concerning fmances and internal improvements have been found beneficial and necessary, — the buTv of the special legislation contained in the Coiistitution of Chap. XiV i MASON SUPERSEDED. 465 1850 has been a hindrance, and not an advantage. In a republican government it must be assumed that the popular representatives in the Legislature will act usually with honest motives and reasonable prudence ; and while some things should not be allowed under any circumstances, and others re- quire checks, yet all which is subject to be changed by time and changing events, ought in general to be within legislative discretion. The Constitution was ratified, and Stevens T. Mason was elected Governor, and Edward Mundy Lieutenant Governor. Isaac E. Crary was elected Representative in Congress. Before this election, in August, 1835, the Globe contained the following : " Appointment by the President. Charles Shaler, of Pennsylvania, to be .Secretary of the Territory of Michigan, vice Stevens T. Mason, superseded." This was followed by a long article in which it was set forth that Mr. Mason had disregarded the President's wishes, and the peaceful arrangements which had been made concerning the territorial disputes with Ohio. As Congress had not acted upon the subject, it is questionable how far the President had any right to interpose with his wishes. He had, how- ever, the right to remove the Secretary. Judge Shaler would, no doubt, have been appointed (Governor, if that appointment could have been made during the recess. He was personally an excellent selection, but he did not covet the office under existing circumstances. It was Judge 30 466 SECRETARY HORNER. [Chaf. XIV. Shaler, — then a young man, who volunteered to carry from Cleveland to General Hull the news of the declaration of war ; which he did with enter- prise and rapidity, through difficulties ; and, having overtaken the army between the Maumee and the Raisin, he was compelled to remain in Detroit until the surrender. He was a gentleman who would have commanded respect and esteem from the people, whatever they might have thought of* his authority ; but he declined the appointment. On the 1 5th of September, the official journal contained, with some editorial answers to eastern newspaper criticisms on the course of the Presi- dent, the following appointment. " John S, Horner, of Virginia, Secretary of the Territory of Michi- gan, Charles Shaler having declined the appoint- ment. We learn that Mr. Horner l.as accepted the above mentioned appointment, and that he is now on his way to Detroit." On the i6th of September, the Cleveland Whig, announcing that Mr. Horner had that morning left for Detroit, adds that it is prepared to hear that the people of Michigan utterly contemn the authority of the new Governor, so far as his policy may differ essentially from that pursued by Mr. Mason. Mr. Horner arrived in Michigan when troubles on the frontier had temporarily revived, and just after the troops had been sent down for the last time to Toledo. The elections were to come off in a fortnight, and in about six weeks the State government would be organized. He interfered Chap. XIV. 1 SECRETARV HORNER'S WELCOME. 467 with what had been done in the courts, by par- doning everybody but Two Stickney. He had come out with distinct notions that he had a mission to perform, but found no one who would co-operate with him. It is believed that a very upright and estimablt; gentleman of the bar recognized him officially so far as to accept a commission of notary public. But his executive labors were very solitary, and the people began to show signs of disapprobation. On the 1 2th of July, 1835, ^^ addressed a meeting at the Detroit City Hall, giving his views and intentions at length, and apparently with some degree of self-assertion. After he had concluded his speech, the meeting organized, and several resolutions were adopted, among which was the following : (Jacob M. Howard, who in those days was lieutenant in the Detroit City Guards, and in that capacity had gone to Toledo armed and equipped with sword and pistols, was already known to fame as a man of powerful intellect and strong convictions ; and from the style and tone of this resolution, it would not be hazarding much to conjecture that "the voice was Jacob's voice.") " Resolved, that if our present Secretary of the Territory should find it beyond his control, either from the nature of his instructions, his feelings ot tenderness towards those who had tor a long period of time set at defiance as well the laws of the Territory as those of the United States, or any feelings of delicacy entertained towards the 468 SECRETARY HORNER'S MISADVENTURES. [Chap. XIV executive of a neighboring State, who has in vain endeavored to take a forcible possession of a part of our territory, to enable him to properly carry into effect the existing laws of this Territory, it is to be hoped he will relinquish the duties of his office, and return to the land of his nativity." Mr. Horner was a gentleman of excellent character, and not wanting in ability. But he magnified his office, under the favor and encourage- ment of General Jackson, who had found the place was not much sought after ; and the Secretary was rather more peremptory and assuming than the people were accustomed to find their public officers, and more dictatorial than they were dis- posed to submit to. The result was that neither judiciary nor ministerial officers paid any respect to him, — he met with very little private civility or attention, — and in some instances lie was treated with active discourtesy, which sometimes took a form which was not generally approved. In Ypsilanti a disorderly concourse pelted the windows of his tavern loclgings, so that he re- sorted to a safe place to sleep on the iloor ; and it is said that the landlord charged in his bill the damages caused by the lapidation. It was generally thought, however, that until the State became organized, his position should secure him against insults not provoked by adequate cause ; and while he did not as Secretary receive the friendly civilities which his private character would have secured to him as a private citizen, he was Chap. XIV.] FLECTION OK SENATORS. 469 not otherwise molested. After the State officers assumed their functions, General Jackson directed him not to recognize them. The result of this was that he soon found it pleasant to remove to that part of the former Territory of Michigan over which no State government had been asserted. He settled in Wisconsin, where he has always been respected for his personal worth and many virtues. It is much to be regretted that so worthy a gentleman was put into a false position, which exposed him to many difficulties, and some indignities. The Legislature met on the first Monday of November, 1835. ^^^ ^^^ lo^h of November, a rule was adopted for the election of Senators, providing for a separate election by the two houses, and in case of disagreement, for an elec- tion in joint convention. Lucius Lyon was elected unanimously in each house. Major John Biddle received a major^jy of four in the Senate, and John Norvell a majority of seven in the House. Mr. Norvell was thereupon elected on joint ballot, and he and Mr. Lyon were the first Senators of the new .State. George W. Jones, residing in Wisconsin, was elected Territorial Delegate, — the Territory of Michigan extending beyond the State, and therefore continuing. The Constitution provided for the continuance of Territorial officers until superseded. The or- ganization of .State courts was postponed until July, 1836, as the Territorial judges were entirely 470 MICHIGAN KEPT OUT OF THE UNION. [Chap. Xl' . satisfactory, and therefore time was desirable to mature a judicial system. After a short session the Legislature adjourned until January, hoping that by that time the State would be admitted. The admission, however, met with violent opposition. The principal reasons arose out of the slavery question. The States interested in the southern boundary of Michigan, which the constitutional convention had re-asserted by resolu- tion, opposed it on that ground, although the matter would by the admission into the Union have become subject to settlement in the United States Supreme Court; where Michigan had desired to take it. and had passed resolutions to that end, to have a speedy suit to settle the boundaries. Arkansas had been taking preliminary steps for admission, and it was known there might be some objections to it on account of extreme provisions for the protection of slavery, which it was expected would be inserted, and which w/^re inserted, in its constitution. There was a determination in each extreme of the Union not to allow one State to come in without the admission of the other as a counterpoise. As some of the reasons acted upon were not such as it would seem quite desirable to set up openly, various pretexts and grounds were advanced, — some no doubt from conviction — others with as little doubt for effect. A primary difficulty raised against both States, was that Congress had not authorized the holding of con- stitutional conventions. This was not true in re- Chap. XIV.] DEBATES IN CONGRESS. 471 gard to Michigan; — for the Ordinance of 1787, — reasserted when the Territory was organized, — provided expressly for the formation of a State as soon as the free population reached sixty thousand. The application for Arkansas was made in February, 1836; and thereafter it was for some time, in reality, a contest on the slavery question, while in form it was mainly a discussion of the right to call conventions without the previous assent of Congress. But so far as Michigan was con- cerned, political reasons of a pressing, if not very fair, character, rendered it an object to conciliate the neighboring States of Ohio, Indiana and Illinois, in view of an approaching Presidential election. Some members were also impressed with a notion that, although Michigan had explicitly desired to seek a judicial determination of her boundaries, there was danger of bloodshed from Illinois, and possibly elsewhere, unless Congress interfered. Committees reported in favor of giving Ohio the line she asked, and of confirming the boundaries possessed by Indiana and Illinois ; while, to prevent future litigation concerning the binding character of the compact of 1 787, they proposed to compel Michigan to wait for admis- sion until she conceded those boundaries. Colonel Benton, in his " Thirty Years' View," — while passing over the boundary question as one which, when he wrote, had ceased to be im- portant, — narrates very fully the course of the contest in 1835-6 over the admission of the two 472 CONDITIONS IMPOSED. [Chap. XIV. States. The debates were unprecedented for ob- stinacy, — the last session in committee having con- tinued twenty-five hours, and the real purposes of the contestants not having been plainly avowed. There was not only a desire to keep off the final vote, but a contest of priority between the bills ; and this grew chiefly out of the slavery dispute. The Michigan bill got the preference, and was passed first by a large vote ; and the vote on the admission of Arkansas was nearly the same. The opposition on the final vote in each case was in- dependent of party ; and the contest throughout was on other than party grounds. ' The acts for the admission of both States were thus passed and signed together, on the 15th of June, 1836. But they were left in very different positions. Arkansas was received into the Union at once and unconditionally. Michigan was not to be received except with the southern boundary claimed by Indiana and desired by Ohio. The Upper Pen- insula east of Montreal River, and the American part of Lake Superior from that point to the northwestern national boundary line, were thrown in as a sort of compensation for the land taken off at the south. Until the new boundary line was adopted by a convention of delegates elected for that purpose, by the people of Michigan, she was not to be admitted at all. There was much ingenuity in the scheme devised to secure this consent. It was known that the people of the State were largely in Chaf. XIV.] MOTIVES FOR ADMISSION. 473 favor of admission, and equally sure that they were unanimously opposed to any boundary con- cessions until the right received judicial determin- ation. If admitted, it was certain the electoral vote would be cast for Mr. Van Buren. The act expressly recognized the election of United States Senators and Representative as valid, and the prevailing — though not unanimous — view was that under the Ordinance the Territory had become a vState, but a State awaiting admission, Wisconsin was created a separate Territory from and after July 4th, 1836. Michigan had meanwhile organ- ized its own judiciary, to go into office July ist, 1836. The Senators and Representative were of course desirous of entering upon their duties, and the ingenious theory had been propounded that the assent of a convention thus obtained would be void as a violation of the State Constitution, which had located all the powers of government, and had not recognized any such body as a con- vention. But as Congress had to determine on the assent as a political question, and the ques- tion of admission was not within the power of the people, this theory was not regarded as ten- able for any practical purpose, whether technically correct or not. The popular feeling was at once aroused, and hostile. An effort was now made to convert the proposals into a party question, which succeeded partially, but not completely. There had been no divisions of parties before on any of these ques- 4 74 PUBLIC SENTIMKNI'. [Chap. XIV. tions, although the partisan journals had been a nrood deal at variance. The Governor called an ex- tra session of the Legislature, to provide for a convention, and it met on the nth of July. A public dinner had taken place in Detroit on the 4th, at which many speeches and volunteer toasts were given by leading politicians of both parties, and they were equally earnest in their expressions of disgust. The Governor's message was a ver^' able and fair document, in which he submitted the subject as one which must after all be decided on as one of policy ; and while not disposed to ac- quiesce, if there was any likelihood of a better de- cision in the future, he thought it might perhaps be found inevitable. The Free Press — the organ of the Democratic party — on the same day indi- cated less disposition than the Governor to make the concession. On the first of July, 1836, the provisions for district courts and other United States offices, which are usually passed when States are admitted, and which had been included in the body of the act admitting Arkansas, were enacted separately ; but with a proviso that this act should " not take effect until the State of Micli- igan shall be admitted into the Union according to the provisions of the act entitled 'An Act to establish the northern boundary of the Stace of Ohio, and to provide for the admission of the State of Michigan into the Union on certain conditions' " It should have been remarked before, that this had fixed the Ohio, Indiana and Michigan boundaries positively Chap. XIV.] CONDITIONS REJECTED. 476 and unconditionally, the conditions only applying to the admission of Michigan, which was made a subordinate heading of the bill. Congress ad- journed on the 4th of July. Under the setded rules of construction, the act of the ist of July was a dead letter until the admission of the State ; and no appointments could be made under it until then. But before the Senate adjourned, the Pres- ident nominated, and the Senate confirmed, Ross Wilkins as District Judge, Daniel Goodwin as Dis- trict Attorney, and Conrad Ten Eyck as Marshal, with the proviso that their commissions should not issue until the admission of the State into the Union. As a judge when once appointed cannot be removed except by impeachment, this would have raised a very awkward question, if the con- sent of Michigan had been postponed into another administration : and the validity of such an ap- pointment made before there was any law in force to authorize it might have been contested. The Legislature directed an election for a convention, to meet in Ann Arbor, on the 4th Monday of September. It became plain to every one before the election day arrived, that the members of this convention would reject the con- ditions. The convention refused to consent to purchasing admission on those terms. An attempt was now made to unite the Dem- ocratic party, in favor of accepting the conditions, with the view of taking such measures as might then be ventured on. The Washington corres- 476 PKRSUASIVES. IChap. XIV. pendents figured up the share which Michigan would have in the dividends of surplus revenue, and the five per cent, on the proceeds of public lands, as amoi\:ting in all to more than 5ji45o.ocHD. all of which — the President found occasion to intimate — would be lost to Michigan if not admitted on the first of January, 1837. — (This like most other solemn extra-official utterances of men in authority, was not correct.) Presiden- tial electors were to be chosen in November, under an act of the State Legislature ; and their election also would be futile without admission. And last — though not least — various gentlemen willing to bear official responsibilities would be disappointed. As the anonymous Washington assurances concerning the financial loss by delay appear to have been regarded as of doubtful origin, an official letter was drawn from Mr. Woodbury, Secretary of the Treasury, stating that the money could not be paid to Michigan before her admission, but not making the first of January or any other day the limit. Informa- tion was also obtained from Mr. Schoolcraft, indicating the value of the Upper Peninsula. On the 29th of October, 1.836, a Democratic convention of Wayne County expressed a desire for another convention, and this was followed by a similar meeting in Washtenaw. The Governor, in reply to a request, stated there was no time for an extra session of the Legislature, and said he had no authority to call a convention ; but he Chap. XIV.] MICHIGAN ADMITTED. 477 referred to the revolutionary proceedings in the early history of the United States as quite irregu- lar, and intimated that a popular convention might be recognized at Washington. Thereupon, in pursuance of the Wayne County ?ction, David C. McKinstry, Ross Wilkins, Marshal J. Bacon, John McDonell, and Charles W. Whipple, called a con- vention to be held at Ann Arbor on the 14th of December, and recommended that their action be ratified by the next Legislature. Elections were held, from which many of the people absented themselves because not lawfully held, and the con- vention met, (familiarly known as the " Frost-bitten Convention") made up entirely of delegates favor- able to admission. They at once, and without ceremony, gave their assent to the conditions, and forwarded their action to Washington. The President laid the case before Congress, and it gave rise to much debate. The validity of the convention was denied, and the matter was con- siderably delayed. There was a general disposi- tion to admit the State, but not to recognize the irregular action ; and a preamble reciting jOiisent to have been given was strenuously objected to. The bill was finally passed, with a preamble which recited that consent had been given by a con- vention of delegates, " elected by the people of the State for the sole purpose of giving their assent;" and Michigan was admitted on the 26th of January, 1837. 478 " ACQUIESCENCE. [CHAr. XIV. It would be very difficult to maintain the legality of this convention, on any principle which would not lead to the subversion of all constitu- tional government. But Congress acted upon it; and the question was one political and not judi- cial, on which their action was final. It is probable, also, that in the view that no better terms were likely to be made for some years, if at all, the measure would, upon a second sub- mission, have been ratified by a large majority of the people. When the struggle was over, the result was acquiesced in ; and the best was made of what was deemed a bad bargain. An attempt to have the electoral vote of Michigan declared valid failed. All that could be done for it was to allow the fact to appear that it had been cast for Mr. Van Buren. This was permitted on the ground that it would not change tht; result ; and its regularity was left open. Colonel Richard M. Johnson was elected \ ice President by the Senate, for lack of an electoral majority. This election took place after the State was admitted ; and the Senators, Mr. Norvell and Mr. Lyon, had the opportunity of giving him their votes. The State was recognized, when admitted, as having existed as such since November, 1835, when the Senators and Representatives, Governor and Legislature, came into office ; and such has been the uniform ruling of all departments. The last act of the Territorial Judges, on the first day of July, 1836, — three days before the Territory of Chap. XIV, J CO FXISTEN'CE OF STATE AND TERRITORY, 479 Michigan lost its remaining jurisdiction by the or- ganization of Wisconsin, — was in their capacity as a land board. They conveyed a lot of land in Detroit to the Detroit Young Men's Society, — a corporation created by the State some months before. This deed was held valid, on the ground that the Territory survived until July 4th, although a part of its domain had been severed and trans- formed into a State. Henceforth the affairs of Michigan were within her own control. The motto of the Territory had been Tandem fit Surculus arbor (the sprout at length becomes a tree.) This simple and grace- ful sentiment, with the device expressing it, looked at the future and was now accomplished. The conglomeration of mottoes and devices on the State seal, which remind one of tiie character in Shakspeare who had been at a feast of languages and stolen the scraps, is devoid enough of mean- ing to give a wide range to the imagination. But, in spite of its heraldic confusion, the State has suffered no damage from it ; and her great seal, though not attractive as a work of art, can certify a very honorable history. CHAPTER XV. MICHIGAN UNDER THE CONSTITUTION OK 1 835. The new State had, at the time of its admis- sion, become fairly settled down to the manage- ment of home affairs. The Supreme Court was organized by the appointment of William A. Fletcher as chief justice, and George Morell and Epaphroditus Ransom associate justices. Chief Justice Fletcher had previously been selected to codify and digest the st iutes, and was busy with his work. A court of chancery was created, and Elon Farnsworth was appointed chancellor. This court, under his presidency, accjuired an enviable reputation for the justice and soundness of its decisions, and his opinions are plain and lucid statements of correct principles. He was suc- ceeded, on his resignation in 1842, by Randolph Manning, who was also an able chancellor, and filled with credit several political as well as legal offices, dying in August, 1864, while holding the position of judge of the Supreme Court. The Court of Chancery was abolished by the Revised Statutes of 1846, and the jurisdiction vested in the circuit courts. Chap. XV.J UNIVERSITY. 481 John I ). Pierce of Marshall was the hrst Super intendent of Public Instruction. He was very active in preparing the general scheme of educa- tion by means of primary schools, and the I niver- sity and its branches. The University was es- tablished at Ann Arbor. Its board of regents consisted of the Governor, Lieutenant Governor, Chancellor, and Judges of the Supreme Court, as ex-officio members, and twelve regents appointed by the Governor and Senate. The University was ultimately to contain not only a literary department, but colleges of medicine and law. Branches of the University were established in various places as preparatory academies. These were at Detroit, Pontiac, Tecumseh, Niles, Kala- mazoo, Monroe and White Pigeon. The branches were first established, and in 1841 the first class was opened in the University at Ann Arbor, the first graduates leaving the college in 1S45. The medical college was opened in 184S, and the law department in 1859. The University and school lands previously set apart by the United .States for University and school purposes were transferred in fee to th(; State, to dispose of them as might seem proper, and preserve the funds inviolate. The new organization, being identical with thi; old, obtained title to such property as had been directly vested in that corporation, — including buildings and lands in 1 )etroit, and various other property. The Superintendent of Public Instruction was put in 482 SCHOOLS. [Chap. XV. charge of all the trust lands and funds, and retained their management until they were sub- sequently transferred to the State Land Office. The Governor's message, in 1837, dwelt upon the necessity of a full system of education, and advocated what was also desired by Mr. Pierce, the ultimate completion of a uniform system, whereby any child could be educated completely, from the earliest rudiments through all the branches of useful and elegant knowledge. This he urged as necessary to secure political and civil equality. Although it took many years to reach the desired end, it has been reached, and in most of our towns the schools carry up their pupils as far as they choose to go, and prepare them, if they desire it, for pursuing their scholas- tic work in the University, or elsewhere. Until union and high schools were established, the branches of the University had been the only public academies under State authority. Now there are not only multitudes of them, but they are very generally free schools throughout. The branches were not kept up very many years. They received female scholars as well as male. In addition to school lands, the United States at various times gave to the State, for its own purposes. Kinds for -State buildings, salt springs, and large grants to aid in public improvements. Five per cent, of the proceeds of government land sales was also given for internal improve- ments. Five hundred thousand acres of internal Chap. XV. J INTERNAL IMPROVEMENTS. 483 improvement lands were asked for and siibse- quenriy granted, Michigan also became entitled to a share of the surplus revenue of the United States. These large possessions were anticipated, and the hope of receiving them had, as already seen, been one of the inducements to submit to the unpleasant conditions imposed by Congress. The Legislature of 1836, looking forward to these accessions, had meditated on the magnificent possibilities, and had, among other things, author- ized the (iovernor to invite proposals from every rail road company in the .State for the transfer of their roads and franchises. The charters were numerous, but not very much had been done in road-building. In 1837. as soon as admission became certain, the young State launched out, like an heir just emancipated, into the most lavish display df her new freedom, and fancied opulence. Although these times are not very remote, the present generation cannot, perhaps, quite compre- hend how people felt. There was as yet, no railway communication with the east. From .\lbany to .Schenectady and Utica, the road was built very gradually. West of Utica the travel was by stage or canal-boat. The Lake l^rie steamboats were the finest and largest boats in America, and conveyed travellers with speed and comfort. From Detroit to Chicago there was no convenient land-passage, and all went by the lakes. iTom Chicago westward there were no 484 RAILROADS ILiiAi-. XV railroads, and no travelling facilities • beyond natural roads. It was more than fifteen years before any railroad crossed Canada. Telegraphs were not put in use ' for many years. There were no plank or gravel roads, and the best turnpikes were almost impassable for several months in each year. The railroads themselves were imperfect, and their ultimate perfection was not foreseen. Their passenger cars were small vehicles, holding no more than from eighteen to twenty-four passen- gers, and not much, if any, heavier than the large stage-coaches. The iron was tlat bar-iron, from half to three-fourths of an inch thick, spiked on wooden sleepers which were lightly tied, and on tracks not perfectly graded or heavily ballasted. The locomotives weighed from two to six or seven tons, and drew corresponding loads. Great weight and high speed would have de- stroyed the tracks. One of the dangers of travel was from " snake-heads," caused by the loosening of the ends of the thin rails, which, bending up, were caught between the wheels, and driven through the bottom of the car, wounding or impaling any one who sat over the point of entrance. Instead of grading up or down steep declivities, cars were passed over the incline by counter weights of box-cars, loaded with stone, which balanced them like window weights, and made it easy to pass one up as the other went down. As there were no long railways, there was Chap. XV. 1 RAILROADS. 485 no frei One of the first and best schemes devised to further the development of the State resources, was the organization of a complete geological survey. In February, 1837, ^" ^ct was passed 488 r,EOI.OG!CAt, SURVEY. IChap. XV. for the appointment of a Slate Geoloijist to con- duct such a survey, and annual sums, increasing from $3,000 the first year to #12,000 the fourth, were appropriated. Doctor Douglass Houghton was selected to fill the ofifice. He was already known throughout the State for his thorough qualities as a sagacious and close observer, a laborious and patient student, and a man of integrity, whose love of science, and devotion to its interests, had not impaired his cool-headed shrewdness and habits of business. .Short as was the remainder of his useful life, the best observa- tions and discoveries in the fields which he tra- versed have proved his accuracy and judgment, and have shown no course safer than to follow his suggestions. Within the first year his views had become so favorably accepted that, in 1838, the survey was re-organized on a larger basis. Three principal assistants were recjuired to be appointed by the Governor, on his nomination, to wit, a zoologist, a botanist and a topographer ; and four minor assistants to be nominated by the Governor on the nomination of their chiefs, — two for the zoologist, one for the geologist, and one for the botanist. Twelve thousand dollars a year was appropriated for the service. Maps, reports, and specimens were to be furnished to the State, and as far as possible to the University. Dr. Abram Sager was appointed zoologist, Dr. John Wright botanist, and Sylvester W. Higgins topo- grapher. Bela Hubbard and Columbus C. Doug- CHAf. XV.T GEOLOGICAL SURVEV. 489 lass acted as assistant geologists, and Mr. (ieorge H. Bull assistant botanist. Several important reports and considerable collections were made, and valuable maps and drawings were prepared and some of them engraved. The general finan- cial depression prevented any extensive work after 1841, and in the careless management of some of the State property, after Dr. Houghton's death, all of his engravings, which were numerous and very beautiful, and many of his collections wfiich had been left in the State offices before their removal to Lansing, disappeared. Dr. Houghton had before his death secured the ser- vices of Mr. Beneworth, a wood-engraver, whose marvellous skill had obtained him honorable tes- timonials in Holland, Sweden and Germany, and who executed some of those minute gems of engraving which beautify Harper's Bible. This artist had become desirous of seeing the New World, and was disposed to set out for the un- defined western regions of which he had very vague notions,, when Dr. Houghton found him in New York, and being mutually interested, he was induced to enter upon the work of engraving the illustrations which would be needed for the final report. The blocks were engraved and left with uncut margins to prevent abrasion, and in this condition deposited for safe keeping with one of the vState officers. Besides these, Mr. Higgins had drawn carefully, on stone, a large number of fossils and other specimens, and several maps 490 BANKING. • (Chap. XV. were engraved. All have been lost. Their mon- ey value was not less than many thousand dollars. Their artistic as well as scientitic value cannot be reckoned. ,.v : ,. . Another scheme for the development of re- sources was unlimited banking. To this the (Governor was not favorable, unless upon careful security. But the ideas of banking were very ill-adapted to such times. It has hardly become an exact science yet, but those times furnished some valuable, though costly experience. At that era the nation was out of debt, and all the State debts combined were less than some ambitious cities now pile up in a twelvemonth. Banking on stock security was unheard of. But banking had thus far been reasonably well conducted generally. The favorite New York system then was the " safety fund," by which each bank subject to it contributed a small percentage of its capital to a general fund, which was relied on to make up such deficiencies as might arise when single corporations were wound up. Large insolvencies with no assets were not imaginable. In 1836, the Michigan Legislature provided for a fund to be made up of three per cent, on the capital of every bank, payable in annual portions of one- half of one per cent. Many banks were chartered, and some of them came under this rule. But in the large dealings with which this freely issued paper had made men familiar, it was thought there was not currency enough afloat, and specie was Chap XV.] WILD CAT BANKING LAW. 491 rarely seen. One motive for forming new banks was the desire to secure a share of the govern- ment deposits, as well as the surplus revenue, which had also been sometimes deposited by the States, to be ready if required to be refunded, this being one of the conditions of the distribution. In 1837, ^ general banking law was passed, which was supposed to contain better securities than any other similar scheme, and included the safety fund plan in addition. Any persons residing in a county of the State, (including among them at least twelve free-holders,) could organize hanks of from 5^50,000 to $300,000 capital, and care was taken that at least one-third of the stock should always belong to county residents, in good faith and for their own use ; and on executing the preliminaries and paying in 30 per cent, in specie, they could pro- ceed to business. Ten per cent, was payable on the stock every six months, until all the capital was paid in. Before beginning banking business, bonus and mortgages, or the personal bonds of I'esident free-holders, satisfactory to the County Treasurer and County Clerk, were to be filed with the Auditor General, to the full amount of the circulation and indebtedness. Neither the circula- tion nor the loans and discounts were to exceed twice and a half the amount of the capital stock. A rigid system of bank examiners and examina- tions was provided, to prevent any banks, char- tered or general, from committing frauds. 492 FRAUDULENT BANKINC (Chap. XV. This statute was held invalid, because the Con- stitution prohibited any corporations which had not been approved by two-thirds ot the Legislature. But many banks were organized. The county clerks and treasurers had as liberal ideas on the value of lands and the solvency of free-holders as could be desired ; and while in the older towns some of these institutions were carried on as pru- dently and honestly as any others, the general tendency of most of the smaller, and some of the larger, banks was towards reckless discounting and wild speculation. Competent cashiers and officers were rare. Men assumed to be bankers who had no business knowledge, and could hardly cast accounts. Many went into the business as an easy method of swindling. The Hank Com- missioners, who were compelled to travel without the facilities of railroads and telegraphs, discovered all manner of devices to deceive them as to assets. Base metals were packed in coin boxes, and cov- ered over with thin spreadings of coin ; and some- times the same coin was kept in transit from bank to bank through by-ways in advance of the Com- missi()n(!rs, until its familiar appearance, or a re- trograde visitation, exposed the trick. Few and evil were the days of this banking, and the history of the system of wildcat banks would be humili- ating but perhaps profitable reading now : although the sharpers and rascals of ii 21,881.88 without reckoning the retention of the whole 2^ per cent, commissions in advance. The damage by reason of losses in work sus- pended, and improvements rendered valueless, is not to be estimated. It brought the State to the •verge of ruin, and its evil consequences lasted for many years. It became necessary to pay internal improve- ment expenses with a different sort of paper from State scrip. Parties contracted to receive their pay in internal improvement warrants, payable in land, and not in money. Land being then a drug, and not in demand, these warrants ran down to forty cents on the dollar, and the contract prices were fixed accordingly. This soon deprived the State of many of the best lands, at a great sacri- fice. No further labor was done except on such works as were of immediate necessity and useful- ness, and the unfinished works were for the most part permanently abandoned, and their cost entire- ly wasted. '. '^■■: -r'-;- ::=,:•,•;,,,.■-., -v. .-.-■; '■■■:, But the construction of one of the most im- portant works for the development of the country was prevented by a very gross outrage. One of the first measures of internal improvement adopted was the construction of a ship canal round the Falls of the St. Mary's River. An appropriation Chai'. XV.) SAULT CANAL STOI'PKU. 5Uo was made, in March, 1837, for the survey and commencement of the work, as soon as the Board of Internal Improvement approved the plans. Surveys and plans were made, and publicly known, and contracts were entered into in accordance with them, and the contractors proceeded to purchase materials and make all their preparations in the latter part of 1838 and beginnin^^ of 1839, to go on with their work on the opening oi navigation. The State made them an advance in the early spring. On the 9th of May, they arrived on the ground, and, as they were preparing to proceed, they were served by a subaltern assistant quarter master of the United .States with a letter of the War Department, addressed to himself, whereby , it was directed that no interference must he. al- lowed with the improvements made by the United States at that post, " among which the mill-race is regarded as one of the greatest importance ;" and he was notihed to " apprise the contractor that he cannot be allowed, in the execution of his contract, to interfere, in any way, with that work." Accordingly the officer, on the day of serving this letter, gave the contractor notice that it would be his duty " to interfere with any work on the projected canal, that might injure the United States mill-race near that post." This notice was served on the i 2th of May. The letter was dated on the 6th of March, 1 839, more than two months before, and was an answer to one received by the War Department, written by this same officer in 504 ARBITRARY MILITARY INTERFERENCE. [Chai>. XV January, 1^39, containing information how the canal was laid out and to be constructed. No communication was made during this interval to the State of Michigan, nor to any one else. This mill-race, as shown to the Legislative Committee, was not on any ground that had been set apart as a military reserve, but the Town of Sault Ste. Marie intervened between the mill-race and the fort, which was a long way off. The mill is said by the committee who examined into the matter to have been dilapidated and useless, and General Whiting, the chief quarter master of this depart- ment, so stated. The State had not ceded juris- diction over any part of the land in question. The contractors informed the officer who notified them, " that they were bound by the State of Michigan, to excavate the canal within the lines run and laid out by the chief engineer, and that they should proceed with the work, and could not allow water to flow through the race, where the canal crosses the same, as it would entirely frustrate the object that the .State of Michigan had in view." The commanding officer at the fort. Captain Johnson, responded that, under his instructions, " the proposed work could not go on peaceably ;" and that he was bound to carry them out to their full extent. The contractors went upon the ground, nevertheless, and began work, when they were met, not by the mandate or injunction of the civil authority, but by Captain Johnson in his military capacity at the head of a Cha». XV. I STATE PROTEST 505 company of soldiers. They had their implements taken from them by actual violence, and the party was driven oH the ground at the point of the bayonet. This unjustifiable outrage put an end to the work, and postponed the building of the canal nearly fifteen years. It was brought before the Legislature repeatedly by the State Executive, and in 1840, when it was first presented, with a very indignant message, by Governor Woodbridge, and the facts fully investigated and reported on by a committee, the Legislature, by a joint resolution, declared their opinion that the course of the gov- ernment authorities was " unwarranted by the Constitution of the United States, and a violation of the rights and sovereignty of the State of Michigan," and that as an act of justice, the gov- ernment was bound to repay the .State its advan- ces and damages ; and directed that the State del- egation in Congress be requested to take proper action in the premises. In 1841, Governor Wood- bridge felt it his duty " again to ask the attention of the Legislature to the unauthorized and forcible interruption, by iht troops of the United States, of the public works of the State, during the year before the last, at the Sault de Ste. Marie. The pecuniary loss to the State, resulting from that reprehensible interposition, remains unsatisfied, and the injury to its honor unatoned for." The bitter political contests which at this time absorbed the attention of the American people 506 RKl'REHENSim.K ACTION. IChai-. XV. may have rendered this affair less important in the sight of Congress than it ^vas in fact. The use of m'htary force, a: ,titute for civil re- medics, is iiitolerable in any country governed by law. The official insolence which paid no attention to notifying the State authorities, and gave them no opportunity to delay their appropriations, or deal with the matter in a legal way and obtain a removal of the difficulties, was offensive and dis- graceful. The damage to the State was very serious. The I'pper Peninsulji had been forced upon her acceptance, and the duty was at once as- sumed of p»"oviding for making it available. The explorations had already shown the immediate value of its fisheries, and the ultimate value of its great deposits of metal. The expense of trans- shipment caused by the land portage at the vSault, could not be borne without multiplying the cost of all work done in that region, and adequate ship- ping could not be built on Lake Superior without better mt^ans of getting the r-^*, and assurance of immediate remunerative employment. No large vessels have to this day been built there, and the first, and for many years the; only, vessels of any magnitude that were used upon that lake, were carried across the portage by the expensive and perilous process of dragging them overland. The Reserve at the Sault, t;ven within the limits which were adopted for military purposes, has been a source of trouble in the way of im- provements. The carelessness of our legislation, Chap. XV.i NEEDLESS GOVERNMENT RESERVES. 507 without proper investigation, not only in allowing government reserves to be created, for purposes where exclusive jurisdiction is entirely unnecessary for the uses of the United States, but in permit- ting them to be much larger than is necessary, is very much to be regretted. The propriety of giving the government exclusive jurisdiction over forts and navy-yards, and other similar places, where no one has any right to go except on public business, is evident enough. But places which it is not dajigerous to the United States to leave open to access at all times, ought never to be removed from State jurisdiction. No difficulty ever arose from having courts, or custom houses, or post offices, or roads, or canals, continued on ground not subject to the exclusive jurisdictiction of Congress. The LInited States can lawfully legislate to punish interferences with any of its institutions or property, wherever they may be. But the consequences of exclusive jurisdiction are very serious. Residents may lose their rights of voting and citizenship, — they may cause difficulty in determining the validity of wills and contracts, in the rights of husband and wife in their per- sonal property, and in the laws of distribution, so that if different reserves in the same State are created at different times, there may be as many difterent codes of law applicable. Many crimes are punished differently by the United States and State laws, and some acts which ari^ penal under one system are exempt from penalty under the ')08 LEGISLATIVE EXPRESSION ON RESERVES. [Chap. XV. Other. Instances have already arisen in more than one vState exemplifying these evils. The dangers to public peace, where offences commit- ted on one side of a street are governed by dif- ferent laws from those committed across the way, or on adjacent lands, are not theoretical nor small. The disfranchisement of the Asylum in Ohio, and its results, exemplified what every one who has examined the subject has found strong reason to deprecate. There is no higher act of sovereignty than that which transfers sovereignty, and yet it is easier imder our laws (assuming them to be valid) to cede away State jurisdiction, than to lay out a highway, and it is done with much less ceremony, and for purposes in no way requiring it. In 1855 the Legislature passed a joint resolu- tion, complaining of the needless extent of the reserves, and urging their correction ; but subse- quent legislation seems to have lost sight of this mischief The general discontent with the management of the .State finances led to political changes. VUr singular character of the loan negotiation, and its more singular sequels, led to serious charges against the integrity of the whole trans- action ; and the loss of some moneys never fully explained did not tend to remove the public dis- content. The (lovernor incurred heavy censure for his imprudence and credulity. The charges of personal dishonesty were not generally accept(;d as just. When he died, in 1843, both houses of CiiAi'. XV. I RKVISKI) STATUTF.S. 500 the Legislature passed resolutions of respect to his memory, and sympathy for his relatives, and in this they followed the general sentiment. His deficiencies were those of inexperience, and were not mean or selfish. His abilities were much beyond his years. ("hief Justice Fletcher had been appointed in 1836 to prepare a revised code of laws. It was expected that this would be merely a compilation of existing statutes, with such changes as might be needed by the change of government. Instead of this he reported a volume of revised statutes, in the shape of a single act, divided and subdivided into parts, titles and chapters, and introducing some novelties and much confusion. Among other unexpected changes he substituted a boartl of county commissioners for the board of supervisors, and omitted to do away with imprisonment for debt, which he had been expressly required to do. The statutes were hastily prepared, and, as usual when an entirely new arrangement is adopted, they omitted many things, and were quite imper- fect, abolishing most of the existing general laws, and not providing adequate!) for the matters they had regulated. This code introduced no import- ant reforms in the law of property or of proced- ure, and had no influence in that direction. It was, however, well arranged, and perspicuous. In 1839, the year after it took effect, a great many amendments were adopted to supply its deficien- cies. One very important subject had been en- 510 REVISED STATUTES, [Chap XV tirely left out. Although preparations had been made some years before for the erection of a penitentiary or State prison, and it had been lo- cated m 1837 and partly completed, the revised statutes did not attempt to regulate it. A non- imprisonment f"^*^ was also passed in 1839, as well as laws giving power to the Court of Chancery to wind up insolvent corporations. In 1842, the board of supervisors was restored as before. The repeat- ed amendments had produced so much confusion that in March, 1844, provision was again made for the appointment of a commissioner to consolidate and revise the general laws. This duty was per- formed by Sanford M. Green, who has since filled the highest judicial offices in the State, and was reported to the Legislature in 1846. Judge Green had incorporated all the important amend- atory legislation, and introduced some valuable new features tending towards liberality. His work was somewhat mangled by the zeal of certain so-called reformers, whose impartial ignorance of law enabled them to proceed with a degree of confidence not usually shown by competent legislators. But in many particulars, and perhaps in most of the more important respects, his work furnished the greater part of the code as adopted, and has ever since remained as the groundwork of our legal system. The Constitution of 1.S50 prohibited any further revisions. Tin,' removal of the Detroit garrison in 1S26 had been regarded as entirely safe, because there Chap. XV, I PATRIOT WAR 51 I w^s no likelihood of further complications with the Indians, and the relations with Great Britain were satisfactory. It had not then occurred to any one that there might be occasion to protect the fron- tier from lawless violations of neutrality. The United States Arsenal had been removed to Dearborn, so as to be less exposed. In 1837, the Canadian insurrection, known as the Patriot War, broke out, and for a time kept the lines in tur- moil. Secret lodges of sympathizers, under the name of. Hunter's Lodges, held meetings in sev- eral of the lake cities. During the fall and winter of 1837-8, it became necessary to employ the mil- itary forces of the State to prevent the seizure of the Arsenal, and to patrol the frontier, until they could be relieved by the regular army. The move- nients on the Detroit River were not at this time very important. The invading forces managed to get upon Fighting Island, whert; they remained until dislodged by artillery, without serious casu- alties beyond the occasion they gave for the des- truction of the tine forest on Bois-blanc Island. In 1838, after a temporary lull, and when nothing was suspected, the)' crossed from I )(;troit to Windsor, where a steamboat was burned, and blood was shed on both sides. The leaders were captured, and several of them were banished. Some questions arising concerning the condi- tion of naturalized citizens, the Michigan Legisla- ture, in 1839, niemorialized Congress to have measures taken to secure international recognition 512 NATURALIZATION FREE SCHOOLS. [Chap. XV. of the right of expatriation and naturalization. This has been done within a few years, but has left the subject in painful uncertainty, without pro- viding adequately for furnishing evidence of a change of country, and apparently without having given any heed to the effect of such legislation on inheritances and escheats. Few subjects require more careful handling; and while, under modern practice, treason is not much considered in deter- mining the policy of shifting allegiance, the inter- ests of minors have been disregarded also ; and. without more careful action, the seeds have been sown for some of the most vexatious liti the income of the fund. By a transfer to the State of the 556 UNIVERSITY FINANCES. fCHAr. XVI. property in Detroit, now occupied by the city hall, and by the sale of a large amount of lands for interest- bearing State warrants which were cancelled, this debt had been reduced, and probably more than paid ; but, either from misapprehension, or as was claimed, from a re-statement of the account, this interest, after the removal of the Capital and the re-organization of the State offices at Lansing, re-appeared as an annual charge, to its full original amount of six per cent, on $100,000. The Legislature of 1853, without at- tempting to settle the obscure facts, directed a remission of the interest for two years, which was afterwards made permanent. In 1867, a tax was authorized in aid of the l^niversity, of one- twentieth of a mill on the dollar, which has since been continued, under a limitation that it shall not exceed $50,000 before the year 1881, when a new equalization of assessments will be made. In 187 1, Governor Baldwin urged the claims of the LJniver- sity very strongly upon the Legislature, and an appropriation was made to build a central univer- sity hall, which has since been completed. Gover- nor Bagley was instrumental in procuring further appropriations to complete the hall, and meet other pressing necessities. The position of this institution, which is a necessary part of the system of public education, and which has been, nevertheless, mainly fostered by the United States endowment, will undoubtedly secure it liberal treatment in the future, and tJiiAP. XVI. I HONKKOPATHV. WOMEN ADMITTED. 557 place it. where it ought to be, as a thoroughly State institution, necessary to State prosperity, and entitled to the same liberal support which is due to all public instrumentalities that serve high and useful purposes. There have been some subjects of warm dis- cussion which are now mosdy setded. For many years a desire was felt by those who approve the hom(i.'opathic system of medicine, and who compose a considerable body of citizens represented in the Legislature, to have provision made for instruction in their tenets. The diffi- culty of introducing opposing systems into the same institution prevented for several years a pleasant solution of the question. By establishing a separate school at the University for teaching the views of hom(t'opathy, so far as they do not harmonize with other medical teachings, and by taking away from every professor any danger of responsibility for views which he does not approve, all reasonable ground for trouble seems to be removed, and justice is done to both systems. The education of women in the University was also introduced after long doubting. When the controversy first arose, the Michigan University was found to differ from most of the colleges in the country in furnishing no rooms or boarding facilities to students. These were all expected to procure board and lodging for themselves, and re- sort to the University only for the purposes of attending recitations, lectures, and public exercises. 558 FEMALE EDUCATION. -' [Chap. XVI. or for consulting books in the library. The adverse views of nearly all the other college facul- ties did not take this into the account. Most of the objections urged against the education of women and men in the same classes were theore- tical, and many were inapplicable to such a state of things as existed in Ann Arbor. The exper- iment was one which could not have been long postponed without cn^ating worse difficulty, arid it was felt that if it failed, after a fair trial, it could not at any rate do any serious harm to try it. The branches of the University had female scholars, and our union and high schools had found no trouble in teaching them. The exper- iment has been entirely successful. The ladies who have entered the University have been equal in all respects to their tasks, and have not been kept behind by either mental or physical dis- abilities. They have been treated with delicate respect by their associates, and have been entirely independent of any unwelcome companionship. The learning which sat so gracefully on Lady Jane Grey and Mrs. Somerville, and did not pre- vent the fair Professors of Bologna from possess- ing any of the feminine accomplishments, cannot unsex their successors now, and is as wholesome and harmless discipline, to those who choose it, as any other pursuit can be. And if there are men who think unworthily of women, or women who deserve no admiration, neither of them are likely to fall into such unworthiness in the pursuit of Chap. XVI. | JUVENILE OFFENSES. 559 sound learning. The accomplishments which pro- duce no refinement are not those of the college class room. The admission of women to the study of medicine has been so admirably approved by its results, that all who are not prejudiced beyond reason perceive how much has been gained by it. There is one decided advantage among female students. None go into any of the departments of a university for the mere name of it. There are no attractions for any but those who wish to improve their faculties. It is not likely they will ever attend in as large numbers as men. But those who do enter will probably — as they cer- tainly have done heretofore — keep fully even with their classes, ..:;-^r"'/ ,.•-' •':''"r'"^'.,' '''■'^'■' -.::?■ ■^:''' •":.;'''■'■-■' In 1855, the first steps were taken towards establishing a separate place of detention for young offenders. It has gone through different experiences, and has not been uniformly managed. In many cases, courts and magistrates have apparently lost sight of the rules of law which prohibit the punishment of children as criminals until they have reached years of discretion, and have allowed them to be convicted of crime when it was wickedly absurd to hold them to any such responsibility, and was in plain violation of ele- mentary rules of law. The gentlemen who have had the duty of managing the institution have been usually humane men, and have devoted time and patience to bringing good from the 560 , YOUNG OFFENDERS. fCMAP. XVI system. As at present conducted, it is likely to lead to important results. Such establishments are curses instead of blessings, when they fall into any but benevolent and patient hands ; and when they are made to follow the analogies of prisons, they present the shocking and cruel anomaly of punishing those who, if responsible at all, are only lightly responsible, more severely and tor longer periods than old offenders. And what is still worse, they put trifling misdemeanors on the same footing with deliberate murder. Whatever benefits have been derived from this system have been due to the personal interven- tion of its managers and of the State executive. Its legal position, without this, leaves room enough for gross abuses. When first organized it simply provided a separate place of confine- ment for persons sentenced, when under fifteen years of age, — leaving the duration of each sen- tence to be governed by the general laws. Now the punishment for all juvenile offenders under i6 is by seclusion until they reach their majority, unless discharged by the Board; so that in the ordinary course of things, unless interfered with, the youngest children undergo the longest term of punishment. Until this becomes legally and entirely — what it has been made partially in good hands — an asylum and not a prison, its position cannot but be regarded as dangerously peculiar. A most valuable and humane scheme was adopted in 1871, under the recommendation of Chap. XVI.) CHARITIES 561 Governor Baldwin, whereby much wiser provision is made for the prevention of juvenile depravity. A law was then passed to establish a State Public School, for dependent, and neglected children. This is fixed at Coldwater ; and the plan, which has been well devised and carefully put in execu- tion under the personal care of Governors Baldwin and Bagley, is apparently judicious, and well adapted to promote the welfare of the neg- lected young persons who are thus snatched from vicious surroundings. The appointment of State agencies to look after the cases of children charged with crime, and see that they are humanely and wisely dealt with, has added great safeguards against mischief. A commission was also organized in 1871 for the general supervision of penal, pauper, and reformatory institutions, including also the asylums for the deaf and dumb, blind and insane. Hons. Charles I. Walker, Henry W. Lord, Z. R. Brock- way and Uzziel Putnam as commissioners, with the efficient services of Hon. Charles M. Croswcll as secretary, and with the active aid and sympathy of the executive, have already done great and good service in their beneficent mission. The progress of the State in works of benevolence and mercy, under the leading of its last and pre- sent Governors, has been very great, and creates a most honorable part of her history. More work of this sort has been done within the last eight years than in all her previous experience. It was 36 562 GRAND JURIES DISCONTINUED [Chap. XVI. contemplated by the founders of the vState, and not neglected ; but within the last few years both education and humanity have received much more attention, and have been, much more wisely and earnestly fostered than ever before. In 1859, an important change was made in criminal prosecutions. Under the Constitution of 1850. grand juries had ceased to be obligatory, but had not been abolished. In 1857, a new criminal court was created in Detroit, and prose- cutions were allowed to be conducted in it by information. This change was introduced by Hon. Alexander W. Buel, who had principal charge of drawing up the charter. At the session of 1859, the same gentleman introduced a bill to extend the practice into all the circuit courts. This law allowed informations to be filed in all cases when there had been a regular preliminary examination, for felonies as well as misdemeanors. Thereafter grand juries did not act unless specially ordered and summoned. The effect of this change has not been bad in most cases. Nevertheless grand juries are seldom called unless at the re- quest of the Prosecuting Attorney. It is question- able whether any advantage has been gained beyond an apparent economy and — in some cases — ^an increase in expedition. The power left in the hands of prosecuting attorneys is not adequate- ly checked. A dishonest or timid attorney has too much opportunity to abuse his powers in both directions of prosecuting and abstaining from pro- Cha*. XVI.] kEPUBLICAN PARTY. 563 secution. There is a strong temptation to corrup- tion. While the system of informing has been not unwisely extended, there is no question but that grand juries, properly organized, prevent much vexatious litigation, and cause to be pursued some classes of offenders who escape by the non-action of some prosecuting attorneys. Criminal justice ought to be beyond the control of any single official. Instances are not unknown of prosecuting attorneys who have not done credit to their offices. If grand juries were called oftener, justice would not suffer from it. During most of the existence of the State, the entire political control had been held, with respect- able majorities, by one or the other of the great parties — the Whigs or Democrats. The majority of the people had usually been decidedly opposed to allowing the encroachments of slavery beyond its legal limits, but as decidedly opposed to inter- fering with its vested rights. The Compromise of 1850 was acquiesced in, although not in all respects approved. In May, 1854, the Missouri Com- promise was repealed, and this action aroused great feeling. Soon after, in the summer of 1854, a convention was called at Jackson, of delegates from the Whig and Free Soil parties, which re- sulted in the formation of the Republican party. In the election that year, Kinsley S. Bingham was elected Governor, and held the office two succes- sive terms, being succeeded by Moses Wisner. In 1859, Governor Bingham was elected United 564 SUAVKRY QUESTION. [CiiAiv XVI States Senator, to succeed Charles E. Stuart. Zachariah Chandler, who had been Whig can- didate for Governor in 1S52, was elected to the Senate of the United States, to succeed General Cass, in 1857. General Cass was about the same time made Secretary of .State under President Buchanan. The passage of the Kansas-Nebraska Acts was followed by a series of legislative resolutions, strongly censuring those who had voted for them, and insisting on the exclusion of slavery wher- ever within the control of the United States. At every session ihe questions were discussed, and the expression of opinion was uniform and decided. The feeling was increasing that trouble might arise from the slavery question, as the friends of that institution became aggressive. In 1859, steps were taken to make the State military system more effective, by organizing camps of instruction, and increasing the number of uniformed com- panies. Various gentlemen of military experience devoted time to making addresses and visiting the principal towns, to arouse a military spirit. Among those particularly energetic in this work was General Orlando B. Willcox, who, while discreetly avoiding all reference to the peculiar danger which he had recognized from his army experience, was quite successful in awakening popular feeling in favor of better preparation for such emergen- cies as might arise. In i860, when the signs of mischief were plainer, and the public feeling was Chap. XVI. I DF.FAUI.TINO TRF.ASURF.R WAR. 565 strongly aroused, Governor Austin F31air. who was on the same ticket with Mr. Lincoln, obtained a majority of more than 20,500 over (Governor Barry, who was his only opponent. The Legislature nf 1861, which was very strongly Republican, met under unfavorable cir- cumstances for State prosperity. John McKinney, the outgoing State Treasurer, was found to have embezzled the public funds, and bft the treasury empty, and liable for large outstanding and press- ing debts. John Owen, the incoming Treasurer, at once made arrangements, by the use of his personal credit, whereby he kept the treasury in funds until provided from ordinary sources in due course of business, after a delay of some months. The Constitutional restraints on borrowing left no means of raising funds on bonds. This patriotic course saved the State credit, and enabled the State soon after, when a war-loan was needed, to borrow upon fair terms. The Legislature of 1861 was occupied, during a large part ot the regular session, with the dis- cussion of the affairs of the Union ; and on the 2d of February passed resolutions asserting the supremacy of the Union, and its right and duty to resist treason, and pledging the resources of the State in the public service. As soon as the Southern secession ordinances were passed, the Legislature directed the immediate raising of two regiments for service. 566 MICHIGAN IN THE REBELLION [Cha* XVl. Shortly thereafter the war opened by the attack on Fort Sumter, and Governor Blair at once raised a loan from private subscribers and began to organize volunteers, — the first regiment called for by the general government being speedily equipped under the command of General Willcox. An extra session was called, which met in the beginning of May, and passed the neces- sary laws for raising money and troops. But before its meeting four regiments of infantry and a battery of flying artillery had gone into camp, and the First Regiment left for the seat of war on the 13th of May, fully armed and equipped, and was engaged in the unfortunate battle of Bull Run, where its colonel was wounded and captured, and afterwards detained in the Richmond prison as a hostage. PVom that time on, the State kept organizing and preparing troops in advance of the calls from the United States, and was well sustained in its efforts. The military history of the State is honorable, and has been thoroughly and carefully prepared. It is only necessary here to say that its troops in the field numbered 90,747, of whom 67,486 were born in the United States: 8,887 in Canada; 8,453 in Great Britain; 4,872 in Germany, and 1,268 in other foreign dominions ; and that of these 1 3,405 died in service. It would be invidious to single out names where all were honorable. The State furnished her full share of men in high as well as lesser commands, and her soldiers of all grades l,»i*f. XVI, ] SEIZURE UF IHE PHIU) PARSONS 667 won J\ well deserved respect and renown for bravery and odier good and soldierly qualities. Our own borders were somewhat annoyed by the gathering of Southern refugees and agents on the Canada side of the Detroit River. Reports, more or less founded in probability, were received from time to time of projected mischief On the 19th of September, 1864, the steamboat Philo Parsons left Detroit for Sandusky, taking on board at Sandwich and Amherstburg several persons with what was supposed to be baggage, but was really a supply of weapons. This expedition was intended to cooperate with another force designed to capture the armed steamer Michigan at Sandusky, to release the rebel prisoners at Camp Johnson near Sandusky, and then to com- mit depredations on the lake cities. The designs on the Michigan having failed, the Parsons was brought back to the Detroit River, and left at Sandwich in a sinking condition from various injuries. The mischief was arrested by timely action, and the vessel refitted. During the raid some other captures were made of United States soldiers and of the steamer Island Queen. On the failure of the plot at Sandusky, the persons on board the boats were safely landed, and no lives were taken. This was the only scheme which produced any actual damage, unless a fevsf incendiary fires were set by some of the same parties, which is not absolutely known. 568 ClOVERNOKS DLAlU AND CRAPO. |CMAr. XVI. I'Vom the opening ot the war until the close of the y('ar 1.S64. Austin Blair was Governor of Michigan, and performtid his pubHc duties with zeal and ilevotion, to the great prejudice of his private interests. During all that period his whole time was necessarily given up to the interests of the country, and almost entirely at his own ex- pense. The salary of jji 1,000 — a miserable pittance at any time — was made by war-prices, and the depreciation of currency, but a mere fraction of its ordinary value. The policy which prevents men of modest means from filling the offices of State is not only poor economy, but con- trary to the cardinal principles of representative government. , His successor, Governor Crapo, was also a very conscientious and valuable public servant, and his careful supervision saved the State from mismanagement in some of the multitudinous con- tracts which require almost the eyes of Argus to watch them. His great business experience and strict economy and integrity induced him to give a degree of personal supervision to the details of road-building and other outlays, which was more than any one man could devote to such work without injury to himself. His untimely death was owing to neglect of his health in attending to the details of public affairs. He no doubt carried this attention to details to excess, — as other persons could and should have borne a share of the burdens. It is not the duty of the chief executive CiiAi'. XVI. I SUPREME COURT. 569 to perform every variety of public service, and it is impossible to do it. lint that sort of devotion is not so much to be deprecated, as it is to be praised, unless it prevents du(i attention to more peculiarly personal oblijj^ations, which it n(!ver did in (iovernor Crapo's case. Both he and Governor Hlair were well seconded in most of th .State business by competent heads of departments, and other assistants. In the year 1857, in pursuance of the Con- stitution, a separate Supreme Court was providt;d for, to be organized on the first of January, 1S58. Its four terms were originally divided between Detroit and Lansing, but are now held entirely at Lansing. (ieorge Martin was the first chief justice, and Randolph Manning, Isaac P. Christi- ancy and James \'. Campbell associate justices. Judge Martin was chief justice until his death, in December, 1867. After that time the office was made to fall upon the justice whose term was next to expire, .so as to change every two years. Judge Manning died on the 31st of August, 1864, and was succeeded by Thomas M. Cooley, who. by repeated re-election is still on the bench. Benjamin F. Graves was elected in the place of Judge Martin, and is still in office by re-election. Judge Christiancy was elected to the United States Senate, in January, 1875, ^^^ Isaac Marston was chosen as his successor. Judge Campbell is yet a member of the court. This relieved the circuit judges of appellate duties. The circuits have been divided repeatedly 570 RINUHAM. HOA'ARI). KKKHY [CiiAr XVI. and increased in number to twenty-one. The rpper Peninsula has been brou^dit within th*- lirciiit system. In 1S59, provision was made th<'re for county prosecutinj.^ attorneys, and the office of district attorney aboUshed. liy some cu- rious manoeuvre, the act whose title was "An .'Xct to abolish the office of District Attorney for the Upper Peninsula, and provide for the election of Prosecuting Attorneys of the several counties therein," while by the two earliest sections it mad(? provision for the prosecutinjj;^ attornies, con- tamed a third section declaring that the office of ilistrict attorney should not be abolished. As under the Constitution no part of an act can be repugnant to its title, this created a muddle, which seems to have been supposed to need further legislation. it 1864, another law was passed abolishing the office without ambiguity. Governor Bingham was elected to the United States Senate in 1859, and died in office in 1861. In 1862. his place was filled by Jacob M. Howard, who was succeeded, in 1871, by Thomas W. Ferr)', the present presiding officer of the Senate. Mr. Howard was a man of great force and intel- lectual resources, and was second to none of his Senatorial associates in the qualities desirable for his position. To vigorous and manly eloquence he united habits of laborious and profound research, and tenacity of purpose. His ability in the arraying of facts and discussion of evidence has seldom been equalled, and his great powers of reasoning were made more effective by a style VMA¥ XVI. I SENATOR CHANDLER (i«)VKRNOR CRAPO. 571 which was weij^hty without losinjy its vivacity, and polished and enriched with learninJ,^ while entirely free from meretricious ornament. His death was a loss to the whole country. His colleague Mr. Chandler, the present Secretary of the Interior, obtained credit for his .Senatorial services, espIm^? '^-^k-L/y^]'. -<::'..- ',,.:...-,.,;■-;: The extension of roads has facilitated the busi- ness of lumbering, and the country is being rap- idly despoiled of its pine and hardwood timber. The frequent prevalence of extensive fires has furnished some reason for the voluntary destruc- tion, for lumber, of what might be otherwise lost. The year 1871, which witnessed the burning of Chicago, was peculiarly fatal to the northern woods, and immense tracts were rendered value- less, or greatly diminished in value by the fires. The rapid settlement of the Lower Peninsula has led to the removal of woods from the greater part of its southerly moiety, and the effect on climate and streams is very marked, and prejudi- cial. The moisture which was once retained by the vegetation and shade, and tempered the air, now runs off rapidly, and without soaking into the ground. Streams have dwindled and disappeared, and the country often suffers from drought, while it is believed to be much more exposed than formerly to extreme cold. After the war was over, and when the fever of speculation began to abate, the State settled CiiAr. XVI. 1 PROGRESS. NEW CAPITOL. 075 down again to quiet ways. Within the last ten years the public interest has been more and more directed to things of permanent importance, and valuable executive suggestions have been carried out in the broad and liberal spirit which prompted them. Much more attention has been paid to education and philanthropy. New asylums have been planned, the University and other schools have been aided, prisons have been improved and remodelled, and progress has been made in the highest work of civilization. The State has be- come populous and wealthy, and able to carry out any proper schemes. ■ In 1 87 1, preparation was made for building a permanent Capitol. After much examination and reflection plans were adopted and contracts let. The corner stone was laid in 1873. A superin- tending board, consisting of Messrs. Shearer, Chapoton and Grosvenor, have had constant super- vision of the work, which will be finished in 1877. Mr. Myers, the architect, and Messrs. Osburn, the contractors, have planned and built thus far a beautiful and satisfactory building, in which no un- sound material has been placed, and into which all the funds appropriated have honestly entered. When other communities have been so badly cheated in such enterprises, it is certainly worth recording that Michigan has been served with strict integrity. The poverty of the State for many years made it necessary to use more than common economy 576 STATE LIHRARV (Chap. XVI, in all its expenditures. This necessity not only prevented the earlier building of a Capitol, but the accumulation of an adequate library. Some of the earlier purchases of books were very judicious and valuable, but neither space nor means existed for placing the library in proper condition. Since it has become certain that books if purchased will be preserved and made accessible, a great change has taken place, and the present collection is already assuming importance. By a careful system of exchanges, the Law Library has become very complete in American Reports, and fairly supplied with other English and American publications, and is constantly improving. The General Library is also advancing rapidly. Gover- nor Baldwin while in office ventured upon what was then the untried experiment, of appointing a lady, Mrs. Harriet A. Tenney, to be State Libra- rian. Her nomination was cheerfully ratified, and the choice has been abundantly justified by the result. The neatness and care with which the library room and its contents ha^'e been arranged and kept, and the quiet and decorum prevailing, are in themselves a great advantage, not always found in State libraries. The Librarian has shown a thorough knowledge of books and their selec- tion, and an enthusiastic desire to make her charge a literary treasury. A department of American antiquities, and valuable relics has also been planned, and some collections already made of documents, pictures, and other things of historical CMAf. XVI.] FALSE ECONOMY. 577 value, not least of which is the Roll of Honor of the Michigan Soldiers who died in the Rebellion. The wisdom of choosing a competent woman to such an office has been recognised in some other libraries in the State, which have also been for- tunate in securing the right persons to act for them. No one doubts that such places furnish appropriate and legitimate scope for feminine tact and accomplishments. v ^ - ^ vvt» ; n-v, , There is one matter in which the State has no cause for self-gratulation. The Constitution of 1850, instead of leaving official salaries to be de- termined by the Legislature, as changing circum- stances might require, fixed the pay of all the principal executive and judicial officers permanent- ly, and at very low rates. There are few if any of these persons who receive as large pay as their own subordinates, or who can afford to devote their whole time to their official duties. It is re- markable that this state of things has not led to greater mischiefs than have befallen the common- wealth from it. Since Mr. McKinney's time the treasury has been in the hands of competent and wealthy men, whose services have been practically almost gratuitous, but have been faithful and valu- able. The Auditor General's office has been, so far as is known, entirely above suspicion. The management of public lands has on some occa- sions been questioned. Frauds have been com- mitted against the State by persons purchasing lands, and it has been imagined that they were 37. 578 LEf;>SUAliVK DISCRKTION [LiiAiv XVI. not committed without the misconduct ol' some one in the department. The impeachment of Mr. Edmunds, the Commissioner, in 1872, while it was not followed by his own conviction upon charges of crime, indicated that there had been a course of business in the office which was not conducted on proper business principles, and which needed, as it has received, amendment. The penurious system which prevailed prevented that thorough and systematic management imperatively required by so important a branch of the public service, and the property squandered very much exceeds the money saved. In general the incumbents have rendered good service without adequate pay. But it is not good policy to make it difficult for a faithful officer to hold office without great per- sonal loss. Where the fixing of salaries has been left to the Legislature, they have never been ex- travagant. The disposition to suspect Legislative bodies of liability to sinister influences in such matters is absurd. If corruption is dreaded, and if they are not to be trusted where it is possible, they may as well be abolished at once. The general power of legislation affords infinitely more room for misconduct than that which relates to a few offices. When the representatives of the people are to be presumed unfit for their respon- sibilities, republican government must cease. It cannot exist without honesty, and it must be pre- sumed, as it is true, that honesty is usually to be found. The wisest constitutional restrictions are CiiAi. XVI. ] PROGRESS. 579 intended to prevent haste and misjudgment, and honestly intended encroachments tempted by pe- culiar circumstances. They seldom, if ever, are designed to indicate a distrust in personal integrity. It is very much to be hoped that the people will soon become convinced that honest work should be honestly paid, and that a generous confidence, rationally guarded, is safer as well as more cred- itable than perpetual distrust. This year, of so much interest to the people of the United States, finds Michigan furnishing a hopeful illustration of the results of the experiment made a hundred years ago. She was then governed by martial law, with few people, and but one civil settlement. For twenty years after the Declaration of Independence, she remained under British control, and was intended to be reserved as a refuge for savages and a haunt of beasts of the chase. A- few years later she fell again for a short time under the same governance, as much to the surprise of the captors, as to the disgust and rage of the surrendered. But with the re- capture came the beginning of progress. Multi- tudes of the Revolutionary patriots and of their children came westward, to enjoy the inheritance earned by the struggle for independence. The laws and customs of the new land were fresh copies of those of the older colonies, changed only where change was needed. In every village churches and schools stood foremost in the estima- tion of the people, and ignorance, idleness and immorality, were under the ban. 580 PAST AND PRESENT. (Cmai-. XVI, The beginning of our existence as a State was rendered unfortunate by the mistaken notion that wealth and capital could be made up out of con- fidence, instead of patient industry. The land was rich and lay directly in the pathway to the further west, where the unerring instincts of our wander- ing race have always .led them in search of em- pire. The future was sure, but too uncertain in date to be wisely discounted. No one then dreamed of the shortening of time and space by improved railways and telegraphs, nor was there any confidence in the quick passage of the ocean by steam, whereby it has become possible to crowd and multiply immigration faster than the country can absorb it. And yet in a vague way the hopes of the new settlements kept up with all the possibilities. Many people are yet living who remember well the whole course of the Territory. Very many more are familiar with all the fortunes of the State. The population which would not have crowded a large village has now extended beyond a million and a third. The improved lands ex- ceed five and a half millions of acres, and there are more than 113,000 farms occupied almost entirely by owners and not by tenants. Besides agricultural products, the products of industry in- clude lumber, copper and iron, and all the shapes in which they may be wrought, as well as sugar, fish, salt, and an infinite variety of manufactured articles. The railroads in the State exceed 3,700 CMAr. XVI.] CONSTITUTIONAL FREEDOM 581 miles, at a cost of more than 140 millions of dollars, in view of which the five million loan, which was such an incubus on the State, appears very insignificant. The ordinary school houses re- present a value of |9,ooo,ocx), and the annual school expenditures approach 1(^3,500,000. The bonded debt of the State is less than jfii, 600,000 — less than $1,20 for each person. During the whole period of the State existence there has been unbroken peace with her neigh- bors, and, since her admission into the Union, no quarrel with any other State. No capital sentence has been executed during this time. There has been no general famine, and no very fatal epidemic. Political rancor has not degenerated into treason or sedition, and serious riots have been rare and confined with narrow bounds. Only one State officer has been convicted of malversation in office, • and only one more has been put upon his trial. The people ar^i thoroughly American in their habits and sympatnies, attached to their State and attached to the Union. They have gained their prosperity by constitutional liberty, and they re- cognise in the preservation and enforcement of constitutions and laws their best safeguards ' against the dangers that beset a civilized com- monwealth. THE END. .■..'•v.v M.'.n:'i INDEX. ABBorr, Edward, Commander at Vm- cenncs, 173. AI)l)ott, James, on committee of tra- 1 ders to prevent sales ot" liquor, 164 ; James, his son, Judge of Common I'leas, 251. Abbott, Robert, Auditor General, 348 ; State Treasurer, 399. Absolute system of French government, S, 77, 171 ; of English after the con- quest of Canada, 132, 156. Acadians, 108, 117. Adams, armed vessel captured at De- troit at surrender, 281 ; recaptured as the '' Detroit," 336. Aigremont, Clerambaut d', reports on Detroit, 61, 65, 68, 75. Aikins, Captain In British army, be- friends American prisoners, 349. Akansas, tribe visited by Joliet, 30. Albany traders at Detroit, 116. Allen, I^ieutenant Colonel, killed at Frenchtown, 338, 342. Allouez, Father, 12. Amherst, Sir Jeffrey, u6, 129. Amikoue or Beaver Indians, at Beaver Islands, 547. Ancrum, Major William, commanding at Detroit : dealings with the Mo- ravians, 187. Anderson, Colonel John, Michigan of- ficer, 242, 305. Anderson, Lieutenant John, at surren- der of Detroit, 300, 309. Angell, James B (LL.D.), President of University, 554. Anioton, an Indian chief, 102. Anthon, Dr. George Christian, receives grant from Pontiac, 120, 140. L'Arbre Croche, an Indian settlement, 94; good character of people, 94, 119, 517. Armistice in War of 1812, 323, 325. Askin, John, befriends the Moravians, 187 ; engages in plan to secure con- trol of Michigan, 199; retains Brit- ish allegiance, 200. Askin, John, Junior, at capture of Mackinaw, 283. Asylums, 5 'S. 53 L 574 Atasson or (.)ttason, Schiefflin's name, 201 «. Atiochiarontiong, (one of the forms of Taochiarontiong, or Teiichsa Gron- die), a Huron name lor the region about Detroit and Lake Erie, 37, 48, 56. Atwater, Reuben, Territorial Secretary, 238 ; warns Hull of danger, 276. Audrain, Peter, a public ofiicer at De- troit, 350-1, 584 t N D E X Baby, Colonel Francis, of Canada, 19s ; ransoms American prisoners, 349- Uaggattaway, an Indian game of ball, used as a device to enter Mackinaw in 1763, 121 ; attempted at Detroit, 124. Bailey, Lewis E., his horse, 448. Bagley, John J., Governor"' of Michi- gan, 545, 556 Baker, Ensign, story of his adventures after Battles of Frenchtown, 348. Baldwin, Henry P., Governor of Mich- igan. 545, 556, 561, 576. Ball-play at Shawnee village between Indians and squaws, 210. Bank of Detroit chartered, but annulled by Congress, 244. Bank of Michigan chartered, 400. Banking system of Michigan carried to excess, 489-492, 513. Barclay, Captain, defeated by Perry, 367- Barre, Governor de la, friendly to set- tlements, 41 ; controversy with Don- g^n, 42. Barrow, Captain, of British army, be- friends American prisoners, 349. Barry, John S , Governor, 515, 531,545. Barstuw, Samuel, 512. Bassett, Major Henry, British Com- mander, 149, 150, 152. Bates, Frederick, Territorial Judge, 237 ; Secretary and Governor of Missouri, 239. Battle of Bloody Run, 129; of Tippe- canoe, 260; of River Raisin, 338, 344; of Fort Meigs, 357; of Fort Stephenson, 360 ; of Lake Erie, 367 ; of the Thames, 371. Bayard, Major Robert, British Com- mander, establishes courts, 141, 142. Beauhamois, Charles, Marquis de, Governor General, grants lands at Detroit, 88, 89, 90. / Beauvais de Tilly, goes with Tonty to Seneca campaign, 45. Beavers in Upper Canada and Michi- gan,, 48, 58 Beaver Island, Mormon kingdom there, 547, 549- Bellestre (or Bellftre), Francois Marie Piquot6 de ; his property in De- troit, 60,63, '45; accompanies In- dian chiefs to Quebec, and returns with De la Richardie, loi ; last French Commander at Detroit, 109, no. Bellefontaine, or Springwells, 297. Belle He, above Detroit, formerly He a Ste. Claire, and He aux Cochons, 124; Fisher murdered there by In- dians, 125; granted to George Mc- Dougall, 170. Bene worth, James, engraver, 489. Biddle, Major John : contributor to historical sketches, 422 ; delegate to Congress, 398; candidate for Senate, 469 Bigot, Intendant : his misconduct and conviction, 92. Big Snake joins Harrison, 362. Bingham, Kinsley S., Governor, 515, 545, 563; Senator, 563-4, 570. Bird, Captain Henry, makes incursion into Kentucky, 181. Black Hawk War, 436. Black Hoof joins Harrison, 362. Blair, Austin, Governor, 545, 565, 568 Blood, Dr., wounded at Detroit, 300. Bloody Run, massacre of, 129. Bluejacket, Shawnee chief: his village and doings there, 210. Bois-blanc Island of Detroit River, 59 ; headquarters of Hurops, 99; mission removed to Sandwich, loi ; dispute as to its nationality, 228; Tecum- seh's headquarters, 369 ; forest re- moved in Patriot War, 511. Boieh6bert, Captain, French Comman- INDEX 586 dant, favors settlement at Detroit, 89, 90 ; authorizes mill to be built, /*. Boone, Daniel, captive at Detroit, 175 ; attacked by British' //'. Boundary disputes : on the lakes, 2 ; at Bois-blanc, 229; on southern bor- der, 209, 331, 433, 444-448. 449-463. 470-477. Bounties to industries, 493. Bounty lands : Michigan reported un- fit for them, 379, 380. Bourgmont, Commander of Detroit in Cadillac's absence, is attacked by Indians, 67 n. Bradstreet, Colonel, visits Detroit and makes treaty, 130, 131. Brady, Fort, at Sault Ste. Marie : Cass obtains Indian cession for, 404; in- terferes with ship canal, 502. Brandy traffic at Mackinaw and De- troit, 64, 65, 85. Brant encouraged by the British against the Americans, 191, 257. Brevoort, (Major and Commodore) Henry B., 366, 368. British conquer Canada and occupy Detroit, 109, in; early endeavors to get a foothold in Michigan, 29, 39, 42, 43, 51 ; Roseboom and McGre- gory expeditions captured, 43 ; Iro- quois cession, 56 ; govern Michigan by martial law, 132, 156, 162; pass Quebec Act, 153; send expeditions from Detroit in Revolution, 172, 174, 181 ; retain posts in violation of treaty, 189; excite Indians against Americans, 192 ; give up the posts in 1776, 197; subsidize Indians, 257, 401, 406; take Detroit, 302; occu- pation and re-surrender. Chap. XII. Brock, General Sir Isaac, takes De- troit, 301 ; is knighted, 336; killed, ib. Brown, Dr. Wm., 350, 351, 356. Brown County, 388. Brownstown, battle of, 287, 289. Brush, Colonel Elijah, Attorney Gen- eral, 219; mystifies the court, ih.; colonel of militia, 242; commands regiment during War of 1812, 321 ; aids prisoners, 350; banished by Proctor, 356. Brush, Captam Henry, endeavors to take supplies to Detroit, 287, 296; refuses to surrender, 305 ; vindicated by court martial, 306. Buckongahelas, a Delaware chief: af- fairs at his village, 210. Buffaloes common in Michigan, 113. Bull, George H., botanist, 488. Burnet, Judge Jacob, 210. Burr's conspiracy leads to special leg- islation, 264. Burt, William A., inventor of the solar compass, 527-8. Burtis, Captain John, introduces horse and steam ferries, 413, 414. Bushlopers or bushrangers, 14, 16, 52. Cadarachqui or Cadaraqui, a name of Lake Ontario, 52, 56. Cadillac, Antoine de la Motte, Lord of Bouaquat and Mont Desert, a prom- inent officer, 50; desires to fortify the Strait, 5 1 ; visits France and ob- tains authority, 52,53; builds Fort Pontchartrain, 54, 59 ; career at De- troit, Chap, v.; his character, 64; I made (iovernor of Louisiana, 76 ; I descendants, 80. i Cadotte, Monsieur, interpreter at Sault j Ste. Marie, iii. I Caledonia, British man-of-war, captur- ed at Fort Erie, 281, 336; used in attack on Mackinaw, 283 ; one of I Perry's fleet, 367. I Calli^res, Louis Hector dc, Governor 586 INDEX of New France. 56; confers with Iroquois about Detroit, 55 ; unjust to Cadillac, 67. Campau, Joseph, occupies place of Cadillac's house, 62. Campau, Charles, builds water-mill, 90. Campbell, Donald, Captain and Major in 60th Royal Americans, first Brit- ish Commander of Detroit, 116; visits Pontiac's camp, 127; murder- ed by Saginaw chief Wasson, 128. Campbell, John, Colonel, and Com- mander at Detroit, took part in Croghan's negotiations with Indians, 139; repaired fort, 140; levied taxes, 141. Campbell, James v.. Judge, 569; law professor, 555. Canada or New France, included Mich- igan, 3 ; conquered by Great Britain, 109 ; governed by royal proclama- tion, 132 ; brought under Quebec Act, 153, 155; divided Into Upper and Lower Canada, 194 ; invaded by Hull, 278; disaffection caused by proclamation, 279, 321, 322, 326; evacuated by Hull, 290; invaded by Harrison, 269. Canada Company control trade at De- troit. 66. Cannon captured in Revolution, re- captured at Detroit, and again re- taken at the Thames, 336. Canoes : their size fixed for trading purposes, 74, 401. Capital punishment inflicted by Judge Dejean, 166 ; abolished, 524. Capital of Michigan removed to Lan- sing, 533- Capitol building at Detroit, 410; at Lansing, 575. Carantouan, whether the same as Kar- ontaen, 37. Carheil, Father, missionary at Mack- inaw, 64. Carignan Regiment, 27. Carleton, Sir Guy, (Lord Dorchester), 157; establishes courts, 159; makes appointments at Detroit, 161 ; gives land to tory refugees, 194; encour- ages Indians, 191, 194. Carts, fashionable vehicles in Detroit, 421. Cass, Lewis, (Colonel and General): meeting with Judge Sibley, 218; el- ected colonel of volunteers, 274; defeats British at Canard River, but is prevented by Hull from moving on Maiden, 279 ; sent away with Mc- Arthur before surrender of Detroit, 297; reports facts at Washington, 329; promoted, 330; in Harrison's army, 371 ; his brigade left at Sand- wich, //'.; volunteer aid in Battle of the Thames, 372; Governor of Michigan, 376; his administration, Chap. XIII.; advanced political views, 392, 413; expedition to sour- ces of the Mississippi, 400 ; gallant conduct at Sault Ste. Marie, 403 ; expedition with Colonel McKenney, 414; made Secretary of War, 419; literary and social surroundings, 420 ; Senator, 536 ; Secretary of State, 564. Catholepistemiad, 385. Cattle at Detroit, 61, 86. Cavelier, (see La Salle), Monsieur, brother of La Salle, defrauds the Chevalier de Tonty, 46. C6loron, Commander at Detroit, 93, 99. Census of Canada. 69; of Michigan, 234, 442. Chabert de Joncaire, the Chevalier Francois, influential with the Sene- cas, 114; suspected by British, 147 ; delegate from Wayne County in As- sembly of Northwest Territory, 1 14, 219. Chacornacle, a lieutenant of Cadillac, 54- Chambers, Major, sent by Brock to raise forces to relieve Maiden, and fails to obtain them, 279, 287, 322. INDEX. 587 Champlain, said to have known the Strait, 10. Chancery, Court of, 480; abolished, 480, 522. Chandler, Zachariah, Senator, 564, 571. Chaplain, duties of, devolved on mili- itary officers, 179, 204. Chapoton, a French citizen, communi- cates with Pontiac, 127. Charlevoix, Father, the historian, 4; visits Detroit, 86. Chaudi^re, a name of Lake .Ste. Claire, 38. Chegoimegon, mission at, 12. Chemin du Ronde, the road next to the pickets at Detroit, 60. Cbfine, Captain Isidore, of Detroit, at- tempts to capture Daniel Boone, 175. Chicago massacre, 293, 295, 305. Chi^ry, a monopolist at Detroit, 88. Chillicothe, made capital of Northwest Territory, 222 ; discontent and riots, 223. China, supposed to be accessible, 21. Chipman, Henry, Territorial Judge, 410, 435- Chippewa (or Ojibway) Indians, fiercer than Ottawas, 119; destroy the Mackinaw garrison, 121 ; allow Mo- ravians to settle at Clinton River, 184. Cholera at Detroit, 437-8, 441. Christiancy, Isaac P., Judge, 569; Senator, it. Churches organized, 396-7; Saint Anne's, 81, 255, 398, 387. Cincinnati, capital of Northwest Ter- ritory, 222. Clark, George Rogers, captures Vin- cennes and Kaskaskia, 1 74, 1 76 ; sends Governor Hamilton and others prisoners to Virginia, 176. Clay, General Green, at Fort Meigs, 359- Clinton River, formerly Huron, 184, 412. Colbert, offers rewards for discovery, 29 ; checks clerical powers, ib. Colden, Cadwallader, plans against Detroit, 108. Colonial absolutism, 5 ; contrasted with common-law system, 106, 134, 171 ; colonial industry encouraged by France, 106. Combs, General Leslie, captain and scout at Fort Meigs, 358; runs the gauntlet, ib. Commanders at Detroit : their names, 93 ; their privileges, 87, 97. Commission of charities, 561. Compiled Laws, 542. Concessions of land, 71, 79, 90. Cong6s or trade licenses, 25, 69. Connor, Richard, with Moravians, 187. Connor, Henry, an interpreter, 187. Constantine, Father, a missionary, killed, 67 n. Constitution of Michigan of 1835, 462, 538; of 1850, 539, 540, 544, 571, 572- Constitutional commission and its fail- ure, 573. Contencinau, Jean, executed at Detroit by order of Dejean, 166. Conti, Princess of, a patroness of Tonty, 33. ... -^.. Convention to form constitution, 462 ; to consider conditions of admission, 475 ; Frost-bitten, 477 ; second con- stitutional, 539 ; third constitutional, 572. Cooley, Thomas M., Judge, 569, 555 ; compiles Statutes, 542. Copper mines on Lake Superior, 147, 148, 529. Corporation laws, 538. Corrigenda: page 197, line 21, for "administration" read "admiration"; page 326, line 8, for "lesson" read " lessen." Council of Northwest Territory, 208 ; of Michigan, i, 409, 41 1-13, 416. 688 INDEX. County of Wayne established, 205 ; the only county until Cass's admin- istration, 262 ; re-established, 382 ; counties organized, 382, 383, 388, 407, 433, 547. 570. County commissioners, 389, 509 ; county officers made elective, 413 ; county systems, 425, 509. Coureurs de hois, or bushrangers, 14, 'S. 25, 40, 50, 52- Courtemanche, a French officer, 39. Courts: none under the French, 78; created by military commanders, 141 ; in Upper Canada and Michigan under the British, 159, 161, 194; in Northwest Territory, 205 ; in Mich- igan Territory, 240, 250, 262, 410, 463 ; in the State ot" Michigan, Chaps. XV. and XVI. passim. Craig, Sir James, Governor General of Canada, warns the United States against Tecumseh, 259 ; sends John Henry to intrigue in New England for disunion, 259. Crapo, Henry H., Governor, 541, 568, 571- Crary, Isaac E,, first Representative, 465- Crawford County (Wisconsin), 388. Croghan, Colonel George, British agent, 120, 139. Croghan, Major George, heroic defence of Fort Stephenson, 360. Cuillerier, Alexis, wrongly convicted, and vindicated, 125. Currency, paper and miscellaneous ar- ticles, 262, 384-5. Curtish, Captain, of the British arm/. befriends American prisoners, 349. Dalliba, James, Captain of Artillery, prevented from firing on the British batteries by Hull, 296-7. Dalzell (or Dalyell), Captain, arrives at Detroit, 129; killed at Bloody Run, 130. Davis, Jefferson, custodian of Black Hawk, 436. Dejean, Philip, appointed Judge, 141, 162; condemns prisoners to death, 166 ; peculiar relations with Gover- nor Hamilton, 1 70 ; captured at Vin- cennes and made close prisoner in Virginia, 176. Delaware Indians, friendly to United States, 260. Delegates to Congress, 398. Delietto, Sieur, commanding at Fort St. Louis, 47, 81. DeMuy, Commander at Detroit, 93, 97. Denison, B-lizabeth and Scipio, held as slaves, 246. Denny, |ames. Major of Volunteers in Hull's army, 274. Denonville, Governor of New France, asserts title to Michigan, 42. Department of the Marine, contains many records, 5. DePeyster, Arent Schuyler, (Major and Colonel), Commander at Mackinaw : sends aid to Hamilton, 174; suc- ceeds to command at Detroit, 178 ef seq.\ character, 179; friena of Burns and commander of his regiment, ih. Dequindre, Fontenay, has titres de noblesse, 212. Dequindre, Antoine, Captain inLegiyn, at Monguagon, 321 ; receives thanks of the Legislature, ib. Deschaillons de St. Ours, Commander at Detroit, 93. Deserters kidnapped by British officers, 246. Desnoyelles, Commander at Detroit, 93- Desnoyers, Peter J., banished by Proc- tor, 356. Desnoyers, Peter, State Treasurer, ib. INDEX. 589 Detroit : Le D6troit, or the Strait, dis- covered early, lo ; passed by Joliet, 23 ; visited by Dollier and Galinee, /A; by La Salle in the Griffin, 35 ; Teuchsa Grondie, Taochiarontiong, Karontaen, 37; fortified by DuLuth at Fort St. Joseph, 43 ; Tonty's ren- ^ dezvous, 44, 45 ; capture of English parties, 45 ; efforts of English and Iroquois to control the passage, 48 ; place of city known as Wawyachte- nok or Waweatanong, 51; Cadillac authoiized to establish a town, 53, 54; ''"ort Pontchartrain, 54, 59; af- fairs under Cadillac, Chap. V.; Brit- ish intrigues with Iroquois and ces- sion, 56; Indian attacks, 67; siege of 1712, 8i ; projected massacre of 1747, 10 1 ; supplies furnished during English war, 108 ; fort enlarged, 107 ; surrendeied to British, 109; descrip- tion, 112, 212, 224; new fort built (Fort Lemoult), 178; American oc- cupation, 197, 205 ; business and social condition, 2x0, 2'.2, 226, 254, 420; incorporated, 222; burned in 1805, and new plans adopted, 240; stockaded in 1807, 248; affairs of War of 1812, Chaps. XI. and XII.; social affairs under General Cass, 420; cholera, 437; schools, 512; capital removed from, 512, 533 Detroit : armed vessel captured by El- liott, 336; another by Perry, 367. Detroit Gazette established, 384. Dickson, Kob t, British Indian agent, 283, 358- Disloyalty to the United States in up- per country, 201, 286. Districts for judicial purposes created by Lord Dorchester, 159; by Gover- nor Hull, 241, 262. Dodemead, John, receives Indian grants, 196 ; his house used for court sessions, 219; court under duress there, ib. Dodge, Colonel Henry, in Black Hawk War, 436. Dollier de Casson, with Galin6e and LaSalle, on exploring expedition, 23 ; pass through Detroit River and de- stroy a stone idol, ib. Dongan, Governor, of New York, dis- putes with Governor of New France about northwestern trade, 13, 42, 43 ; sends expeditions under Koseboom and McGregory, 44. Dorchester, {see CarUton). Doty, James Duane, accompanies Gen- eral Cass in 1820, 401 ; Territorial Judge, 409. Douglass, Columbus C, assistant in geological corps, 488. Dousman, Captain Michael : his course at capture of Mackinaw, 284, 286. Drummond's Island, held by British ifter awarded to the United States, and used as rendezvous for Indian payments, 401, 406. Dubuisson, Commander at Detroit in siege of 171 2, 81, 82. Dudley, Colonel, at Fort Meigs, 358. Duelling punished, 405. Dugue, a lieutenant of Cadillac, 54. DuLuth, Daniel Grlsolon, an eminent CiJ French leader, 40, et seq.\ goes to n France to vindicate himself, 41 ; j 1 builds fort near Lake Huron (Fort St. Joseph), 43 ; at capture of Mc- Gregory, 45 ; cousin of Tonty, 47. Duraiitaye (de la), a distinguished of- ficer, commanding at Mackinaw, 40, 42; captures Koseboom, 44. Dutch cede New York to England, 29. 690 INDEX. Eaton, John H., Secretary of War, 429; contemplated as Governor of of Michigan, ib. Education : Cadillac desires to provide for it at Detroit, 70, 71 ; Vaudreuil favors it, 107 ; provided for by Or- dinance of 1787, 208; land set apart for it in Northwest Territory, 220; school and University grants, 230, 415; Michigan University chartered, 385, 407, 481 ; Normal School, 532 ; Agricultural College, 543, 573 ; free schools in Detroit, 512; generally, 543 ; State Public School, 561. Election t>f delegates to General As- sembly of Northwest Territory, 219; of Legislative Council, 409, 413, 416 ; of Constitutional Convention, 443 ; first State_election, 465. Elliott, Jesse D., (Lieutenant, after- wards Commodore), captures British vessels Caledonia and Detroit, 336 ; taki^s part in Battle of Lake Erie, 367-8. Elliott, Colonel Matthew, (British In- dian agent), endeavors to enlist De- la wares for the British, 182; tampers with American Indians, 195, 257; endeavors to recover fugitive slaves, 247; ransoms American prisoners from Indians, 349. Elliott, Captain, (son of Matthew), summons Brush to surrender, 305 ; I at Frenchtown, 344; promises to Captain Hart, 345. English: rivals of France, 28; send out western expeditions, 42, 43; charter Hudson's Bay Company, 28; emissaries at Detroit, 67, 77, 81 ; to be prevented from reaching the Ohio, 99, 104; war with France, 108; un- popular with Indians, 115, 118, 136. Erie Canal, an important agent m western settlement, 2, 412. Erie, Lake: its importance, 41, 42; various names, 57; the Grififin the first vessel on it, 33 ; Battle of, 367 ; Walk-in-the- Water, the first steam- boat, 395. Etherington, George, (Captain and Major), commanding at Mackinaw in 1763, 118; duped by Indian ball- play, 121; capture and adventures, 122. Evidence, rules of, modified, 523. Exploring expeditions: sent to find the South Sea, 21, 29 ; LaSalle and St. Lusson, 21 ; Joliet, Marquette, 30 ; Dollier and Galinie, 23 ; La- Salle's great voyage, 33 ; McGregory and Roseboom, 44; Cass and School- craft, 401 ; Cass and McKenney, 414. Exports, 389, 416, 417, Famine threatened at Detroit, 101, 106. Karnsworth, Elon,Chancellor, 480, 516. Faux-saulniers, or salt smugglers, de- sirable colonists, 16; sent to build New Orleans, 16 ; wanted in Canada, 89 ; to be sent to Detroit, 105. Felch, Alpheus, Governor, 536; Sen- ator, 537. Female suffrage rejected, 572. Feudal rights of Cadillac, 66, 71, 87; government grants at Detroit in rotfire and not feudal, 91 Financial troubles of Michigan, 501, S08. S'3- Findlay, James, member of Council of Northwest Territory, 219; colonel of Ohio volunteers in Hull's army, 273 ; at surrender of Detroit, 399, 302. Fisher, James, Sergeant, in British INDEX. 591 army, murdered by Pontiac's Indians at Hog Island, 125 ; Cuillerier wrongly condemned for drowning his child, ib. Flag staff at Detroit, not used by Americans after Hull's surrender, 371 ; blown down, th. Fletcher, William A., Judge and Re- viser, 480, 509. Flour, fi-t;t exported from the Territory, 417. Forests recklessly destroyed, 574. Forged letter, sent to stop enlistments in Kentucky, 363. Formality of |.~ublic acts of French of- ficers, 78 Fort St. Joseph, on St. Joseph River, 39, 120; St. Joseph, on St. Clair River, built by DuLuth, 43 ; burned and evacuated by La Hontan, 49 ; Mackinaw, I9, 25, 39, 48, O9 ; posi- tion changed at various times, 12, 112, 188; captured by Indians, 121 ; moved to Island of Michilimackinac, 188; captured by British, 284 ; re- j stored to United States, 378 ; Pont- \ chartrain, built by Cadillac in 1701. j 54, 59; former fort in 1687, 44! British propose to build one at Wa- wyachtenok, 51; attacked by In- ' dians, 67 ; besieged by Indians in 1711,81; enlarged, 107; surrender- ed to British, 109 ; LernouU, at De- troit, back of old town, 178; retain- ed by British in violation of treaty of peace, 189, 192; delivered up to Americans, 197; surrendered to British by Hull, 302 ; recaptured by Harrison, and held by Duncan Mc- Arthur, 370 ; abandoned and dis- mantled, 415; Gratiot, built in 1814, 376 ; Brady, at .Sault Ste. Mane, or- iginally belonged to Repentigny, 107; abandoned, iii, 120; established by United States, 403-4 ; garrison pre- vent Michigan from building ship canal, 502-3. Foxes (orOutagamies) besiege Detroit, 81 ; defeated and slaughtered, 83. Franklin, Benjamin, desires to extend settlements, 131, 151, 154. French writers and explorers, 4. French system unfavorable to freedom, 77, »7«. French popular with Indians, 22, 117, 118, 122,333; British suspicious of their loyalty, 135 ; mostly loyal, 170 ; not zealous against the .\meric.ins, 279, 322 ; Proctor's efforts to intimi- date and seduce them in Michigan, 334- Frenchtown, battles and massacre, 33S -345- Frontenac, Governor of New France, ll> 40 Fur trade, the chief colonial interest, 9, 25, 40, 138 ; attempts to control it, 42, 48, 52. 'g^, I9«- Gage, General, Commander-in-Chief, «I7, 145- Galinie, {see Dollier). Galissonni^re, Marquis de la. Governor General of New France, favors De- troit, 69, 94 ; liberal views, 104 ; suggestions concerning Detroit, 105. Ganatchio, a name of Lake Ste. Claire, 38. Gatineau, a Detroit monopolist, 88. | General Assembly of Northwest Ter- ritory: members from Wayne Coun- ty, 219 ; troubles at Chillicothe, 223 ; differences with Governor, 220. Geological survey organized by Doctor Houghton, 487, 527. Gilpin, Henry D., nominated for Gov- ernor and rejected, 441. Gladwin, Major, commanding at De- troit in Pontiac war, 116, 133. 692 INDEX. Gnadenhutten, New, founded by Zeis- berger, on Clinton River, 184; Mo- ravian road to, 185 ; abandoned, 187. Godfroy, Monsieur (Jaques ?), commu- nicates with Pontiac, 127. Godfroy, Colone' Gabriel : his post on the Raisin, 297 ; aids American prisoners, 350; intercedes for Oke- mos, 364. Goodwin, Daniel, Judge, 475. Gordon, Lieutenant Govcinor James Wright, 514. Gorrell, Lieutenant, in command at Green Bay, 118; adventures in Pon- tiac war, 122. Governors of New France : annoyed by intrigues. 5, 18, 21. (iovernor General of Canada : his powers under King's proclamation, 132; under Quebec Act, 155. Governor and Judges : powers under Ordinance of 1787, 207; acts in Michigan, Chaps. X. and XIII ; last act as land board, 479. Governors of Michigan Territory: Hull, Chaps. X. and XL; Cass, Chap. XIII.; Porter, Chap. XIV.; of State, Chaps. XV. and XVI. passim. Grand jury system, partially abandon- ed, 562. Grandfontaine, Governor of Acadia, sends out Joliet, 30. Grants of land: by Cadillac, 71 ; by ( lovernor and Intendant, 80, 89, 90 ; of lots within the fort at Detroit, 94 ; from Indians, 120, 140, 170, 193, 196; mostly invalid, 231 ; by Governor and Judges in Detroit, 241, 243 ; by Congress in Michigan, 243, 286. Gratiot, F'ort, built, 376. Graverat, Garret : under bonds during Revolution, 165 ; ill-treated by De- Peyster, 180. Graves, Major : at the River Raisin battles and massacre, 338, 342, 343 ; c.irried away by Indians, 346; prob- able fate, 346, 348. Graves, Benjamin F., Judge of Supreme Court, 569. Green, Judge Sanford M., reviser of Statutes, 510, 523 Green Bay, Gorrell at, 118; people disloyal to United States, 201, 286. Greenville, Wayne makes treaty at, 196. Gregoire, Madame, heiress of Cadillac, 80. Griffin, the first vessel on Lake Eric, built by LaSalle, 33 ; leaves Niagara River, 35 ; reaches Detroit, 37 ; reaches Mackinaw, 38. Griffin, John, Territorial Judge, 237, and Chap. X.; loses office, 41 1. Grisolon [see DuLutli) de la Tourettc, brother of DuLuth, 46. GriswoUl, Stanley, Territorial Secre- tary, 237. Grosse He, a large island at mouth of Detroit River, 58 ; proposed site of town, 58; attack on Frenchmen there by Indians, 102; granted to Alexander Macomb, 170; British undertake to assert authority there, 378. ■ . ....:: -.A H Haldimand, Governor (ieneral, re- tu.ses to give up western posts, 1S9, 270. Half century ut the Republic com- pleted, 3. Hall, (ieneral, communicates with Hull, 290. Hamilton, Henry, Lieutenant Governor at Detroit, 158, 165; relations with Dejean, 170; military action, 174; INDEX, 593 captured at Vincennes, 177; confined closely in Virginia, 177. Hanks, Lieutenant Porter, taken pris- oner at Mackinaw, 285 ; killed at Detroit, 300. Harrison, General William Henry : :;; delegate to Congress, 220 ; Governor of Indiana, 236 ; defeats Indians at Tippecanoe, 260; commands north- ,r western army, 335,357; holds Fort • Meigs, 357; occupies Maiden, 369; ' occupies Detroit, 370; gains Battle of the Thames, 371, and see Chap. XII. passim; conciliates Indians, 372-3- Hart, Captain: captured at French- town, 345; murdered by Indians, 346 ; buried with honors at Detroit, 374, 394' Haven, Rev. E. O., (D.D.), President of University, 554. Hay, John, Colonel: made Indian agent at Pontiac's request, 136; cap- tured with Hamilton at Vincennes, 176; imprisoned, 177 ; exchanged, tb.\ made Lieutenant Governor, 186; dies, ih. Heald, Captain, ordered by Hull to evacuate Chicago, 293 ; misfortunes, 295. Helm, Mrs. Margaret, at Chicago mas- sacre, 295 ; harshly treated by Proc- tor, 295, 355. Helm, Captain, garrisons Vincennes with one soldier and receives honors of war on surrender, 1 74. Hennepin, Father Louis, comjianion of LaSalle, 4, 6, 34. Henry, Alexander, a British trader: adventures at Mackinaw, etc , in Pontiac war, 1 1 1, 121, 122 ; attempts miniii); on Lake Superior, 147. Henry, John, a British agent employed to excije disunion in New Kiiglnnd, 859. Hrsse, a Canadian district including Michigan, 159, ibi. 89 Higgins, Sylvester W., topographer, 488.519. Historical Society, 422. - • Hocquart, Intendant, 88. Hog Island, {see Belle fsle). Holmes, Major, killed at Mackinaw, 373- Homesteads, 543. Horner, John S. : his experience as Secretary of the Territory, 465-469. Horses : at Detroit in Cadillac's time, 6i ; subsequently, 86; numbers in Canada, 87; none at Oswego, ib.; wild, at Detroit, 389 ; used as pack- animals, 390. Houghton, Doctor Douglass, at De- troit, 423; State Geologist, 487; plans northern surveys, 527-8 ; death, 423, 529- Houses : in Detroit, m early days, 62, 63 ; cost of Bellestre's, 63 ; number in 1760, U2; in 1796, 213; style of, 213, 215. Howard, Jacob M., Senator, 440, 467 570- Hubbaid, Bela, assistant geologist, 488: his haunted mill, 217. Hudson's Bay Company incorporated, 28. Hull, William, CJovernor of Michigan Territory, Chaps. X. and XL; ap- |>ointed Governor, 237 ; reaches De- troit, 239; creates court districts, 241 ; organizes militia, 242; discords inboard, 241,244; makes treaties, 247 ; builds stockade, 248 ; enrolls negro militia, 349; troubles with Woodward, 251 ; goes to Washing- ton, 261 ; views on war,, 267, 271-2 ; Revolutionary record, ifx) ; other .intccedents, 270; appointed to com- mand, 273 ; over-nicety, 274 ; reaches the Maumec, 275; sends vessels to Detroit — one captured at Maiden, 276; reaches Springviiells, 277; crosses into t.'anada, a/8- effect of his proclamation, 379 ; delays, a8o- 594 INDEX. 283, 289 ; orders attack on Maiden, 290; retreats from Canada, (A; me- ditates surrender, 292 ; orders evac- uation of Fort Dearborn at Chicago, 293 ; refuses to attack batteries, 297 ; sends out Cass and McArthur to the Raisin, ih. ; refuses summons to cap- itulate, 298 ; makes no resistance to Brock, 300 ; surrenders without fight- ing, 302 ; discharged on parole, 304, 315 ; court martial, 306 ; his defence, 310; subsequent memoirs on the subject, 314; reasons for dissolving first court, 316; remarks on his de- fence, 318-328. Hunt, John, Judge, 411. Hunt, Major Henry J., 350, 351. Huntington, Samuel, declines judge- ship, 237. Hurons, Ouendats or Wyandots, 9; at Mackinaw, 49; remove to Detroit, 63 ; industrious and intelligent, 49 ; raise corn for sale, 49, 86 ; mission at Bois-blanc Island, 99; intrigues against Detroit, th.; mission removed to Sandwich, 103; villages at Brownstown and Munguagon, 287, 289, 340, 397 ; mostly friendly to United States, 260; some join the British, 280, 287 ; join Harrison, 362 ; make treaty, 377 ; change rc- ^erves, 397. Huron, Lake, called Ottawawa, 57. - Idol, destroyed at Detroit, 23. Illinois Indians, help Dubuisson, 82. Illinois, State, organized, 383 ; en- croaches on Wisconsin, id. Imports, in Territory, 407-410. Indiana : Territory organized, 222 ; made to include all Michigan, 223 ; State includes part of Michigan, 383. Indian names of counties, 519, Indians : settle at Detroit, 63 ; Cadillac desires to civilize them, 64, 70 ; con- dition in 1718, 85; occasionally troublesome, 67, 81, loi ; stirred up by Pontiac, 117; dislike Isnglisii, 118 ; not restrained by white leaders, 122; persuaded against Americans, 191, 192, 19s, 257; injured l)y white associations, 21 1; deceived by in- terpreters, 131 ; make grants of land, I20, 140, 170, 193, 196; rise under I'rophet and Tecumseh, 257; course HI War of 1812, 279, a8o, 283, 293, 333, 34«. 345, 358, 362, 372, 376; make peace, 373, 376 ; action of Michigan Legislature on their be- half, 517, 543,545- Intendant's deputy at Detroit, 96. Internal improvement system under- taken, 483; ruinous results, 513; abandoned, ib., 520. Interpreters, cause trouble by their mistakes, 131 «. ■ ' v Irish manuscript, 410. Iroquois : did !iot occupy Michigan, ",57; object to Krench control of the Strait, as the way to the beaver country, 42, 56 ; convey their lauds to King of England, 56; campaigns, 27, 46. Islands : in boinulary waters, long un- settled as to nationality, 2; in I.akc Superior, named alter I'ontchartrain and his family, 95 ; lust islands, 96; in Detroit River, !;8, 59, 124. Jailor, compelled to pay tavern li- cense, 263, Jay's Treaty, 196, 246. JesRup, brigade major at Detroit, V^). I N D E 595 Jesuits: opposed to settlements, i8; I their zeal, ii.; rivalry with other or- I ders, 29 ; troubles at Detroit, 63. , Jogues, Father, 11. | Johnson, Sir William, Indian Superin- | tendent, Chap VII. passim. I Johnson, Colonel Richard M., com- ; mands mounted rangers, 363 ; ar- | rives at Detroit, 371 ; breaks British lines at the Thames, id.; kills Te- j cumseh, 372 ; Vice President, 478. Johnston, John, trader at Sault Ste. Marie, aids in capture of Mackinaw, 284, 402. Joliet, 30. Joncaire, Chevalier Francois Chabert de, 114, 147, 181 ; represents Wayne County in Assembly of Northwest Territory, 219. Jones, George W., delegate to Con- gress, 398, 469. ,, Jones, Richard, aids prisoners, 350. Jon<"S, Father, missionary at L'Arbre Croche, carries news of fall of Mack- i law to Gladwin, 121, Jonqui^re, de la, Governor, 104. Judges: none commissioned until 1788, 158, 161 ; Dejean and LeGrand ap- pointed by commanders, 141, 162 ; under Northwest Territory, 206 ; in Michigan Territory, 237, 410, 411, 435 ; in State, 4O3, 469, 480, 569. Judiciary system: originally for life, 207 ; changed in Michigan in 1823, 410 ; under State Constitutions, 463, 469, 480, 521, 522, 523. Jung, and Jungman, Moravian mission- aries, 184. Jurisprudence, French system of, pre- served by Quebec Act, 153; abolish- ed in Upper Canada, 193 ; in Mich- igan, 262. K Kandekio, a name of Lake St. Clair, 38. Karontaen, name of Detroit, 37. Kaskaskia, captured, 174; people friendly to Americans, »A Kent, Professor, 555. Kentucky, invaded by Hird, 181 ; vol- unteers from, 335, 363. Kidnapping, deserters from Detroit, statute against, 417. King's Mountain, Shelby in battle of, 363- King's proclamation after conquest of Canada, 132. Kinzie, John, of Chicago, at massacre, 293 ; ill-treated by Proctor, 354 Kishkaukon, Saginaw chief, trouble- some, 376; charged with murder, and poisons himself, 416; County, 5 '9 Knaggs, Captain James, recognizes Tecumseh, 372. Kundig, Rev. Martm, appropriation to, 494- I.AHAUIK, Miss, helps prisoners, 350. l^a Butte, interpreter during Pontiac war, 127, 131. l.a Croix, (luliert, captain in Legion, 321. La Kor*t, Major de, ( L» Halle's lieu- tenant), 40, 81 ; at irapture ol Rose- boom and McCiregorv, 44; succeeds ('adillac, 80; gives hit views al)uiit Detroit, (i4. La Hontan, Raron de, 4, 6 ; commands I>ort St. Joseph, 46; destroys and evacuates it, 49. Lakes, necessary ways, 58. La Mar(|iie, Detroit monopolist, 86. L.T Mothe, Captain, captured at Vln- cennes, 1 77. La Motte Cadillac, (/rloie surrender, 297 ; In lom^ mand at l>«iiiili, 1701 raid Ihrouiih C«n«l», j;j. INDEX. 597 McClelland, Robert, Governor, 545. McCracken, Captain Virgin, murdered at Frenchtown, 346. McDonell, John, 350. McDougall, Lieutenant George, goes with Major Campbell to Pontiat's camp, 128; escapes, ih.\ obtains grant of Hog Island, 170. McGregor, Gregor, appointed first sheriff by Lord Dorchester, 161. McGregory, Major Patrick, sent on ex- pedition to Mackinaw, 43 ; captured by Tonty and his associates, 45. McKee, Colonel, British Indian agent : his stores destroyed by Wayne, 195 ; at Maiden, 257 ; jirotects inhabitants of Detroit, 333. McKeehan, Doctor, sent to attend prisoners, and captured, 346 ; cruelly treated, ib. McKenney, Colonel, accompanies Cass tu Lake Superior, 414. Mc Kinney, John, defaulting State Treasurer, 565. McKinstry, Colonel David C, opposes Secretary Mason's ap|)ointnient, 430. Mac.iulay, Zachary, signs protest against (Quebec Act, 158 Mack, Stephen, an othier ot the Le- gion, 321 ; helps prisoners, 350, Mackinaw : an early post and mission, 12, 13, 19; position ol fort, 13, 4H, 113; captured by Indians, 131 ; dif- ficulties with Major Rogers, 145; fort removed to Island i Dritoil, Inherit* Muy ealales, \\Un.\ ho«|iiialily, lit Macumh, Aleaamier, merihanl : mi intnmiltM to itguUlt liquor Ml**, Ih4i uMaina gtani ol GtoMe tl«, 17a Macomb, Alexander, General, receives sword of honor, 384. Macomb, William, helps prisoners, 350- Macomb County, 388. Madison, Major, at Battles of French- town, 338-345. Madison, President, 324. Maiden (or Amherstburgh) : built on American occupation of Michigan, 228 ; why not placed on Bois-blanc Island, 229 ; centre of Indian trans- actions, 257 ; Hull fails to take it, 279, 292, 308, 310; forces from, at Frenchtown, 337, 340; prisoners taken there, 345 ; Barclay gathers his fleet, 366 ; Proctor evacuates and partially destroys, 369; Harrison occupies, /A; restored to British, 378; vexatious conduct of ofificers there, ib. Manitous, 24. Manning, Randolph, Chancellor and Judge, 480, 569. Mansfield, Captain, at Detroit, 304. Manslield, Lord: inconsistency, 1)2, 156. Manufactures : opposed by English, io(); encouraged by French,*/.; ex- tension of settlements opposed, as dangerous to Britiih industry, 138, ISI. Marietta colonists at Detroit, 317. Marion, Fontaine, shot for acting aa British guide, 46. Mart|uette, Father, IJ. Marriages: perlormed by military c'omiiianders, 179; sanctioned by ( anadian Icgiklalion, 304. Married women, orcured in their |iiii- pcrty, $iO. Mar*ton, Isaac, Judge ul Supreme Court, ^(19. Mariin, (ieurge, Chlet JuMice, \it Marital law 1 keftl up after r«Mit{ue«l, under King'a priHlamaiinn, i)l| uiiiUf (puelie< All. mH. M«atuutiiia| l>eaiefa Deltail| li. 598 INDEX Mason, General John T., Secretary of Michigan Territory, 428. Mason, Stevens Thomson, Secretary of Michigan Territory, before his com- ing of age, 429'; objections to his appointment, ib.; maintains bound- ary rights of Territory, 446, 448; superseded by Charles Shaler and John S. Horner, 465 ; elected Gov- ernor of the State, //.; negotiates loan, and is cheated, 497-501. Massacre, planned against Petruit, loi, 123; at Mackinaw, 121 ; at Chicago, 295; at Frenchtown, 345. Maumee Rapids : Kritish build fort there after the Revolution, 195 ; Wayne defeats Indians there, /A; Hull sends vessels to Detroit from, 276; Harrison builds Fort Meigs, 3S7- Maurepas, Count, friendly to Canada, 94- May, James, JudKc, 205; aids priiion- rrs, 350. Mechanics, in colony, 34, 6a. Medammabo, 391. Medical school at Univeraltv, S^t, KJ7. MeiK*, Kurt, l<«»leged ineffrclually, 357. 3J9. Melga, Raturn j, Gnvcrnnr of Ohio, i«<», 3nr. Mwi i l"*, Fathei /•n«, ai t (imiianitu UHalle, )4 Mtnwmliiir Imllam: al iHlruit. laj al( Ka«««iia« I'lMM, IS. MMkan Waf, |«i WtMi) liMliaita, m4. Mt. !*}• MkliaUnt. tt\, t4r ki.. i..f... K,,«M*> thiiaiwip, I, li . k l*.i«N aaMlaMMll, 1^ ti •mVf iMMM tai alMlMM^ iMj aw by Great Britain in violation of treaty, 189; attempt to secure its possession, ig8; delivered up to Americans, 197 ; included in Wayne County of Northwest Territory, 205 ; represented in Assembly, Chap. IX. passim ; attached to Indiana, 224 ; Territory organized, 231 ; its first administration under Hull, Chap. X.; no new settlements, 234 ; nu lands in market, 221, 247 ; surrendered to British, 3U2 ; under British military rule, Chap. XII.; promised to the Prophet, 35&-9 j re-occupied by Americans, 370 ; refuses to have an assembly, 391 ; extended to the Mis- sissippi, 383; to the Missouri, 440; prepares for and forms Constitution, 435, 442 4, 462 ; elects State officers and representative, 463 ; first Leg islature, 4(x); Senators elected, lA; admission subjected to cunditiona, 47a ; rejected by convention, 475 ; iricgular acteptame, 477; admitted into the Union, M.; adopti new Con- alilutiun, S39. Michilimackiiiar, (tt* MiKHm4tw), coun- ty organized, 3KK. Military Inlerlaiencr wiih lanal al .Haull Ste Maile, 50a 3. Mllilla, org«nl(*4l, 105, a4i ; In Wai Ml mia, 3*1 Mlllfi, l.lauUnani Culiiiial Jaiiian in Hull'* aimy, 473; al Halila nl Mun> awDgoii. «1|^ aft) lit«v«iia!*«•* W.. b«fi(MMla pftiMW**. Mlllw A |at«MtM, iiM Mil|» ttrnm |» ilw a«l.4IT. Mill*. UatH M. P.. mtkm npm m ( aiia«aa hMRivy. •» MtlU M HMNrfl, 74, tl*i If MaMrtkan, «• ■ wmhI mim, %^ m l4lM ^ f m km, i«f. i«a INDEX 599 Minong Island, disappearance from maps, 95. Missions : early, 10, 11; Huron, at Bois-blanc, 99 ; removed to Sand- wich, 103. Money: current, 262; paper, shin- plasters and dicker, 384, 490-2, 497 ; scrip, 501. Moni;uagun, Ratile of, 289, 296, Monroe County, organized, 383. Monroe, James, President, visits De- troit, 383. Montreal Point, opposite Detroit, 104. Moore, Thomas, major in Ohio volun- teers, 274. Moravians : Zeisberger and others brought prisoners to Detroit, 183; settle at New ( Inadenhutten, 184; aban'ion it, 187. Morell, George, Territorial and State JixlRe, 435, 48o- Mormons, establish kingdom on Hea- ver Islands, 549; its fate, 551. Morrison, Robert, major in Ohio vtjl- unteeis, 274. Muir, Major, Krilish Commander at Detroit, 340, 353. Mundy, Kdward, first Lieutenant (Joy- eriiur, 4<>V Munson, J. K., major ol Uhlo volun- teers, 374. N Navakri, Kol>ert, deputy uf the In- tendant, 96, 97, <)9. Negroes: retained as slaves, 204, J46 ; not reitorrd when lugltive* lron< < anada, a4(>; rnrnlird •<• milltlii, 149; pciuliar law* lonteininH, 417. New France, IncbKird MUhliian, I, Nrwspaiters : noit* in ( 'aniKlii, I^Jl Mi(hi|{«ii K**«y, ISM l>eliolt tit- ««)tlt, JH4 ; MtiKlgan Mrruld, 41 j. N*w Yotk I «««M lu l-nnUml, J*), I <>nln>vtr«v with, ttw wmi»mi If mI«, 4< Nnhulaa, a IIuiimi th)«l, pM* agalod l>«4tli»t, KS. Normal Sch. IXt N<>fv«n, Jokn, iNW i ; rapacity and punishment, 92. Pcl^e, Pointe: DoUier and Cialinue wrecked there, 23. Perry, Commodore Oliver Hazard, prepares fleet at Krie, 365 ; deleats IJritish Meet on Lake Erie, 367; acts A's aid to Harrison in ll.ittte of the Thames, 372. I'helyppeaux family, 94- Picri:e, John D., Superintendent ol Pulilir Initiuction, 4H1, 513. Ploneern, itmially lione*t, ly PoHtiial difficulties introduced, 411/- 43». I'olUrd, KfvcrrnH KIrhard. liefHeiid* priaonrm, t4<). t'imlM, numcioii* in the ««ihhI\ hanlv ■ lu' liatllll, )N(). I*i>nlihattr«tti, ( Hiinl, •! <,>u«hvi', Aj ) frtamlly lo (•4llli*i. 79; |>t«<«« naintKl fot htm, «t l*tml(h«iiialn. KotI, Ixilll by I'mHIIm Pontiac, Chief of the Ottawas : meets Rogers at Cuyahoga River, 115; his plots and massacres, Chap. VIL passim; his sagacity, 2^7; makes grants of land, 120, 140. I'opulation: of Detroit, in 1760, 112; in 1796, 213; of Territory, 234. Portage of Keweenaw Point : Mesnard lost there, 12. Portage of Sault Ste. Marie ; expense of transportation, 506, 529. Porter, Captain, takes possession of Detroit, 197. Porter, Augustus S., Senator, 514. Porter, (leorge H,, Territorial (lover- nor, 429; dies of cholera, 446. Porter, Peter U., tJeneral, 324. Posts, western, retained by Great Un- tain wroiiglully, 189 Potawataniies : aid Dubuisson, 82; raise large crops, S5 ; icde their vil- lai(cs to ChOiie and Navarre, 150, l|;i ; attack tort on St. Joseph, IJo; lioMtllt to I'nilcd States, 363. Po.ier, Father, niKKionary amunti the ilurons, <)<). 103 f iwell, William Diitnnier, lirat judife rii Wt>'«lern lii*lri(!, |(t|. Pownall, (iovernar, un Krtnch Mltla- mtnia, 17, loN. I'fallnf. »<»! Priming prra*: mmr In CtMda. <•; Aral lnir«Hlti< (l Mtlf*. %\'^ , lUnit. CotiMt*! an.; overtaken and de- feated by Harrison, 371. Quebec Act: passed, 152, 153; op- | posed, 157; not enforced in Western , Canada or Michigan, 158; repealed as to Upper Canada, 193. Railroads: first chartered, 418; owned by State, 483, 495; sold, 496, 520. Raisin, Kiver, battles and massacre, 33»-34S- Randall, Robert, attempts to bribe members of Congress to dispose of Michigan to Detroit company, 199. Ransom of prisoners : from Indians, after Krenchtowii massacre, 349 ; forbidden by I'roctor, 351. Ransom, KpaphroditUA, Judge, 480; (lovcrnor, 537. Ra<|uette, used in ball-play, I3I. Raymbault, mis!«ionary, 11, R^aume, an early Detruit neitler, 88 ; a (irern Hay maf(iiitrate of eccentric juriadii'tion, l(io, Keliellioii, itervicet ul Michigan in, S66. KtcullfU, early mi*iiiun«ric«, 10. Rciord!!, removed from iHtrolt to <,)«el>ef, 190. Ken« of old tlllftnn, iij, aiX, »»4, 4»» Karii, Kl>«nf4ti, )K4. Ktlurm SchtMil, s}«). HtttI, I him an, tV>- H»m«nilan)r, ( h**al(*t (antl Maf<|ui*) •Ir, oblalit* •«i||n#uft«, •ml liwtkk i«>f« •< s«ul| ««(• Maft«. 71. 91, |»7) laal ♦« M« ♦afwty »•? »•-«»••«, «i «0 Reserves, government : remarks upon abuses in extending exclusive juris- diction over them, 507. Revision of statutes: in 1820, 405; in 1827, 417; in 1838, 509; in 1846, 523; forbidden by Constitution, 510, 542. Revolution, American: did not affect sentiment in Michigan, 165, 171. Revolution, French, ot 1.S30: celebrat- ed, 418. Reynolds, Doctor, killed at Detroit, 300. Kiboiirdc. Father ( labricl dc la, iltief missionary with l.aSallr, 34. Richard, Father (iabriel: arrive* at Detroit, 204 ; inlrcMJiue* prinlInK premi, 15$ ; dejcgatr lo Congrcso, 398; die*, 440. Kichardle, Father dr la, Hiiton mis* alonary, loi, lov Klllemen, mountad : |ohn*on'i rtgi* Miriii, yi3; arrive a( Deliuil, 371; brank Iha fn«my'* llnva at Ihf TKanif". t^. HtM'U ' lion* l>rt<>tt Moravian, |M«. (t« In I lull** tlm«. Ktl ; iiiv^tnmani 4M. I, Wnitam aiwl Itavtet, ti< Hamlall tthVMia, ivf. ^ kwlicMava, M 4*. ( ••«IMMbr «t KaatiHt, lUt ia|ilwf«i awi awH to VttflHta, 174. 602 INDEX. Rogers, Major Robert : takes posses- sion of Detroit, 109 ; in Pontiac war, 129; frauds at Mackinaw, and subsequent career, 145. Rosalie, Fort, 95. Roseboom, a New York trader : sent to Mackinaw by Governor Dongan, 44 ; captured by Duraniaye, 45. Rotfire, lands at Detroit held in, 91. Roundhead, Wyandot chief, 334, 340, 342. Rowland, Captain (and Major) Thomas: refuses to submit to Hull's surren- der, 305 ; a gentleman of literary tastes, 422. Royal Americans, (60th Regiment), at Detroit, 109. Ruland, Israel, imprisoned and ban- ished by Proctor, 347, 354. Sabkbvois, Commander at Detroit, 93, 94. Sacs or Sakis : at Detroit, 82 ; befriend Etherington, 119; in Black Hawk war, 435-6- Sager, Dr. Abram, on geological sur- vey, 488. Saghinan or Saginaw, 9. Sahiquage or Sweege, a name of Lake Erie, 57. St. Anne* Church, Detroit, 81, i04, ass. 387, 398' St. Clair, (ieneral Arthur, (tovernor of Northwest Terrllury, a 10, lao. Si. Clair, Arthur, (iton of (iovernor), Altornry (ieneral, aio; honored alH>ve hii cumradm, lA Kl«. Claire, l.akr, named by L^tSallt, jS i varlou* namw, i^, %\. Kiprll, miMlun at Chvgolmtgan, I a. St. Utoigt, CotiHMl, at Malilvn, ^^%. iU. Ignac*. th* old mtMion i>t Maii, tif l,ali» Mithi|i«ti. I' oil )w4ll bv I^Hall*. Yt, >'mi>«<-.| Ml iiML^Oi ueber, and ilies, 101. Sault de Sle. Marie: early mutton, 10, 14; St. l.uMnn holds council, ai; neigneuTJe gritnted to Re|>entigny, 71, 9a, 1071 vinited by Henry, ill; Hrillth aympiihlfcrit, aoi, aHj, aH6, 40a i CaM makm tnaly lh«r«, 404 1 »hlp (anal )nl«rTup(«d by trctapa, 50a \ Iniill, f 46. Ha«y«r, FrMkUn. HM|*iinitiHl»n» oi I'ublic InMruclloii, 44a, }ij S4 aliw. ivwanl kn. %11, HihiffHtn. fonaihan < aiMmMi at Vln ^«IIM« •n«*tly IrieiMlly lu the Tnlled SUle^ ate. Mkea, I>f. John (•,, jo. Khelt>y. (iuvernoi Im«i i |t«lria(k ••*• vtte*. |(i|; Um\% Kfniiuliv xiluii' Me««, i4 ; hU (xmY el Maltlvii, \f9; t— iiiiainU aimi ailei (He Halile «f •tie ri»««i»*. 171. loM n«««e«l it)tt klM, J74' MmMMi. )«Imi Pi MMat «l «ie«e«l«. li lf«^ M|. \ 0t^ Sibley, Lieutenant, killed at Detroit, 300. Sibley, Solomon : first American set- tler in Michigan, 217; delegate to Assembly, 219 ; member of Council, 222 ; meeting with Lewis Cass, 218 ; Supreme Court Judge, 217,411 ; de- legate to Congress, 398. Sieges of Detroit, 81, 123-130. Silver, discovered on Lake Superior, 148. Simcoe, John Graves, Lieutenant Gov- ernor of Ujjper Canada, 193 ; suc- ceeds Rogers in command of Queen's Rangers, 194; builds fort on Mau- mee, 195 ; cajoles Hull, 270. Sinclair, Patrick, Lieutenant Governor, 178; at Mackinaw, 188; removes fort to Island ol Michilimackinac, />. Slavery, not to \vt extended, 539. Slaves, in (ianada and Michigan, 113, i04, 846. Smart, Rol)ert, 350, 356. Smith, Ihomas, ap|M>lnted clerk by Lord Donheslcr, 161 ; killed U Maumrr, ih. Smythe, Kichard, cavalry offlctr at IM* trdi, jai. Snelllni, Colonel Joeiah, of >!tn«f*t regiment, >97, , Jly. Morial life Itt l>e«r«ll, tot, til, ail, ••}. aM. 4*0. Selaf c«>in|>«M, \t^. HoMlh ^4 ei|nft, 11 !l|i««ng»»iu. •■< tuii»i,Miia«Me Hwtl'a ten>|-iM« HI '.I < ■ • . HtiM h rt«*Ma iMie, t<"> . **** ami'MMni <4 eoMier* In lUa^li lle«li ««. a/i^ 440 « IihIImw I•. l(Nii tws i i Ha ItoitM tat «n««Nlh«, «*! MIlM « ill Thames, Hattle ot the, 371. Thomas (or Tomaw), Menominie chiel, 373. 401-a. Tip|>ecan<>e, Hattle of, 260. Tobacco, exported Irom Detroit, 417. Toledo war, 447 Tonty, Chevallei Henry de, LaSalle's companion, )2 ; in Seneca cam- paign, 44. To'ity, Ihr younger, Commander al Detroit, No; graaplng and arrogant, «»7. Tmles, granleil land* in Canada, 194 To«rnahl|Mi, fliM wganUctI, 4IJ, Tiaiy, Mat(|Hls de, Vtcvftty, gAi Ma lia d by KnglUh, 41 1 U r ewaea, $%. if I aMMniMily al IMkuI, $J , uyn It*. m D w rn i. %$k •!•, til, TMMt, Hi IHMM, till ltf\ Ifli, Ifl INDEX 606 u University: founded, 385; reorgan- ized in 1832, 407; by Constitution of 1835, 481 ; law and medical de- partments, 532, 555 ; by Constitution of 1850, 543, 554. Upper F'eninKula, 526, 546, 554, 570. Van Burin, Martin, Judge Advocate on Hull's trial, 306. Van Home, Thomas B., major of Uhio Vaudreuil, Pierre de Kigaud, Marquis de, furtliers settlement of Detroit, 107. regiment, 274; at Battle of Browns- 1 Vincennes, Sieur de : gallant conduct, town, 287, 2K9. 82. Vaudreuil, Philip de Kigaud, Mar<|ui* 1 Vincennes, town anat on Whipping |m»i, 405. l^kt Krlc, .iv}> 400- Whippla, Conimudora, ail. Walklnlha-Walvi, Wyandot chltf, Whippla, Ma|of juhii, S)a ■*•• JJ*> .140. Mt-y Whipple, Jiii J••hl^ M Ut«f««l. •!• Wat !>( inia, ( ha|>a. XI. and XII. Wai l>«p«ftm*iii, I hap XI. /^mm. Waahlnglon '• «••«• tiA lh« IttfMttMol fMaiMn |MMla, IN^ WalM •■«*, IK* i>nlT •«*aa*ai (1, H. |A|i fMb laiK** HiiiUh iNiiiafy, ify. WhMa MtvM, Knglish l<> ha lia|i« Horn. 90, too, KH WMttMg. Oafi^f al IU«>v. wt, ^m, WltHnay. Cl»a•l•^ |>M* wMh Hwiilail ■Mi ««lM»« Hi aklflla «MI« (« M(tM< W^ IHBi^ 4HHBIB ^^Wv^i #f % 606 INDEX. Witherell, James, Territorial Judge, 345 ; Major of Legion, 3Q9 ; paroled, J04; Secretary of Territory, 417. \Voli:ott, Alexander, 401. Women admitted to Uiiiveriity, J57. Woodbridge, William, Secretary of Territory, 376; Judge ot Supreme Court, 4 1 7, 435; delegate to Cun- greM, 398; (iovernor, JI4, 536; Senalof, $15. $36. Woodward, Augustus B., Judge, Chaps. X., XI., XII. and XIII. patsim; le- gislated out of office, 411. Woolfolk, Captain, murdered at Frenchtuwn, 346. Wright, John, botanist, 4S8. Wyandot, (s*t Huron). Wyley, Ann, eifcuted by Dtjun, 167. Zmimkmmmii, David, Muravlait miMtunary, lit.