USA > Michigan > Gazetteer of the State of Michigan, in three parts with a succinct history of the State, from the earliest period to the present time with an appendix, containing the usual statistical tables, and a directory for emigrants, &c > Part 17
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Towards the close of '93, Gen. Anthony Wayne re-occu- pied the ground on which St. Clair was defeated, and built Fort Recovery. He then returned to Fort Jefferson, where he wintered with the main body of his army. July 4, 1794, he commenced his campaign against the Indians. He proceeded north, scouring the country on every side, and routing the enemy. He finally brought them to a de- cisive battle on the 20th of August. Ilis force was about 3,000 men-three-fourths of whom were regulars, and the remainder, mounted militia from Kentucky, under com- mand of Gen. Scott. The Indians are differently estimated at 2,000 and 3,000, but only 900 of the American force were engaged. His victory over them was complete. Af- ter this triumphant defeat, he took possession of the coun- try, which he secured by erecting and garrisoning all of the most important points. The campaign lasted three months, and terminated in humbling the insidious schemes and machinations of the British, and in the future peace of the frontier. Jay's treaty soon after followed, which ad- justed all difficulties with Great Britain, and the treaty of Greenville amicably settled all difficulties with the Indians.
In 1795, there was a scheme, set on foot by one Robert
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Randall, of Pennsylvania, and Charles Whiting, of Ver- mont, for obtaining of the United States, the pre-emption right of eighteen or twenty millions of acres, lying between Lakes Huron, Erie, and Michigan. They had, for this purpose, entered into an agreement with several fur traders, at Detroit, and had endeavored to enlist several members of Congress in their views. This tract of country was to be divided into forty-one shares, twenty-four of which were to be given to those members of Congress who should lend their aid in obtaining the requisite law. The sum pro- posed to be paid for this pre-emption right, was from half a million to a million dollars. The two persons mentioned were taken into custody of the House, for "an unwarrantable attempt to corrupt the integrity of its members." They were examined, and the latter was discharged; but Ran- dall received a reprimand from the Speaker, besides being obliged to pay the fees that had accrued in the case. Thus terminated what would have been, if executed, of the most serious consequence to the prosperity of Michigan.
In June, 1796, Capt. Porter entered and took possession of Detroit. Michigan, from this time, was included under the government of the North-Western Territory. Cincin- nati was the seat of government, though afterward, it was removed to Chillicothe. Arthur St. Clair was its governor.
The government under the dominion of the French was arbitrary ; being exercised by a " commandant" in whom was concentrated both the civil and military authority, within his precinct. Lands were held directly from the king. Tempora- ry or permanent undergrants were made by his governor-gen- eral, to which feodal rent was incident. The rules respect- ing devises, succession, and the marriage relation, and those regulating the rights of property, generally, were those of the French customary law, (coutume de Paris ) as far as applicable to the circumstances of the country. In 1810, their recognition was abandoned throughout the ter- ritory.
In coming into the possession of the United States, the ordinance of 1787 was extended over it. This ordinance has been much extolled for its wise provisions, and its au- thorship attributed to a distinguished jurist of a more il- lustrious State in the American confederacy .* This
* Hon. Nathan Dane, of Massachusetts.
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Magna Charta was declared irrevocable without the con- sent of those whom it governed, and provided for the es- tablishment of the most salutary laws. The executive pow- er was vested in a governor, the judicial in the judges, and the legislative in both united; all of whom were appointed by the general government. The legislature was restricted from originating any laws, or of adopting any except from the codes of the several States. Slavery was prohibited. This is a short provision, but one in which the rights, the happiness, and the morals of the North-Western States were more deeply concerned than in any other, and one, which if it had extended to a more southern latitude, might have averted a multitude of evils to that section of the Union.
This was the first grade of government. Whenever the Territory should contain 5,000 free white males, of full age, the people, at their pleasure, might choose a legisla- tive body from among themselves, and the General Assem- bly were authorized to elect a delegate to Congress. But the people were liable to pay the expenses accruing from this new order of things. This was the second grade of government. Whenever the Territory should attain a population of 60,000, it was entitled to be admitted into the American Union: . These, of many, are some of the leading features of the Ordinance of 1787.
In 1798, the North-Western Territory assumed the second grade of government, and the county of Wayne, then co- extensive with the Peninsula, sent one representative to the General Assembly, at Chillicothe. Bills of credit were now issued to defray the public expenses. Indiana was erected into a separate Territory in 1800, and in 1802, Ohio was admitted as a State into the confederacy, and the Peninsula was annexed to Indiana.
In 1805, the Territory of Michigan was constituted, and the provisions of the Ordinance of 1787, became its funda- mental law. On the 11th of June, 1805, Detroit was en- entirely consumed by fire. On the 1st of July, the govern- ment of the Territory was organized at Detroit by Gen. William Hull, its first Governor, who proceeded immedi- ately to lay out Detroit according to its present plan. In 1804, a Land Office was established at Detroit.
In 1807, Gov. Hull held a treaty with the Pottowattomies,
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Ottawas, Wyandotts, and Chippewas, who ceded to the United States a tract of country, bounded south by the Maumee bay and river, west by the present principal me- ridian, and north-west by a line running south-west from White Rock, cutting the said meridian at a point where an east and west line, from the outlet of Lake Huron, in- tersects the same. On the 6th May, 1812, Congress passed a law for the survey and location in the Territory, two million acres of the public lands, intended for bounty lands, to the soldiers of the then impending war. But, in 1816, the law was repealed, and the lands were located in Illinois and Arkansas. If we consider how the progress of settlement and improvement has been retarded, in the former State, by this location in some of her best lands, Michigan can never have cause to regret, that the unfavor- able aspect of her soil, had averted a very great evil from her borders.
June 18th, 1812, Congress declared war against Great Britain. The first shock fell upon Michigan. The igno- minious capitulation of Detroit by Gen. Hull, and the immense loss of property incident to the disasters of war, and the riotous pillage of ruthless savages and a wanton sol- diery, are facts, too fresh in the minds of the present gener- ation to require minute detail. "A sketch, however, of the principal events of the war, as far as they directly affected this Territory, may not be uninteresting to the general reader. Previous to the close of 1811, there had been peace with the Indian tribes on the western borders. Hostilities now commenced, and indubitable evidence was then and afterward exhibited, to show that they had been instigated to them by the British.
A "Shawnese prophet," the brother of the celebrated Tecumseh, was another principal instigator among the In- dian tribes. Gen. Harrison, then Governor of Indiana, with a small force, entered his territory, and, on the 6th November, 1811, an engagement took place at Tippecanoe, thh principal village, in which he entirely defeated him, and laid waste the town. Gen. Hull was in Ohio, on receiving intelligence of the declaration of war. He directed his course to Detroit, with one regiment of regulars and three regiments of Ohio volunteers. After a tedious march of thir- ty-five days, in which they were harrassed by the British and
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Indians, he arrived at Detroit. On the 12th July, he crossed the strait, and took possession of the Canadian shore. Here he remained inactive, until the 8th of Au- gust. In the mean time, a force of British and Indians, having had a more early intelligence of the declaration of war, appeared before the post of Mackinac, which was sur- rendered on honorable terms. The summons to sur- render, was the first information received of hostilities. Without effecting any thing of importance, Gen. Hull, on the 9th of August, re-crossed the strait, and abandoned Canada.
About the same time, Col. Miller, with a detachment of 600 men, attacked the enemy at Monguagon, and entirely defeated them. On the 14th August, Gen. Brock arrived at Fort Malden, with a re-enforcement, and, on the 15th, he appeared at Sandwich, and summoned Gen. Hull to surren- der. He was answered in the negative, and a cannonade was immediately commenced upon Detroit, which was re- turned with effect. On the 16th, Gen. Brock crossed the strait with his army, at Spring Wells, three miles below Detroit, without opposition. He marched directly up the strait, toward the fort, without resistance. A ne- gotiation soon commenced between the two commanders, and terminated with the surrender of the army and the Territory of Michigan to the British general, to the morti- fication and bitterest indignation of the American troops; who were impatiently waiting orders of attack upon the enemy. The force of Gen. Brock is said to have been only "1400," while that of Gen. Hull was "1800."*
The conduct of Gen. Hull met with universal reproba- tion throughout the Union. The popular belief, then was, and still continues to be, against his integrity in this transaction ; but a better opinion seems to pre- vail, that his conduct was owing to imbecility of mind-" a want of decision and energy."+
During the fall and winter of this year, Gen. Harrison collected an army, and made preparations for the relief of
* Flint's Indian Wars.
t The best account of this campaign is to be found in the Histor- ical Sketches of Michigan, in a discourse delivered before the Histor- ical Society, by Maj. Henry Whiting.
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Michigan. He marched to Sandusky, and detached Gen. Winchester to the Maumee. Gen. Winchester reached Frenchtown, on the river Raisin, Jan. 19th, 1813, with a force of 1,000 men, and encamped on the right bank of the strait. He was attacked, on the 22d, by British and In- dians, amounting to 2,000 men, the former commanded by Gen. Proctor, and the latter by the chiefs Roundhead and Splitlog. The Americans made a brave resistance. Un- fortunately, Gen. Winchester was taken prisoner, and his troops, for want of proper direction, fell into confusion, and were defeated with considerable loss.
Gen. Proctor received the surrender of the detachment, consisting of 35 officers and 487 non-commissioned officers and privates ; composed of young men of the first respect- ability, from Ohio and Kentucky, upon the express condi- tion of protection from the Indians. But this infamous leader was more imbued with the sentiments of his savage allies, than with the dictates of civilized and honorable warfare, or respect to his own character. Disregarding his promise, he marched immediately for Fort Malden, leaving the wounded Americans without guard. The con- sequence was, the Indians commenced an indiscriminate slaughter upon the wounded and captive prisoners. They were dragged from their houses, killed, and scalped in the street, and their bodies, horribly mangled, left exposed in the highways. Some of the buildings were set on fire, and their inmates forced into the flames, as they attempted to escape. This event is known by the Battle at Frenchtown, or "the Massacre at the river Raisin."
On the 10th September, Com. Perry, who commanded the American squadron on Lake Erie, met the British fleet, of a superior force, and gained a complete victory. Gen. Harrison was soon after joined by Gov. Shelby, and with their forces united, sailed for Fort Malden, which they oc- cupied on the 28th September ; Gen. Brock having evacu- ated it, and retreated in anticipation of the movement. De- troit was vacated on the 29th.
Gen. Harrison followed in pursuit of the British army, to the Moravian villages, situated on the banks of the Thames. The enemy's force consisted of 600 regulars, commanded by Gen. Brock, and 1,000 Indians, led by the noted chief Tecumseh. The engagement took place be-
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tween the belligerents, on the 5th October. Tecumseh, the principal reliance of the Indians, was killed, the Brit- ish army signally defeated; and nearly all taken prisoners. In July, 1814, an attempt was made to recover the post at Mackinac, but it failed of success. An armistice was con- cluded with the Indians, October 18th, by which the future peace of the Territory was secured. By commission of the President, dated October 29th, 1813, Gen. Lewis Cass, of Ohio, who was last in command of the fort at Detroit, was appointed Governor of the Territory, which office he continued to hold with distinguished ability, till his appoint- ment of Secretary of War, in 1831. October 5th, 1814, William Woodbridge, of Ohio, was appointed Secretary of the Territory. Mr. Woodbridge continued to hold this office till 1828, when he was succeeded by James Wither- ell. This was a very important office, and the faithful dis- charge of its duties by Mr. Woodbridge, is manifested by inspection of the executive record kept during that period.
The wholesome administration of Gov. Cass forms a new era in the history of Michigan. The first public land surveys were commenced in 1816 and '17, and, in 1818, they were, by proclamation of the President, brought into market for public sale. From this period, the prosperity of Michigan may date its commencement. By act of Con- gress, passed in 1819, the Territory was authorized to send a delegate to that body, and the right of suffrage, in this case, extended to all taxable citizens. In 1818, all the territory lying north of the present States of Illinois and Indiana, was annexed to Michigan. In 1819, a treaty was held with the Chippewas of Saginaw, by which, the United States received a cession of all the lands lying east of a line commencing at a point nearly. west of Detroit, and sixty miles west of the principal meridian, and running from thence to the head of Thunder Bay, and from thence, with the Thunder Bay river, to its mouth. In 1821, all that portion of the Peninsula, lying west of this line, and the western boundary line of the cession of 1807, extending north to Grand river, was ceded to the United States. The next and last cession was made in 1836, and embraced the remainder of the Peninsula, and so much of the Upper
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Peninsula, as lies east of the Chocolate river of Lake Su- perior, and the Skonawba river of Green Bay.
In 1823, an essential change was made in the form of the territorial government. This alteration was made by an act of Congress, which abolished the legislative power of the Governor and judges, and transferred the same, with en- larged powers, to a council, consisting of nine persons, selected by the President of the United States, from eight- een chosen by the electors of the Territory. The judicial office was limited to a term of four years. By an act of Congress, passed February 5th, 1825, the legislative coun- cil was increased to thirteen members, selected by the Pres- ident, from twenty-six elected by the qualified electors of the Territory, and by his nomination, appointed by and with the advice and consent of the senate. By an act, ap- proved January, 1827, the electors were authorized to choose, directly, thirteen representatives, who were to con- stitute the legislative council, without the farther sanction of either the President or Congress.
In 1828 James Witherell entered upon the duties of the office of Secretary of the Territory. In July, 1830, he was succeeded by the appointment of Gen. John T. Mason, of Kentucky. In July, 1831, Gen. Geo. B. Porter, of Penn- sylvania, was appointed governor, and Stevens T. Mason secretary. Gov. Porter entered upon the duties of his office the 22d September following.
Some indications of Indian hostilities had existed for several years, but war did not commence till the summer of '32. This was known as the Black Hawk war, and was confined in its effects more to that part of Michigan (now constituting the territory of Wisconsin,) than to the Penin- sula. July 6th, 1834, the office of governor became vacant by the decease of Gov. Porter. But by provision of law for the government of the territory in case of the death, removal, resignation, or necessary absence of the governor, the secretary of the territory was required to execute the powers and perform all the duties of governor during the vacancy. The functions of the office consequently devolved upon the secretary, Mr. Mason.
By the authority of an act of the legislative council passed the 6th September, 1834, a census was taken and the number of free white inhabitants in the prescribed lim-
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its of Michigan was found to be 87,273. By the ordinance of '87 and subsequent acts of Congress conferring the ben- efits contained in its provisions, upon this territory, Michi- gan was entitled to be admitted into the Union as a State so soon as her free white population numbered 60,000 .- Congress having delayed the necessary steps toward this consummation, the preliminaries were commenced by the territory by the enumeration before mentioned. By an act of the council, passed January 26, 1835, a convention was authorized to be held at Detroit on the second Monday of May following, to be composed of eighty-nine delegates elected by the people on the 4th of April, 1835. The con- vention met upon the day specified and continued in session till the 24th of June. The most important act of this con- vention was the formation of the present constitution of the State.
The proceedings of Ohio and Michigan during the spring, summer and autumn of 1835, in their attempts forcibly to sustain their respective claims to disputed territory, are so recent, and were so universally notorious at the time, as to require but a bare allusion to in this place. It is sufficient to state, that the two parties by their respective legislatures, with decided unanimity, not only laid claim to it, but, without waiting the arbitration of the higher authorities, clothed their respective executives with power, the one to sustain, and the other to extend jurisdiction over the terri- tory in dispute. Demonstrations by military force were made upon the southern boundary by Governors Mason and Lucas, and as might have been expected, a high state of excited public feeling preceded and followed. The most serious inconvenience, however, suffered by either party, was the apprehension and temporary imprisonment of a few persons. Some, who were called from their respective oc- cupations to sustain the laws of the state, viewed with indig- nation the indiscretion of the parties : while, by others, of both parties, the scene is remembered more as a romantic pastime-a martial array, displayed with all 'the pomp,' if not ' the circumstance of glorious war.'
In fact it seems difficult to conceive of two sister States seriously going to war upon a point legitimately subject to peaceable settlement by one of the branches of the general government. As means of pacifying the precipitant hostili-
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ties of the belligerents, Messrs. Richard Rush and Benja- min C. Howard had been appointed by the president media- tors between the parties, but with less beneficial results than was anticipated.
To give a brief statement of the case touching this dis- puted territory, and likewise to give a connected view of the history of legislation upon the subject by congress, it becomes necessary in the following sketch to recapitulate some of the events previously recited in this article.
The line claimed by Michigan as her rightful southern boundary, extends due east from the southern extreme of Lake Michigan to, and through Lake Erie, to the western line of Pennsylvania. That portion of country north of this line, within the present jurisdiction of Indiana, is ten miles in width, bounded west by Lake Michigan, east by the western boundary line of Ohio, north by an east and west line 105 miles long, and on the south by an east and west line about 130 miles long. The tract is estimated to contain about 1160 square miles, or upwards of thirty entire townships. That portion (the western tract) within the present jurisdiction of Ohio, north of the disputed line, is bounded east by Lake Erie, west by the eastern boundary of Indiana, north by that part of a line (known as Harris' line) about seventy-two miles in length, running from the southern extreme of Lake Michigan to the northern Cape of the Maumee Bay, and which is east of Indiana; and on the south by the line (known as Fulton's line) about ninety miles long, being the east and west line claimed by Michi- gan. The greatest width of this tract on the east is nearly seven miles, and on the west about five miles, containing about 468 square miles, or thirteen townships.
The eastern tract claimed by Michigan as falling within her original boundary, as defined by the ordinance of '87, but within the present jurisdiction of Ohio, lies in the north eastern part of the State of Ohio, bounded east by the wes- tern boundary line of Pennsylvania, north by Lake Erie, and south by the aforesaid line running due east from the southern extreme of Lake Michigan. It includes the greater portion of Ashtabula county, the northern part of Geauga, and a small portion of Cuyahoga county, supposed to cover an extent of ten or eleven hundred square miles, or perhaps the amount of thirty townships .*
* This estimate upon the extent of the eastern tract is to be regarded
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The eastern tract has always been under the jurisdiction of Ohio ; the western tract has ever been under the jurisdic- tion of Michigan until wrested from her by Ohio, sanctioned by the odious and illegal act of Congress of June 15th, 1836. The tract lying within the present jurisdiction of Indiana, was under the jurisdiction of Michigan from 1805 to 1816, when by another illegal act of Congress it was assigned to Indiana.
The excellence of the western tract, together with the importance of being in possession of the valuable harbors of the bay, and the outlet of the most important river of the lake, had a tendency to increase the warmth of conten- tion between Ohio and Michigan, to a degree, greater per- haps, than might have been expected under other circum- stances.
The origin of this dispute was not dissimilar to the caus- es which produced the several State and colonial conten- tions for boundary among the original States of the con- federacy, all of which arose either from ignorance of local geography, the unappreciated importance of the incipient colony, or an unpardonable disregard to the sacredness of vested rights. The crown did not seem to consider that a right once granted was so far aliened as to divest itself of all power over its future resumption and disposition, al- though consonant with natural law and with the common law of England. At least, such is the natural inference from a simple view of the acts of the crown in disposing of the possessions held in America. In consequence of these loose notions or inadvertence to rights once given, grants and chartered rights were conferred upon one company, and at a succeeding day, the same territory was included in the charter of another. Hence ensued contentions and con- flicting jurisdictions.
The condition and territorial relation of Michigan much resembled that of the ancient colonies. The thirteen origi- nal States having succeeded to the possessions of the crown
only as approximate, being made from a map exhibiting merely thetown- ships-a sectional map not being at hand. If the line known as Harris' line, running from the southern extreme of Lake Michigan to the north- ern Cape of the Maumee Bay were continued eastward in the same direction, it is supposed that it would cut off from the north-east corner of Ohio about 324 square miles, or the amount of nine townships.
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in America, proceeded to make disposition of the same in the creation of similar establishments for their government ; but with the light of all former painful experience, it is not a little surprising that with respect to Michigan, the same error should be committed by Congress, in assigning terri- torial limits, especially as a territory is destined eventually "to hold rank with the States of the confederacy. It would seem that some of the laws touching this territory were passed under the erroneous apprehension that Michigan was not a regularly organized territory ; that she was not a person artificial in law, but a wild, vacant possession, with- out any rights, and subject to any disposition Congress might deem fit to make of it.
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