USA > Michigan > History of Michigan, civil and topographical, in a compendious form; with a view of the surrounding lakes > Part 16
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HISTORY OF MICHIGAN.
discharged, while Randall received a public reprimand, and was obliged to pay the fees which had accrued in the trial of his cause .*
During the year 1794, Detroit and French Town were the principal settlements on the eastern side of the peninsula of Michigan. Detroit was included in pickets, and was a ge- neral depot of the fur trade. The population was comprised of Scotch, French, and English merchants, all connected with the trade, beside the military force which was there sta- tioned. The goods used in this traffic were transported in canoes from Quebec ; and bills of credit, for small sums, were permitted to be issued by the merchants, payable annually at Quebec or Montreal, on the condition of their giving security in double the amount of their value.
French Town consisted only of a few log cabins, inhabited by the French bordering both banks of the River Raisin, and with the surrounding land enclosed with pickets. The first American settler was established at that place in 1793, and a Catholic chapel was soon erected for the accommoda. tion of the French. A narrow path ran along the bank, and bordered the French plantations. Two Indian villages, that of the Ottawas and Pottawatamies, formerly occupied that point ; while that of the Hurons was established at Browns- town. A depot of the fur trade for the North-western Com- pany, for a long period it was made the concentrating point for the surrounding Indians, who were constantly repairing to the village in order to exchange their furs for blankets, red cloth, silver ornaments, arms and ammunition. It is a some- what singular fact that money was refused by the traders for goods, and the Frenchmen were required to bring in produce in exchange for them, which was transported to the Upper Lakes for the use of the fur companies.
This most decisive campaign of Gen. Wayne disheartened the savages, as well as the British Government. Their hordes soon dispersed, and the treaty of Greenville, made in August, 1795, terminated for a time the troubles of the frou-
* Discourse of Henry Whiting before the Historical Society of Michigan.
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SURRENDER OF THE POSTS.
tier. The posts of Mackinaw and Detroit were evacuated after the wells of the latter station had been filled with stones, the windows broken, the gates of the fort locked, and tlie keys deposited with an aged negro, in whose possession they were afterwards found. These were, however, soon garrison- ed by detachments from Wayne's army, and in 1796 Captain Porter first raised the American banner upon the soil of Mi- chigan.
We have thus traced, in a brief way, the condition of Mi- chigan under the French, and its transfer to the British Go- vernment ; and now a new power sprang up on the land. The succession of its changes shows us the mortality of empires as well as of men. They rise before us like the pageantry of a theatre ; scene after scene opens upon us with all the array of human passions, the curtain falls, they sink from our sight, and another is now spread out under the auspices of a Republic.
CHAPTER X.
Condition of Michigan after the surrender of the posts-The Territory of Mi- chigan erected-Gen. Hull appointed Governor -- Detroit destroyed by fire -- Administration of the Law -- Indian Confederation upon the Lakes under Tecumseh-Speech of Le Marquoit-Speech of Walk in the Water and other Wyandots -- Memorial from Michigan to the General Government -- Population in 1811 -- Hostility of the Savages -- Land Office established-In- dian Treaties -- Operations on the Wabash.
MICHIGAN having been surrendered to the United States, in common with the other portions of the north-western ter- ritory, it came immediately under the jurisdiction of the or- dinance of 1787. At that period it was populated chiefly by the French and English, and their sparse settlements were confined to the banks of the principal streams, and to the military establishments and trading posts along the Lakes. But few American settlers had at that time emigrated from the east, excepting those belonging to the forts. The land itself, the basis of controversy between the savages and the United States, removed from the more densely populated parts of the country, presented but few of the means and motives for emigration and settlement ; and that vigorous enterprise, which is now acting on the soil under the influ- ence of well-organized institutions, was then unknown.
But the jealousy which existed on the part of the English at the rich conquest which had been effected by American arms, soon tended to sow discord among the Indian tribes. The argument which was urged for that object, was the same which had been used against the English by the French, namely, that it was the design of the American Government to overrun the country and drive the Indians from their land. There is little connected with the progress of the country like that which belongs to densely settled states. There are no records of growth, agriculture, and navigation. Roads had not been constructed, cities had not been built. The
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TERRITORY OF MICHIGAN ERECTED.
greater part of its domain was " fresh, untouched, unbounded, magnificent wilderness," excepting the little clearings around the villages, the scattered French settlements, the trading posts and the forts ; a battle ground of rival and zealous powers, grasping at the dominion of the country. The first governor of the north-western territory, as we have before remarked, was Arthur St. Clair, who was therefore the first American magistrate under which Michigan was placed. 'This part of the north-western territory was, however, the mere outskirt of that wide extent of jurisdiction, the central point of whose government was first at Marietta and af- terwards at Cincinnati. The population was so sparse, that there was no effective policy here organized. In the year 1798, the north-western territory assumed the second grade of territorial government ; and the territory of Michigan, as afterwards established, comprised a single county of that territory, the County of Wayne. It then sent one represen- tative to the general assembly of the north-western territory, which was held at Chilicothe, and this was the first election made in Michigan under the American Government. A court of Common Pleas was established, and the general court of the north-western territory was sometimes held at Detroit. In 1802 the peninsular portion was annexed to the territory of Indiana, by the act of Congress which authorized the erection into a State of that part of the north-western terri- tory which constitutes Ohio. The people, military in their habitudes of mind, had neither means nor the inclination to devote themselves to agriculture ; and the commercial opera- tions of the settlers were mainly confined to the fur trade .*
On the 11th of January, 1805, Michigan was erected into a separate territory by act of Congress. The government was
* The first fourteen American emigrants, who settled in the territory after the surrender of the posts in 1796, were,
Solomon Sibley, Christian Clemens, James Henry, Col. Hunt.
John Whipple, James Chittenden, Elijah Brush, Augustus Langdon,
Dr. Brown, Benjamin Chittenden, H. B. Brevoort, Major Whistler,
William Russell, Doct. M. Crosky.
Journal of Legislative Council, Sept. 7. 1829.
22
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HISTORY OF MICHIGAN.
ordained to be established on the plan which had been pre- scribed by the ordinance of 1787. The legislative power was to be vested in the governor and judges, who were au- thorized to adopt and publish its laws from the codes of the original States ; and William Hull was appointed governor of this territory, and also Indian agent, which was then embo- died in the office of executive magistrate. This appointment was made under the administration of Jefferson. On the second Tuesday in July, 1805, the oaths of office were administered to 'the several officers of the territory, and on that day Michi- gan commenced its governmental operations. This was, how- ever, done under unfavorable circumstances. On the morn- ing of the 11th of June, the Town of Detroit had been des- troyed by fire. It then covered only two acres of ground. The buildings were closely compacted, with narrow streets of only fourteen or fifteen feet wide ; and, as a matter of defence against the Indians, the village was environed with strong and solid pickets. The houses being so closely built, and comprised of combustible materials, were soon swept away by the conflagration ; and when the officers of the govern- ment arrived, they found the body of the people encamped housely on the public grounds within the vicinity of the town, while some had taken refuge in the neighboring coun- try on both banks of the Detroit River. Some houses had, however, been re-erected on the old site, and it was made the object of the new government to direct the attention of Congress to the distressed condition of the people. Courts were organized. A judicial system was established, and the territorial militia was disciplined and brought into the field. The attention of Congress was also called to the land claims which were made by the settlers, founded on occupancy, or grants under the French and English Governments. On October 10th, 1805, a report was made of the affairs of the territory and forwarded to Congress, and in May, 1806, the first code of laws was adopted and published for the territory of Michigan, which was called the "Woodward Code." This code was signed by Governor Hull, and Augustus B. Woodward and Frederick Bates, the judges of the territory.
171
-
TERRITORY OF MICHIGAN ERECTED.
The bounds of the territorial government embraced all that country on the American side of the Detroit River east of a north and south line drawn through the centre of Lake Michigan.
The records of the court of Common Pleas of Wayne County, Detroit, in the north-western territory, in 1788, ex- hibit singular facts, which denote a crude and ill-organized frame of jurisprudence.
On Saturday, the 10th of December, the court was opened by proclamation of the governor, and the commission of the judges and other officers was read, namely, Louis Beaufait, Esq., senior justice ; James May, Charles Gerardin, Patrick McNiff, Nathaniel Williams, Esq., justices associates ; George M'Dougall, Esq., sheriff. The verdict given at these courts was frequently that the defendant shall give to the plaintiff - day's work, without any other pay than his victuals ; and another verdict of the jurors was, that the plaintiff was to re- ceive his wood at the landing.
During the March term of the Common Pleas in 1799, Judges Louis Beaufait, James May, and Charles Gerardin being present in the case of James Abbot & Sons :
David vs. Powers, (Attorney) exception was taken to the proceedings of the court by the attorney for defendant, on the ground that the court was under duresse. Detroit was at that time garrisoned, and Lieutenant Col. Strong, then commandant of the fort, had placed a centinel at the door. The court was then held in a private house. The court, it is alleged, were very much hurt at the fact; and a letter was addressed to the acting commandant, requesting that the centinel might be removed. This letter, however, was returned unanswered. After a long consultation, ex- amination, and arguments as to the fact of what constituted duresse, what door might be considered the court-house door, and the measure of restraint which the centinel had upon the minds of the judges, certain formal questions were pro- pounded to the attorney then acting for the county of Wayne, by the justices of the Court of Common Pleas of the
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HISTORY OF MICHIGAN.
county of Wayne, on which he was required to give an an- swer.
1. Do you know by what authority the sentinel is placed at the back door of the house where the court is now sitting ?
2. Do you consider this being placed there an obstruction to justice being administered ?
3. Are the judges of the court liable to indictment for holding the court in this house while the sentinel stands there ; and do you consider it as under duresse ?
4. Do you consider that the causes which are determined in this court, while the sentinel stands there, will be legal ?
Answer to the first question, That the sentinel is placed at the door of M. Dodemead by Lieut. Col. Strong, command- ing the U. S. regiment at the post of Detroit, in order to pre- vent all soldiers and followers of the U. S. army subject to military law from entering the house to purchase liquor.
As to the second question, it was determined that the sen- tinel was placed at the door of M. Dodemeads, and not at the door of the court-house.
As to the third question, it was answered that duresse was a matter which divided its into two parts. First, duresse ; and second, the consequences attending thereon. First, du- resse is a matter of law, so far as to judge what is duresse and what not. Should the fact exist that the court held its ses- sion under duresse, they would undoubtedly be subject to in- dictment on information, and punished by the general court therefor.
Answer to the fourth question. The town of Detroit has long been a garrisoned town, with sentinels placed at the se- veral gates thereof. There have been divers courts held therein within the lines of sentinels. To give an opinion upon the last question, would, in my humble opinion, call in question the legality of the proceedings of all courts held in this place .* Before I gave an opinion of such magnitude to
* Among other things atttached, as appears of record in the June term of the Court of Common Pleas in 1800, are the following :- the property of Isaac Williams, 1 sword, 16 scalping knives, 1 silver-mounted whip, 4 volumes Black- stone, 4 volumes Burn's Justice, 1 Bailey's Breeches, 1 barrel spirits, 2 silk
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COURT UNDER THE N. W. TERRITORY.
the interests of the citizens of the County of Wayne, I must obtain further information, both from the law as well as the gentlemen of the bar .*
To the Hon. Court of Common
Pleas of the County of Wayne. S
In order to provide for those who had suffered from the conflagration of Detroit, Congress passed an act in 1806, au- thorizing the governor and judges of the territory of Michigan to lay out a town, including the old town of Detroit and ten thousand acres of the adjoining land, with the exception of the tract to be reserved for military purposes. It also autho- rized any three of them to hear and adjust claims to any lots therein, and to grant deeds of lots not exceeding five thou- sand square feet, to all those, or their representatives, over seven- teen years of age, who owned or inhabited any dwelling-house in Detroit when it was burned ; and who did not, at that time, own or profess allegiance to any foreign State. All the land remaining after such claims were satisfied, was to be sold by the governor and judges, and the proceeds to be devoted to the erection of a new court-house and jail. A that period, however, the population was scarce; and was comprised mainly of the English and French, and the few emigrants who had hazarded the dangers of the wilderness in the em- ployment of the government, or connected with the military posts. The country languished because there was little mo- tive for emigration from the eastern States. The Indian title to the soil had not been generally extinguished, and no land was brought into market. There was, in consequence, little inducement for emigrants to remove from the eastern States to forests inhabited by savage enemies, and provided with but weak defences.
The territory of Michigan had been scarcly erected, and
gowns, 1 silk petticoat, 1 full riding dress, green superfine cloth, 19 Indian shirts, 18 bunches of beads, 3 deer-horn handle scalping-knives, red satin cloak, capote, Dutch oven, 4 pr. white corduroy breeches, 24 raccoon skins, 8 fox and cat, 10 deer skins, 10 bears and two cubs, 3 muskrats, and a pledge by Catherine Hewson for 18 dollars, consisting of four shrouds, 13 pr. of leggins, 1 shirt, one silk handkerchief, 1 pr. gaiters, 1 pr. moccasins, and 11 hogs.
* See Records of the court of the north-western territory.
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HISTORY OF MICHIGAN.
American institutions organized within its bounds, when a new calamity broke out in another quarter. The Indian title had been extinguished only to a small portion of the soil, and the Indians who occupied and claimed the greater part of the country were dissatisfied at the inroads which were made by the Americans on their lands. They claimed that the trea- ties which had been effected with the American government were conducted on unfair grounds, when the savages were intoxicated ; that they were deluded in the construction of these treaties ; and that they had not the consent of all the tribes. The agents of the British Government, especially those in the employ of the North-west Company, were also active in fomenting the jealousies of the Indians against the United States. It was doubtless the policy of the English to wrest the country from the hands of the Americans, in order to secure to themselves the advantages of the territory. For the purpose of exciting the prejudices of the Indians, the English traders were active in sowing the seeds of discontent among their tribes ; and British agents in disguise were despatched to the remotest tribes of the forest to secure their co-operation against the United States. Doubtless the spirit of land job- bing existed to a great extent, and this furnished good ground for action. It was a point insisted on by the Indians that they should have the undisturbed control of the north-western lands, without surrendering the right of pre-emption to the United States.
The British were not wanting in savage agents to carry out their projects ; and at this juncture, Tecumseh, or the Tiger crouching for his prey, and Ellshwatawa, or the Prophet, the twin brother of Tecumseh, sprang forward into prominence. The subordinate chiefs were Myeerah, or Walk in the Water, Round Head, and Blue Jacket. Tecumseh was a warrior of the Shawanese tribe, without any hereditary claim to distinc- tion, a seceder from the legitimate authority of his nation, the builder up of his own fortune. Although equally energetic and determined, and a more desperate warrior, he had not the imperial and overbearing grandeur of Pontiac. He was an open and avowed hater of the Americans, and was deter-
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MICHIGAN A TERRITORY.
mined in his opposition to the advance of this nation on the Indian domains ; and perhaps urged by the English to orga- nize a general confederacy against the United States, he adopt- ed the same arguments for that object which had before been used by Pontiac. The Prophet was to be the first mover of this expedition, which was directed to unite in a general con- federacy all the Indians of the north-west, against the progress of American settlements. For that object, the same superstition which had been used to prevent Jacques Cartier from ascend- ing the St. Lawrence, and by Pontiac, in 1763, against the British, was called in aid of this work. As early as 1806 the Prophet, like Pontiac, commenced his project. It was affirmed that he had had a dream, in which he had seen the Great Spirit, and that he was made his agent on earth. That he had been directed to inform the Indians to throw away the arts of civilization, and to resume the ancient customs of their ancestors. He alleged that the Americans had driven the Indians from the sea-coast, and wished to push them into the lakes ; that they were to take a stand where they were, and drive them to the other side of the Alleghany Mountains War belts were circulated along the whole chain of tribes on the north-western lakes, to induce them to join in this great Indian confederation. Knowing the strong influence which hereditary rank possesses with the Indians, it was also affirmed that the Shawanese were the oldest tribe on earth ; and that all men, both Indians and English, sprung from them.
As early as 1807 the efforts to organize this confederacy on the lakes had been commenced, and the fame of the Shawanese Prophet spread like the wind through the tribes of the north-west. The decline of the Indian power was con- sidered, the advance of the American settlements was disput- ed, and the minds of the Anglo-savage portion of the Indians was excited to desperate action. Agents were despatched from the head-quarters of the Shawanese to the Lake Indians with messages and belts of wampum. On the 4th of May of that year, Le Marquois or The 'Trout, an Indian warrior, de- livered the subjoined speech in council at Maiouitonong, near the entrance of Lake Superior, which purported to be the first
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HISTORY OF MICHIGAN.
. speech from the first man whom God had created, to all the Indian tribes said to be in the Shawanese country.
Speech of Le Marquois.
"I am the father of the English, of the French, of the Spaniards, and of the Indians ; I created the first man, who was the common father of all these people, as well as your- selves ; and it is through him whom I have awaked from his long sleep that I now address you. But the Americans I did not make. They are not my children, but the children of the Evil Spirit. They grew from the scum of the great water when it was troubled by the Evil Spirit, and the froth was driven into the woods by a strong east wind. They are nu- merous ; but I hate them. My children, you must not speak of this talk to the Whites; it must be hidden from them. I am now on the earth, sent by the Great Spirit to instruct you. Each village must send me two or more principal chiefs, to represent you, that you may be taught. The bearer of this talk must point out to you the path to my wigwams ; I could not come myself to L'Arbre Croche, because the world is changed from what it was. It is broken and leans down; and as it declines, the Chippewas and all beyond will fall off and die. Therefore you must come to see me, and be instructed. Those villages which do not listen to this talk, and send me two deputies, will be cut off from the face of the earth."*
This speech was sent by the prophet, and a deputation of the Ottawas was dispatched to convey messages and wampum along the shores of Lake Superior. By the instigation of the Prophet a vast body of the Indians from the shores of the lakes crowded to the Prophet's station ; and it is estimated that about eight hundred. left the shores of Lake Superior for that quarter, one third of whom died on their way from want and hardship. The comet which appeared in 1811 was made use of by the Prophet to advance his own views, and to ripen the savages for the last great struggle which they were to make-the war against the Americans.
The subjoined speech of the principal chiefs and warriors
* American State Papers.
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MICHIGAN A TERRITORY.
of the Wyandots, which was delivered to Gen. Hull on the 30th of September, 1809, exhibits the dissatisfaction of the Indians at the execution of the former treaties.
" To His Excellency, Governor Hull.
" FATHER : Listen to the speech of you children, the Wy- andots, delivered by their chiefs and warriors, in which they let you know their sentiments.
"FATHER, listen : for we speak to you now, to let you know the sentiments of our minds. We thought the land we resided upon was our own ; formerly our old chiefs, who are now dead and gone, made a great promise to the Great Spirit above that they never would move from the land we, their children, now live upon and occupy. Father, listen. You informed us that the land we occupy belonged to you. At the treaty of Greenville, made with our father, General Wayne, he promised to us the land on which we live; and for that reason we never will consent to give up talking upon this sub- ject. Father, listen ; you will remember that some of our principal chiefs went last fall to visit our great father, the President of the United States. Our chiefs were very sorry that they could not get an opportunity to talk with our great father, the President of the United States, personally.
" Father, listen : When you arrived at this place among your children, you always gave your children good advice to cultivate the land. Your children of the Wyandot tribe of Indians have followed you advice to their great benefit and satisfaction. Father, we were astonished when you told us that there was a small tract of land at Brownstown and Monguagon for our use for fifty years, and a vacancy in the middle between the two villages.
" Father, listen to what your children, the Wyandots, say. This small tract of land is entirely too small for us. What will become of our children that are now growing up ? Father, listen ; you have cut off from us the best part of our land. Your children, the principal chiefs, the old warriors, head warriors, with some of our sensible young men of the Wyandot nation, request you to grant them the following fa-
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