USA > Michigan > Saginaw County > History of Saginaw County, Michigan; historical, commercial, biographical, Volume I > Part 7
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At this council the American commissioners were Gen. Cass and Judge Sibley, of Detroit. They were successful in their undertaking, and obtained a cession of the land in question. On this occasion the Indians exhibited in a remarkable manner their
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appetite for whisky. As a preliminary step to the negotiations, the commissioners ordered that no spirits should be given to the Indians. The chief of the latter was a man about a hundred years old, but still of a good constitution. The commissioners urged every consideration to convince him and the other Indians of the propriety of the course they had adopted, but in vain. "Father," said the old chieftain, " we do not care for the land, nor the money, nor the goods: what we want is whisky; give us whisky." Bnt the commissioners were inexorable, and the Indians were forced to content themselves.
This year (1821) also two Indians were hung for murder. There was some fear that the event would be made by the British an occasion of arousing Indian atrocities in the vicinity, and the peti- tion for the pardon of the wretches was considered by Gov. Cass with a great deal of embarrassment. He finally concluded to let the law take its course, and accordingly, Dec. 25, the murderers were hung.
In 1822 six new counties were created, namely, Lapeer, Sanilac, Saginaw, Shiawassee, Washtenaw and Lenawee; and they contained much more territory then they do at the present day. This year the first stage line was established in the Territory, connecting the county seat of Macomb county with the steamer " Walk-in-the- Water " at Detroit.
In 1823 Congress changed the form of Territorial government, abrogating the legislative power of the governor and judges and establishing a " Legislative Council," to consist of nine members, appointed by the President of the United States out of 18 candi- dates elected by the people. By the same act the term of judicial office was limited to four years, and eligibility to office was made to require the same qualifications as the right to suffrage. The peo- ple now took new interest in their government, and felt encouraged to lay deeper the fonndations of future prosperity. The first legislative council under the new regime met at Detroit June 7, 1824, when Gov. Cass delivered his message, reviewing the progress of the Territory, calling attention to the needs of popular education and recommending a policy of governmental administration. Dnr- ing this year he also called the attention of the general Government to the mineral resources of the Superior region, and asked for gov- ernmental explorations therein. At its second session after this, Congress authorized a commission to treat with the Indians of the upper peninsula for permission to explore that country.
In 1825 the Erie canal was completed from the Hudson river to Buffalo, N. Y., and the effect was to increase materially the flow of people and wealth into the young Territory of Michigan. The citi- zens of the East began to learn the truth concerning the agricult- ural valne of this peninsula, and those in search of good and permanent homes came to see for themselves, and afterward came with their friends or families to remain as industrious residents, to develop a powerful State. The number in the Territorial council
MICH. ENG. CO
EASTERN ASYLUM FOR THE INSANE, AT PONTIAC.
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was increased to 13, to be chosen by the President from 26 persons elected by the people. In 1827 an act was passed authorizing the electors to choose their electors directly, without the further sanc- tion of either the President or Congress. The power of enacting laws was given to the council, subject, however, to the approval of Congress and the veto of the Governor. This form of Territorial government remained in force nntil Michigan was organized as a State in 1837. William Woodbridge was Secretary of the Territory during the administration of Gov. Cass, and deserves great credit for the ability with which he performed the duties of his office. In the absence of the chief executive he was acting governor, and a portion of the time he represented the Territory as a delegate to Congress. In 1828 he was succeeded by James Witherell, and in two years by Gen. John T. Mason.
In 1831 Gen. Cass was appointed Secretary of War in the cabi- net of President Jackson, after having served Michigan as its chief executive for 18 years. He had been appointed six times, running through the presidency of Madison, Monroe and John Q. Adams, without any opposing candidate or a single vote against him in the senate. He faithfully discharged his duties as Indian commissioner and concluded 19 treaties with the Indians, acquiring large cessions of territory in Ohio, Indiana, Illinois, Wisconsin and Michigan. He was a practical patriot of whom the people of the peninsular State justly feel proud. Probably more than any other man, Gen. Cass was the father of Michigan.
GEN. GEO. B. PORTER'S ADMINISTRATION.
On the promotion of Gen. Cass to a seat in the cabinet of Presi- dent Jackson and his conseqnent resignation as Governor of Michi- gan, Gen. Geo. B. Porter was appointed Governor in July, 1831, and Sept. 22 following he entered upon the duties of the office. The population of the Territory. at this time was about 35,000, pros- perity was reigning all around and peace everywhere prevailed, except that in 1832 the Black Hawk war took place in Illinois, but did not affect this peninsula. In this war, however, Gov. Porter co-operated with other States in furnishing militia.
While Gov. Porter was the chief executive, Wisconsin was de- tached from Michigan and erected into a separate Territory; many new townships were organized and wagon roads opened and im- proved; land began to rise rapidly in value, and speculators imultiplied. The council provided for the establishment and regu- lation of common schools,incorporated "The Lake Michigan Steam- boat Company," with a capital of $40,000; and incorporated the first railroad company in Michigan, the "Detroit & St. Joseph Railroad Company," since called the " Michigan Central." The original corporators were, John Biddle, John R. Williams, Charles Larned, E. P. Hastings, Oliver Newberry, De Garmo James, James Abbott, John Gilbert, Abel Millington, Job Gorton, Jolın Allen,
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Anson Brown, Samuel W. Dexter, W. E. Perrine, Win. A. Thomp -. son, Isaac Crary. O. W. Colden, Caleb Eldred, Cyrus Lovell, Calvin Brittain and Talman Wheeler. The act of incorporation required that the road should be completed within 30 years; this condition was complied with in less than one-third of that time. The same council also incorporated the "Bank of the River Raisin," with a branch at Pontiac. ' Previous to this two other banks had been chartered, namely : the " Bank of Michigan," in 1817, with a branch at Bronson, and the " Farmers' and Mechanics' Bank of Michigan," with a branch at St. Joseph.
The Legislative Council of 1834 also authorized a vote of the : residents to be taken on the question of organizing as a State and becoming a member of the Union; but the vote was so light and the majority so small that Congress neglected to consider the inatter seriously until two years afterward.
During Porter's administration a change was made in the method of disposing of the public lands, greatly to the benefit of the actual settlers. Prior to 1820 the Government price of land was $2 an acre, one-fourth to be paid down and the remainder in three annual installments; and the land was subject to forfeiture if these payments were not promptly made. This system having .. been found.productive of many serions evils, the price of land was put at $1.25 an acre, all to be paid at the time of purchase. This . change saved a deal of trouble.
During the administration of Gov. Porter occurred the "Black Hawk" war, mainly in Illinois, in 1832, which did not affect , Michigan to any appreciable extent, except to raise sundry fears by the usual alarms accompanying war gossip. A few volunteers probably went to the scene of action from this Territory, but if any systematic account was ever kept of this service, we fail to find it.
In October, 1831, Edwin Jerome left Detroit with a surveying i party composed of Jolin Mullet, surveyor, and Utter, Brink and . Peck, for that portion of Michigan Territory lying west of Lake Michigan, now Wisconsin. Their outfit consisted of a French pony team and a buffalo wagon to carry tent, camp equipage, blankets, etc. Most of the way to the southeast corner of Lake Michigan they followed a wagon track or an Indian trail, and a cabin or an Indian lint to lodge in at night; but west of the point mentioned they found neither road nor inhabitant. They arrived at Chicago in a terrible rain and " put-up" at the fort. This far- famed city at that time had but five or six houses, and they were built of logs. Within a distance of three or four miles of the fort the land was valued by its owners at 50 cents an acre.
After 23 days' weary travel through an uninhabited country, fording and swimming streams and exposed to much rainy weather, they arrived at Galena, where they commenced their survey, but in. two days the ground froze so deep that further work was abandoned until the next spring. The day after the memorable Stillman bat- tle with Black Hawk, while the Mullet party were crossing the
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Blue mounds, they met an Indian half-chief, who had just arrived from the Menominee camps with the details of the battle. He stated the slain to be three Indians and 11 whites. The long shak- ing of hands and the extreme cordiality of this Indian alarmed Mullet for the safety of his party, but he locked the secret in his own heart until the next day. They had just completed a town corner when Mullet, raising himself to his full height, said, " Boys, I'm going in; I'll not risk my scalp for a few paltry shillings." This laconic speech was an electric shock to the whole company. Mr. Jerome, in describing his own sensations, said that the hair of his head then became as porcupine quills, raising his hat in the air and himself from the ground; and the top of his head became as sore as a boil.
July 6, 1834, Gov. Porter died, and the administration devolved upon the secretary of the Territory, Stevens T. Mason, during whose time occurred
THE " TOLEDO WAR."
This difficulty was inaugurated by a conflict of the acts of Con- gress from time to time, made either carelessly or in ignorance of the geography of the West and of the language of former public acts. Michigan claimed as her southern boundary a line running from the extreme southern point of Lake Michigan directly east to Lake Erie, which would include Toledo, an important point, as it was the principal terminus of the proposed Wabash & Erie canal. This claim was made by virtue of clauses in the ordinance of 1787. Ohio, on the other hand, claimed that the ordinance had been superseded by the Constitution of the United States, and that Congress liad the right to regulate the boundary; also, that the constitution of that State, which had been accepted by Congress, described a line different from that claimed by Michigan. Mr. Woodbridge, the delegate from Michigan, ably opposed in Congress the claim of Ohio, and the committee on public lands decided unanimously in favor of this State; but in the hurry of business no action was taken by Congress and the question remained open.
The claim of Michigan was based principally upon the follow- ing points: The ordinance of 1787 declares the acts therein con- tained " articles of compact between the original States and the people and States in said Territory (northwest of the river Ohio), and forever to remain unalterable, unless by common consent." This ordinance defines the Territory to include all that region lying north and northwest of the Ohio and east of the Mississippi rivers. In the fifth article it is provided that there shall be formed not less than three nor more than five States within its limits. The bound- aries of the three States are defined so as to include the whole Ter- ritory; conditioned, however, that if it should be found expedient by Congress to form the one or two more States mentioned, Con- gress is authorized to alter boundaries of the three States " so as
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to form one or two States in that part of the said Territory which lies north of the east and west line drawn through the southerly bend or extreme of Lake Michigan."
In 1802 Congress enabled the people of Ohio to form a constitu- tion, and in that act the boundary of that State is declared to be " on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid from the mouth of the Great Miami, until it shall intersect Lake Erie, or the Territorial line, and thence with the same through Lake Erie to the Pennsylvania line." The con- stitution of Ohio adopted the same line, with this condition: " Provided always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south that a line drawn due east from it should not intersect Lake Erie; or, if it should intersect Lake Erie east of the month of the Miami river, then in that case, with the assent of Congress, the northern boundary of this State shall be established by and extend to a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami bay, after intersecting the dne north line from the mouth of the Great Miami, as aforesaid, thence northeast of the Territorial line, and by said Territorial line to the Pennsylvania line."
Congress did not act upon this proviso until 1805, and during this interval it seems that Ohio herself did not regard it as a part of her accepted constitution.
Again, this section of the act of 1802 provides that all that part of the Territory lying north of this east and west line "shall be attached to and make a part of the Indiana Territory." Still again, the act of 1805, entitled "an act to divide the Indiana Ter- ritory into separate governments," erects Michigan to a separate Territory, and defines the southern boundary to be " a line drawn east from the southerly bend or extreme of Lake Michigan until it intersects Lake Erie."
The strip of territory in dispute is about five miles wide at the west end and eight miles at the east end. The line claimed by Mich- igan was known as the " Fulton line," and that claimed by Ohio was known as the " Harris line," from the names of the surveyors. This territory was valuable for its rich farming land, but its chief value was deemed to consist at that time in its harbor on the Mau- mee river, where now stands the city of Toledo, and which was the eastern terminus of the proposed Wabash & Erie canal. This place was originally called Swan creek, afterward Port Lawrence, then Vistula and finally Toledo. The early settlers generally acknowledged their allegiance to Michigan; but when the canal became a possibility, and its termination at Toledo being dependent upon the contingency whether or not it was in Ohio, many of the inhabitants became desirous of being included within the latter State. Then disputes grew more violent and the Legislatures of the
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respective commonwealths led off in the figlit. In February, 1835, the Legislature of Ohio passed an act extending the jurisdiction of the State over the territory in question, directed local elections to be held and a re-survey to be made of the Harris line. Per contra, Gov. Mason urgedthe Legislative Council of Michigan to take active measures to counteract the proceedings of the Ohio Legislature ; and accordingly that body passed an act making it a criminal offense for any one to attempt to exercise any official functions within the jurisdiction of Michigan without authority from the Territory or the general Government. March 9, 1835, Gov. Mason ordered Gen. Brown to hold the Michigan militia in readiness to meet the enemy in the field in case an attempt was made by the agents of Ohio to carry out the provisions of the Legislature of that State. On the 31st Gov. Lucas, of Ohio, arrived at Perrysburg with his commis- sioners, on his way to re-survey the Harris line. He was accom- panied by a militia of about 600 men. In the meantime Gov. Mason mustered about 1,200 men, with Gen. Brown commanding, and was in possession of Toledo. In a few days two commissioners arrived from Washington on a mission of peace, and remonstrated with Gov. Lucas. After several conferences with the two Gover- nors they submitted propositions of a temporary nature, virtually giving the disputed territory to Ohio until the following session of Congress, to which Gov. Lucas assented, but Gov. Mason did not. President Jackson asked the opinion of the attorney general, Mr. Butler, who replied in favor of Michigan; notwithstanding, Gov. Lucas proceeded to order his men to commence the survey, but as they were passing through Lenawee county the under-sheriff there arrested a portion of the party, while the rest ran away like Indi- ans, aud spread an exaggerated report of actual war. This being corrected by an amusing official report of the under-sheriff, Gov. Lucas called an extra session of the Ohio Legislature, which passed an act " to prevent the forcible abduction of the citizens of Ohio!" It also adopted-measures to organize the county of " Lucas," with Toledo as the county-seat, and to carry into effect the laws of the State over the disputed territory.
In the meantime the Michigan people in and about Toledo busied themselves in arresting Ohio emissaries who undertook to force the laws of their State upou Michigan Territory, while Ohio partisans feebly attempted to retaliate. An amusing instance is related of the arrest of one Major Stickney. He and his whole family fought valiantly, but were at length overcome by numbers. The Major had to be tied on a horse before he would ride with the Michigan posse to jail. An attempt was then made to arrest a son of the Major called " Two Stickney," when a serious struggle followed and the officer was stabbed with a knife. The blood flowed pretty freely, but the wound did not prove dangerous. This was probably the only blood shed during the " war." The officer let go his hold and Stickney fled to Ohio. He was indicted by the grand jury of Mon- roe county, and a requisition was made on the Governor of Ohio
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for his rendition, but the Governor refused to give him up. An account of this affair reaching the ears of the President, he recom- mended that Gov. Mason interpose no obstacle to the re-survey of the Harris line; but the Governor refusing to abide by the " recom- mendation," the President superseded him by the appointment of Charles Shaler, of Pennsylvania, as his successor. He also advised Gov. Lucas to refrain from exercising any jurisdiction over the dis- puted territory until Congress should convene and act upon the matter. This was humiliating to that Governor, and he resolved to assert the dignity of his State in Toledo in some manner. He hit upon the plan of ordering a session of court to be held there, with a regiment of militia for the protection of the judges. Accord- ingly the judges met on Sunday afternoon, Sept. 6, at Maumee, a few miles from Toledo. Some time during the evening a scout sent out by the colonel returned from Toledo and reported that 1,200 men, under command of Gen. Brown, were in Toledo ready to demolish court, soldiers and all; but this report turned out to be false. During the scare, however, the judges hesitated to proceed to Toledo, and the colonel of the regiment npbraided them for their cowardice, and proposed to escort them with his militia during the dead of night to a certain school-house in Toledo, where they might go through the form of holding court a few minutes in safety. About three o'clock Monday morning they arrived at the desig- nated place and " held court " about two minutes and then fled for . dear life back to Maumee! Thus was the "honor and dignity " of the great State of Ohio " vindicated over all her enemies !"
ADMINISTRATION OF GOV. HORNER.
It appears that Mr. Shaler did not accept the governorship of Michigan, and John S. Horner, of Virginia, was soon afterward appointed secretary and Acting Governor. He proved to be rather unpopular with the people of Michigan, and the following May he was appointed secretary of Wisconsin Territory. He carried on a lengthy correspondence with Gov. Lucas, which resulted in a dis- continuance of all the suits that had grown out of the Toledo war except the demand for Two Stickney. Gov. Lucas persisted in refus- ing to deliver him up; but it seems that finally no serious trouble came of the affair.
The first Monday in October, 1835, the people of Michigan ratified the constitution and by the same vote elected a full set of State officers. Stevens T. Mason was elected Governor, Edward Mundy, Lieutenant-Governor, and Isaac E. Crary, Represenative in Congress. The first Legislature under the constitution was held at Detroit, the capital, on the first Monday in November, and John Norvell and Lucius Lyon were elected U. S. Senators. A regular election was also held underthe Territorial law for delegate to Con- gress, and Geo. W. Jones, of Wisconsin, received the certificate of election, although it is said that Wm. Woodbridge received the high-
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est number of votes. John S. Horner, the Territorial Governor, was still in office here, and this singular mixture of Territorial and State government continued until the following June, when Con- gress formally admitted Michigan into the Union as a State and Horner was sent to Wisconsin, as before noted. This act of Congress conditioned that the celebrated strip of territory over which the quarrel had been so violent and protracted, should be given to Ohio, and that Michigan miglit liave as a compensation the upper peninsula. That section of country was then known only as a barren waste, containing some copper, no one knew how much. Of course this decision by Congress was unsatisfactory to the peo- ple of this State. This was the third excision of territory fromn Michigan, other clippings having been made in 1802 and 1816. In the former year more than a thousand square miles was given to Ohio, and in the latter year nearly 1,200 square miles was given to Indiana. Accordingly, Gov. Mason convened the Legislature July 11, 1836, to act on the proposition of Congress. The vote stood 21 for acceptance and 28 for rejection. Three delegates were appointed to repair to Washington, to co-operate with the representatives there for the general interest of the State: but before Congress was brought to final action on the matter, other conventions were held in the State to hasten a decision. An informal one held at Anu Arbor Dec. 14 unanimously decided to accept the proposition of Congress and let the disputed strip of territory go to Ohio, and thereupon Jan. 26, 1837, Michigan was admitted into the Union on an equal footing with the original States.
MICHIGAN AS A STATE.
A State! This word contains avast amount of meaning. Before a community becomes a State, there is comparatively a dead level of homogeneity, the history of which consists simply of a record of independent or disconnected events, as Indian wars, migration, etc .; but when a people so far advance in civilization that they must organize, like the plant and animal kingdoms, they must assume " organs," having functions; and the more civilized and dense tlie population, the more numerous and complicated these organs must become,-to use the language of modern biology, the more the organism must " differentiate."
Correspondingly, the history of Michigan, up to its organization as a State, like that of all our Territories, is almost a disconnected series of events; but on assuming the character of a State, its organs and functions multiply, becoming all the while more and more dependent upon one another. To follow up the history of the State, therefore, with the same proportional fullness as we do its Territorial epoch, would swell the work to scores or hundreds of volumes; for the compiler would be obliged to devote at first a volume to one feature, say the educational, and then soon divide his subject into the various departments of the educational work of
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the State, devoting a volnine to each, and then subdivide, taking each local institution by itself, and subdivide still farther, and so on ad infinitum, devoting a volume to each movement in the career of every institution.
As it is therefore impracticable to preserve the proportion of history to the end, the writer is obliged to generalize more and inore as he approaches the termination of any selected epoch in the progress of a growing organism. Accordingly, from this point onward in the history of Michigan, we will treat the subject mat- ter mainly by topics, commencing with an outline of the several gubernatorial administrations.
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