USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 9
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On the 29th of September (1813) the Americans again took possession of Detroit, and Colonel Lewis Cass was placed in command.
On the 9th of October, 1813, Colonel Cass was made governor of Michigan Territory, by appointment of the president.
Fort Mackinac .- In the mid-summer of 1814 an attempt was made to recover Mackinac island, still held by the British. Lieutenant Croghan was sent to effect the recapture, but delayed the attack so long that the English com- mander had an opportunity to strengthen his position and increase his force, and the expedition ended in failure. The island remained in the possession of the British until after the close of the war. The post was evacuated in the spring of 1815, and the fort was again occupied by American soldiers.
Condition of affairs .- At the beginning of his term of office, Governor Cass found a small population, confined to a few settlements on the eastern bor- der, while the great interior was not only an uninhabited, but an unknown wilderness.
Worse yet, it was often regarded as an impenetrable swamp, and people in the eastern states had no desire to gain a closer acquaintance with the country. Some of the civil engineers sent out by the United States govern- ment to survey lands for the bounty claims of soldiers, soon after the war of 1812, were responsible for false reports of this kind, which helped to injure the territory. Governor Cass took pains to correct these wrong impressions, made treaties with the Indians, and secured the cession of their lands to the United States government-always treating the natives fairly and honorably. After the necessary treaties had been made the lands were surveyed and opened for settlement.
Survey and sale of public lands .- The survey of public lands was begun in 1816, and two years later, had progressed sufficiently to permit the authorities to begin the sale. Farmers would not come in large numbers until there was
* Judge Campbell's "Outlines of the Political History of Michigan."
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AN OUTLINE HISTORY OF MICHIGAN
a chance to procure lands, and little growth or prosperity could be expected without the tillers of the soil. But with the settlement of the interior, which practically began in 1818, came substantial growth and prosperity.
The steamboat .- The first steamboat on the great lakes-the Walk-in-the- Water-reached Detroit in the summer of 1818. From that time forth, west- ward-bound settlers found fewer difficulties in coming to Michigan. For although the Walk-in-the-Water was wrecked in 1821, the Superior and other steamers soon took her place, and steam navigation contributed not a little to the commercial prosperity of the growing territory.
Public roads .- "Another matter of immediate and pressing importance was that of roads. Immigrants could not come into the territory in any consider- able numbers so long as they must find their way through the woods by trails, or by roads cut out but never worked, and which in a little while by use became nearly impassable."* Roads around the west end of Lake Erie to Detroit, and from the latter place to Chicago, and other highways of importance were built as soon as possible, through the energetic and wise management of Governor Cass and his efficient assistant, Secretary Wood- bridge.
The Erie canal .- The opening of the Erie canal, in 1825, was an event of great importance to Michigan.
Steamers and sailing craft became abundant on the lakes, and it was esti- mated that not less than 300 passengers a week were landed at Detriot during the fall of 1825.
Condition of territory in 1831 .- In 1831 General Cass accepted the office of secretary of war under President Jackson.
Close of territorial period. - Geo. B. Porter of Pennsylvania was then appointed governor of Michigan territory and Stevens T. Mason, secretary. As Governor Porter was absent a considerable portion of the time, the sec- retary was acting governor; and after the death of the chief executive in 1834, no change was made, and Mr. Mason continued to manage the duties of the office until the close of the territorial period.
1
Meanwhile the population of Michigan territory had reached and passed. the number fixed by the ordinance of 1787-60,000- as necessary to admis- sion as a state, and the people desired to be admitted into the Union.
The Toledo war .- About this time a dispute arose concerning the boundary between Michigan and Ohio. Careless management had admitted Ohio, in 1802, with an indefinite northern boundary. The act of 1805, organizing Michigan territory, fixed the boundary at a line running due east from the southern bend of Lake Michigan. This included Toledo and a considerable strip of land which Ohio tried to claim. In 1835 Governor Lucas of Ohio issued a proclamation assuming control, and the state legislature passed an act to organize the county of Lucas. Acting Governor Mason of Michigan territory called out the militia and proceeded to Toledo to prevent the Ohio officers from exercising control of the disputed land. Several shots were exchanged, but no blood was shed.
Anxious to settle the dispute without giving offense to Ohio and Indiana, congress endeavored to satisfy both parties by giving to Michigan the extensive territory known as the upper peninsula. Michigan reluctantly
* Judge Cooley's "Michigan."
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MICHIGAN MANUAL
accepted the terms, permitting Ohio to fix the boundary as it is shown on our maps, and herself acquired the title to the rich and valuable mineral districts of the Lake Superior region.
State conventions .- The first state convention for the adoption of a consti- tution was held at Detroit, May, 1835. An election for the adoption of the constitution, and for the election of state officers was held on the first Monday of the following October. The constitution was adopted by vote of the people, and Stevens T. Mason was elected governor, Edward Mundy, lieutenant governor, and Isaac E. Crary, representative in congress. The legislature met in November (1835), and elected John Norvell and Lucius Lyon United States senators for Michigan. Everything was ready for admis- sion into the Union, but the unfortunate boundery dispute with Ohio prevented the favorable action of congress at that time.
Finally, by an act approved January 26, 1837, Michigan became the twenty- sixth state of the Union.
MICHIGAN AS A STATE.
First constitution .- The state constitution under which Michigan was admit- ted into the federal Union contained peculiar features, which deserve brief mention. The secretary of state, auditor general and attorney general were appointed by the governor, with the advice and consent of the state senate. The superintendent of public instruction was appointed by the governor, with the advice and consent of the legislature, in joint vote. The governor and lieutenant governor were elected, and all state officers above mentioned were chosen for a term of two years, as at present. Judges of the supreme court were appointed by the governor, with the advice and consent of the senate, for a term of seven years.
The constitution contained the following provision, which had a consider- able influence on the early history of the state: "Internal improvements shall be encouraged by the government of this state; and it shall be the duty of the legislature, as soon as may be, to make provision by law for ascer- taining the proper objects of improvement in relation to roads, canals and navigable waters," etc.
Internal improvement scheme .- It so happened that the Hon. Stevens T. Mason, "the boy governor of Michigan," who was the first chief executive of the young state, was in hearty sympathy with the plan of internal improvements for which provision was made in the constitution. With his approval, the legislature speedily passed the necessary laws, and the scheme was put into execution. Arrangements were made to borrow five millions of dollars on bonds issued by the state, and Governor Mason was authorized to negotiate the loan.
Among the various internal improvements which were begun and carried on for several years by the state, two of the most important were the Mich- igan Central and Southern railroads .* The first named road was to begin at Detroit and extend to the mouth of the St. Joseph river on Lake Michigan. The second was to extend from Monroe to New Buffalo. After an experience
* In 1835-6.
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AN OUTLINE HISTORY OF MICHIGAN
of four or five years in prosecuting these enterprises, and others of lesser note, it became evident that it would be better for the state to dispose of the railroads to private corporations; and accordingly the Michigan Central and Southern railroads, which were only partially completed, were sold, in 1846, for the sum of two and a half millions of dollars. This was less than they had cost the state, but nevertheless the sale was considered a good bargain. Under the management of their new owners the roads were speedily pushed forward to completion, with some changes in the western portions of their routes.
"Wild-cat" banking .- When Michigan was admitted into the Union, there were fifteen banks doing business within her borders. But among other theories of that time was the notion that banking, like farming and store- keeping, should be free to all. Accordingly, in the spring of 1837, a general banking law was passed by the legislature. Under this act "any ten or more freeholders" might engage in banking with a capital of not less than fifty thousand nor more than three hundred thousand dollars. The provisions for the security of the public were loosely framed, and proved utterly worthless in practice. Among other things it was provided that thirty per cent of the entire capital should be paid in, in specie, before commencing business ; that debts and bills issued should be secured by mortgages on real estate, etc. The banks were subject to examination and supervision by commissioners. But all provisions of safety were successfully evaded. Banks were started by persons who were mere adventurers, alike destitute of capital and credit. When the bank commissioners started upon their rounds of inspection, bags of coin were secretly and swiftly carried by messengers from one bank to another, so that they were constantly deceived. The requisite amount of coin would be found in the vaults, the commissioners could discover nothing wrong, and the inspection was over. During the following night the coin would be spirited away to the next bank, and counted again as before. Meanwhile these fraudulent banks were issuing bills and getting them into circulation as fast as possible.
The year 1837 is memorable as the time of a great financial panic in the United States. In June of that year, the legislature of Michigan, in the hope of relieving the financial difficulties for the time being, passed a law authorizing the suspension of specie payment until May 16, 1838. But the general banking law remained in force, banks were organized, and bills were issued as fast as possible during the period of suspension.
Banks were located anywhere and everywhere. One was found flourishing in an old saw-mill; and it was humorously asserted that a "hollow stump, to serve as a vault," was all that was needed for a bank in those days.
The greater number of the "wild-cat" banks had, however, suspended operations by the end of the year 1839. But more than a million dollars of worthless bills had been put in circulation. In 1844 the general banking law was declared unconstitutional, and "wild-cat" banks caused no further trouble.
Education .- By the ordinance of 1787-creating the northwest territory- and subsequent legislation, congress made provision for the support of public schools in this part of the Union. The sixteenth section of every organized
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MICHIGAN MANUAL
township was set apart for the creation of a permanent school fund, of which the interest only is used from year to year. Since 1858, the "primary school fund," as it is called, has been increased by the addition of one-half of the yearly cash receipts from the sale of swamp lands belonging to the state.
After the state was admitted into the Union, one of the first steps of interest in this connection was the appointment of a superintendent of public instruction. Governor Mason selected for this important office the Rev. John D. Pierce, a congregational clergyman, who was engaged in missionary work among the pioneers of central Michigan.
Father Pierce-as the founder of the Michigan school system is reverently called-wished to place the primary school within the reach of every child in the state; and to establish a state university for the higher culture of advanced students.
The plan which was drawn up by Superintendent Pierce, and passed by act of the legislature in 1837, contained most of the essential features of the pre- sent school system. And when it is remembered that Father Pierce was the first state superintendent of public instruction in the United States, we are the better prepared to appreciate the wisdom and foresight of the founder of the Michigan schools.
Pioneers .- Most of the early settlers of interior Michigan came from New England, New York and Ohio. Some of them came from the birth-place of the "town-meeting," and they took an active interest in the wise and honest government of their adopted state. Intelligent and public spirited, but pru- dent as well, they were good and safe citizens.
The style of living was necessarily plain. For clothing, "cheap, coarse cloth answered the purpose, and the wives and daughters made it up for use. The pioneers could not be particular about other qualities of their cloth than those of wear and comfort, and nobody would criticise the style or the fit. Silk for the woman and broadcloth for the man were rare extrava- gances."*
The first houses were log cabins, and the food of the pioneers, like the clothing, was plain and substantial. Hard work was the order of the day.
Hospitality and genuine friendship are usual characteristics of pioneers, and the "pathfinders" of the Michigan wilderness were bright examples of the general rule. "If one had a barrel of flour it was divided with the others. No one was allowed to want forwhat another had."t
Mormons in Michigan .- In 1847, a colony of Mormons, under the leadership of James J. Strang, located on Beaver island. At first the Mormon colony consisted of only five families, but a system of vigorous proselyting increased their numbers to nearly two thousand persons within the few years of their stay on the island. But internal dissensions arose, and Strang was assassin- ated in 1856. Soon after the death of the leader, the colony was dispersed by an armed band of fishermen from the neighboring shores, and the Mor- mons were given only twenty-four hours to leave the place.
* Judge Cooley's "Michigan."
t Hon. Charles D. Little, in "Michigan Pioneer Collections."
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AN OUTLINE HISTORY OF MICHIGAN
Removal of capital .- From the time of Cadillac's occupancy of Fort Pont- chartrain (1701) until 1847, the seat of government was at Detroit, but in the latter year the legislature decided to locate the permanent capital of Mich- igan at Lansing-then covered by a dense forest, and forty miles distant from a railroad. The project was greeted with both ridicule and severe denunciation at first, but the decision was made and the location proved to be generally satisfactory.
Second constitution .- After an experience of more than a dozen years with the state constitution under which Michigan came into the Union, the people wished to make some changes in the supreme law of the commonwealth, and a convention for that purpose met at Lansing in June, 1850. After careful preparation, a new constitution was submitted to the people, by whom it was adopted.
Among other changes, the second constitution provided for the election, by the people, of all heads of state departments and judges of the supreme court.
Politics .- When Michigan was admitted into the Union, the democratic party was in power and the governor of the state was a member of that party. Dissatisfaction with the financial mismanagement of 1837 and 1838 caused a change in the political control of the state, which was secured by the whig party-headed by William Woodbridge-for a single term. From 1841 to 1854 the democrats were again in power. In the latter year the newly organized republican party elected its candidates, and with the excep- tion of two terms-1883-85, and 1891-93-has continued in political control of the state to the present time.
Michigan in civil war .- During the four years of the civil war, Michigan was fortunate in having Austin Blair as her chief executive. Every effort was made to lend all possible support to the United States government in its struggle for existence. Few states were more prompt, and none sent braver soldiers to the front. All told, Michigan furnished 93,700 men, of whom 14,855 died in the service of the nation.
Spanish-American war .- On April 23, 1898, President Mckinley issued his proclamation calling for 125,000 volunteers to engage in the war with Spain. Michigan's quota of this number was 4,104 to consist of four regiments of infantry of 1,026 officers and men each.
May 25, 1898, the president issued his second call for troops, of which Michi- gan's quota was one regiment of infantry of a maximum strength of 1,272 men and 47 officers.
The 33d and 34th Michigan formed part of the expedition under command - of General Shafter against Santiago.
The Michigan naval reserves, consisting of eleven officers and two hundred and seventy men, were detailed on the auxiliary cruiser Yosemite and saw service at Havana, Santiago, Guantanamo and San Juan de Puerto Rico.
The 31st regiment served at garrison duty two months and twelve days on Cuban soil.
The 32d and 35th Michigan regiments were quartered in southern camps, anxiously waiting orders to go the front, but the sudden termination of the war prevented them from seeing service on foreign soil.
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CONCLUSION. .
The first half century of state history has witnessed many wonderful changes. In 1837 the interior was sparsely settled, and the forests and prairies showed few signs of human industry. Wagon roads were scarce and poor, and there was no completed railroad. Postal arrangements were .exceedingly inconvenient, and correspondence was an expensive luxury. The population of the state was 174,467. Cities there were none. Schools, churches and newspapers were few, and the privations of pioneer life were many and severe.
Fifty years have changed the wilderness into more than a hundred thousand cultivated farms. Eight thousand miles of railroads afford good market and traveling facilities to the people of almost every county in the state. The census reports show a population of nearly two and one-half million people. Twelve thousand schools afford instruction to six hundred thousand pupils. Postal facilities have improved a hundred fold.
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THE LEGISLATURE
OF THE LEGISLATURE.
[ Act No. 3, Laws of 1873.]
AN ACT to provide for the payment of the officers and members of the legislature.
SECTION 1. The People of the State of Michigan enact, That there be and hereby is appropriated out of any money in the treasury to the credit of the general fund, a sum sufficient for the payment of the officers and members of the legislature for the present, and each session hereafter.
SEC. 2. From and after the first day of January, ninteen hundred one, the compensation of the president and members of the senate, and the speaker and members of the house of representatives, shall be three dollars per day each, for actual attendance, and when absent on account of sickness during the ses- sion of the legislature, and ten cents for every mile actually traveled in going to and returning from the place of meeting on the usually traveled route. Each member of the senate and house of representatives shall be entitled to receive five dollars for stationery and newspapers. The per diem com- pensation of the secretary of the senate shall be ten dollars; of the first assistant secretary, six dollars; of the second assistant secretary, six dollars; of the financial clerk and secretary's messenger, five dollars; of the proof reader, five dollars; of the sergeant-at-arms, five dollars; which compensa- tion shall be in full for all services performed during any regular or special session of the legislature, for which they are elected by the senate or appointed by a superior officer. The per diem compensation of the clerk of the house shall be ten dollars; of the journal clerk, seven dollars; of the bill clerk, six dollars; of the reading clerk, six dollars; of the financial clerk, six dollars; of the proof readers, six dollars; of the sergeant-at-arms, five dollars; which compensation shall be 'in full for all services performed during any regular or special session of the legislature for which they are elected by the house, or appointed by a superior officer. The per diem compensa- tion of the clerks employed with the consent of the senate or house of rep- resentatives, or by any standing or special committee with the consent of either of said houses, shall be three dollars each for actual attendance dur- ing the session; the per diem compensation of the janitors of the senate and house of representatives and their authorized assistants, the keeper of the cloak room and the keeper of the document room, and their authorized assistants, and of the postmaster of the legislature, shall be three dollars; and that of the messengers, two dollars for the time actually employed in attendance during the session; and all officers and employés of either house shall receive mileage at the rate of ten cents per mile for every mile actually traveled in coming to and returning from the capitol by the usually traveled route. [Am. 1901, Act 175.]
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MICHIGAN MANUAL
SEC. 3. Such sums as may be due under the provisions of this act, to the . secretary of the senate and the clerk of the house of representatives, shall be certified by the presiding officers of the respective houses, and counter- signed by the auditor general; and such sums as may be due the president of the senate and the speaker of the house of representatives shall be cer- tified by the secretary or clerk of the respective houses, and countersigned by the auditor general; and such sums as may be due to the members and other officers of either house, shall be certified by the secretary or clerk and the presiding officers of the respective houses, and countersigned by the auditor general; and the state treasurer, upon the presentation of any such certificate, countersigned as provided in this section, is hereby authorized and directed to pay the same.
Compensation .- The president of the senate and speaker of the house have the same compensation as members; and are not by virtue of their offices entitled to any additional per diem or mileage.
People v. Whittemore, 2 Mich. 306.
POWERS, PRIVILEGES, ETC.
(a) [Compiled Laws 1897, §§ 34-38.]
§ 34. SECTION 1. No officer of the senate or house of representatives, while in actual attendance upon the duties of his office, shall be liable to arrest on civil process.
See Const. Mich., Art. 4, Sec. 7. As to service upon an officer of process not requiring arrest, see Case v. Rohrbacher, 15 Mich. 537.
§ 35. SEC. 2. Each house may punish as a contempt, and by imprisonment, a breach of its privileges, or the privileges of its members, but only for one or more of the following offenses, to wit:
1. The offense of arresting a member or officer of the house or procuring such member or officer to be arrested, in violation of his privilege from arrest.
2. That of disorderly conduct in the immediate view of the house, and directly intending to interrupt its proceedings.
3. That of refusing to attend or be examined as a witness, either before the house or a committee, or before any person authorized by the house or, by a committee, to take testimony in legislative proceedings.
(a) Except as restricted by the constitution of the state and of the United States, the powers of the legislature to enact binding laws seem not to be limited. Scott v. Smart's Ex'rs, 1 Mich. 307; Williams v. Mayor, 2 Mich. 560; People v. Gallagher, 4 Mich. 244; Sears v. Cottrell, 5 Mich. 258.
But it cannot delegate the power of enacting general laws by submitting a general act to the determination of the people as to whether it shall become law or not. People v. Collins, 3 Mich. 343; see Shumway v. Bennett, 29 Mich. 451. Nor can it make valid retrospectively what it could not originally have authorized. Butler v. Supervisors, 26 Mich. 22.
The legislature has such judicial powers only as are incident and essential to the discharge of its legislative functions; as in determining upon the election and qualification of its members, and in punishing for contempts. In such cases its determinations are conclusive. F. & F. P. R. Co. v. Woodhull, 25 Mich. 104; People v. Mahaney, 13 Mich. 493. But it cannot exercise any of the judicial powers apportioned to any other department. It cannot dictate to the courts what their judgment shall be, or set them aside when rendered, or give new hearings. Butler v. Supervisors of Saginaw, 26 Mich. 27; Suther- land v. Governor, 29 Mich. 325; Cash's Appeal, 6 Mich. 193.
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