USA > Michigan > Outlines of the political history of Michigan > Part 16
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Small cases were left to be disposed of by justices of the peace, and the Supreme Court was vested with exclusive original jurisdiction over land cases and capital criminal cases, and concurrent
241
CHAP. X.] COURT DISTRICTS. LOTTERIES.
jurisdiction over other civil controversies involving more than two hundred (afterwards five hundred) dollars, with appellate power generally. The in- termediate jurisdiction was vested in district courts presided over by one of the judges. Three dis- tricts were created by the Governor in the first instance, called the Districts of Erie, Detroit and Huron; the District of Erie comprehending the River Raisin country from Ohio northward to the Huron River, and the Detroit and Huron Districts, which were temporarily thrown into one, extending to Lake Huron. A fourth district was created which extended to Mackinaw.
One of the earliest acts provided for raising by four successive lotteries the sum of twenty thousand dollars, for the encouragement of litera- ture and the improvement of the city of Detroit. This act, passed on the 9th of September, 1805, is the first official recognition of its existence as a city. Doubtless the Chief Justice had already drawn in imagination the curious plan which his sanguine fancy, looking forward seven or eight centuries, saw filled out with the completest city ever devised. Less than half a century saw more than threefold its space completely built, but the symmetrical scheme was not as fair in other eyes as in his own. Colonel McKenney, in his "Tour to the Lakes," aptly described it as representing a spider's web with all its lines arranged with reference to a principal centre. The affection of its author for this device was extreme, and his 16
242
MILITIA.
[CHAP. X.
pride in it excessive; and much of the trouble that afterwards arose, and had its influence on the peace of the Territory, came from the want of respect among his colleagues for this darling child of his genius, which was shorn of its fair propor- tions and dislocated.
The Governor took immediate steps to enroll the militia. Francis Chabert de Joncaire, Judge Woodward, Elijah Brush and John Anderson, were commissioned colonels, with other officers subordi- nate. The act adopted for their government gave the Governor power to call them out whenever he chose, and his ill-advised course concerning them was a source of trouble. He appears (as well as some of his subordinates) to have had very high views of military prerogative in time of peace ; and the attempt to enforce the same nicety of clothing and equipment customary in the regular service, led to insubordination on the one hand and anger on the other, which did not raise him in popular esteem. But this trouble was not im- mediate.
The appropriation bills show that a temporary shelter, called a "bower," was built for the court. The grand jury, when the court first met, pre- sented the subject of land titles as requiring im- mediate attention. No government lands were in market, and the unsettled condition of private es- tates was an effectual hindrance to prosperity. Until the commissioners reported, no one felt any assurance of title, and their report showed that
243
CHAP. X. | LAND TITLES.
there were only six good farm titles in the Ter- ritory. The Governor and Chief Justice both went to Washington, and obtained favorable legis- lation. April 21st, 1806, the Governor and Judges were authorized by Congress to lay out a town, including the old town of Detroit and ten thous- and acres adjacent, to settle all private claims for lots, and to convey a lot of fifty feet by one hun- dred to every person over seventeen years old owning or inhabiting a house at the time of the fire. The remaining land was to be sold to build a court house and jail. Both of these were built many years thereafter, and the court house became the Territorial and State Capitol, until the seat of government was removed to Lansing. It was then devoted to the purposes of a union school, and is now, with additions, the Detroit High School.
On the 3d of March, 1807, an act of Congress was passed granting to each person, or the grantees or heirs of each person, who possessed and occupied lands on the first day of July, 1796, a title to such lands, not exceeding six hundred and forty acres in each tract. Subsequent laws were from time to time passed giving additional grants and pre-emptions to such persons, and in Macki- naw and the remoter districts fixing the date of possession at July first, 1812. Most of these claims had already been presented to the Land Commissioners for allowance, as held under color of British, French and Indian titles. The lands
244
BANK OF DETROIT.
[CMAP. X.
outside of Detroit were not managed by the Governor and Judges. After providing for all these cases there were adjacent lands extending back about three miles further from Detroit River, which might have been put into the market, but were not, as the surveys were postponed.
Much discord arose in the meetings of the Governor and Judges, in their new functions as a land-board for Detroit lands. They are of no interest as matters of history, except as explain- ing how the various Territorial functionaries be- came embroiled, so as not only to prevent proper legislation, but also to impair confidence in all of them.
Another transaction was not without bitter fruits. Early in 1806, Russel Sturges and other Boston capitalists made arrangements to organize a bank in Detroit, with a capital of $400,000, a very large sum in those days. It was designed to be used in connection with their fur-trade. Their petition to the Governor and Judges was dated early in the spring, and they not only appointed their cashier, but built their bank, before they received their charter, which was given in September, 1806. Judge Woodward was made President of the bank, which began operations, and issued bills. The act creating it was dis- approved by Congress, in March, 1807, and gave rise to very severe attacks on the Governor and Judges. Judge Woodward was threatened with impeachment for this and other misconduct, and
245
DISCORDS IN THE BOARD.
CHAP. X.]
Governor Hull's re-nomination in 1808 was op- posed, but unsuccessfully. On the 23d of April, 1808, Judge Witherell was appointed judge to succeed Judge Bates. It appears that after Bates' departure, Woodward and Griffin had everything their own way, and paid no attention to the Gov- ernor, who was left in a hopeless minority; and that they used their power with some insolence and malice. Judge Witherell was as firm as Woodward, but much more quiet in his ways. His coming gave the Governor the support he needed, as well as the suggestions of a more masculine intellect, and the tables were turned. Henceforth, upon the question of the plan and various other matters of difference, the absence of any one of the four sometimes led to hostile legislation by the opposing majority present.
The bank, in spite of the action of Congress, continued to do business. In September, 1808, when Judge Woodward was absent in Washington, Judge Witherell introduced and passed, against Griffin's opposition, a criminal bill of various pains and penalties, which, among other things, punished unauthorized banking. This ended the Bank of Detroit, but was never forgiven by Judge Wood- ward, who, as long as he remained on the bench, was never on pleasant terms with Judge With- erell, and they never exchanged words, if they could avoid it, except officially.
Much feeling is said to have been roused by the course of Woodward in 1806, concerning cer-
246
SLAVES.
[CHAP. X.
tain persons convicted of kidnapping. Some Brit- ish deserters were captured in Detroit by British officers, aided by one or more American officers, and the offenders were tried by jury and sentenced to fine and imprisonment. Some days thereafter Woodward changed the punishment to a nominal fine of a few cents. Why this was done does not appear. He was not a man of British sym- pathies, and on a subsequent occasion, many years later, expressed himself in favor of a heavier pun- ishment for such cases than his brethren assent- ed to.
In 1807 a very curious case arose concerning slavery. Mrs. Catharine Tucker was required, upon habeas corpus, to answer for the detention of Elizabeth and Scipio Denison, persons of color, and she justified on the ground that they were held as slaves at the time of the surrender of the post in 1796, and were assured to her under Jay's Treaty, in spite of the provision against slavery in the ordinance of 1787. Judge Wood- ward gave the matter a very elaborate examina- tion, and wrote a full opinion sustaining her right. The case was decided on the 23d of September. A few days after, application was made for the arrest and delivery of some Pawnee and mulatto slaves who had escaped from their masters, Mr. Pattinson and Matthew Elliott, who resided in Canada. In this case the decision was emphatic that there was no obligation to give up fugitives from a foreign jurisdiction. Thereupon Lisette
247
CHAP. X.] INDIAN TREATY.
and Scipio went over the river into Canada, where the same doctrines were enforced, and took refuge with Mr. Askin; and they were for a time employed in the family of Angus Mackin- tosh. They subsequently came back and were never molested,-remaining with Colonel Brush, Judge Sibley and Major Biddle, most of their lives. Lisette accumulated some property. The attempt to obtain Mr. Elliott's servants led to a disturbance. His agent was tarred and feath- ered, and himself treated with some indignity.
During the year 1807, Governor Hull held a council at Detroit with the Ottawas, Chippewas, Wyandots and Potawatamies, and a treaty was signed on the 17th day of November, whereby they ceded to the United States (excepting some small reserves) the country in the southeast part of the Territory, bounded west by the prin- cipal meridian, which is about seventy-five miles west of Detroit River, running as far up as the latitude of the present Fort Gratiot, and thence northeast to White Rock in Lake Huron. This tract coincides very nearly with the land pur- chased from the Indians and sold by Schiefflin and others to Smith in 1797. By this cession a large region was opened and made subject to survey and sale; but the surveys were postponed, and there was no more land to be bought after the treaty than before.
No doubt a chief reason for not hastening the surveys and sales of lands was found in the fear
248
DETROIT FORTIFIED.
[CHAP. X.
of Indian troubles. In memorials sent to protest against Hull's reappointment in 1808, he is charged with timidity, and exciting groundless alarms con- cerning Indian attacks, and with using undignified means to conciliate individual Indians who should have been punished. It is difficult now to know how much he was censurable for these alarms, but their open expression was not prudent. They were not then, though they were soon after, shared by others. A timid bearing has always encouraged hostilities from whites and Indians both ; and Gov- ernor Hull's conduct is generally regarded, during his administration, as characterized by alternate fits of activity and vacillation, not traceable altogether to want of courage so much as to infirmity of purpose. He at any rate must have convinced the War Department of the correctness of his suspicions, as in 1807 the town was ordered to be stockaded; and accordingly he or the Secretary (for accounts differ) ran a line of high pickets, with occasional block houses, along the eastern bound of the settlement, including the Domain and adjoining houses, as far north as the street now known as Michigan avenue, and thence west to the Cass Farm and south to the river, including the fort and all public and private build- ings. Where the stockade crossed Jefferson Ave- nue, at the upper end of the Biddle House (then Governor Hull's own mansion), there was a large block house with artillery; and a gate contiguous to the old citadel stood at the western end of
249
ARBITRARY MEASURES.
CHAP. X.]
Jefferson Avenue, where the high bluff crossed it, commanding the approaches from the west. The memorials complain not only that this work was imperfect, but that the Governor had, without authority, compelled companies of militia to labor in digging trenches and planting pickets, as if they had been in regular pay and service. While the evident share of Judge Woodward in getting up the memorials requires the use of care in judging of the correctness of the criticism of the Governor's acts, it cannot be assumed that statements of specific facts are unfounded ; and his stretch of vexatious authority over the militia in some matters is shown by his own statements. The early military governors had been too famil- iar with the habits of the British commanders be- fore the Revolution, to be as careful as they should have been concerning popular rights. In this re- spect Governor Hull did not stand alone, but such conduct was very obnoxious to the people on the frontier.
The Governor also incurred universal censure by enrolling a separate company of negro militia composed entirely, or almost entirely, of recent fugitives from Canada, who were not native citi- zens, and could not then become naturalized. The act of Congress allowed none but whites to be enrolled, and the state of feeling at that time did not authorize such a violation of law.
In 1808, Judge Woodward, on his departure for Washington, laid before the Legislative Board
250
QUARRELS.
[CHAP. X.
a series of abusive resolutions and charges against the Governor, which the latter was unwise enough to reply to at length; - and this was all that Woodward desired. He knew very well that no such resolutions could pass without his own vote, if at all. This, and some other transactions, seem to indicate that the Legislative Board (properly resembling very closely a privy council) had adopted the habit of holding public sessions, and airing its dissensions before the populace. There is no other means of accounting for the ridiculous vaporing and pomposity of the Chief Justice, and his indecent strictures upon his associates, nor for the counter-blasts, more decent and dignified, but not judicious, which came from his antagonists. There was a general spirit of pugnacity manifest at their meetings.
But Woodward's conduct at times reached such a pitch as to be beyond excuse. Having on one occasion made an order in a cause which created some feeling, Major John Whipple, (father of the chief justice of that name), meeting him in the street, used some severe and opprobri- ous language. Judge Woodward undertook to treat this as a contempt of court, and imposed a fine. Some months afterwards, in February, 1809, Governor Hull pardoned the offence, as he had a right, and as was perhaps required in common justice. This led afterwards to difficulty.
The district courts, first created in 1805, had been modified by a statute of 1807, which gave
251
WOODWARD'S COURSE.
CHAP. X.]
them some of the financial and administrative duties generally performed by the quarter-sessions or county boards, and provided that they should be held by a chief justice and two associates " of integrity, experience and legal knowledge," ap- pointed by the Governor. George McDougall was first chief justice, and James Abbott and Jacob Visger' associates. These gentlemen were not admitted attorneys or counsellors, but were fairly educated and judicious men, fully competent for their duties. In August, 1809, Major Whipple was appointed associate judge of this court for the District of Detroit and Erie. In the latter part of September, Judge Woodward, treating this as a personal slight, procured a grand jury to present the Governor as having granted an illegal pardon; and the same subservient body, doubtless in response to suggestion, recommended the enforcement of the fine, which Woodward carried out by process against Major Whipple. While this presents the chief justice in a very disgraceful light, it indicates great weakness in a governor who year after year submitted to such insults and invasions of right, without seeking any remedy beyond proclamations and counter resolves. The same grand jury was induced not only to present the Governor, but also Judge Witherell, for unwise legislation, and to declare their laws passed in Woodward's absence as " unnecessary,
I The writer first read Blackstone in what had been Judge Visger's copy of that author, now in his possession.
252
JUDGE WOODWARD.
[CHAP. X.
nugatory and a nuisance." Fortified by this pro- found legal authority, Woodward and his echo Griffin, a few days after, declared the whole body of laws passed in Woodward's absence invalid, because not signed by the individual names of the members of the board, instead of by the chairman and secretary. Sometimes the grand jury presented Woodward; but their action in such case was not deemed so correct.
That conduct like this should effectually destroy all the moral force of authority was inevitable. The peculiarities of Judge Woodward were such as almost to render it doubtful at times whether he was not something more than eccentric; while on the other hand his conduct was usually reasonable and becoming, when he was in a position where he was not tempted to act insolently, or where there were strong reasons of policy. During the war of 1812, he was intrepid and active as well as useful in mediat- ing with the British authorities, and was long the only person who effectually interposed to protect the American citizens in Detroit, and to urge redress for their injuries elsewhere. Under General Cass's administration, while often enough provoking resentment from private and official individuals, he did not indulge in such conduct in the board or elsewhere as he used towards Hull, against whom he had a peculiar antipathy. On the bench, however, the recollections of business men indicate that there could not have been any
253
CHAP. X.] JUDGE WOODWARD.
thorough improvement in harmony, and both he and Griffin were finally legislated out of office. His personal habits were slovenly, and his room was conspicuous for disorder. His worst habit, however, was that sort of audacious impudence which, under the name of eccentricity, has some- times characterized men of mark, and even made them to be imagined greater than if they had behaved themselves with more civility. John Randolph was an instance of this kind.
In the early Territorial days it had not become so discreditable as it has been in our time for persons insulted to use what Blackstone would have classed among "remedies by act of the party ;" and Judge Woodward often provoked, and some- times received this treatment, while no doubt he much oftener deserved it. If the Governor had ever forgotten his dignity in this way, instead of in less effective conduct, he might perhaps have secured peace, and had better fortune. But
Woodward, who never respected him, had dis- covered his weak points, and that he was more prompt in asserting his rights than in defending them, and so took a malicious pleasure in aggra- vating him. But beyond this, the Chief Justice regarded himself as the only man in the Territory whose views should pass current without question ; and enforced this doctrine when he could.
These quarrels had a bad effect on the public peace. Each of the contending powers had pre- rogatives which made it to the interest of various
254
SOCIAL CONDITION.
[CHAP. X.
persons to conciliate him. Each had, therefore, his greater and lesser satellites, and among them personal encounters were common. Whether the town was more turbulent than other border towns at that period may be doubted. But the offend- ers were oftener brought before the courts, and were generally men of standing.
The social condition of the town was good. It had an unusual proportion of educated and refined people, and a fair general standard of edu- cation. Unfortunately the earliest school law, passed in 1809, was never printed, and has dis- appeared. There was no permanent newspaper press until 1817, although in 1809 a small paper was published a little while. We have no full knowledge of the number or condition of schools. But an examination of our public records shows that a very large portion of the inhabitants, both French and English, had at least an ordinary edu- cation. Their papers and signatures show a habit of using the pen, and their accounts are neatly and accurately kept. In spelling French words there are tokens that much was taught by the ear instead of the eye, but the orthography of that language was not perfectly followed by many very distinguished men under the French regime, and the blunders found occasionally in our French papers are no worse than abound in public docu- ments. Napoleon has credit for similar mistakes ; and in our own language fifty years ago (if not to-day) inaccurate spelling was not proof of ig-
255
FATHER RICHARD.
CHAP. X.]
norance. In most garrisons where there were children some pains were taken to teach them. We know from the character of the early immi- grants and natives of Detroit that they would not allow their children to lack education; and so far as we have facts they all tend to prove this. In 1798 Father Gabriel Richard, a priest of the Or- der of St. Sulpice, first came as resident pastor of the Catholic church of St. Anne. His tall and sepulchral figure was familiar to every one during the long period during which he filled his sacred mission. He was not only a man of elegant learning, but of excellent common sense, and a very public-spirited citizen. He encouraged edu- cation in every way, not only by organizing and patronizing schools for the immediate training of his own people, but by favoring all other proper schemes for general intelligence. He brought to Detroit the earliest printing-press that was known in the Territory, and in 1809 published a small gazette called the "Michigan Essay, or Impartial Observer." He also compiled and published some religious and educational works for his own flock, and some selections from French authors for read- ing. He was an early officer of the University, and a teacher or professor in it. His acquaint- ance was prized among Protestants as well as Catholics. His quaint humor and shrewd sense, in no way weakened by his imperfect pronuncia- tion of English, are pleasantly remembered by all who had the fortune to know him; while his brief
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256
SCHOOLS.
[CHAP. X.
prayer for the Legislature, that they might make laws for the people and not for themselves, was a very comprehensive summary of sound political philosophy.
The researches of some of our citizens have led to the discovery of several names of teachers who flourished before the days of newspapers, although no doubt many more have been forgotten. The Reverend David Bacon (father of Dr. Leo- nard Bacon) taught a school at Detroit in 1802. Miss Elizabeth Williams, (daughter of Thomas Williams before mentioned), and her cousin Miss Angelique Campau, taught schools as early as 1808, and the school of the former and of her associates and successors was continued many years. From 1812 to 1818 a classical school was kept up by Mr. Payne and Reverend John Monteith. In 1816 a common school on the New England plan was opened under Mr. Danforth. After the organization of the University, in 1817 or 1818, teachers were abundant, and schools thorough and excellent, and more than one of these teachers became eminent in civil and military life. Teaching was a common occupation among ambitious men preparing for their future career.
Not very long after Michigan Territory was organized, the Indians began to complain of the advance of the white men, and that they had signed treaties which they did not understand. No encroachment had been made on the Indians in Michigan, and the Indians there had not
257
INDIAN DISCONTENT.
CHAP. X. ]
generally preceded the white men in the southern part of the State. But it was true enough that their future was doubtful, unless they learned some of the arts of civilization. Their discontent, however, if it originated with themselves, was chiefly due to the promptings of others. The Northwest Company was deeply interested in keeping the country a wilderness, and the control of it was earnestly coveted by British interests. From all parts of the Indian country reports came that Elliott, the agent at Malden, was tampering with the tribes. Their annual presents were con- tinued on a liberal scale, and they received an extra share of guns and munitions of war. Even as early as 1807 and 1808, there were indications of some mysterious plan of mischief. The wonder- ful organizing power of Pontiac had long before shown the value of unity to the Indians, and tribes that had once been hostile were found seeking strength in brotherhood. The lesson was not for- gotten; and in all the early treaties made by the United States with the Indians east of the Mis- sissippi, it was found that the tribes had become confederated, and that they had counsellors who were not Indians. In 1784, and thereafter, Brant appeared as the great centralizing agent; and in 1794 and 1795, in Wayne's Campaigns, and at the Treaty of Greenville, it was found that although there was much tribal independence, there was nevertheless a very general union, and this was influenced chiefly from Malden by McKee and Elliott, through various chiefs.
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