USA > Michigan > Outlines of the political history of Michigan > Part 25
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The 27th day of August, 1818, was a day long remembered in Detroit. On that day the first steamboat made its appearance on the Strait. The steamboat Walk-in-the-Water, (whether named
395
CHAP. XIII.] THE FIRST STEAMBOAT.
from the Wyandot chief, or for her own qualities is uncertain,) arrived on that day from Buffalo, with a large load of passengers. She was built at Black Rock, and when completed was taken up to Buffalo against the strong current, not by her own motive power, which had not yet been tried, but by what Commodore Blake facetiously called the "horned breeze," several yokes of strong oxen towing her up safely.'
The Indians had received early intelligence that a great ship drawn by sturgeons was to make its appearance in the Detroit River, and when the steamer glided up the stream without any visible means of progress, the red men swarmed along the shore and filled the air with their noisy shouts of wonder.
Henceforth the way was clear for the west- ward-bound pioneers. The land was put in mar- ket that season, and purchases were made of con- siderable amounts by actual settlers. The weekly trips of the steamboat brought up full loads of passengers, on some occasions as many as a hun- dred. The steamers were then considered large which to-day would appear too small for even
I General Whiting, in a jeu d'esprit entitled "The Age of Steam," read at a Fourth of July steamboat ride, in 1830, refers to this :
" And where was e'er the modern wight, Who, though possessed of second sight, Twice eight years since could see a boat Within the shadowy future float? Or see one lying at Black Rock, (For Buffalo then had no dock,) Compelled to lay the Straits below. Till ' horn-breeze ' or a storm should blow."
396
IMMIGRATION. SYMMES'S HOLE.
[CHAP. XIII.
rough river service, and would seem insignificant beside the smallest lake boats. The Erie canal was not yet built, and those who embarked at Buffalo had traversed a long road in wagons or on foot. Many, too, landed in Ohio, whence very few passengers then came across the lake to De- troit. The suddenness and magnitude of the first general movement towards Michigan was a sur- prising evidence of the restless energy of the American people. Very little foreign population came in those days across the lake. Most of the settlers were natives of New York or New Eng- land.
It was during this year that Captain John Cleves Symmes propounded his theory of a pleasant and habitable region within the earth, accessible from a large opening near the Arctic Circle, and pro- posed to organize a party to explore and possess it. As he was once familiarly known in the North- west Territory and Detroit, this important incident should not be overlooked. For some reason " Symmes's Hole" did not divert emigration from the better known western country.
The first permanent Protestant church in the Territory was organized at Detroit in 1818, and called the " First Protestant Society." Its member- ship was made up of persons belonging to several bodies of Christians, and it was not denominational in its form, so that ministers of various opinions officiated at different periods. Mr. Monteith was the first settled pastor. Before that time there
397
CHURCHES. INDIAN TREATIES.
CHAP. XIII.]
had been occasional services of different churches, and the Society which finally became incorporated had been informally organized in 1816. Methodist clergy had visited Detroit earlier, and perhaps some others, but no societies had been formed. Episcopal services had been held by lay-reading, at which Dr. William McDowell Scott generally officiated as reader; and the Reverend Richard Pollard of Sandwich, very soon after the American possession, performed clerical duties in baptisms, marriages, and burials, among the members of the Episcopal Church, and others who desired his services. In 1822, the Methodist church became incorporated. In 1824, St. Paul's Episcopal Church was organized. Other churches followed, and the First Protestant Society became a Presbyterian church, and is still existing as such.
In September, 1818, the Wyandots exchanged their reserves at Brownstown and Monguagon for one further back on the Huron River, where they remained several years. In 1819, a treaty was held at Saginaw, whereby the country from near Kalamazoo to the head of Thunder Bay River was ceded to the United States, except a number of special reservations, partly for individuals and partly for bands or villages. In June and July, 1820, sixteen square miles were ceded at the Sault Ste Marie, as well as the St. Martin Islands in Lake Huron, containing gypsum. In 1821, a cession was obtained of all the land south of Grand River and north of St. Joseph's River, and
398
DELEGATES TO CONGRESS.
[CHAP. XIII.
other lands, whereby, except for a small tract south of the St. Joseph, and particular reserves, there remained no unceded land in the Lower Peninsula, except north of Grand River, and north and west of the head of Thunder Bay River. The necessities of the people were provided for, as far as would be required for a long time.
The election of a delegate to Congress was, by the original ordinance, to follow the legislative organization, and not to precede it. But inasmuch as the population was large enough to warrant it, Congress, in the Spring of 1819, provided that the citizens of Michigan might elect a delegate, by a plurality vote of the free white male citizens over the age of 21, who had resided in the Territory one year and paid a county or Terri- torial tax. The first delegate chosen was William Woodbridge, Secretary of the Territory; (who seems to have retained his Territorial office, but who soon resigned the other ;) and Solomon Sibley was chosen in his place in 1820. Judge Sibley held the office until 1823, when he was succeeded by the Reverend Gabriel Richard, Rector of St. Anne's Catholic Church. It is not often that a gentleman of his profession has appeared in Congress. He was a faithful and diligent repre- sentative, and performed his duties to the gene- ral satisfaction. This being the only elective office of the Territory, and there being no scope for the ordinary political struggles, there was generally a good deal of excitement and contro-
399
CHAP. XIII.] EXCITING ELECTIONS.
versy, which was at first rather personal than po- litical. But the candidates were all usually well qualified, and any of them would have done suffi- cient credit to his constituents. Father Richard's antagonist in 1823 was General John R. Williams. Austin E. Wing, Major John Biddle, Lucius Lyon, and George W. Jones, were at different periods incumbents of this office. In 1827, the Secretary of the Territory, Mr. Woodbridge, and Robert Ab- bott, Treasurer, in canvassing the Inspectors' re- turns, undertook to anticipate the prerogatives of Congress, and to discuss and determine upon the validity and regularity of the election, and of votes cast in various places, and gave Mr. Wing the certificate by the result of this process. The Legislative Council appointed a committee to in- vestigate the matter, who animadverted severely on the excess of jurisdiction, but questioned the power of the Council to deal adequately with officers appointed by the United States. At this time there was a violent personal-rather than strictly party-feeling arising, which had been bit- ter during the election, and which was probably for a few years extreme in proportion to the small field open to its operation, and the absence of well-defined party issues. It was afterwards in other ways not without serious mischiefs, which cannot be discussed or understood now as fully as might, on some accounts, be desirable. There are still living many persons interested in the contest, and more or less affected by its pas- sions and prejudices.
400
BANK. EXPLORING EXPEDITION.
[CHAP. XIII
In 1819 the Bank of Michigan was organized, which, during its many years' existence, was a very important instrument in the financial affairs of the country. Its organization gave rise to a suit to determine what power the Territory had to charter private corporations; but the courts never felt any serious difficulty in determining that ter- ritories have the same need of the instrumentali- ties of business as States, and have authority to avail themselves of, and secure to their people, all the means required to further the wants of civilization.
In the summer of 1819 the Walk-in-the-Water made the first steam voyage to Mackinaw, with a large load of passengers and freight, making the round trip from Buffalo and back in twelve days. Its cargo was reckoned worth $200,000. At this time there were no post roads in the Territory- . the first one having been established in 1820, to Pontiac and Mount Clemens.
In 1820 Governor Cass organized an expedi- tion to explore the country through the upper lakes to the head of the Mississippi. This explora- tion had important results, and was of scientific as well as political value. The population, al- though increasing fast in the last two or three years, had only reached 8,765, and it was thought desirable to take all practicable measures to ob- tain and publish a knowledge of the country and its resources, to invite settlements.
CHAP. XIII. | CASS'S FIRST NORTHERN EXPEDITION. 401
The expedition left Detroit on the 24th of May, 1820. Its members were Governor Cass, Dr. Alexander Wolcott physician, Captain D. B. Doug- lass engineer, Lieutenant Aeneas Mackay command- ing the soldiers, James Duane Doty secretary to the expedition, Major Robert A. Forsyth Gover- nor's secretary, Henry R. Schoolcraft geologist and topographer, Charles C. Trowbridge assistant topographer, and Alexander R. Chace.
They performed their journey in bark canoes, of the size and pattern used in the fur trade, where for more than a century the burden had been fixed at four tons, and the size a little over five fathoms and a half in length by one in breadth. These light craft were proved by expe- rience to be superior to all others for exploring purposes. At Mackinaw they divided the com- pany and the freight among four such canoes, and took besides a twelve-oared barge with an addi- tional escort, to the Sault, where the Indians were reported unfriendly. The British at this time had fortified Drummond's Island, which was then dis- puted territory, and had made it the centre of their dealings with the Indians, in the United States as well as in Canada. In 1816, immedi- ately after the war, Thomas, the great Menominie chief, went through Mackinaw, on his way to ob- tain the usual presents from the British, and was somewhat surprised that Major Puthuff, the com- mandant, did not treat him with hospitality after he told his errand. He returned to the island
26
402
CHIEF THOMAS. THE SAULT.
[CHAP. XIII.
from the Ste. Marie's River very much mortified by the cold treatment of the British agents, who for a time, (though a very short one) curtailed or sus- pended their gifts. The proud spirit of the chief was so wounded by this that he shut himself up in his wigwam and drank himself to death. He was buried at Mackinaw with much respect, as he was a very able and high-minded man, who is said to have had a majestic presence, and a mag- netic influence over all who met him. The prac- tice of making presents was soon renewed, and when Governor Cass's party reached the Sault, they found themselves among enemies. No American possession had been maintained since the war.
The party arrived on the 14th of June, and found that the village on the American side then consisted of from 15 to 20 buildings, occupied by five or six French and English families, among whom was the family of John Johnston, before mentioned as having aided the English during the war. On the other side, the Northwest Com- pany had a factory, and had provided a system of boat lockage in the narrow channel near the Ca- nadian shore, to accommodate their large business. The savages were practically under their control. The American side was occupied by the French very early, and, as previously mentioned, had been granted to Repentigny, whose fort was standing during the Pontiac war, but was long since aban- doned.
403
CASS REMOVES BRITISH FLAG.
CHAP. XIII.]
One object of this expedition was to establish a new fort; and it was deemed advisable to hold a council with the Indians, to ascertain and agree upon the bounds of the old concession. A coun- cil was held at the Governor's tent on the 16th. The Indians were surly, and not disposed to re- member that any concession had ever been made ; and some of the chiefs intimated that they might be disposed to allow civil settlements, but that a military post might be subjected to annoyance and plunder by their young men. The Governor an- swered this by an emphatic assurance that a fort would be placed there in any event, whether they agreed to it or not. The council, in which a chief dressed in the uniform of a British briga- dier-general was prominent, came to no agree- ment, and broke up in some disorder. This chief, called the "Count," during his speech, planted his war-lance in the ground, with furious gestures, and kicked away the presents laid before him. On leaving the council the Indians went to their own encampment, on an eminence where the old French fort had stood, 500 or 600 yards off, and hoisted the British flag in front of the Count's wigwam. Governor Cass, on discovering this, walked over, with no escort but his interpreter, and took down the flag and carried it away, in- forming the astounded chief that none but the American flag must be raised on our territory, and that if they should again presume to attempt such a thing the United States would put a strong
404
TREATY AT THE SAULT. [CHAP. XIII.
foot on their necks and trample them out. This boldness struck them dumb for a while, but they soon sent off their women and children, and made preparations for an attack. The American force, numbering 66 well armed, got ready to meet them. The head chief, Shingobawassin, who had not been present at the council, interposed and brought the Indians to their senses, and that same day at evening a treaty was signed, releasing to the Americans a tract embracing sixteen square miles. Neither the Count nor Shingwauk, the two noisiest opponents, signed it. From this place they went by the usual coasting voyage along the south shore of Lake Superior, crossing Ke- weenaw Point through Portage Lake, and across the land portage, and visiting the great copper boulder on the Ontonagon River. They went up the St. Louis River to a portage near Savannah River, and down that stream, and through Sandy Lake, to the Mississippi, ascending that river through Lake Winnipeg to Upper Red Cedar or Cassina Lake. On their return they descended the Mississippi to the Dubuque mines, and then went up to Green Bay by the Wisconsin and Fox ยท Rivers, and there separated. A portion of the company went to Mackinaw, and thence directly homeward, the remainder proceeding to Chicago, whence General Cass returned overland to De- troit, the rest coasting along the eastern shore of Lake Michigan. The knowledge of the north- west derived from this careful exploration was of great value.
405
STATUTES.
CHAP. XIII.]
It is a very singular fact that between 1806 and 1820 no provision had been made for publish- ing the Territorial Laws, and some of them had been lost and were never found again. In 1816, a meagre volume was printed in Detroit, in type hardly legible, containing the titles of some laws, and abstracts or indexes of others, and a very few in full. This publication was thus condensed for want of means. In 1820, Congress appropriated twelve hundred and fifty dollars for the publication of existing laws, and the Legislative Board .com- piled and revised their legislation so as to put it in a very good form, and supply the place of a code. Some changes were made at this time, but none requiring special notice. The compilation was not perfect, however, and omitted some im- portant statutes.
It was not creditable to the Territory that public whipping was allowed to be inflicted on Indians and negroes convicted of various offences, and, by the order of a single justice, on disorderly persons, and those convicted of small offences. The whipping post disgraced the Detroit market house until 1831, when this relic of barbarism was forever removed. The not less barbarous custom of selling the poor to the lowest bidder, was also long kept up, with the disgusting spec- tacle of the ball-and-chain-gang. The legislators were, perhaps, not behind their time altogether, but such exhibitions were not improving.
Duelling, challenging, and posting, were made punishable in 1815 for the first time. The law
.
406
BRITISH SUBSIDIES TO INDIANS. [CHAP. XIII.
was borrowed from New Jersey, which had once been a great duelling ground.
In 1822, the United States abolished its system of government trading houses. Its abolition re- moved many frauds and opportunities of pecula- tion, and enabled the American fur-traders to compete with the British; and from that period the British influence over the Indians was sensibly checked. But the Indians were nevertheless kept as far as possible under their control, and they still retained a foothold on our territory. The commissioners under the Treaty of Ghent had determined, in 1822, that Drummond's Island, at the mouth of St. Mary's River, belonged to the United States ; yet the British post was complained of in 1826, as still remaining, and the American Indians, to the number of 4,000, received presents and annuities there during that year for their services to Great Britain ; while at Malden, then and for many years thereafter, the same practice prevailed. The evils of submitting to such a system of subsidies are too manifest to need pointing out. The government was much to blame for allowing it. There are many persons now living who have seen the fleets of the great northern canoes lining our shore, and congregated savages, far more numerous than the white inhabitants, receiv- ing guns, knives and hatchets, as well as other gifts, from the Malden agency, and indulging after their reception in a drunken frolic in our streets. It is not to be denied, however, that they left be-
407
UNIVERSITY. NEW COUNTIES.
CHAP. XIII.]
hind them in Detroit a fair share of their pres- ents.
In 1821, among the new laws contained in the volume published by the Board, was a statute re- pealing the former University Act, and entrusting the University and its affairs to twenty-one trus- tees, the Governor being one ex-officio. Their powers were not materially altered, but the Ter- ritorial support was withdrawn. The schools were still kept up, and a large lot was soon thereafter conveyed to the institution, embracing a consider- able parcel adjoining that already built upon. This corporation continued as organized in 1821, until re-organized under the State Constitution.
In 1822 six new counties were established,- Lapeer, Sanilac, Saginaw, Shiawassee, Washtenaw and Lenawee. They were not set apart as com- pletely organized counties for some years. Thence- forward occasional changes and additions were made, the largest number of counties at one time for many years having been created in 1829, when counties were named after the President, Vice-President and Cabinet, and General Cass, who was not long after made a member of it. As the country opened, it became necessary to divide it up very much in advance of dense set- tlements.
The situation of Mackinaw and the counties west of Lake Michigan was such that the judicial sys- tem was found to work very badly. They had the county courts, presided over by lay judges,
408
JUDICIAL GRIEVANCES AT THE NORTH. [CHAP. XIII.
but an appeal lay from these to the Supreme Court, where a new trial was had by a jury as in the lower court. The Supreme Court had exclu- sive jurisdiction of large cases, of real actions, of admiralty and other United States business, and of capital crimes ; and concurrent jurisdiction with the county courts of other offences. But one term of four weeks was held each year, in Detroit, on the third Monday of September. At that time navigation northward was in those days closed, and even if open the hardship of bringing par- ties and witnesses so far was excessive. James Duane Doty, who had removed to Green Bay, prepared and laid before Congress a full state- ment of these grievances. It appears from his showing, that the litigants were mostly private traders, who were compelled to go to the Indian country in winter to sell their goods to the Indi- ans, and buy furs, and that the Indian debtors had a curious rule of considering their debts paid by a tender of the proper amount of furs at the trader's residence. If he was absent or not ready to receive them, he was reasonably certain to lose his demand. The only months in which it was safe for a trader to resort to the settlements were May and the summer months. He also made some remarkable showings concerning the amount of business in that country. He asserts that no territory (unless possibly Orleans) had yielded so large a revenue to the United States from duties on imports. That in 1807, the duties at Macki-
409
CHAP. XIII.] NEW COURT. LEGISLATIVE COUNCIL.
naw exceeded $40,000, although afterwards less,- the decrease arising from some of the importa- tions coming into New York, which before were made directly through Canada. In November, 1821, 3,000 packs of furs had been exported from Mackinaw. It appears from other sources that the sale of foreign goods, (chiefly to the Indians) amounted in the Territory at cost to about a million of dollars annually.
Congress, in accordance with the wishes of the people, enacted, in January, 1823, that there should be a separate judge appointed to hold a district court in that region, having all the ordi- nary jurisdiction of the Supreme and county courts, subject to the appellate jurisdiction of the Supreme Court on writ of error, but not other- wise. It was to have full criminal powers, and jurisdiction over all offences and transactions con- nected with the commerce or dealings with the Indians. Mr. Doty was made judge of the new court.
The same session of Congress adopted a fur- ther law, on the 3rd of March, 1823, completely revolutionizing the Territorial government. The legislative power was transferred to the Gover- nor and Council, composed of nine persons se- lected by the President and confirmed by the Senate, out of eighteen elected by the people of the Territory. Sessions were not to exceed sixty days, and laws were subject to Congressional ab- rogation. The judges were to have, equity as
410
CAPITOL.
[CHAP. XIII.
well as common law powers, and their term of office was reduced to four years, instead of during good behavior. The existing offices were to be- come vacant on the Ist of February, 1824. The pardoning power was vested in the Governor for all offences against the Territory, with power of reprieving in United States cases.
On the 22nd of October, 1823, the corner stone was laid of a building intended for a court house, and used until 1847 as the Territorial and State Capitol. It was a fine building for that period, and very well built. The original design had been to build it in the Grand Circus, the central space of Judge Woodward's Cobweb, and now the finest public ground in Detroit. That spot was then remote and inaccessible, being regarded as far out in the country, and in the woods. The new location was also complained of as too re- mote, and accusations of all sorts of interference and corrupting influences were made against the land owners in the vicinity, who had secured the capitol so near them, when it was a long and te- dious journey to reach it. For many years it stood alone in the wilderness, reached only by a narrow line of single timbers for a walk, and too far off for any one to resort to it except under dire necessity. It is now far below the central part of Detroit, and in the very heart of the heaviest business.
In the midst of the tumult naturally caused by the great political revolution, an amusing excite-
411
CHAP. XIII.] IRISH MANUSCRIPT JUDICIAL CHANGES.
ment arose concerning a mysterious manuscript which was found in Detroit, in some out of the way place. The characters were fairly traced and distinct, but the scholars were all perplexed. It resembled no' letters which any of them had ever seen. Aid was sought in various quarters in vain. At last, however, it was discovered that the hiero- glyphics were Irish.
The change in the Territorial scheme was peculiar. The Ordinance of 1787 had provided for a council, but only as an upper house or senate, and the functions of the Michigan Council were both legislative and executive. Under that instrument the judges were always to hold during good behavior. It is evident that one object of the change was to get rid of some of the judges. When the appointments were made, Judge With- erell was re-appointed, it is said that Judge Griffin declined a nomination, and Judge Woodward was left out altogether. Judge Witherell was made presiding judge, and Solomon Sibley and John Hunt associate justices. Both of these gentlemen were members of the Detroit Bar. Judge Hunt died in 1827, and the vacancy was filled by the appointment of Henry Chipman, who, although a native of Vermont, had practised several years in South Carolina, and had recently removed to Detroit. He was a lifelong intimate friend and admirer of James L. Petigru of South Carolina, whose fearless patriotism under the most trying circumstances has made his memory honorable.
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