USA > Michigan > Outlines of the political history of Michigan > Part 29
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464
CONSTITUTION.
[CHAP. XIV.
Cabinet officers, and all other State officers, were to be appointed by the Governor and Senate. County and town officers, judicial as well as min- isterial, were made elective. Education was to be supported and encouraged, a university and schools maintained, and the university and school lands and their proceeds, and all other funds obtained for similar purposes, were to be kept inviolate. A superintendent of public instruction was also provided for,-judges and State officers were subject to impeachment for criminal and corrupt conduct ; and judges could be removed on the address of two thirds of each branch of the Legislature. Other offices were subject to removal as might be enacted. Slavery and invol- untary servitude were forbidden except on con- viction of crime. Internal improvements of all kinds were to be encouraged by the State. Acts of incorporation could only be passed by two thirds of the Legislature.
This Constitution was very simple, and very much better adapted to the changing necessities of a growing State than the present one. While it restrained such abuses as it was thought would be most dangerous, it left to the Legislature broad discretion. All who have had much to do with studying and construing the two instruments, have discovered that, while a few restrictions concerning finances and internal improvements have been found beneficial and necessary,-the bulk of the special legislation contained in the Constitution of
465
CHAP. XIV.] MASON SUPERSEDED.
1850 has been a hindrance, and not an advantage. In a republican government it must be assumed that the popular representatives in the Legislature will act usually with honest motives and reasonable prudence ; and while some things should not be allowed under any circumstances, and others re- quire checks, yet all which is subject to be changed by time and changing events, ought in general to be within legislative discretion.
The Constitution was ratified, and Stevens T. Mason was elected Governor, and Edward Mundy Lieutenant Governor. Isaac E. Crary was elected Representative in Congress.
Before this election, in August, 1835, the Globe contained the following: "Appointment by the President. Charles Shaler, of Pennsylvania, to be Secretary of the Territory of Michigan, vice Stevens T. Mason, superseded." This was followed by a long article in which it was set forth that Mr. Mason had disregarded the President's wishes, and the peaceful arrangements which had been made concerning the territorial disputes with Ohio. As Congress had not acted upon the subject, it is questionable how far the President had any right to interpose with his wishes. He had, how- ever, the right to remove the Secretary. Judge Shaler would, no doubt, have been appointed Governor, if that appointment could have been made during the recess. He was personally an excellent selection, but he did not covet the office under existing circumstances. It was Judge
30
466
SECRETARY HORNER. [CHAP. XIV.
Shaler, - then a young man, who volunteered to carry from Cleveland to General Hull the news of the declaration of war; which he did with enter- prise and rapidity, through difficulties ; and, having overtaken the army between the Maumee and the Raisin, he was compelled to remain in Detroit until the surrender. He was a gentleman who would have commanded respect and esteem from the people, whatever they might have thought of his authority; but he declined the appointment.
On the 15th of September, the official journal contained, with some editorial answers to eastern newspaper criticisms on the course of the Presi- dent, the following appointment. " John S. Horner, of Virginia, Secretary of the Territory of Michi- gan, Charles Shaler having declined the appoint- ment. We learn that Mr. Horner has accepted the above mentioned appointment, and that he is now on his way to Detroit." On the 16th of September, the Cleveland Whig, announcing that Mr. Horner had that morning left for Detroit, adds that it is prepared to hear that the people of Michigan utterly contemn the authority of the new Governor, so far as his policy may differ essentially from that pursued by Mr. Mason.
Mr. Horner arrived in Michigan when troubles on the frontier had temporarily revived, and just after the troops had been sent down for the last time to Toledo. The elections were to come off in a fortnight, and in about six weeks the State government would be organized. He interfered
467
CHAP. XIV.} SECRETARY HORNER'S WELCOME.
with what had been done in the courts, by par- doning everybody but Two Stickney. He had come out with distinct notions that he had a mission to perform, but found no one who would co-operate with him. It is believed that a very upright and estimable gentleman of the bar recognized him officially so far as to accept a commission of notary public. But his executive labors were very solitary, and the people began to show signs of disapprobation. On the 12th of July, 1835, he addressed a meeting at the Detroit City Hall, giving his views and intentions at length, and apparently with some degree of self-assertion. After he had concluded his speech, the meeting organized, and several resolutions were adopted, among which was the following : (Jacob M. Howard, who in those days was lieutenant in the Detroit City Guards, and in that capacity had gone to Toledo armed and equipped with sword and pistols, was already known to fame as a man of powerful intellect and strong convictions ; and from the style and tone of this resolution, it would not be hazarding much to conjecture that "the voice was Jacob's voice.")
" Resolved, that if our present Secretary of the Territory should find it beyond his control, either from the nature of his instructions, his feelings of tenderness towards those who had for a long period of time set at defiance as well the laws of the Territory as those of the United States, or any feelings of delicacy entertained towards the
468
SECRETARY HORNER'S MISADVENTURES. [CHAP. XIV.
executive of a neighboring State, who has in vain endeavored to take a forcible possession of a part of our territory, to enable him to properly carry into effect the existing laws of this Territory, it is to be hoped he will relinquish the duties of his office, and return to the land of his nativity."
Mr. Horner was a gentleman of excellent character, and not wanting in ability. But he magnified his office, under the favor and encourage- ment of General Jackson, who had found the place was not much sought after; and the Secretary was rather more peremptory and assuming than the people were accustomed to find their public officers, and more dictatorial than they were dis- posed to submit to. The result was that neither judiciary nor ministerial officers paid any respect to him, - he met with very little private civility or attention, -and in some instances he was treated with active discourtesy, which sometimes took a form which was not generally approved. In Ypsilanti a disorderly concourse pelted the windows of his tavern lodgings, so that he re- sorted to a safe place to sleep on the floor; and it is said that the landlord charged in his bill the damages caused by the lapidation. It was generally thought, however, that until the State became organized, his position should secure him against insults not provoked by adequate cause ; and while he did not as Secretary receive the friendly civilities which his private character would have secured to him as a private citizen, he was
469
CHAP. XIV.] ELECTION OF SENATORS.
not otherwise molested. After the State officers assumed their functions, General Jackson directed him not to recognize them. The result of this was that he soon found it pleasant to remove to that part of the former Territory of Michigan over which no State government had been asserted. He settled in Wisconsin, where he has always been respected for his personal worth and many virtues. It is much to be regretted that so worthy a gentleman was put into a false position, which exposed him to many difficulties, and some indignities.
The Legislature met on the first Monday of November, 1835. On the 10th of November, a rule was adopted for the election of Senators, providing for a separate election by the two houses, and in case of disagreement, for an elec- tion in joint convention. Lucius Lyon was elected unanimously in each house. Major John Biddle received a majority of four in the Senate, and John Norvell a majority of seven in the House. Mr. Norvell was thereupon elected on joint ballot, and he and Mr. Lyon were the first Senators of the new State. George W. Jones, residing in Wisconsin, was elected Territorial Delegate,-the Territory of Michigan extending beyond the State, and therefore continuing.
The Constitution provided for the continuance of Territorial officers until superseded. The or- ganization of State courts was postponed until July, 1836, as the Territorial judges were entirely
470
MICHIGAN KEPT OUT OF THE UNION. [CHAP. XIV.
satisfactory, and therefore time was desirable to mature a judicial system. After a short session the Legislature adjourned until January, hoping that by that time the State would be admitted.
The admission, however, met with violent opposition. The principal reasons arose out of the slavery question. The States interested in the southern boundary of Michigan, which the constitutional convention had re-asserted by resolu- tion, opposed it on that ground, although the matter would by the admission into the Union have become subject to settlement in the United States Supreme Court ; where Michigan had desired to take it, and had passed resolutions to that end, to have a speedy suit to settle the boundaries. Arkansas had been taking preliminary steps for admission, and it was known there might be some objections to it on account of extreme provisions for the protection of slavery, which it was expected would be inserted, and which were inserted, in its constitution. There was a determination in each extreme of the Union not to allow one State to come in without the admission of the other as a counterpoise. As some of the reasons acted upon were not such as it would seem quite desirable to set up openly, various pretexts and grounds were advanced,-some no doubt from conviction- others with as little doubt for effect. A primary difficulty raised against both States, was that Congress had not authorized the holding of con- stitutional conventions. This was not true in re-
471
DEBATES IN CONGRESS.
CHAP. XIV.]
gard to Michigan ;- for the Ordinance of 1787,- reasserted when the Territory was organized, - provided expressly for the formation of a State as soon as the free population reached sixty thousand. The application for Arkansas was made in February, 1836; and thereafter it was for some time, in reality, a contest on the slavery question, while in form it was mainly a discussion of the right to call conventions without the previous assent of Congress. But so far as Michigan was con- cerned, political reasons of a pressing, if not very fair, character, rendered it an object to conciliate the neighboring States of Ohio, Indiana and Illinois, in view of an approaching Presidential election. Some members were also impressed with a notion that, although Michigan had explicitly desired to seek a judicial determination of her boundaries, there was danger of bloodshed from Illinois, and possibly elsewhere, unless Congress interfered. Committees reported in favor of giving Ohio the line she asked, and of confirming the boundaries possessed by Indiana and Illinois ; while, to prevent future litigation concerning the binding character of the compact of 1787, they proposed to compel Michigan to wait for admis- sion until she conceded those boundaries.
Colonel Benton, in his "Thirty Years' View," - while passing over the boundary question as one which, when he wrote, had ceased to be im- portant, - narrates very fully the course of the contest in 1835-6 over the admission of the two
472
CONDITIONS IMPOSED.
[CHAP. XIV.
States. The debates were unprecedented for ob- stinacy,-the last session in committee having con- tinued twenty-five hours, and the real purposes of the contestants not having been plainly avowed. There was not only a desire to keep off the final vote, but a contest of priority between the bills ; and this grew chiefly out of the slavery dispute. The Michigan bill got the preference, and was passed first by a large vote; and the vote on the admission of Arkansas was nearly the same. The opposition on the final vote in each case was in- dependent of party; and the contest throughout was on other than party grounds.
The acts for the admission of both States were thus passed and signed together, on the 15th of June, 1836. But they were left in very different positions. Arkansas was received into the Union at once and unconditionally. Michigan was not to be received except with the southern boundary claimed by Indiana and desired by Ohio. The Upper Pen- insula east of Montreal River, and the American part of Lake Superior from that point to the northwestern national boundary line, were thrown in as a sort of compensation for the land taken off at the south. Until the new boundary line was adopted by a convention of delegates elected for that purpose, by the people of Michigan, she was not to be admitted at all.
There was much ingenuity in the scheme devised to secure this consent. It was known that the people of the State were largely in
473
MOTIVES FOR ADMISSION.
CHAP. XIV.]
favor of admission, and equally sure that they were unanimously opposed to any boundary con- cessions until the right received judicial determin- ation. If admitted, it was certain the electoral vote would be cast for Mr. Van Buren. The act expressly recognized the election of United States Senators and Representative as valid, and the prevailing-though not unanimous-view was that under the Ordinance the Territory had become a State, but a State awaiting admission. Wisconsin was created a separate Territory from and after July 4th, 1836. Michigan had meanwhile organ- ized its own judiciary, to go into office July Ist, 1836. The Senators and Representative were of course desirous of entering upon their duties, and the ingenious theory had been propounded that the assent of a convention thus obtained would be void as a violation of the State Constitution, which had located all the powers of government, and had not recognized any such body as a con- vention. But as Congress had to determine on the assent as a political question, and the ques- tion of admission was not within the power of the people, this theory was not regarded as ten- able for any practical purpose, whether technically correct or not.
The popular feeling was at once aroused, and hostile. An effort was now made to convert the proposals into a party question, which succeeded partially, but not completely. There had been no divisions of parties before on any of these ques-
474
PUBLIC SENTIMENT.
CHAP. XIV.
tions, although the partisan journals had been a good deal at variance. The Governor called an ex- tra session of the Legislature, to provide for a convention, and it met on the 11th of July. A public dinner had taken place in Detroit on the 4th, at which many speeches and volunteer toasts were given by leading politicians of both parties, and they were equally earnest in their expressions of disgust. The Governor's message was a very able and fair document, in which he submitted the subject as one which must after all be decided on as one of policy; and while not disposed to ac- quiesce, if there was any likelihood of a better de- cision in the future, he thought it might perhaps be found inevitable. The Free Press-the organ of the Democratic party-on the same day indi- cated less disposition than the Governor to make the concession. On the first of July, 1836, the provisions for district courts and other United States offices, which are usually passed when States are admitted, and which had been included in the body of the act admitting Arkansas, were enacted separately; but with a proviso that this act should " not take effect until the State of Mich- igan shall be admitted into the Union according to the provisions of the act entitled 'An Act to establish the northern boundary of the State of Ohio, and to provide for the admission of the State of Michigan into the Union on certain conditions.'" It should have been remarked before, that this had fixed the Ohio, Indiana and Michigan boundaries positively
475
CONDITIONS REJECTED.
CHAP. XIV.]
and unconditionally, the conditions only applying to the admission of Michigan, which was made a subordinate heading of the bill. Congress ad- journed on the 4th of July. Under the settled rules of construction, the act of the Ist of July was a dead letter until the admission of the State; and no appointments could be made under it until then. But before the Senate adjourned, the Pres- ident nominated, and the Senate confirmed, Ross Wilkins as District Judge, Daniel Goodwin as Dis- trict Attorney, and Conrad Ten Eyck as Marshal, with the proviso that their commissions should not issue until the admission of the State into the Union. As a judge when once appointed cannot be removed except by impeachment, this would have raised a very awkward question, if the con- sent of Michigan had been postponed into another administration ; and the validity of such an ap- pointment made before there was any law in force to authorize it might have been contested.
The Legislature directed an election for a convention, to meet in Ann Arbor, on the 4th Monday of September. It became plain to every one before the election day arrived, that the members of this convention would reject the con- ditions. The convention refused to consent to purchasing admission on those terms.
An attempt was now made to unite the Dem- ocratic party, in favor of accepting the conditions, with the view of taking such measures as might then be ventured on. The Washington corres-
476
PERSUASIVES.
[CHAP. XIV.
pondents figured up the share which Michigan would have in the dividends of surplus revenue, and the five per cent. on the proceeds of public lands, as amounting in all to more than $450,000, all of which-the President found occasion to intimate - would be lost to Michigan if not admitted on the first of January, 1837 .- (This like most other solemn extra-official utterances of men in authority, was not correct.) Presiden- tial electors were to be chosen in November, under an act of the State Legislature; and their election also would be futile without admission. And last - though not least - various gentlemen willing to bear official responsibilities would be disappointed. As the anonymous Washington assurances concerning the financial loss by delay appear to have been regarded as of doubtful origin, an official letter was drawn from Mr. Woodbury, Secretary of the Treasury, stating that the money could not be paid to Michigan before her admission, but not making the first of January or any other day the limit. Informa- tion was also obtained from Mr. Schoolcraft, indicating the value of the Upper Peninsula.
On the 29th of October, 1836, a Democratic convention of Wayne County expressed a desire for another convention, and this was followed by a similar meeting in Washtenaw. The Governor, in reply to a request, stated there was no time for an extra session of the Legislature, and said he had no authority to call a convention ; but he
477
CHAP. XIV.] MICHIGAN ADMITTED.
referred to the revolutionary proceedings in the early history of the United States as quite irregu- lar, and intimated that a popular convention might be recognized at Washington. Thereupon, in pursuance of the Wayne County action, David C. Mckinstry, Ross Wilkins, Marshal J. Bacon, John McDonell, and Charles W. Whipple, called a con- vention to be held at Ann Arbor on the 14th of December, and recommended that their action be ratified by the next Legislature. Elections were held, from which many of the people absented themselves because not lawfully held, and the con- vention met, (familiarly known as the " Frost-bitten Convention") made up entirely of delegates favor- able to admission. They at once, and without ceremony, gave their assent to the conditions, and forwarded their action to Washington. The President laid the case before Congress, and it gave rise to much debate. The validity of the convention was denied, and the matter was con- siderably delayed. There was a general disposi- tion to admit the State, but not to recognize the irregular action ; and a preamble reciting consent to have been given was strenuously objected to. The bill was finally passed, with a preamble which recited that consent had been given by a con- vention of delegates, "elected by the people of the State for the sole purpose of giving their assent;" and Michigan was admitted on the 26th of January, 1837.
478
ACQUIESCENCE. [CHAP. XIV.
It would be very difficult to maintain the legality of this convention, on any principle which would not lead to the subversion of all constitu- tional government. But Congress acted upon it ; and the question was one political and not judi- cial, on which their action was final. It is probable, also, that in the view that no better terms were likely to be made for some years, if at all, the measure would, upon a second sub- mission, have been ratified by a large majority of the people. When the struggle was over, the result was acquiesced in; and the best was made of what was deemed a bad bargain. An attempt to have the electoral vote of Michigan declared valid failed. All that could be done for it was to allow the fact to appear that it had been cast for Mr. Van Buren. This was permitted on the ground that it would not change the result : and its regularity was left open. Colonel Richard M. Johnson was elected Vice President by the Senate, for lack of an electoral majority. This election took place after the State was admitted ; and the Senators, Mr. Norvell and Mr. Lyon, had the opportunity of giving him their votes.
The State was recognized, when admitted, as having existed as such since November, 1835, when the Senators and Representatives, Governor and Legislature, came into office; and such has been the uniform ruling of all departments. The last act of the Territorial Judges, on the first day of July, 1836, - three days before the Territory of
479
CHAP. XIV.] CO-EXISTENCE OF STATE AND TERRITORY.
Michigan lost its remaining jurisdiction by the or- ganization of Wisconsin,-was in their capacity as a land board. They conveyed a lot of land in Detroit to the Detroit Young Men's Society, - a corporation created by the State some months before. This deed was held valid, on the ground that the Territory survived until July 4th, although a part of its domain had been severed and trans- formed into a State.
Henceforth the affairs of Michigan were within her own control. The motto of the Territory had been Tandem fit Surculus arbor (the sprout at length becomes a tree.) This simple and grace- ful sentiment, with the device expressing it, looked at the future and was now accomplished. The conglomeration of mottoes and devices on the State seal, which remind one of the character in Shakspeare who had been at a feast of languages and stolen the scraps, is devoid enough of mean- ing to give a wide range to the imagination. But, in spite of its heraldic confusion, the State has suffered no damage from it; and her great seal, though not attractive as a work of art, can certify a very honorable history.
ยท
CHAPTER XV.
MICHIGAN UNDER THE CONSTITUTION OF 1835.
THE new State had, at the time of its admis- sion, become fairly settled down to the manage- ment of home affairs. The Supreme Court was organized by the appointment of William A. Fletcher as chief justice, and George Morell and Epaphroditus Ransom associate justices. Chief Justice Fletcher had previously been selected to codify and digest the statutes, and was busy with his work. A court of chancery was created, and Elon Farnsworth was appointed chancellor. This court, under his presidency, acquired an enviable reputation for the justice and soundness of its decisions, and his opinions are plain and lucid statements of correct principles. He was suc- ceeded, on his resignation in 1842, by Randolph Manning, who was also an able chancellor, and filled with credit several political as well as legal offices, dying in August, 1864, while holding the position of judge of the Supreme Court. The Court of Chancery was abolished by the Revised Statutes of 1846, and the jurisdiction vested in the circuit courts.
CHAP. XV.]
UNIVERSITY. 481
John D. Pierce of Marshall was the first Super- intendent of Public Instruction. He was very active in preparing the general scheme of educa- tion by means of primary schools, and the Univer- sity and its branches. The University was es-
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