USA > Michigan > Outlines of the political history of Michigan > Part 33
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37
532
ASYLUMS. UNIVERSITY. NORMAL SCHOOL. [CHAP. XV.
determined by the Legislature to appropriate enough not only to procure this land, which was a good bargain, but to build a very different building from what at first they had been disposed to provide for. In due time it was finished and equipped, and, under its accomplished superinten- dent Dr. Van Duzen, has been well managed and very successful in curing or alleviating the maladies of many patients, whose lives have been lightened by its kindly ministrations. The Asylum for the Deaf and Dumb, and the Blind, was established at Flint under similar precautions, and has done great good.
The University graduated its first academic class in June, 1845. Thereafter it continued to grow steadily. In 1848, the Medical Department was organized, which in a few years took rank with the best in the country. The union school system was becoming popular, and it was found important to provide a training school for teach- ers. Normal schools were as yet experimental, and the statute of 1849, which established the State Normal School, gave to the Board of Education a wide discretion as to its system. Its object was not only to impart such knowledge as would benefit teachers already well educated, but to educate them. Instruction was also to be given in the mechanic arts, in agricultural knowledge and science, and in the fundamental laws of the country, and other matters bearing on the duties of citizens. This school was established at Ypsi-
533
CHAP. XV.} LAND OFFICE. CAPITAL
lanti, and has been continued on a comprehensive plan, which is undoubtedly wiser than confining it to the machinery and tactics which to some minds seem to make up the equipment of teachers. The Board of Education was found to be a valu- able body for other public purposes, and has suc- ceeded to a large course of duties.
In 1843, the State lands, apart from the educa- tional and special funds, had become important property, and a State Land Office was established, which had control given to it of the entire body of State lands, whether held in trust or otherwise. The Superintendent of Public Instruction was re- lieved from the care of lands. The office was fixed at Marshall, where it remained until removed to Lansing, under an act of 1849.
Several colleges were from time to time created under special charters, in different parts of the State. Some of them became quite successful and some still remain so. The great portion of them never kept up their organization.
The Constitution of 1835 left the temporary location of the State Capital subject to legislative discretion until 1847, when it was to be per- manently located. When that time came there was much difficulty in agreeing upon any of the existing towns, several of which received consider- able support, but none a majority. A suggestion was finally made to locate it near the geographical centre of the State, without selecting a town of present importance, and it was fixed in the town
534
CAPITAL REMOVED TO LANSING. [CHAP. XV.
of Lansing, in Ingham County. Proposals had been made by parties interested in that township to procure its location on their lands. The Legis- lature determined, however, to require its location by disinterested commissioners, who might consider the proposals made by those parties or any others, but were to act on their own best judgment. The school section in that township had not been sold, and, as it was a very eligible spot, it was determined to place the Capital there. This not only gave the school-fund the benefit of having the seat of government laid out upon it, but was probably as good a choice as could have been made. The position is handsome and well adapted to a city. Although its isolation retarded its growth, it is now increasing rapidly, and in the road to prosperity. A Capitol building was put up in a very few months, and intended to serve but a temporary purpose; while a larger and finer building-site was set apart for the future permanent edifice. Fortunately the temporary . building was retained until the State was disposed to substitute another worthy of permanence; and before the end of the coming year the entire business of the commonwealth will be centred in a large and stately Capitol, fair in its proportions, and having, if as well managed hereafter as here- tofore, no reminder of fraud or peculation to mar the popular pride in the undertaking. All the moneys devoted to it have been honestly and faithfully expended.
535
.
CHAP. XV.] NEW CONSTITUTION CONTEMPLATED
There were several circumstances which led the minds of the people towards a revision of the Con- stitution. It could have been amended easily, but it was supposed a new instrument might be made more homogeneous. Probably the chief cause of the change was the vague desire that sometimes gets abroad to revolutionize or alter affairs, without any fixed plan or object. Other States had made sweeping revisions, and Michigan should follow them. There were, nevertheless, some subjects on which there had been agitation and warmth.
By amendments already in force, the power to borrow money had been much circumscribed, and the cabinet officers as well as judges had been made elective, thus divorcing the Governor from the rest of the executive department, and destroy- ing his chief executive function and responsibility. It was still claimed that he had influence remain- ing that might be used corruptly or unfairly for his own benefit, and that the Legislature were also exposed to sinister influences. The charges which were bandied about, if they had any force, would almost go to demonstrate the failure of free gov- ernment entirely. But, such as they were, they had some weight in the adoption of a constitution, with many very good features, but which intimates from first to last that no one is to be trusted.
The abuse of the appointing power had been prevented by taking it away. But there is little in the history of Michigan to indicate its abuse. There had been a series of senatorial elections,
536
SUPPOSED ABUSES.
[CHAP. XV.
which are not believed to have been the result of any peculiar executive influence, but which were in the heat of discussion charged to that, and which led to a constitutional inhibition against the selection of a governor as senator. This, however, has been regarded as beyond the popular control, and inoperative. The succession of the Senate is a proper item of State history, and was as follows. As already seen, Lucius Lyon and John Norvell were elected Senators in 1835. By the allotment in the Senate when they were admitted, Mr. Lyon's term was made to expire in 1839, and Mr. Norvell's in 1841. The Legislature of 1839 elec- ted Mr. Porter, a Whig,-Mr. Mason, the Gover- nor, being a Democrat. In 1841, the Whig Leg- islative nomination was given to Mr. Gordon, the Lieutenant Governor ; but a secret arrangement was made by the Democratic members with some Whig members to support Governor Woodbridge, who was elected. The next vacancy occurred in 1845, when the Democrats were in power, and John S. Barry was Governor. Mr. Porter, of course, was left out. General Cass had returned to Michigan, and had been in 1844 prominent be- fore the Democratic National Convention as a Presidential candidate; and, through Mr. Van Buren's influence, had been defeated by Mr. Polk. He was so manifestly the proper man for senator that he was elected at once. In 1847, when Gov- ernor Woodbridge retired, Alpheus Felch was Governor. He had been Auditor General and
537
CHAP. XV.] SENATORIAL ELECTIONS.
Judge of the Supreme Court, resigning his latter office upon his election as Governor, in the fall of 1845. The Legislature of 1847 elected Gover- nor Felch to the Senate. This was the second instance of a governor thus honored.
In 1847, Epaphroditus Ransom, then Chief Justice, was elected Governor, and assumed his executive duties in January, 1848. General Cass was that spring nominated for the Presidency against General Zachary Taylor, and resigned his seat in the Senate. The Legislature was not in session, and the power of appointment fell to the Governor, who appointed Thomas Fitzgerald to fill the vacancy until the Legislature should meet. It was then thought, by those who anticipated the election of General Cass, that Governor Ransom would become the colleague in the Senate of his predecessor in both offices, Governor Felch. General Taylor's election, as it did not change Michigan politics, left General Cass again the most suitable choice for the Senate, and he was again elected by common consent. No other Senatorial elections took place until after the new Constitution took effect.
In these cases Governor Woodbridge was elected by the opposing party, and Governor Felch never was suspected of being elected on any ground but his fitness for the place. The fear that one office would be used to obtain another, was not based on any actual success of that kind. But when people become suspicious,
538
CORPORATE MONOPOLIES
[CHAP. XV
and look out for grievances, any hint will arouse their suspicions.
Another evil was more obvious. The existing Constitution prevented general corporation laws, and no corporation could exist without special charter. In the early days of the State, railroad and bank charters were given to any one who asked them, and so were charters for all pur- poses. These charters contained no personal liability clauses, and were generally very ill- guarded against abuse. As contracts, they had become irrevocable. A host of banks had failed, and now there were not over about half a dozen in the State, and their charters were approaching an end. There was a great popular fear of their multiplication, and some jealousy of their renewal. The new railroad companies had been given very liberal charters when they bought their roads from the State, and there were strong assurances against competition. As the necessity for new roads arose, there were difficulties about securing
charters. It was found that at each session the Legislature was beset by an importunate and ag- gressive lobby, who became an intolerable nuis- ance, and threw suspicion on the honesty of every thing they favored. Charges were freely made of corruption, and a decision, either for or · against a corporate interest, was subject to be impugned. All these scandals arose from corpor- ations under special charters, or persons desiring or opposing the grant of new charters. A very
539
CHAP. XV.] NEW CONSTITUTION. SLAVERY.
general feeling was aroused in favor of changing this system, and making provision for general corporation laws, creating no individual privileges.
These and other less defined discontents led to the calling of a new Constitutional convention, which met at Lansing in 1850, and prepared the Constitution under which we now live, which was adopted by popular vote, and took effect on the first of January, 1851.
The period between the Mexican war and the adoption of the Constitution of 1850 was largely taken up with discussions on the question of slavery in the Territories, and this postponed the civil government of New Mexico, and California and the other acquired lands, until settled by the Compromise of 1850. The Michigan Legislature passed repeated and strong resolutions in favor of' suppressing the slave trade in the District of Columbia, and preventing its existence in any of the acquired territory. In 1850, the admission of California as a free State was insisted upon, and the question of passing measures of harmony was entrusted to the discretion of the Senators and Representatives in Congress. This resolution and one in favor of the free navigation of the St. Lawrence, closed the work of the last Legis- - lature under the old Constitution.
CHAPTER XVI.
MICHIGAN UNDER THE CONSTITUTION OF 1850.
THE Convention which met in 1850 agreed upon a constitution, some parts of which were re- enactments, although in different language, of what had already been in force. Some very important changes, however, were introduced, and some re- markable restrictions.
The judicial system was changed by making, for the present, eight circuit judges, (whose number might be enlarged) with supreme court powers, instead of supreme court judges with circuit powers. The judges were to hold office for six years, and the courts were to have law and equity powers. County courts were abolished, and the jurisdiction of justices of the peace was raised to three hundred dollars, with power to increase it to five hundred dollars - subject to such exceptions as should be provided by law. After six years, a separate supreme court with four judges, was authorized to be created. The Upper Peninsula was under the jurisdiction of a district court, which might ultimately be changed to a circuit court. Grand juries were not abolished, but it became lawful to dispense with them. Im-
541
CONSTITUTIONAL PROVISIONS.
CHAP. XVI.]
prisonment for debt, except in cases of fraud and fiduciary or official misconduct, was forbidden.
The sessions of the Legislature were to be held once in two years, instead of annually, and both senators and representatives to be chosen for one legislative term. Representatives were to be elected from single districts, except that in cities and townships entitled to more than one member, all were to be chosen by one ticket. Special acts of incorporation could no longer be passed except for municipal purposes. All other than municipal corporations were to be organized under general laws. Every law was required to be con- fined to a single object, specified in its title, and not to take effect within ninety days after the adjournment of the Legislature, without a two- thirds vote of all the members elected to each house ; and the yeas and nays were required on the passage of all statutes. Amendments could only be made by re-enacting at length the section as amended. No private claim could be audited or allowed by the Legislature, and a two-thirds vote was required for every act appropriating money to private or local purposes. License laws for the sale of intoxicating liquors were forbidden.
All revenue for ordinary purposes was re- quired to be raised by annual taxes, but specific taxes on corporations were to be applied on the State debt, and after its extinguishment paid over to the primary school fund. All interest on the educational trust funds was payable out of specific
542
CONSTITUTIONAL PROVISIONS.
[CHAP. XVI.
taxes. No debts (except for war purposes) could be incurred beyond fifty thousand dollars, and the State could not aid or be interested in either corporate stock, or works of internal improve- ment, except in expending grants for the latter purpose. State credit could not be loaned or granted in aid of persons or corporations. Taxes (not specific) were to be levied on property assessed at its cash value.
Agricultural leases, upon rents, were confined to twelve years, and corporation lands, except where used for corporation purposes, could not be left unsold beyond ten years. Careful guards were placed upon the subjecting of private pro- perty to purposes of public utility.
No revision of the statutes was to be made, but compilations of existing laws were permitted. This was done by Judge Thomas M. Cooley, in 1857, and by Judge James M. Dewey in 1871.
All State and judicial officers were made elec- tive, subject to impeachment for misconduct. Judges were made removable, on the concurrent resolution of two-thirds of both houses. By a subsequent amendment, other State officers were removable for misconduct, by the executive.
The Governor had, as before, the qualified veto power, and a power to reprieve and pardon after conviction, (except on impeachment.)
The elective franchise was originally confined to white male citizens, and persons who had
543
CONSTITUTIONAL PROVISIONS
CHAP. XVI.]
declared their intentions to become citizens six months before election, and resided in the State two years and six months. Civilized native Indians not connected with any tribe could also vote. By subsequent amendment, the word " white" was stricken out, but an amendment permitting women to vote was defeated.
The school funds were provided for as before, except that the ultimate destination of specific taxes and of the proceeds of escheated lands, was to be added to the primary school fund. Free schools were to be kept in each district, at least three months in the year. Provision was made for an agricultural school, for benevolent institu- tions, for the Normal School, and for public li- braries in every township, and all fines for the breach of penal laws were devoted to these libraries.
The University was put under an elective board of regents, consisting of eight members, elected at the same time and in the same districts with the circuit judges, except that the vote of the Upper Peninsula was attached to that of the third circuit. In 1863, the Board was made elective by the State at large, for terms of eight years, two members retiring every two years.
Homestead exemptions of property to the value of fifteen hundred dollars, (not alienable or subject to incumbrance except by joint act of husband and wife if belonging to married persons,) were secured; and the property of married women was
544
CONSTITUTIONAL PROVISIONS.
[CHAP. XVI.
secured to their sole use. Aliens bona fide resident were given the same property rights as citizens.
Salaries of circuit judges, legislators, and exe- cutive officers, were permanently fixed; and sev- eral provisions were adopted to exclude them from leaving one office for another. Stationery allowances to the Legislature were limited, and public contracts were confined to the lowest bidders.
This Constitution was much more specific than that of 1835, and some of its provisions, - espe- cially in regard to salaries, - have been found troublesome. The guards against loans beyond fifty thousand dollars, to meet revenue deficiencies, were, on one occasion, when the treasury was depleted by embezzlement, only prevented from ruinous mischief by private liberality.
The history of the State, since the new Con- stitution was adopted, has been prosperous but not eventful, and there have been few striking occurrences. Its release from the dangers of debt and extravagance in public works, has left the public business chiefly confined to the legitimate oversight of the general interests. The expendi- ture of grants of land for various works of im- provement has involved some trouble and difficulty, but no considerable pecuniary dealings. There have been no home disturbances to break in upon the public tranquillity, and not many cases of gross official misconduct requiring the interposition of the criminal laws. Nevertheless the course of
545
CHAP. XVI.] SUCCESSIVE GOVERNORS.
affairs contains some things worth recording as important if not remarkable.
Under the Constitution, Governor Barry con- tinued in office until 1852. In 1851, an election was to be held for a Governor to hold a single year, until January, 1853, when the regular bi- ennial term was to succeed. Robert McClelland was elected for the short term, and re-elected for the next two years, (1853-4,) and Andrew Parsons was elected Lieutenant Governor. These were succeeded by Kinsley S. Bingham in 1855, Moses Wisner in 1859, Austin Blair in 1861, Henry H. Crapo in 1865, Henry P. Baldwin in 1869, and John J. Bagley in 1873.
The sessions of 1851 were mostly devoted to such legislation as was necessary to accommodate matters to the changed Constitution. Attention was, however, called to the increased necessity for a canal round the Falls of St. Mary's River; and Congress was addressed upon the subject. Reso- lutions were also passed, both in 1851 and in 1853, calling upon the United States to protect the Ottawa and Chippewa Indians in their Mich- igan settlements, and asserting their quiet character and advancement in industry and civilization. The swamp lands which had been offered upon certain conditions by the United States were also accepted. By a series of laws since passed, these lands have been brought into market, made accessible by roads, and largely disposed of to settlers on liberal terms. Many if not a majority of these
35
546
SAULT CANAL. UPPER PENINSULA. [CHAP. XVI.
lands have become or will become habitable, and valuable.
In 1852, the United States granted 750,000 acres of land to build a ship canal at the Sault de Ste. Marie. The State let the contract to re- sponsible parties, for the appropriation, and the canal was at once put in course of construction, and finished in the spring of 1855. Its effect was immediate in reducing mining expenses, and in furnishing inducements to open and settle the country. The towns began at once to increase, and the subsequent growth of the iron and copper regions was rapid. The work has since been enlarged and improved at the expense of the United States government.
In 1859, reports were received leading to the belief that an easy communication could be had with the Pacific by water ways and natural roads, requiring no improvement. It was stated that a gentleman had come over from Puget's Sound to St. Paul in a wheeled vehicle, in a very short time, having met with no obstacles whatever .to hinder his journey. After examining into the facts, the Legislature memorialized Congress to establish a tri-weekly mail between St. Paul's and Puget Sound. The Northern Pacific Railroad had not then been thought of.
The Upper Peninsula, as already suggested, was for a time connected with Wayne County, for the purpose of electing regents of the Univer- sity. This arrangement was made because, al-
547
BEAVER ISLANDS
CHAP. XVI.]
though geographically distant from Detroit, the business connection was closer than with any other part of the State. This led to another arrange- ment, made on the same grounds of convenience. In 1853, the Counties of Emmet and Cheboygan were organized. Under the new Constitution they could not longer remain connected with Mackinaw, as that was in the Upper Peninsula, and no other organized county was convenient. They were accordingly attached to the Third Circuit. But the real purpose of some of the parties concerned arose out of a remarkable condition of affairs. The Beaver Islands, in Lake Michigan, were anciently the principal seat of the nation of the Beavers or Amikoué, a tribe at one time held in very high esteem, as supposed to be descended from the Great Beaver. He was a mythological
being held second only to Michabou, or the Great Hare, the most powerful spirit in the catalogue of Indian divinities. When the remnant of the tribe retired to Manitoualin Island, in Lake Huron, they were succeeded in their old home by a band of Ottawas, who in Charlevoix's time had become good farmers, and emulated the Hurons in agri- cultural labors. During the Pontiac war it was in close union with the settlement at L'Arbre Croche, and was then, as it was long after, a place held in some sort of mysterious reverence. By the Treaty of March, 1836, with the Ottawas and Chippewas, the Beaver Islands were specially reserved for the Beaver Island Indians, The
548
MIGRATORY JURISDICTION.
CHAP. XVI.
Senate, in confirming this reservation, with others, undertook to limit it to five years, unless permis- sion was given by the United States to remain longer. If made with white men, this would be regarded as a somewhat singular method of deal- ing with treaties, unless subsequently ratified. How far any steps were taken legally under this change in the treaty it may not be easy to deter- mine. But in 1847, a township was created called the Township of Peaine, including the Beaver Islands as a part of Mackinaw County, and establishing the place of meetings at Beaver Island Harbor, "at the store of A. Cable." The Constitution of 1850 placed all the islands in Lake Michigan in the region known as the Upper Peninsula. But in 1853 the County of Emmet (formerly named Tonedagone from a chief of note,) was organized, and the Township of Peaine was expressly recognized as a part of it. The county was attached to the Third Circuit, and the judge of that circuit held court at St. James, the principal settlement and county seat, on the largest Beaver Island. In 1855, Manitou County was organized, out of the various clusters of islands in the northern part of Lake Michigan ; and St. James was made the county seat until another was provided. In 1871, after having been organized six years, the county was attached to Mackinaw for court purposes, " until other provision is made by law for holding a court in said County of Manitou." In 1865, it was attached to Leelenaw. It has since become independent again.
549
CHAP. XVI.] MORMON KINGDOM.
To understand this curious handling, it may be explained in part by the colonization of the islands. While there were some settlers on Beaver Island, who, whether rightfully or wrongfully there, were carrying on business peaceably, fishing and trading, and in some instances farming, their quiet was disturbed by the arrival of a considerable body of Mormons, who had seceded from the main body, and had come to establish a kingdom in the old seat of the Indian Manitou. Their monarch was King James the First-known to other mortals as James J. Strang. He established his court at St. James, and became an autocrat. The unfortunate Gentiles, who had no legal title to their lands, but who were probably expecting to pre- empt them, were crowded off the island, and treated as roughly as it was safe to treat them, being robbed in such a way as to render it difficult to establish any case against the wrong-doers. Here for a time the isolation of the islands rendered it easy to carry out the royal plans, and the domain became in a certain sense prosperous under its politico-ecclesiastical monarchy, which absorbed a lion's share of the gains. Good stock was intro- duced,-a newspaper established,-and the press used for home purposes. Outsiders were not desired or welcome. This state of things first came into notice when the fishermen of Mackinaw, and others engaged in various interests, came in collision with the islanders; and a bitter feud arose, but the Mormons held their own. No
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.