USA > Michigan > Outlines of the political history of Michigan > Part 34
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550
MORMON AFFAIRS.
[CHAP. XV1.
adequate means existed for bringing them to justice, by reason of some doubts touching their legal jurisdictional position ; and the local offices were all in the hands of the faithful, so that re- dress was hopeless there. At last a case was got up against them for an alleged interference with the United States mail; and the armed steamer Michigan was sent up from Detroit, with officers to arrest Strang and some of his chief followers. The complaint, however, was not legally well- founded ; and although the proceedings disclosed much that was not creditable, and many of the island people were shown up in an unpleasant light, it did not appear that they had violated the laws of the United States. Strang, as might have been expected from his influence over the people, turned out to be an intelligent and well educated man, of pleasing address, and free from any offensive ways among strangers; and he became personally popular with those who met him. He improved his time by becoming well informed on his legal condition and prospects, and appeared at the next Legislature as member from Emmet. He then procured the legislation which completed its organization, and detached it from Mackinaw, where everybody was hostile. His demeanor in the Legislature was such as to command respect, and he was reckoned a useful member. During the interval before the next Legislature, the feel- ings of the neighboring fishermen became very bitter, and the general course of things did not
551
SPOILING THE SPOILERS.
CHAP. XVI.]
change. But at last Strang was murdered, while entering the steam ship Michigan, which was lying at the wharf on the island. After his death, the people of the mainland revenged themselves on his followers by an organized raid, in which nearly everything removable was carried off as booty, and confiscated, or in the phrase of the captors, (borrowed from some former unpleasant island experiences of their own when they were victi- mised) " consecrated." The island was now in the Upper Peninsula District, and in the absence of any organized county government it was difficult to dispense justice there. Attempts were made at Mackinaw to bring the spoilers to a reckoning, but the prosecutions all failed for lack of evidence, and might also, perhaps, have been affected by
public prejudice. As lawlessness had only pre- vailed against what was believed to have been quite as bad or worse lawlessness, the result was not as shocking to the popular sense of justice as it would have been under other circumstances. The plunder included some valuable and expensive property,-among other things several handsome boats, and the largest and finest mules that were ever seen in the State. The subsequent legal condition of the islands, harried and abandoned, is easily accounted for, and their practical outlawry was not singular.
The whole upper country was for many years shut out from easy access, from seven to eight months in the twelve. The law required two
552
LAW IN THE NORTH.
[CHAP. XVI.
terms of court to be held in each year, in every county, and of course these came quite near together ; while, between the latest fall and earli- est spring or summer term, there was a very long interval. They were fortunate in obtaining, in the Honorable Daniel Goodwin, a judge of great legal knowledge and experience, who did business promptly, and was seldom appealed from. Neither judge nor bar resided in the Upper Peninsula ; and from November till May or June, legal proceedings were often left in very inexperienced hands. In a scattered population, containing very few legally qualified as jurors, it was sometimes troublesome to fill a panel of either grand or petit jurors who were both com- petent and disinterested. No county buildings were furnished in some of the counties, and in some the prison was unfit for winter habitation, if they had one at all. Accordingly it was inevi- table that many irregularities should exist, and that the people winked at things which they could not improve. In one county a serious riot occurred in midwinter, where the case went beyond the powers of a justice of the peace ; and a worthy gentleman who was circuit court commissioner assumed the duty recommended by the old saw, est boni judicis ampliare jurisdictionem, and tried and sentenced the offenders to a long imprisonment. As he was the only one who could issue a habeas corpus in the absence of Judge Goodwin, the imprisonment was as effectual
553
IRREGULAR JUSTICE. LIQUOR LAWS.
CHAP. XVI.]
as if it had been legal; and as it was deserved, the sentence was popularly approved. An action for false imprisonment was defeated by the re- moval of the defendant beyond any temporal jurisdiction; but the damages likely to be assessed by a jury of citizens for shutting up the disturb- ers of the peace would not have impoverished him if he had lived. A young Indian charged with murder (committed, if at all in an Indian carouse, and not aggravated) was allowed to go at large without bail for several terms, and regu- larly appeared promptly for trial until his case was heard. He was wofully ignorant of the customs of the whites in similar circumstances. Speedy and irregular remedies were not much blamed where there was great provocation; and the dangers of drunkenness among miners, which rendered it necessary to keep liquor-sellers away from the locations, sometimes led to their expul- sion in a way more summary than comfortable. With such temporary variations from the regular process of law, there was a general respect for substantial justice, and. for the judgments of com- petent tribunals, and no disposition to lawless wrong.
In 1853, a prohibitory liquor law was passed which was made to depend upon a popular vote, and was therefore regarded as not legally enacted. In 1855, a similar act was adopted by the Legis- lature, without popular intervention, and sustained. It continued in force until repealed in 1875, and
554
UNIVERSITY.
[CHAP. XVI.
replaced by a series of taxing and regulating statutes, which have been much more faithfully enforced, and have accomplished much good.
The new board of regents of the University were required to appoint a president, who, in addition to his duties in the college, was to be chairman of the regents, but without a vote. They selected the Rev. Henry P. Tappan, D.D., an accomplished scholar and able man, who remained in that post until 1863, when, after a prolonged controversy with the regents, arising mainly out of differences as to the prerogatives of his office, he was removed. His place was filled by the appointment of Rev. Erastus O. Haven, D.D., who in turn, upon resigning, was, (after an interval during which Dr. Frieze was acting president) followed by the present able and estimable incumbent Dr. James B. Angell. During Dr. Tappan's administration, the Univer- sity was more completely organized, several important changes were devised to enlarge and vary its courses of study, and it made great advancement. An observatory was contributed by private subscriptions, chiefly by his procurement, and the library, museums, and other accessaries, were increased and improved. His plans were
liberal, and his aims were very high. The Uni- versity has been conducted in the main according to the views with which he had planned to con- duct its scholastic courses, and its success is largely due to his liberal ideas. The unpleasant
555
LAW SCHOOL.
CHAP. XVI.]
difficulties which terminated in a change of presi- dents, necessarily led to much controversy and heat, among those who did not view them in the same way, nor understand all the facts alike.
In 1859, the law department was added, which completed the original scheme. Its principal aim is to teach the law in its various branches as now developed in this country from a common-law origin, historically and scientifically as well as practically. Its success has been satisfactory, and its pupils, who have been received from all parts of North America, as well as occasionally from foreign parts, have furnished their fair proportion of men of note, and successful lawyers. The faculty first chosen consisted of Thomas M. Cooley, Charles I. Walker and James V. Campbell, all of whom were then or since on the State bench. Judge Cooley has become eminent as a legal author. Judge Walker has, in addition to profes- sional eminence, rendered great public services in various departments of social science and philan- thropic labors and researches, and has exceptional familiarity with the history of the Northwest. Professors Pond, Kent and Wells are also dis- tinguished and scholarly lawyers.
The University fund, in 1837, received a loan from the State by an advance of $100,000 of bonds, the proceeds of which were used in build- ing and other preliminary outlays. Interest on this had been deducted annually from the income of the fund. By a transfer to the State of the
556
UNIVERSITY FINANCES.
[CHAP. XVI.
property in Detroit, now occupied by the city hall, and by the sale of a large amount of lands for interest-bearing State warrants which were cancelled, this debt had been reduced, and probably more than paid; but, either from misapprehension, or as was claimed, from a re-statement of the account, this interest, after the removal of the Capital and the re-organization of the State offices at Lansing, re-appeared as an annual charge, to its full original amount of six per cent. on $100,000. The Legislature of 1853, without at- tempting to settle the obscure facts, directed a remission of the interest for two years, which was afterwards made permanent. In 1867, a tax was authorized in aid of the University, of one- .twentieth of a mill on the dollar, which has since been continued, under a limitation that it shall not exceed $50,000 before the year 1881, when a new equalization of assessments will be made. In 1871, Governor Baldwin urged the claims of the Univer- sity very strongly upon the Legislature, and an appropriation was made to build a central univer- sity hall, which has since been completed. Gover- nor Bagley was instrumental in procuring further appropriations to complete the hall, and meet other pressing necessities.
The position of this institution, which is a necessary part of the system of public education, and which has been, nevertheless, mainly fostered by the United States endowment, will undoubtedly secure it liberal treatment in the future, and
557
CHAP. XVI.] HOMŒOPATHY. WOMEN ADMITTED.
place it, where it ought to be, as a thoroughly State institution, necessary to State prosperity, and entitled to the same liberal support which is due to all public instrumentalities that serve high and useful purposes.
There have been some subjects of warm dis- cussion which are now mostly settled. For many years a desire was felt by those who approve the homeopathic system of medicine, and who compose a considerable body of citizens represented in the Legislature, to have provision made for instruction in their tenets. The diffi- culty of introducing opposing systems into the same institution prevented for several years a pleasant solution of the question. By establishing a separate school at the University for teachinge the views of homeopathy, so far as they do not harmonize with other medical teachings, and by taking away from every professor any danger of responsibility for views which he does not approve, all reasonable ground for trouble seems to be removed, and justice is done to both systems.
The education of women in the University was also introduced after long doubting. When the controversy first arose, the Michigan University was found to differ from most of the colleges in the country in furnishing no rooms or boarding facilities to students. These were all expected to procure board and lodging for themselves, and re- sort to the University only for the purposes of attending recitations, lectures, and public exercises,
558
FEMALE EDUCATION.
[CHAP. XVI.
or for consulting books in the library. The adverse views of nearly all the other college facul- ties did not take this into the account. Most of the objections urged against the education of women and men in the same classes were theore- tical, and many were inapplicable to such a state of things as existed in Ann Arbor. The exper- iment was one which could not have been long postponed without creating worse difficulty, and it was felt that if it failed, after a fair trial, it could not at any rate do any serious harm to try it. The branches of the University had female scholars, and our union and high schools had found no trouble in teaching them. The exper- iment has been entirely successful. The ladies who have entered the University have been equal in all respects to their tasks, and have not been kept behind by either mental or physical dis- abilities. They have been treated with delicate respect by their associates, and have been entirely independent of any unwelcome companionship. The learning which sat so gracefully on Lady Jane Grey and Mrs. Somerville, and did not pre- vent the fair Professors of Bologna from possess- ing any of the feminine accomplishments, cannot unsex their successors now, and is as wholesome and harmless discipline, to those who choose it, as any other pursuit can be. And if there are men who think unworthily of women, or women who deserve no admiration, neither of them are likely to fall into such unworthiness in the pursuit of
559
JUVENILE OFFENSES.
CHAP. XVI.]
sound learning. The accomplishments which pro- duce no refinement are not those of the college class room.
The admission of women to the study of medicine has been so admirably approved by its results, that all who are not prejudiced beyond reason perceive how much has been gained by it.
There is one decided advantage among female students. None go into any of the departments of a university for the mere name of it. There are no attractions for any but those who wish to improve their faculties. It is not likely they will ever attend in as large numbers as men. But those who do enter will probably-as they cer- tainly have done heretofore-keep fully even with their classes. .
In 1855, the first steps were taken towards establishing a separate place of detention for young offenders. It has gone through different experiences, and has not been uniformly managed. In many cases, courts and magistrates have apparently lost sight of the rules of law which prohibit the punishment of children as criminals until they have reached years of discretion, and have allowed them to be convicted of crime when it was wickedly absurd to hold them to any such responsibility, and was in plain violation of ele- mentary rules of law. The gentlemen who have had the duty of managing the institution have been usually humane men, and have devoted time and patience to bringing good from the
560
YOUNG OFFENDERS.
[CHAP. XVI
system. As at present conducted, it is likely to
lead to important results. Such establishments are curses instead of blessings, when they fall into any but benevolent and patient hands ; and when they are made to follow the analogies of prisons, they present the shocking and cruel anomaly of punishing those who, if responsible at all, are only lightly responsible, more severely and for longer periods than old offenders. And what is still worse, they put trifling misdemeanors on the same footing with deliberate murder. Whatever benefits have been derived from this system have been due to the personal interven- tion of its managers and of the State executive. Its legal position, without this, leaves room enough for gross abuses. When first organized it simply provided a separate place of confine- ment for persons sentenced, when under fifteen years of age,-leaving the duration of each sen- tence to be governed by the general laws. Now the punishment for all juvenile offenders under 16 is by seclusion until they reach their majority, unless discharged by the Board; so that in the ordinary course of things, unless interfered with, the youngest children undergo the longest term of punishment. Until this becomes legally and entirely-what it has been made partially in good hands-an asylum and not a prison, its position cannot but be regarded as dangerously peculiar.
A most valuable and humane scheme was adopted in 1871, under the recommendation of
561
CHARITIES.
CHAP. XVI.]
Governor Baldwin, whereby much wiser provision is made for the prevention of juvenile depravity. A law was then passed to establish a State Public School, for dependent and neglected children. This is fixed at Coldwater; and the plan, which has been well devised and carefully put in execu- tion under the personal care of Governors Baldwin and Bagley, is apparently judicious, and well adapted to promote the welfare of the neg- lected young persons who are thus snatched from vicious surroundings. The appointment of State agencies to look after the cases of children charged with crime, and see that they are humanely and wisely dealt with, has added great safeguards against mischief.
A commission was also organized in 1871 for the general supervision of penal, pauper, and reformatory institutions, including also the asylums for the deaf and dumb, blind and insane. Hons. Charles I. Walker, Henry W'. Lord, Z. R. Brock- way and Usziel Putnam as commissioners, with the efficient services of Hon. Charles MI. Croswell as secretary, and with the active aid and sympathy of the executive, have already done great and good service in their beneficent mission. The progress of the State in works of benevolence and mercy, under the leading of its last and pre- sent Governors, has been very great, and creates a most honorable part of her history. More work of this sort has been done within the last eight years than in all her previous experience. It was
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36
562
GRAND JURIES DISCONTINUED
[CHAP. XVI.
contemplated by the founders of the State, and not neglected ; but within the last few years both education and humanity have received much more attention, and have been much more wisely and earnestly fostered than ever before.
In 1859, an important change was made in criminal prosecutions. Under the Constitution of 1850, grand juries had ceased to be obligatory, but had not been abolished. In 1857, a new criminal court was created in Detroit, and prose- cutions were allowed to be conducted in it by information. This change was introduced by Hon. Alexander W. Buel, who had principal charge of drawing up the charter. At the session of 1859, the same gentleman introduced a bill to extend the practice into all the circuit courts. This law allowed informations to be ·filed in all cases when there had been a regular preliminary examination, for felonies as well as misdemeanors. Thereafter grand juries did not act unless specially ordered and summoned. The effect of this change has not been bad in most cases. Nevertheless grand juries are seldom called unless at the re- quest of the Prosecuting Attorney. It is question- able whether any advantage has been gained beyond an apparent economy and-in some cases -an increase in expedition. The power left in the hands of prosecuting attorneys is not adequate- ly checked. A dishonest or timid attorney has too much opportunity to abuse his powers in both directions of prosecuting and abstaining from pro-
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563
REPUBLICAN PARTY.
CHAP. XVI.]
secution. There is a strong temptation to corrup- tion. While the system of informing has been not unwisely extended, there is no question but that grand juries, properly organized, prevent much vexatious litigation, and cause to be pursued some classes of offenders who escape by the non-action of some prosecuting attorneys. Criminal justice ought to be beyond the control of any single official. Instances are not unknown of prosecuting attorneys who have not done credit to their offices. If grand juries were called oftener, justice would not suffer from it.
During most of the existence of the State, the entire political control had been held, with respect- able majorities, by one or the other of the great parties-the Whigs or Democrats. The majority of the people had usually been decidedly opposed to allowing the encroachments of slavery beyond its legal limits, but as decidedly opposed to inter- fering with its vested rights. The Compromise of 1850 was acquiesced in, although not in all respects approved. In May, 1854, the Missouri Com- promise was repealed, and this action aroused great feeling. Soon after, in the summer of 1854, a convention was called at Jackson, of delegates from the Whig and Free Soil parties, which re- sulted in the formation of the Republican party. In the election that year, Kinsley S. Bingham was elected Governor, and held the office two succes- sive terms, being succeeded by Moses Wisner. In 1859, Governor Bingham was elected United
564
SLAVERY QUESTION.
[CHAP. XVI
States Senator, to succeed Charles E. Stuart. Zachariah Chandler, who had been Whig can- didate for Governor in 1852, was elected to the Senate of the United States, to succeed General Cass, in 1857. General Cass was about the same time made Secretary of State under President Buchanan.
The passage of the Kansas-Nebraska Acts was followed by a series of legislative resolutions, strongly censuring those who had voted for them, and insisting on the exclusion of slavery wher- ever within the control of the United States. At every session the questions were discussed, and the expression of opinion was uniform and decided.
The feeling was increasing that trouble might arise from the slavery question, as the friends of that institution became aggressive. In 1859, steps were taken to make the State military system more effective, by organizing camps of instruction, and increasing the number of uniformed com- panies. Various gentlemen of military experience devoted time to making addresses and visiting the principal towns, to arouse a military spirit. Among those particularly energetic in this work was General Orlando B. Willcox, who, while discreetly avoiding all reference to the peculiar danger which he had recognized from his army experience, was quite successful in awakening popular feeling in favor of better preparation for such emergen- cies as might arise. In 1860, when the signs of mischief were plainer, and the public feeling was
565
CHAP. XVI.] DEFAULTING TREASURER WAR.
strongly aroused, Governor Austin Blair, who was on the same ticket with Mr. Lincoln, obtained a majority of more than 20,500 over Governor Barry, who was his only opponent.
The Legislature of 1861, which was very strongly Republican, met under unfavorable cir- cumstances for State prosperity. John McKinney, the outgoing State Treasurer, was found to have embezzled the public funds, and left the treasury empty, and liable for large outstanding and press- ing debts. John Owen, the incoming Treasurer, at once made arrangements, by the use of his personal credit, whereby he kept the treasury in funds until provided from ordinary sources in due course of business, after a delay of some months. The Constitutional restraints on borrowing left no means of raising funds on bonds. This patriotic course saved the State credit, and enabled the State soon after, when a war-loan was needed, to borrow upon fair terms.
The Legislature of 1861 was occupied, during a large part of the regular session, with the dis- cussion of the affairs of the Union; and on the 2d of February passed resolutions asserting the supremacy of the Union, and its right and duty to resist treason, and pledging the resources of the State in the public service. As soon as the Southern secession ordinances were passed, the Legislature directed the immediate raising of two regiments for service.
566
MICHIGAN IN THE REBELLION
[CHAP. XVI.
Shortly thereafter the war opened by the attack on Fort Sumter, and Governor Blair at once raised a loan from private subscribers and began to organize volunteers,-the first regiment called' for by the general government being speedily equipped under the command of General Willcox. An extra session was called, which met in the beginning of May, and passed the neces- sary laws for raising money and troops. But before its meeting four regiments of infantry and a battery of flying artillery had gone into camp, and the First Regiment left for the seat of war on the 13th of May, fully armed and equipped, and was engaged in the unfortunate battle of Bull Run, where its colonel was wounded and captured, and afterwards detained in the Richmond prison as a hostage. From that time on, the State kept organizing and preparing troops in advance of the calls from the United States, and was well sustained in its efforts. The military history of the State is honorable, and has been thoroughly and carefully prepared. It is only necessary here to say that its troops in the field numbered 90,747, of whom 67,486 were born in the United States; 8,887 in Canada; 8,453 in Great Britain ; 4,872 in Germany, and 1,268 in other foreign dominions ; and that of these 13,405 died in service. It would be invidious to single out names where all were honorable. The State furnished her full share of men in high as well as lesser commands, and her soldiers of all grades
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