USA > Michigan > Outlines of the political history of Michigan > Part 9
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Detroit alone escaped capture. Pontiac had been very cunning in preparing a device to enable him and his warriors to get within the fort and destroy the English. They cut their gun barrels short and concealed them under their blankets, and sixty head-men thus equipped were allowed to enter the council house, their followers being left outside in the road, waiting for the signal. Major Gladwin had been warned, and had heeded the warning, and had learned what was to be Pontiac's signal for attack. As soon as he noticed the chief preparing for it, he gave a sign, and at once the drums beat and the soldiers handled their guns. The great chief was for once thrown off his balance, and could not conceal his chagrin. He and his myrmidons departed with lame
124
PONTIAC AT DETROIT.
[CHAP. VII.
explanations, while Gladwin abstained from showing the extent of his knowledge of their treachery. The next day Pontiac made a visit of ceremony, with the calumet or pipe of peace, which he left with Major Campbell on his departure as a token of sincerity. That afternoon he got up a ball- play, intending a stratagem like that at Mackinaw, but the garrison were on their guard and took no part in it. The next morning, May 9th, the French inhabitants went to mass at the church above the town, returning before II o'clock, and having then seen no signs of mischief. But the common around the fort was soon crowded with a multitude of warriors of all the neighboring tribes, and Pontiac approached the gate and asked to be admitted. He was told that he could come in himself, but not his followers. On say- ing that they wished to smoke the calumet, Glad- win gave him to understand, very curtly and plainly, that they must keep out. This ended the pantomime. The hate and wrath of the savages were no longer concealed; but they did not begin the war by attacking soldiers. They first ran across the common to the cottage of an old En- glishwoman, and killed and scalped her and her family. Hence they proceeded up the river to Hog Island,' and there found an old English
I This island was first named lle a Ste. Claire. Being infested with rattlesnakes, several hogs were turned loose on the island to destroy them ; and in time they in turn became numerous and very wild. This obtained for it the name of fle aux Cochons, or Hog Island. In 1845, a party of ladies and gentlemen on a pic-nic solemnly named it Belle Isle-its present title.
125
ALEXIS CUILLERIER.
CHAP. VII.]
sergeant named James Fisher, whom they also murdered. Tradition says that the dead man's body, which was decently interred by Canadian neighbors, would not rest, though covered more than once, but thrust out its imploring hands until quieted by the rites of the church.
A curious legal episode is connected with this murder. When the war was over, a Frenchman named Alexis Cuillerier (an ancestor or relative, it is believed, of the Beaubien family, their name being properly Cuillerier de Beaubien) was tried by a court of inquiry, and sentenced to banishment from the settlement for drowning Fisher's child. In 1769, Captain Turnbull (then commanding) pub- lished an order' recalling him from banishment, and ordering all people to abstain from charging him with guilt. The order recites that he was convicted on the testimony of a false witness, who is declared to have been found guilty of in- famous offences and utterly unworthy of credit.2
I Wayne County Records, A , 91.
2 This curious document, having been issued in French and English, (both originals), is subjoined in both languages as recorded. 'l'he verbal pe- culiarities were probably correctly preserved. The French copy gives the correct name of the accuser.
"By George Turnbull Esqre Capt. in His Majesty's 60th Regi- ment, Commanding Detroit & its Dependencies, &c.
Whereas Mr. Alexis Cuillierie has been wrongfully accused by Jnº Myer of having (during the Indian War of 1763) been Guilty of drowning a Child belonging to the late James Fisher ; the many Circumstancis in favour of Mr. Cuillierie that were at that time desinedly Conceal'd, but which have ap- peared since, together with the Testimony of several Creditable Inhabitants, Concerning the Infamous Character of that perjur'd Villain Jno Myer who has
126
VINDICATION OF CUILLERIER.
[CHAP. VII.
This gentleman was very intimate with Pontiac, and Parkman gives a description of him as a fan-
himself since given a very Glaring & but too Strong proof of said Testimony by premeditately Murdering James Hill Clark, Trader at the Miamis River, these and many other sufficient proofs Convincing me throughly of Mr. Cuil- lierrie's Innocence, I was determined then to recall him and revoke the or- ders Publish'd to his prejudice in Consequence of said fals accusation ; but thought it best, first to Communicate the Same to His Excellency General Gage, Commander in Chief of all His Majesty's Forces in North America ; Now, in consequence of Orders receiv'd from his Excellency, the said Mr. Alexis Cuillierrie is permitted to return and remain here unmolested as soon as he pleases And all manner of Persons are hereby strictly forbidden to seize, stop, injure, molest, or reproach under any pretence whatsoever the said Mr. Cuillierrie for or on account of the said Malicious & fals Accusation as they shall answer to the contrary on their peril
Given under my Hand and Seal at Detroit, June 4th, 1769.
For a Coppy sign'd GEORGE TURNBULL."
" Par George Turnbull Ecuyer Capt Commandant Le Detroit et Ses Dependences &c.
Comme Mr. Alexis Cuillierier a été Injustement accuzé par Jean Mayet, davoir pendent La Guerre Sauuage. fait noyer un Enfent, appartenant a feû Jacques fischer et que maleuresement toutes Les Circonstances en faveur du susdt Sr Cuilleries etoient dans Ce temps la Malicieuzement Cachées Mais qui ont Depuis paru authentiquement [par] Le temoignage de plusieurs Domiciliés Dun Caractere Irreprochable Concernant Linfame Conduite de Cet Indigne par Jure Jean Mayet, qui a par lui meme donné depuis des preuves Claires et Convinquentes des Temoignages Cydessus enplongean ses perfides Mains dans le sang de Jacques hill Clark Dans la riviere des Mis amis tout Cecy êt plusieur autres preuves Mayant entierement Con vincu Delinnocence du Susdt Sr Cuillieries Jetois Determine de le Rappeler et anuller Lordre que Javois donne et fait publier Contre lny en Consequence de la fausse accusation. Mais ayant pencé, quil etoit plus apropos, de la Communiquer a son Exelence Le General Gage, Commandant en Chef de toutes Les forces de sa Majesté dans Lamerique du nord Maintenant en Consequence des ordres Reçue de Son Exelence ; il est permis au- susdt Sr. Alexis Cuillieries de Revenir aussitot quil luy plaira, et y Rester paisible : il est donc en Joint et ordonné atoutes personnes quelconques de ne point Injurier, ou Reprocher La Moindre Chose, au Susdt Sr Alexis Cuilleries au sujet de la fause et Malicieuze accusation intenté Contre Luy tous Ceux qui Contreviendront a lordre Cy dessus en Repondront a leur Risque et peril.
Donné au Detroit le 4, Juin 1769
Pour Copie. Signé GEO: TURNBULL."
127
MAJOR CAMPBELL VISITS PONTIAC.
CHAP. VII.]
tastic and foppish person, whom the chief used as a tool.' The tradition, it appears, did him injustice. The settlers were generally on good terms with the chiefs, and in some instances they were no doubt unjustly suspected of plotting with Pontiac. Glad- win reported that several, whose characters always stood well in Detroit, were at the bottom of the plot, and guilty of the worst treachery; and Sir William Johnson, and Lord Shelburne, more than once repeated the charge,2 and some were very earn- est for their punishment. Our own writers, best informed, have not been satisfied of their miscon- duct. And until the final cession of the country in 1763, it is difficult to see any reason why they should have been active for the English.
At first Gladwin did not believe the outbreak was very serious ; and even after the Indians had attacked the fort, and been driven off with con- siderable loss, he attempted to negotiate. Messrs. Chapoton and Godfroy were sent with an inter- preter, La Butte, to parley with Pontiac. He com- pletely deceived them into supposing he was dis- posed to treat; and desired that Major Campbell. who was Gladwin's predecessor, and esteemed by French and Indians for his probity and fairness, should come to his camp. This officer, against Gladwin's misgivings,3 desired to go, and was ac-
I Conspiracy of Pontiac, p. 224. 2 7 N. Y. Doc., 600, 687.
3 Gladwin's conduct in permitting their departure was approved, as ne- cessary to enable him to get provisions for the fort-as he gained this advan- tage by temporising-7 N. Y. Doc., 617.
128
MCDOUGALL ESCAPES. CAMPBELL KILLED. [CHAP. VII.
companied by Lieutenant George McDougall, of his regiment. They went up to Pontiac's camp, at Bloody Run, where an angry mob set upon them, and if the chief had not interfered they would have been killed. He retained them as prisoners, and, instead of negotiating, immediately made prepara- tions to cut off any reinforcements which might come from below. He took Major Campbell with the canoes down the river. They intercepted the despatch schooner at the entrance of Lake Erie, and in making their attack on it placed the officer in the bow of a canoe as a screen between them and the vessel, to prevent her firing on them. The veteran called to the crew to do their duty without regard to him ; but a fresh wind carried her beyond pursuit, and she reached Niagara River in safety. Pontiac desired to make terms with the fort by using him as a hostage, but without effect. After the original treachery was discovered, McDougall, with a trader named Van Eps,' escaped. His older companion would not attempt it, being short-sighted, and fearing to im- pede his comrade. He was afterwards murdered by Wasson, a chief of the Chippewas. Pontiac was not a party to this crime, and regretted it.
The first force sent to aid the beleaguered town, under Lieutenant Cuyler, was intercepted
1 7 N. Y. Doc , 533. McDougall remained in Detroit. His two sons, Colonel George McDougall and Colonel John R McDougall were promin- ent citizens forty years ago. The latter was grandfather of Mr. Alexander M. Campau of Detroit. He owned the farm west of Meloches, near Bloody Run.
129
CHAP. VII.] MASSACRE OF BLOODY RUN.
at Pointe Pelée, and turned back.' In July, Cap- tain Dalzell, an aid of Sir Jeffery Amherst, arrived with supplies, and with 280 men, including, in addition to detachments from the 55th and Soth regiments, twenty rangers, all under the command of Major Robert Rogers. A heavy fog favored their landing. Dalzell on his arrival foolishly in- sisted on making a night march, and attacking the Indians in their camp. The secret leaked out, and Pontiac was advised of the plan. At two o'clock in the morning of July 31, 1763, 250 men marched out of the fort and up the River Road, protected in part on the river by two large boats with swivels. Two miles above the fort the road crossed a bridge at the mouth of a stream then known as Parent's Creek, but since as Bloody Run. The banks formed a ravine, through which the stream ran rapidly until it neared the Detroit River, when it spread out into a little mere, or marsh-bordered pond, narrowing at the bridge to about twenty feet, and being there quite deep. As soon as the troops reached the bridge they were assailed by a murderous fire, and the ravine became a scene of carnage. The darkness bewildered them, and they were compelled to retreat, fighting against ambuscades all the way, until they reached the fort again at eight o'clock, after six hours of marching and fighting in that short road. Dalzell?
1 7 N. Y. Doc., 526.
2 This officer's name is written Dalyell in many documents, and Dr. O'Callaghan takes Parkman to task for writing it Dalzell. The latter form is
9
130
SIEGE RAISED.
[CHAP. VII.
was killed while gallantly striving to save a wounded sergeant.
The battle of Bloody Run, though fought by a small force, was important in its results, and was a remarkable instance of a continuous hand to hand fight with Indians. The scene has now entirely changed. The stream has disappeared, and no relic is left but a huge tree riddled with bullets, which has not yet been sacrificed to city improve- ments.
The siege went on with various noteworthy episodes, which have been described by able writers, and which are too long in recital for this sketch. In October, the besiegers began to dis- appear ;1 and Pontiac retired to the Maumee coun- try, when he found the final treaty of peace was signed between France and England, and that no help could henceforth come from the French in Canada. But he still cherished some plans of mischief. The next year [1764] Bradstreet came with a force and relieved the worn-out garrison. He held a council with the Wyandots and other tribes, and made a treaty, in which, by the fraud or incapacity of the interpreters, they were made to acknowledge an abject subjection to the Eng-
also found, and is the original family name, sometimes also called Dalziel. In the days of the covenanters, one of their most savage foes was General Dalziel or Dalzell, a veteran who vowed never to shave his beard after the execution of Charles I., and who was as merciless as Claverhouse. Mrs. Grant, of Laggan, who knew him, calls the officer who was killed at Detroit Dalziel, and says he was related to the Dalziels of Carnwath .- Memoir of an American Lady, Ch. 51.
1 7 N. Y. Doc., 589, et seq.
131
WANT OF CIVIL GOVERNMENT.
CHAP VII.]
lish, which they never dreamed of. Bradstreet was a very unwise and arrogant negotiator, and his conduct was not regarded with approval. Sir William Johnson censured it severely in his Re- ports, as calculated to offend the tribes. By this treaty the land was ceded from Detroit to Lake St. Clair.1
The importance of Detroit was now fully recog- nized, and it was made the central point for all the western interests. The want of some sort of gov- ernment was felt, and representations were re- peatedly made by Johnson, Bradstreet, Croghan, Governor Moore, Colden, and all interested in American affairs. Dr. Franklin was also active in England in laboring with the Board of Trade to
1 7 N. Y. Doc., 649, 650. 674, 678. No one can calculate how much of the trouble between whites and Indians has come from the ignorance and ras- cality of interpreters. If there is no one that can detect their errors, they can and will make up such stories and give such versions as they choose, without regard to accuracy, and represent each side to the other as saying what is really colored or made up by the person whom each is obliged to re- ly on. The French missionaries and the officers long in the country were familiar with Indian languages, and were seldom if ever imposed on. But the sounds of the Indian languages cannot well be expressed by English forms, and the English negotiators, and most of the Americans, have been com- pelled to trust almost implicitly to their interpreters. Some of these, like Joncaire, La Butte, Henry Connor and Whitmore Knaggs, were men of char- acter and reliable. But many have been dishonest and ignorant. An in- terpreter will seldom admit that he does not comprehend any phrase that is used, and will always report something as dictated to him, whether truly or falsely. These men, too, are very apt to soften down or leave out phrases and charges that i are offensive, and put civil speeches in their place. It is evident this was done by Bradstreet's interpreter. Sir William Johnson, to illustrate the danger of relying on such persons, tells an anecdote of an oc- currence in his presence where when an English missionary gave out as his text that there was no respect of persons with God, the interpreter rendered it that God did not care for the Indians ; and Sir William had to intervene and translate the sermon himself. 7 N. Y. Doc., 970.
132
ROYAL PROCLAMATION.
[CHAP. VII.
establish governments there and elsewhere in the west, but without success.1
As soon as the Treaty of Paris had been rati- fied, the King of Great Britain issued a proclama- tion for the government of the various French possessions acquired by it. So much of Canada as constitutes what was afterwards known as Lower Canada, he established as the Government of Quebec, to be governed in the first instance by a governor and council, who were to establish courts and tribunals to decide all cases as nearly as possi- ble according to the laws of England, with an ap- peal in civil causes to the Privy Council. When circumstances should permit, an assembly was to be called. Lord Mansfield was very indignant at this action, as revolutionizing the whole laws of the Province,2 and introducing a system unknown to the people. Afterwards, in Campbell v. Hall, (Cowper, 204,) after four successive arguments, he decided that, although the old civil and criminal laws remain until changed, yet the King, until Parliament should intervene, had absolute legislative authority over conquered countries ; but that by this proclamation the sovereign had exhausted his powers, and could not legislate further. This last proposition is doubt- ful law, but it was followed immediately by the pass- ing by Parliament, (whose power was beyond cavil) of the Quebec Act, to be noticed hereafter.
The country west of Lower Canada, not ceded by the Indians, was by this proclamation to be
I See N. Y. Docs., and Mills' Report, passim.
2 Mills, p. 190.
133
MILITARY RULE.
CHAP VII.]
left unmolested for their hunting grounds, and no purchases were to be made from them except by public treaty for the Crown. Trade was to be open and free to all who desired licenses, under such regulations as might be established.
Provision was made for arresting and returning all fugitives from justice to the colonies whence they fled. There was to be no law or govern- ment west of Quebec, except under military con- trol.
As several cases had been decided in the English courts against even governors of colonies, who had overstepped the laws to the prejudice of citizens, the officers sent to Detroit before the Quebec Act had a wholesome fear of prosecution, and were generally very careful to keep within safe bounds. The case of Governor Eyre, (L. R. 6 Q. B. 1. Phillips v. Eyre,) who was sued for his course in the Jamaica troubles of 1865, and exonerated by a statute of indemnity, is the most recent attempt to enforce such liabilities.
It is not generally understood by our people that, after the war with Mexico, the Territory of New Mexico remained under military government until the territorial government was established by the Compromise Acts of 1850; and that it had a whole system of revised statutes, known as the " Kearney Code," which were passed by no legis- lature, and obtained their. only sanction from the general commanding that country. The British Parliament, at the time of the Treaty of Paris,
134
MILITARY RULE.
[CHAP VII.
was not much disposed to spend time in fostering colonial interests, and royal colonies had not then been more misgoverned than others. The Ameri- can Congress, after the treaty with Mexico, could not agree upon the territorial schemes before it. As some government was needed, the military rule, for the time being, was unavoidable, and General Kearney adopted a system which was in effect civil. But Detroit, before 1775, was not governed by any system whatever, and the com- manding general and his subordinates could do as they chose. Their course was generally mod- erate and reasonable; and although the inhabit- ants grumbled at the burdens laid upon them to keep up the fortifications, there were no extor- tions or peculations for private or doubtful pur- poses, as there were in many posts under the French control. Most of the British commanders were honest and reputable men, and obtained respect and good will from the people in their charge.
Bradstreet, with whatever deficiencies he may be charged, had sense enough to discover that Detroit was a point of much political as well as military importance, and needed some civil gov- ernment. His desire was that English settlers might be encouraged to come in, and that, whether held under civil or military control, there should be courts of justice established.1
I He wrote as follows : " All posts upon the banks of the lakes, from Niagara upwards, to be under the control of the officer commanding at De-
135
OPPOSITION TO SETTLEMENT.
CHAP. VII.]
But the idea, made prominent, that these were important for the advantage and protection of In- dian dealings, and that Indians would resort to them, was not very practicable.1 Their necessity for the whites was more apparent. The importance of introducing more settlers was continually urged by the well-wishers of the Province. But the trade interests of Great Britain were as much op- posed to encouraging American settlements as any of the French intriguers had been, and the future was not very promising.2
The distant officials were very vindictive against the French settlers, and if their sentiments had pre- vailed there would have been trouble at Detroit.3 But the gentlemen who were on the spot had more wisdom than to create disgust among the people with whom they were placed in intimate and friendly relations, and who, when they found their allegiance irrevocably transferred, demeaned themselves quietly and amicably. Care was taken,
troit ; and should Government judge it improper to establish a civil govern- ment there, and not encourage the colony, still some court of justice is neces- sary, to the end offenders, inhabitants, Indians, Indian traders and others, might be brought to justice, and punished hy a law that might prevent liti- gious snits, and satisfy the savages that the strictest justice is done them .- 7 N. Y. Doc., 691.
1 7 N. Y. Doc., 641, 663, 668, 691.
2 "The colony of Detroit grows fast, and the inhabitants have great influ- ence over the savages ; the removing them would occasion a general war with the Indians, and to leave them as they now are will take a great length of time before they become proper English subjects." This hint is followed by urging the introduction of British colonists-7 N. Y. Doc., 693
3 7 N. Y. Doc., 579.
136
SCOTTISH OFFICERS AND MERCHANTS.
[CHAP. VII.
however, to appoint British agents in lieu of French, over Indian affairs, and in the trade matters. Lieutenant John Hay, (afterwards Colonel and Lieutenant Governor,) was one of the first ap- pointed ; and when Pontiac afterwards came in and treated with the British, he specially requested that Hay and Crawford should be retained in the agency.
The Scottish officers and merchants became favorites with the Indians, for reasons similar to those which attached the tribes to the French. Many gentlemen of good family, but narrow means, came to America from the highlands and west of Scotland, where the old feudal relations had produced a habit of courtesy and kindness to inferiors, and a disregard of any claims of wealth alone to superior social consideration. These persons, although sometimes high-tempered and punctilious, were much more careful to avoid giving offence to the Indians than some of their English associates were. The subsequent history of the country shows them to have had more intimate relations with the French also. And when the Americans succeeded to the possession of this region, the Scottish merchants far outnumbered all the rest, and there were found among them representatives, and subsequent inheritors, of the best houses in Scotland.'
" Angus Mackintosh, of Detroit, inherited the estates which belonged to the old earldom of Moy, the earldom itself having been forfeited in the rebellion against the House of Hanover. Being entailed upon heirs male general, and the direct line failing, it was found that Angus Mackintosh
137
COURTS OF INQUIRY.
CHAP. VII.]
Bradstreet, while at Detroit, made military appointments in the militia, and held courts for the trial of persons who had favored Pontiac and adhered to him during the war. There were probably no capital sentences, but such as were convicted were banished. This was perhaps the time when Cuillerier was condemned.
The courts, so far as we find any trace of their proceedings, were called courts of inquiry, and there is some reason for supposing they were made up in occasional instances, if not gen- erally, of a jury, instead of being confined to military officers. There are some references which indicate the use of a mixed jury of French and English, after the fashion of the jury de medietate linguae, formerly used for controversies with aliens. Sir William Johnson refers to the conviction of a trader by court of inquiry, for using false weights, and it appears that he set the Commander at defiance, and threatened him · with legal prosecution.' It was such occurrences, and the uncertainty how far an officer could safely go in punishing civil offenders, which led to strong appeals from Johnson, and Governor Moore, for some tribunals for dealing with crim- inals in the country outside of the Quebec Gov- ernment. The eastern colonies, acting on the principles of the common law, could punish no
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