USA > Michigan > Wayne County > Detroit > The city of Detroit, Michigan, 1701-1922, Vol. I > Part 24
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Here is shown the "spirit of '76" cropping out in the Canadian settlements.
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The town meeting was the cause of all the trouble that arose between the colonies and Great Britain, and if it was onee introduced into Canada, that colony, like the others, would soon be lost to the mother country. He continues:
"I have been working a hundred ways to get your fire bill passed, and this day I have brought something into the house which, I think, will succeed and answer the purpose. It is that whenever there shall be found in any space of half a mile square 40 houses therein, it shall be lawful, for the magistrate in quarter sessions to make regulations for the prevention of fire in that place. The great difficulty started in mentioning the name of the Town of Detroit: however, as the proclamation unquestionably, in my opinion, puts you in the county of Kent, I trust you will find no difficulty, as the bill is framed merely to secure Detroit."
On other occasions the independence of members of this first parliament an- noyed the court party and, of course, Mr. Smith, who represented the party. He writes on October 2d:
"Our house of assembly for the most part have violent leveling principles, which are totally different from the ideas I have been educated with. The neighboring states are too often brought in as patterns and models, which I neither approve or countenance-I think modesty should be the characteristic of our first assembly. I conceive it prudent, political and grateful and I am con- fident the contrary behavior won't succeed to do the country any good. What- ever may be the future prospects of designing men, we cannot, at present, exist without the assistance of Great Britain. She has ever shown herself a foster mother to her colonies and any procedure which I conceive tends to divide the interests of the parent kingdom and all her colonies, I will oppose with all my weight."
Most of Mr. Smith's constituents lived on the American side of the Detroit River and it is possible that if this letter had been made public at the time, a number of his adherents would have been displeased with his expressions, but in the absence of newspapers and reporters he was safe for the time being. As there was never a second parliamentary election in Detroit, Mr. Smith lost no votes here on account of this letter, or of others that he wrote on political topics. He had persistently argued in favor of a land tax, even against his own material interests, for he was a large landowner. On this subject of the proposed land tax, he wrote in his letter of October 20, 1792:
"I will certainly be acquitted for having proposed a land tax having at the very time a petition before the governor and council in the name of my father and myself for 6400 acres, which is since secured, or rather ordered in council. This circumstance will be the strongest proof that I have acted from principle and should malicious reports be spread, I beg you will promulgate my sentiments, situation and concern relative to the said land business. As to news here, we have none, not even a scandalous story. I expect you will be well prepared with memoranda for me in the spring, relative to what amendments you want in the present laws."
The Canadians felt themselves insecure in the possession of Detroit and the feeling of insecurity was growing day by day, as the States were complaining of the injustice of its retention. To be sure, Harmar and St. Clair had advanced against the Indians with two armies, apparently well equipped to combat with savages, and both armies had been routed and defeated, but the defeat was not a sign that the government was vanquished. It was apparent to the English
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government and to the Canadian and to the Indians themselves that the United States troops would be victorious in the end and that Detroit must, sooner or later, be turned over to the States. The military commandant at Detroit com- plained again and again that the fortifications could not stand the attack of even a small army and that if the Americans advanced beyond the Miami (Maumee) the British troops might as well evacuate the town, for they would be unable to hold it.
It is with Detroit alone that we are dealing now, and the formation of Wayne's army, the attempt of our government to negotiate a treaty with the Indians, the failure to effect the treaty, the advance of Wayne through the wilderness, the attempt of the British to stay his advance by building a fort on the Maumee and by aiding the Indians, the battle of Fallen Timbers and the rout and destruction of the Indians, will be narrated in another chapter.
ANTIPATHY TOWARD AMERICAN SYMPATHIZERS
At this time there was an embassy in England negotiating with that country to make a new treaty which should carry into effect the treaty of 1783, and which would result in the evacuation of the United States posts by British soldiers. This new treaty was not perfected until 1794 and in the meantime everything at Detroit which indicated the leaning of any citizen towards American interests was looked upon with suspicion and was likely to be followed with imprisonment.
The American envoys to the Indians, who sought to bring about a peace with them before Wayne began his march through the woods, were not permitted to visit Detroit, nor were they permitted to cross the Detroit River at its mouth, and not being able to effect a meeting with the Indians on the Canadian side, they were compelled to return to Congress fruitless.
Strangers at Detroit were watched and their actions commented upon. On April 2, 1793 one of the justices was approached by a citizen, John Miller, who asked permission to lay a complaint before him. The complaint was substan- tially as follows: Willam Erwin, "a man who lately came from the American states." formed the acquaintance of Miller and tried to persuade him to leave Detroit for the States, where he would make a gentleman of him. He asked Miller to go around the works (fortifications) with him and, as Miller refused, Erwin left the home at night and spent four or five nights in making investiga- tions. He told Miller a large army would soon come against the place. Appar- ently the story, however preposterous it was, was believed by the magistrate and a warrant was issued for the apprehension of Erwin. The acquaintanceship between Miller and Erwin commenced on the 10th of March and as the complaint was not made until the 3rd of April, Erwin had an abundance of time to make a detailed plan of the village and fortifications and leave for the States before the warrant for his detention was issued.
VISIT OF GOVERNOR SIMCOE
An event of considerable local importance occurred at this time. This was a visit to Detroit of Gov. John Graves Simcoe. The threats of certain hotheads among the Americans to attack Niagara and Detroit, induced Governor Simcoe to visit the place in order to ascertain the best means of opening an uninter- rupted communication between the two posts named. Governor Simcoe and suite left Niagara in February, 1793, accompanied by Capt. Joseph Brant, the great chief of the Six Nations, and a body of Indians. On the 18th of February
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he reached Dolson's on the River Tranche (Thames) and was received by the entire settlement. Upon their departure they followed this river to Lake St. Clair, and thence down the lake and Detroit River to a point opposite Detroit. Crossing the river, the party was received by the garrison and citizens of Detroit. Simcoe examined the fortifications and reviewed the troops, the Twenty-fourth Regiment, and remained in the place until February 25th, when he set out upon his return to Niagara. It is said that on his return he stopped an entire day on the site of the present city of London, Ontario, examining the place and sur- roundings with the idea of making it the seat of government, or capital, of Upper Canada.
SECOND SESSION OF PARLIAMENT
The second session of parliament met at Newark (Niagara) May 31, 1793, and continued until July 9th of the same year. The acts passed at this session were as follows:
1. An act for the regulation of the militia.
2. An act for the election of parish and town officers.
3. An act for laying and collecting assessments and rates.
4. An act for laying out and keeping in repair highways and roads.
5. An act to confirm and make valid certain marriages heretofore contracted in the country now comprised within the Province of Upper Canada, and to pro- vide for the future solemnization of marriages within the same.
6. An act to fix the times and places for holding courts of quarter sessions of the peace.
7. An act to prevent the further introduction of slaves.
8. An act to establish a court of probate, and also a surrogate court in every district.
9. An act to authorize the lieutenant-governor to appoint commissioners.
10 An act to establish a fund for salaries of the legislative council members.
11. Providing bounty for destroying wolves.
12. Appointment of returning officers.
13. Payment of salaries of members of the house of assembly.
Only a few of these acts were in any way interesting to the people of Detroit.
The first act adopted by parliament in its second session at Newark (Niagara) in 1793 was relative to the militia. While by its terms applicable to the entire district, it was probably confined, in its operations, to the country South of the Detroit River. Lists of militia living on that side of the river occasionally appear, but if any persons were enrolled on the Detroit side, the lists have yet to be un- earthed.
The second act is of more local importance. By the terms of this act, a pop- ular election was to be held on the first Monday of March in every year, at which time there were to be chosen a town clerk, two assessors, one collector, from two to six overseers of highways, a poundkeeper and two wardens. This election was to be called by any two justices of the peace in the district. The passage of this act clearly indicates that the New England idea of self government was in- stilled in the Canadians and that the court party represented by Mr. Smith, was unable to control the other members of the assembly. This bill, or one similarly worded, had been introduced in the first session and had failed of passage, being violently opposed by Mr. Smith, as indicated in his letter written on that oc- casion.
Vol. I-15
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By the terms of this act, if any person elected to an office refused to accept the same for seven days after being notified, he should pay forty shillings as a fine for his refusal. The law for the collection of taxes was not a land tax, as we understand the term, but each individual was taxed in proportion to the amount of property he had. The entire list of inhabitants was to be divided, by the assessors, into eight groups, the lowest group including only those whose property amounted to fifty pounds or less, and each group in the seale including citizens who-e property exceeded the next lower group by fifty pounds, so that the eighth group included all having property over four hundred pounds. A flat tax of two shillings six pence was levied on each one in the first class, and the amount increased in each elass to twenty shillings in the eighth class.
The justices of the peace in quarter sessions were directed to appoint a treas- urer to hold and disburse the taxes collected. This aet also provided that mem- bers of the assembly should each receive as wages the sum of ten shillings for each day that they were engaged in attendance in the house.
Every freeholder was compelled to work at least twelve days in each year in maintaining and repairing roads, and eight hours of labor was fixed as a day's work.
REGULATION OF MARRIAGES
The fifth act, relative to marriages, was of the utmost importance to Detroit, and the measure was introduced and urged through the assembly at the request of Detroit citizens.
There was no minister of the Church of England in Detroit at this time. On some occasions a chaplain would be, for a short time, attached to the garrison, but except on these occasions, no valid marriages had ever been solemnized by the protestants at Detroit. The marriage ceremony was constantly being per- formed by the commanding officer of the garrison. If he declined to act, it was performed by the adjutant. Sometimes the lieutenant-governor acted. All of these marriages were clearly illegal, and an attempt was made to pass a law that should legalize the past marriages and provide for future marriages. On the occasion of this act, Governor Simeoe wrote:
"The general cry of persons of all conditions for the passing of the marriage bill was such that I could no longer withhold, under the pretense of consulting any opinion at home, having already availed myself of that excuse for delay."
The act legalized all marriages performed "before any magistrate, or com- manding officer of a fort, or adjutant, or surgeon of a regiment, acting as chap- lain, or any person in any public office or employment, before the passage of this act." To take advantage of this act, it was necessary for the husband and wife to make oath of their marriage, giving the date of the same, and the dates of the birth of their children, if any, and this statement was to be recorded by the clerk of the peace. That such a record was made, we are certain, for there exist copies of one or two of the certificates, but a diligent search has failed to disclose the record itself.
Justices of the peace were authorized to perform the marriage ceremony in case no protestant minister resided within eighteen miles of the residence of the persons, and the justice was directed to keep a record of such marriages.
Chapter Six fixed the time of holding quarter sessions of the peace for the Western District in the town of Detroit, on the second Tuesday of July, October, January, and April in each year, and a court of special sessions of the peace was
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to be held yearly, on the second Tuesday of July, at Mackinac. The court of quarter sessions was a court composed of all the justices of the district, sitting en banc.
LEGISLATION ON SLAVERY
An act to prevent the further introduction of slaves was passed as Chapter Seven. The law permitting the importation of negro slaves was repealed. Slavery was not abolished, but in order to prevent a continuation of the system, it was provided that children born of slave mothers should abide with the master of the mother until the child was twenty-five years of age, and should then be free.
There were a large number of slaves in and about Detroit, and the agitation of freeing them excited their owners. It was necessary to make some satisfac- tory explanation of the proposed law to quiet the fears of the slaveholders of Detroit, and Mr. Smith explained in a letter of June 25, 1793:
"We have made no law to free the slaves. All those who have been brought into the province, or purchased under any authority legally exercised, are slaves to all intents and purposes, and are secured as property by a certain act of par- liament. They are determined, however, to have a bill about slaves, part of which, I think, is well enough, part most iniquitous. I wash my hands of it. A free man who is married to a slave-his heir is declared by this act to be a slave. Fye! Fye! The laws of man and God cannot authorize it.
" A marriage bill-a wolf bill-a parish officer bill-a probate bill-a com- mon pleas bill-and some others have gone through the house."
It is well to note that the terms of the emancipation bill as here outlined. The ordinance of 1787 provided that there should be no slavery in the Northwest Territory. As soon as Detroit was separated from Canada and was placed under the government of the United States, the Canadian slaves began to cross the river in the hope of reaching freedom. This law of Canada and Jay's treaty of 1794 were brought into play to force a return of these fugitive slaves, and both acts ran counter to the ordinance of 1787. It will be some time before we reach the period of Judge Augustus Brevoort Woodward, Michigan's first great chief justice, to whom these fugitive slave questions were submitted, and just such a man was needed to define clearly the meaning of these laws, and to construe them in conformity with each other.
On the occasion of the passage of this act, Governor Simcoe wrote:
"The greatest resistance was to the slave bill, many plausible arguments of the dearness of labor and the difficulty of obtaining servants to cultivate lands was brought forward. Some possessing negroes, knowing that it was very ques- tionable whether any subsisting law did not authorize slavery, and having pur- chased several taken in war by the Indians, at small prices, wished to reject the bill entirely. Others were desirous to supply themselves by allowing the im- portation for two years. The matter was finally settled by undertaking to secure the property already obtained upon condition that an immediate stop should be put to the importation, and that slavery should be gradually abolished."
The census of 1782 shows that there were then 179 slaves in Detroit and that they had nearly doubled in number since the census of 1773-nine years. It is safe to conclude that in 1793 there were more than three hundred slaves in the Detroit district and there was great reason to dislike any law which would set them free and thus deprive their owners of so much property. An inventory of
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the property of John Askin, made January 1, 1787, includes the following list of slaves owned by him:
Jupiter, a negro man. £150
Tom, a negro man. 140
George, a negro boy. 90
Sam, a Panis-blacksmith. 150
Susannah, a wench, and two children. 130
Mary, a wench. 100
Total
€760
PROBATE AND SURROGATE COURTS
A court of probate for the province of Upper Canada was authorized by Chapter Eight and over this court the governor, or lieutenant-governor, was to preside, but the governor was authorized to appoint "an official principal of said court " and a register and other officers to carry it on. This court could probate wills and grant administration on estates of intestates.
In addition to the provisions in Chapter Eight of the act for a court of pro- bate, provision was also made for the organization of a surrogate court in each of the four districts of the province and for the appointment of a surrogate to preside as judge in each district. This court, also, could probate wills and issue letters of administration. When a deceased person left property in any district other than that in which he resided, the estate was to be probated in the court of probate only and not in any surrogate court.
The judge and register were to receive fees for services in connection with the probate of estates, as follows: for seal to probate of will where the estate was three hundred pounds or under, sixteen shillings; if under one thousand pounds it should be one pound; and if over two thousand pounds it should be two pounds. Seal to any other instrument, thirteen shillings four pence; caveat, six shillings eight pence; inventory, the same, and citation, three shillings four pence.
The fees of the register in the same cases were as follows: seal to probate of will in all cases, six shillings eight pence; seal to any other instrument, three shillings four pence; filing caveat and inventory, same fee; citation, one shilling; collating will, six shillings eight pence; drawing bond, same amount; searching register, one shilling each year; for copying each page of eighteen lines, six words in each, one shilling.
The fee system was carried on in our own court of probate for many years, under somewhat the same form as above mentioned.
Chapter Eleven, which provided for the destruction of wolves and the pay- ment of a bounty for the same, contains a provision that was applicable to Detroit, and which was possibly inserted only because Detroit was in the Western district and consequently should have been excluded from the effect of all Canadian laws.
The aet, after providing for bounties for the killing of wolves in the province, contains the following: "Provided always, that this act shall not extend, nor be construed to extend, to the Western district of this province, nor have any force or operation whatever therein."
LIQUOR LICENSE FUND FOR LEGISLATIVE SALARIES
The last of the thirteen acts or chapters pertains to the establishment of a fund for the payment of salaries to the members of the legislature. This fund
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was to be raised by means of a license to sell liquors. Every person keeping a house of entertainment or selling liquors, was compelled to take out a license and pay therefor two pounds sixteen shillings, and to have written or printed over the door of his house the words "Licensed to sell wine and other spiritous liquors." He should also enter into a bond to keep a decent and orderly house. A failure to comply with these conditions was punishable with a fine of five shillings, "to be recovered before any justice of the peace," one half of the fine to be paid to the informer.
It was not long before this act was called into operation in Detroit. The fol- lowing correspondence will fully explain itself, except that the complaining witness was Antoine Dequindre, to whom had been given the cognomen of Dag- niaux, as it appears here and in other places.
"Detroit, 31st December, 1794.
"Sir: I am directed by the magistrates for the Western District to forward the subjoined case, with a request that you will favor them with your opinion thereon, as the issue awaits your determination. I have the honor to be, "Sir
"Your most obedient and very humble servant, "W. Roe, "Clk. Peace, " Western District.
"John White Esq.
"Atty-Gen., Etc., Etc.
"Case
"Dagniaux
VS
"Frazer.
"On information against def't. for retailing and selling one quart of rum on 20th. inst., and another on 21st. inst. without license.
"The fact proved on oath of Dagniaux.
"Query. Is the defendant punishable for so doing? If so, under what act, and to what amount?
"W. R., C. P."
The reply of the attorney-general was as follows:
Niagara, Jany. 19, 1794. (Evidently misdated for 1795).
"The attorney-general laments that he is not able to give the magistrates the information they desire. Notwithstanding he was the framer of the Act, he has scarcely a vestige of it in his recollection, owing to the multiplicity of business that he had to engage his attention during the session. And the Acts being taken to Lower Canada for the signature of the late Chief Justice (as speaker of the L. Council), whose immediate departure after the prorogation occasioned that omission, he cannot refer to the Act in question to enable him to answer the cases. The basis upon which he drew it was the 26th. of G. 2 c. 31, which regulates the manner of licensing public houses in England (and was to amend and inlarge the G. 2d. C. 28, probably to be found in Burns' J.) by which any magistrate is enabled to summon upon suspicion-and is enabled to convict on the oath of one creditable witness. The A. G. conceives that (because the nature of the offence demands a summary conviction) he adopted the rule of the English law-if it is otherwise it must have been altered by the wisdom of the Houses
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While writing this he recollects that Mr. Macomb is possessed of the act, and he presumes (by receiving this case) there is no mode of conviction expressed in it. Two principles will arise on that-if the latter law is not in the negative, the summary mode of conviction in the former is not abrogated. If the last act is in the negative, and yet does not point out a mode of conviction, it becomes a misdemeanor, and of course cognizable at the session by the way of indictment. But this is advising in the dark, and the magistrates will perceive that the want of the act precludes a definite opinion. He would therefore wish that the Clerk of the Peace would transcribe the part of the Winter express for as the Acts have not yet been returned, as expected, he fears they will not arrive till the Spring. The information may be taken on oath-which will save the limitation, if any in the Act. He begs to inform the magistrates that there must be the oath of one credible witness besides the information of the informant.
"J. White, "A. G.
"To the Worshipful, the Chairman and Magistrate of the Western District in Quarter Session Assembled.
"J. W."
OTHER ITEMS OF 1793-4
A few more items appear in the old records and files during the years 1793 and 1794. John Haydek, a sailor, belonging to the sloop "Beaver," absented himself from that vessel without leave of the owner or master from the 28th to the 31st of July, 1793. He was arrested, tried before John Askin, justice of the peace, convicted and sentenced to the keeper of the common gaol, "to be safely kept in said gaol for the space of 28 days" from August 7, 1793. The master of the "Beaver" was John Drake.
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