USA > Michigan > Wayne County > Detroit > The city of Detroit, Michigan, 1701-1922, Vol. I > Part 28
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The adjourned meeting of the assembly was called for September 16, 1799, but on that day there were not sufficient members on hand to form a quorum
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and it was not until September 23d that the session opened. No members from Detroit were present at the opening session. Solomon Sibley appeared on September 28th and Jacob Visger first voted on November 18th, but Wiswell did not appear at all.
One of the laws enacted by this body on December 2, 1799 authorized justices of the peace to try cases brought for the collection of small debts. This is the only act of interest to us at this time. The council adjourned on the 19th of December.
Some of the papers connected with the election of Solomon Sibley, several being personal letters, the contest of James May, also the papers connected with this session of the assembly and the instructions to the members from Detroit, and the return of the grand jury of March 9, 1797, are very interesting and without further comment are here copied in full.
"A STATEMENT OF FACTS FOR THE COMMITTEE TO WHOM WAS REFERRED THE PETITION OF JAMES MAY ESQ.
"Ist. Undue and corrupt measures were taken by the friends of Mr. Sibley to promote his election. To establish this charge Mr. May expects to prove that spirituous liquors were provided by the friends of Mr. Sibley at different places in Detroit which were given out liberally to all those who could vote, or procure votes for Mr. Sibley. That several persons were taken to the houses where these liquors were provided, and induced to drink till they became in- toxicated, and in that state were taken to the poll and their votes received for Mr. Sibley, and that some of these persons have since declared that had they known what they were doing at the time they would have voted for Mr. May. He expects also to prove that evident partiality was used in the mode of receiving the votes, by admitting all those who declared in favor of Mr. Sibley to give in their votes with but little and in some cases with no examination and by exercis- ing an improper rigor in scrutinizing the qualifications of all those who offered in favor of Mr. May. In support of the same charge he expects also to prove that a number of discharged soldiers, some of them armed with clubs, resorted to the place where the election was held and behaved with such insolence that it became disagreeable and even dangerous for his friends to attend the election.
"2nd. There was a greater number of illegal votes taken for Mr. Sibley than the majority returned in his favor.
"3rd. Several persons possessing the legal qualifications of voters were denied the privilege of voting after having declared themselves in favor of Mr. May.
"4th. Mr. May has been informed that Mr. Sibley does not possess a free- hold estate sufficient to qualify him for a seat in the House of Representatives, but as a negative cannot be proved he requests that Mr. Sibley may be called on to show his qualifications in this respect."
"Detroit, 23rd Jan., 1799. "No. 1.
"Solomon Sibley Esq.,
"Sir:
"I have to inform you that the second election and of which you had knowl- edge before you left this place, ended considerably different from what I expected. You will recollect that a meeting was held, by a few of the Citizens of this Town the night before you left this place, in which it was thought proper to support Col. Vol. I-17
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Shibert (Chabert) and Jacob Visger, as Candidates in the then approaching election. This premature meeting gave universal offense to the English people.
"The inhabitants of River Rouge, on whom solely depended the Count of the election (the other settlements not being able to attend) thought it unjust that they should be bound by the Act of a very few, to support Candidates by no means agreeable to their wishes. They therefore held a meeting at said River, and firmly resolved that unless they could vote for one person of their liking, they would not vote at all .- Their reasons were these:
"They said they had already chosen one person who was agreeable to their wishes, and in whose integrity they had the fullest confidence; that if they could elect another person of their wishes, they would be content, and also join with almost any party in electing a third, trusting that the exertions of two would always be able to counteraet those of only one.
"The next morning after their meeting I was consulted by a committee from said meeting to know if I would serve if I was chosen, as I was the person in whom they were, to a man, united.
"I gave them for answer that, notwithstanding there appeared the greatest inconsistency in supporting Col. Shibert, (he labouring under the same difficulty as Mr. May) I did not wish to put myself in opposition to so good a man; nor would I do it, but told them that they were at perfect liberty to do as they pleased respecting me, and that if I was elected by the free suffrage of the people I would serve them to the best of my abilities. The first day of the election but 25 votes were given to all the candidates, who were Col. Shibert, Mr. Visger, Bofait Jun'r (Beaufait) and myself. The R. Rouge did not vote the first day.
"The second morning of the election I wrote the Judges of Election the follow- ing words verbatim 'Gentlemen, Notwithstanding the gross absurdity in sup- porting Col. Shibert, the subseriber has no inclination, nor is it his wish, to be considered a candidate in the present election, but is entirely willing that the Election, as respects one member, should (as he sincerely believes will) fall to the ground.' Signed, Wiswell.
"However the people of R. Rouge were determined to persevere, and to carry their point with greater certainty, agreed with Bofait's friends to support him if in return they would support me and as a proof of such agreement, two or three of the R. Rouge did actually vote for me and Bofait. Visger finding that the votes were going against him, requested of several of the principal persons of R. Rouge to give their votes to him and not to Bofait and that in return he would give all his influence to me, deeming it useless to vote for Col. Shibert, as he would not be eligible if elected. This being known C. Clemens and myself, with much difficulty prevailed upon them to give the other vote to Visger, which they did with reluctance, by which means he got his election, whereas had they thrown their votes away on some other person, I should undoubtedly led him in votes, and he would have had to contest either Bofait or Shibert. In return from Mr. Visger, we are certain that he did everything in his power against me in favour of Shibert, and altho' he voted for me himself, it was purely necessity, decency forbidding him to vote for himself. I will throw no reflections upon Mr. Visger any farther than request you to suspend your Judgment for the present on what- ever insinuations may fall from that gentleman, and that I am warranted in telling you that Jacob Visger's conduct has been such in the Election as that he never will be able to obtain the suffrages of the English people in the County of Wayne at any future election.
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"Before the election was closed Col. Shibert came forward and openly de- clined being a candidate, and at the close of the election Jacob Visger and myself were declared duly elected, certificates of which I have gotten.
"O. Wiswell."
"Detroit, 23rd Jan., 1799. "No. 2.
"Sol. Sibley, Esq., "Sir:
"In my other letter of same date with this, I gave you a full and I trust, a true statement of the proceedings and event of the election. I likewise informed you that I had gotten the Sheriff's certificate of being duly elected; but from several existing circumstances I have thought it not prudent to come in at present.
"First, it is pretty generally believed that the Session will be compleated before the Representatives can possibly arrive owing to the badness of roads and the long delay before starting.
"Secondly, I conceive the object when obtained a mere burden rather than office of profit.
"Thirdly, There yet is some doubt whether Shibert is not eligible, and until it is ascertained I think I may as well waive the matter.
"But notwithstanding the indifference with which I view it, I am, in duty bound to my friends, bound to claim all the privileges that are derived to a free people from that part of the Ordinance of Congress which respects the qual- ifications of members of Assembly. But my greatest dependence, and on which I most rely, is that the point, upon the decision of which I must stand or fall, will be tried before the present members arrive.
"In the present case it is not a contest of votes, character, abilities or acquire- ments; it is a contest of eligibility only. That Colonel Shibert has a considerable majority of votes, that he is a Gentleman, and a man of integrity, and every other way completely qualified, to sustain the important trust with honour to himself and justice to his Country and constituents is given up on all hands.
"I contend that the House of Assembly can no more deviate from the positive order of his General, and furthermore, whether there is or is not oppo- sition to a member, I conceive the House of Assembly are bound to take the Ordinance and religiously pursue it, whether it effect friend or foe. This much respecting the Election.
"I have only to request that you give us the earliest information respecting the business and also your advice on the same. If it so happens that Shibert should not be deemed eligible I wish you to write whether it will be necessary for me to come in immediately or not, as it will be very bad traveling at that time in all probability.
"I wish to observe that the English people are much dissatisfied with the nomination of magistrates that was handed you, and think that the remedy contemplated by the nomination will prove worse than the disease.
"I enclose to you a petition handed me by the people of River Rouge, the object of which you will take into consideration and if consistent, you will undoubtedly support it. I only observe that I think Mr. Cisne an honest man. Mr. Powers has signified to me that he would deign to accept of the appoint- ment of Chief Justice of Court of C. C. Pleas and Quarter Sessions provided he could have some other appointment which would make him a handsome
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support. At his request I signify the above to you, as I suppose it will be sig- nified some other way. I will observe that it is my opinion that if justice cannot be had only at the hands of Blackguards and men of the most corrupt and depraved principles, I am for having no Justice at all.
"Yours with professions of respect, "Oliver Wiswell."
"Private-
"Detroit, 24th January, 1799.
"My dear Sir,
"I have only time to tell you that I'm in the land of the living, and hope soon to hear from you, and of your welfare and how the business stands between you, and that Beast who went to endeavour to deprive you of your just rights, etc., etc .- Colonel Shebert (Chabert), Visger and Wisewell (Wiswell) were candidates at the last election. If Shebert is not eligible, of course Wisewell takes the seat. He has thought proper not to go on, and I think he is right, for this reason, if the Colonel don't take the seat, of course he comes in, and can go forward the next Session. The Devil to pay, and no pitch hot, since you took your departure from hence.
"I found it necessary to put a stop to the Inhabitants selling liquor to the Soldiery without permission. I issued an order and made it known to the people within the chain of my sentinels, that any person whatever, without respect to persons, should be tried by a General Court Martial, etc., etc. Dode- mead and others who have often been guilty of violating similar orders, are with the assistance of that dam'd Ptr. A-d-n, endeavouring to sour the minds of the people, and I am told that they are writing to the Governor, etc. I only wish you to let the old gentleman know what my wishes are in regard to my taking measures to put a stop to drunkenness, which has been the cause of the desertions which has so frequently taken place, owing entirely to those evil-minded persons who are constantly selling liquors to the men,-however, I have had no drunken men since the orders were published.
"Pray write me, and tell me all that is going at Cincinnati, and what you may get from other parts of the World. Mrs. S. wishes to be remembered to you. You have the Compliments of all the Gentlemen of the Garrison and Town.
"God bless you, etc., etc., "I am, Dear Sir, With the greatest esteem, Your humble servant, David Strong."
"Detroit, 23rd Feb., 1799.
" Dear Sir :--
"Since you left this place there has but few political events taken place worth relating to you, but perhaps a statement of a few of the transactions in conducting the late election may be of service. The friends to good order had a meeting soon after you left town at Mr. Dodemead's for the purpose of nom- inating two candidates. Mr. Ernest, Esq., in the chair and your friend B. H., clerk, Messrs. Chebert, Visgar, Wiswell and Brush were proposed as suitable persons and the meeting agreed to support the two former and Wiswell and Brush pledged themselves that they would abide by the nomination of our
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meeting, Chebert and Visgar were accordingly elected. It was suggested on the last day of election that the Judges could not give Colonel Chebert a certificate because he was not elligible and when the business was made known to him he came forward and declined accepting the office. Since the business was settled in this way the Prothonotary assisted by the Clerk of Quarter Sessions, Judge of Probate, etc., etc., persons in office have been busy in persuading Colonel Chebert to go to Cincinnati and claim a seat and have drawn up a petition to the House that is signed by the French inhabitants to give him a seat. I am told that the French are to petition the House of Assembly to establish French laws in this County the same code that was in use some twenty years past. All these things will undoubtedly be laid before you and treated with the attention they deserve.
"I calculate to leave town about the 15th February for New York and should be glad to receive a letter from you when in that City. If you write to me the 1st March and direct your letter to the care of Messrs. Church & Havens, it will be received.
"I continue with sentiments of esteem, Your humble obedient servant, Ben Huntington."
"Sir :-
"In the course of your attendance on the Legislative Body for the Terri- tory, I wish to recommend to your particular attention three interesting objects. "Ist. To see that no person in trade either directly or indirectly be ap- pointed a magistrate or Justice of the Common Pleas or Quarter Sessions, the enormous frauds and abuses of public justice that have been committed by persons in trade when vested with the authority of a magistrate have been the ruin of many families; this I know by experience to have been the case as well in Lower Canada as here, the measure of injustice caused the Canadians to murmur much and show opposition to the Government; things being truly stated to Lord Dorchester he ordered that every person being either directly or indirectly in trade, if a magistrate, should immediately be cashiered from his office, this measure has ultimately restored tranquillity in the Provinces of Upper and Lower Canada.
"2nd. That as all the public sales at auction in the Town of Detroit are at present confined or secured to one person (namely James May) Mr. Audrain having the granting of Licenses for that purpose, has already refused two others who had applied with necessary security, this partial piece of conduct is mater- ially injurious to the interest of the Government.
"3rd. That the public Monies of the County be removed out of the hands they are now in and put into the hands of some other person appointed by His Excellency. Wishing you a pleasant journey, an agreeable reception and safe return,
"I am most sincerely yours,
Patrick McNiff, Detroit, 6th Jan., 1799."
"To Solomon Sibley, Esq.
"I would further recommend your attention to any application that may be made from hence for having the Town of Detroit incorporated into a free
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borough; which if granted would have a tendance to reduce the authority of the Military at this Post, and would be extremely injurious to the inhabitants, and to the interest of the United States, it being a Principal Barrier Post, whose safety depends upon the military having the chief command here at least for many years to come. Therefore if a proposal of the kind should come forward to His Excelleney the Governor, wish you to use your influence against that privilege being granted for the foregoing reasons.
"I being the person in the late Committee who moved, that all the present judges and justices be removed from their present offices as magistrates, myself among the number, and such others as the Committee have recommended in our place be appointed. In that case have no objection to act with the new appointed magistrates, provided His Excellency thinks proper to reappoint me of the Quarter Sessions and Common Pleas, but with the former magistrates I cannot Act until I perceive they have banished partiality from their breasts when in office. I wish His Excellency to have reference to the statement I gave Gilman when here in May last.
"Detroit, 7th Jan., 1799.
"Patrick MeNiff."
"Detroit, January 23rd, 1799.
"Sir :-
"This will be handed you by Mr. Visger whom I return as one of our Repre- sentatives, and Oliver Wiswell I return as the other, Colonel Shabert Joncaire had the highest number of votes, but it was the opinion of the Judges that he was not eligible, he however goes on to contest the Election. Mr. Wiswell I presume has written you on the subject, it is however the general wish that he may be chosen a member of the Governor's Council. Mr. May's name was again introduced as a candidate, but rejected as he had gone forward to contest the former election. I think it but justice that I should receive an adequate compensation for my services in holding the elections, as well as the clerks, etc. The fees of a sheriff are so trifling in this County that they would not support a single person-you are well acquainted with the nature and situation of this County, and as well know the difficulties the Sheriff has to encounter, Witness the trip I had last Fall to Sandusky for nothing and attended with a heavy expense a few such jaunts would cost more than all I could make in a year, in the Spring, I shall be obliged to go or send to Mackinaw, in which if I should not succeed, will be a very heavy job and make me sick of the Office. I beg your friendly assistance in this business, and that you will be pleased to inform the Governor of my situation as well as the expensive living in this place. Per- haps the Governor can annex some other office.
"Mr. Powers and Major Winston are talked of as Judges, Powers says he will accept of the first seat on the bench if he can get some other office to help support his family. It is my opinion that there will be no Court at March Term, if new Judges are not appointed. George McDougall would be a very suitable person for one of the bench. I have no news but what Mr. McNiff has com- municated to you. Wishing you a happy Session, I remain with much respect, "Yours,
"Lewis Bond.
"S. Sibley, Esq.
"P. S. Write me first opportunity.
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"I would beg leave to mention Mr. Donovan for some office, his education and respectability entitle him to notice."
"To the Citizens Eleetors of the County of Wayne.
"Gentlemen :-
"Having accepted the appointment of Representative for the County of Wayne in General Assembly of this Territory, conferred upon me by your free and independent suffrages, Beg leave in this public manner to suggest, that it is customary in our republican government and I conceive proper and laudable, that the citizens eonvene, to consult upon subjects that materially concern their interest and welfare, and that of the publie at large, in order to give to their representative instructions-as it is the duty of every person, who accepts the suffrages of the people, faithfully to attend to the interest of his constituents. I hope the citizens of the County of Wayne will at all times feel themselves ready and disposed to give every needful information, so as to enable me to discharge my duty to their satisfaction.
"As the General Assembly of this Territory convenes on the 22nd of January next, I shall set out for Cineinnati within ten or twelve days. Trust the eitizens will not delay giving me their sentiments within that time.
"The publie's very humble servant, "Sol. Sibley."
"Detroit, Jan., 1799.
"Sir :-
"Permit me to congratulate you on your being appointed Secretary of Govern- ment for the Northwest Territory, and to introduce to your acquaintance my friend James May, Esquire, one of the Justices of our Court of Common Pleas and of the General Quarter of the Peace, and also Sen'r Cap't of our Militia. My official letter to his Excellency, the Governor, will inform you of the cause of Mr. May's journey to Cineinnati, and himself will give you any further explanation you may wish for. It is an unfortunate circumstance for the inhabitants of this County that either the Governor or yourself have not visited Detroit before our election-matters would have been conducted differently, our people would have understood their rights better and corruption would have been avoided, and faction silenced; if you ever visit this place, I will put it in your power to form a just opinion of our situation.
"Please to pres't etc., "Sir "Your very humble and most obedient Servant, "Peter Audrain, Proth'y."
Letter delivered to the Hon. William Harrison, Esq., Secretary of the Terri- tory, etc., ete., Cincinnati.
"Detroit, 20th January, 1799.
"Messrs. Visgar and Wiswell.
"Gentlemen,
"In conjunction with your colleague who precedes you on this business, I wish your attention to the instructions already given him prior to his departure from henee.
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"Next would request your united attention to the Six following particular objects in which are involved the happiness of the County in general and the interest and safety of its individuals.
"1st. That when a general Tax becomes to be levied on the Territory the Infant State of this County to be duly taken into consideration and as small a proportion of that sum as may be to be allotted to its share; the poverty of its inhabitants to be considered. People commencing to clear and improve new lands cannot be supposed to be wealthy.
"2nd. The Militia Law of the Territory as it now stands does not seem to answer the intended purpose, or the disposition of the inhabitants of this County, they are almost to a man refractory nor will they turn out either to a muster or exercise when called upon; the fine or punishment inflicted by that Law being so easy and inconsiderable that they would much sooner bear the consequence than obey the orders or call of their officers. The safety and indeed the prosperity of the County in a great measure depends upon the good order and discipline of the inhabitants; a thoughtful person cannot labour with any degree of courage when he finds that he cannot derive from the joint effort of his neighbours that protec- tion and safety which ought ever to exist in every civilized society. The in- habitants of this place have lived for many years past in a state of licentious freedom nor can they now bear to be checked; nothing but a more severe law can bring them to order.
"3rd. The situation of the County with respect to public roads to be taken into consideration; the present seat of Justice is at Detroit; the settlements ex- tending thence northerly to upper end of River St. Clair nearly sixty miles; and also from Detroit southwesterly to foot of Rapids of the Miami River nearly sixty miles. To those extreme parts of the settlements, there are but two periods in the year that persons from the seat of Justice can have access to them without the help of a water craft, viz: in the month of September by land, and in the winter when the waters are sufficiently frozen that the ice will bear; otherwise no access to those places but by water.
"The County thus situated it is clear that the Sheriff and other officers in the service, cannot go to those distant places the greater part of the year without go- ing to the expense of hiring a boat and hands, which would cost four times the mileage they are now allowed by law; should no provision by law be made to give relief to the Civil Officers of the County in such cases, I am apprehensive we shall not long have any to fill them offices.
"4th. Hitherto it has been a matter of public altercation and private investigation whether or not British Subjects now residing amongst us and possessed of fast taxable property within the Territory, were entitled to the privilege of voting in common with others for a person to represent their prop- erty within the County, they having been refused that privilege on a late occa- sion has created some murmurs amongst them. I do not find in any of the Ordinances of the United States or in any part of the Law of Nations referring to Aliens, that aliens have a right to any such privilege. In future to prevent contentions of this nature, there would be a propriety in the Legislature taking up the business, how far they are or are not entitled to any such privilege.
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