The government of Michigan, its history and jurisprudence

II Second Edition, Revised and Corrected

IB ^ST THE AUTHOR.

PUBLISHED BY MOORE & QUALE* Kalamazoo, Michigan.

.Us a

Entered according to Act of Congress, in the year 1874, by CHARLES R. BROWX, in the Office of the Librarian of Congress, at Washington. .

Table Of Contents

GOVERNMENT OF MICHIGAN.

CHAPTER. PAGE.

1. History of Michigan. Origin of the Name — Explorations

Preface

The object of this work is to supply a want long felt and now fully recognized by the people. Books have been written on the science of government, which have gained admittance into our schools; and many of our youth have, in this way, acquired much valuable information. They have learned some of the first lessons of civil government, and have been made acquainted with an outline of the government of the United States, but as yet they have not been supplied with that information concerning our own State Government, and our own responsibilities and duties so important to enable us to act well our part as citizens.

If the succeeding pages of this work shall serve to impart a knowledge of our civil jurisprudence, and of the framework and machinery of our State Government, if they shall furnish an insight into our political institutions, then surely it will inspire in the hearts of those who study them, a devotion to those institutions; and the more we know of them, the more shall we admire the wisdom and appreciate the statesmanship of the great and good men whose business it was to lay bro&d and deep the foundations upon which we, as a State, have built and are building.

The demand for a second edition, within two months from the time when the first was issued, has encouraged the author to revise the work. It is hoped that the historical sketch, and other matter which has been added to this edition, will greatly enhance its value and usefulness as a text-book.

To J. E. Scripps, editor of the Detroit Evening News, the author is indebted for a portion of the matter embraced in the historical sketch ; and to W. S. George, editor of the Lansing Republican, for the matter of which the chapter relative to the names of the counties is composed.

TO TEACHERS AND PUPILS.

Iii preparing the following work, the author has consulted with a number of prominent educators in the State, as to the best plan for presenting the matter contained therein. While all agree that it is desirable, in writing a text-book, to employ such language as shall be comprehended by the youngest student, yet, on the whole, it is believed to be better in a work of this kind, to use ordinary language, and even technical terms when such are used in the law books to which we have occasion to refer. These words and terms must, sooner or later, be comprehended; and, in the judgment of the author, it would be unwise to attempt to exclude them. But, for the benefit of the younger students, it has been thought advisable to print all words, the definition or meaning of which it is conceived may not readily occur to them, in italics. The definition of most of the words printed in italics will be given in an appendix arranged in alphabetical order, and to which the student can easily refer. This reference, it is believed, will tend to fix the definition in the memory.

Some objection has been made to the introduction of questions, and that upon the ground that they are often so suggestive of the answer as to enable the pupil to respond correctly, though he may not have fully mastered the text. All this is true when the questions are leading; but when this is avoided and the questions are so framed as to merely call attention to the subject under consideration, they serve a most valuable purpose. Those things which the author deems important, are thus suggested to the teacher, who, in too many instances, it is feared, would otherwise pass over them without proper consideration.

Government of Michigan.

[For the definition of most of the words printed in italics, see appendix.]

Chapter I. History Of Michigan

MICHIGAN, ORIGIN OF THE NAME EXPLORATIONS AND LABORS

OF THE FRENCH JESUITS.

In the language of the Chippewa tribe of Indians, the word Mitchaw, signifies great, and Sagiegan^ a lake. These words were applied by the members of that tribe to lakes Michigan and Huron, which were supposed to be one lake. The land which these lakes so nearly surrounded was called Michsawgyegan, meaning the Lake country; and from this word, Michigan derived its name.

The country constituting the present State of Michigan, was partially explored by some French explorers as early as the year 1G10. In 1632, Father Sagard visited the country along the shores of Lake Huron. In 1634, a party of Indians belonging to the Huron tribe, visited Quebec, a walled city in Canada. On their return they were accompanied by the Jesuits, Breboeuf and Daniel, who located upon the shore of

10 GOVEBNMENT OF MICHIGAN.

Lake Iroquois, a bay of Lake Huron, and instructed the natives in religious matters.

In 10-41, a number of French Jesuits paddled a bark canoe from the St. Lawrence river up through the Ottawa river, thence crossing over to Lake Ni pissing, thence down the French river to the Georgian bay, and passing the islands of Lake Huron, they reached the Falls of St. Mary, where they established a 3fission.

In 1660, Rene Mesnard attempted an exploration of the territory around Green Bay and Lake Superior. In October of that year, he reached a bay on the south shore of Lake Superior, which he called St. Theresa. After remaining there for about eight months, he was lost in the forest. His breviary and cassock were subsequently discovered among the amulets of the Sioux, by whom he was probably murdered.

In 1666, Father Allouez established a mission at the Falls of St. Mary, now called Sault Ste. Marie, where, in 1668, he was joined by Fathers Dablon and Marquette. In the course of the next three years they explored the country along the shores of Lake Michigan, making the entire circuit of that lake. In 1671, Marquette built a chapel at Mackinaw, formerly called Michilimackinac, also Mackinac.

In 1673, Father Marquette and Joliet sailed through the Straits of Mackinaw on their way to discover the Mississippi. They were followed, six years later, by Robert de la Salle, who built and navigated the Griffin, a bark of sixty tons burden — the first vessel that ever floated on the northwestern lakes. The Griffin had on board Louis Hennepin, the missionary, and a party of fur-traders, who landed at Michilimackinac, and erected a fort and established a trading post.

Questions — From what did Michigan derive its name? In what year and by whom was Michigan first explored ? Give the dates and particulars of the visits of Sagard, Breboeuf and Daniel. State what was done by certain French Jesuits in 1641. What is said of Rene Mesnard ? Of Allouez, Dablon and Marquette ? Of Marquette and Joliet? Of de la Salle and those who accompanied hirn?

Chapter II

FRENCH MISSIONARIES AND TRADERS ESTABLISHMENT OF MILI- TARY AND TRADING POSTS SURRENDER OF THE TERRI- TORY TO THE ENGLISH THE PONTIAC WAR.

In the fall of 1679, La Salle and his men went to Green Bay and procured a cargo of furs and dispatched them in the Griffin for Niagara. But the vessel was lost on the voyage.

From Michilimackinac, La Salle, and fourteen of his men, paddled their canoes up Lake Michigan to the mouth of the St. Joseph river, where they erected a rude fort.

In July, 1701, Antoine de la Cadillac, with a Jesuit missionary and one hundred men, located at the present site of Detroit, and commenced a permanent settlement. Here they erected a stockade which they named Fort Ponchertrain.

The forts erected at Green Bay, Ste. Marie, St. Joseph, Michilimackinac, Fort Gratiot, Detroit, and other points were designed as outposts by which the claim of the French to govern the territory could be supported, and the traders and missionaries be protected.

Prior to 1760, France claimed all of Canada, Illinois, and to the borders of the Mississippi, while the English occupied most of the country east of the Alleghany mountains. Both countries desired supremacy over the northern portion of the New World, and a fierce struggle between them ensued. In No-

VZ GOVERNMENT OF MICHIGAN.

vember, 1760, Detroit, Michilimaekinac, and all the posts within the government of Canada that were in the possession of the French, were surrendered to the Crown of England.

While some of the Indians cheerfully acquiesced in the change from the rule of the French to that of the English, a large proportion of them were dissatisfied and still retained a strong friendship for the French government; and in the month of May, 1763, a simultaneous attack was made upon the Forts of Le Bceuf, Venango, Presque Isle, Michilimaekinac, St. Joseph, Miami, Green Bay, Ouiatonon, Pittsburgh, Sandusky, Niagara and Detroit. This attack resulted in a most frightful massacre at each of these points; Detroit, Pittsburgh and Niagara being the only places that did not fall into the hands of the savages.

Pontiac, an Ottawa chief, who lived on Pechee Island, about eight miles above the city of Detroit, was at this time the most prominent and influential leader among the Indians, Hence this war is known in history as the Pontiac war.

The siege of Detroit by Pontiac continued for eleven months, when the post was relieved by Gen. Bradstreet, with an army of three thousand men.

Questions — What is said of La Salle and his men ? Of Antoine de la Cadillac and the Jesuit missionaries ? For what purpose were the forts at the different points erected ? Prior to 1760, what territory in this region was claimed by France? What was occupied by the English? What occurred in 1760? In 1763? What is said of Pontiac ? Of the siege of Detroit?

Chapter III. Indian Hostilities Michigan And The Northwestern

TERRITORY WAR OF 1812.

During the war of the Revolution, the Indians within the territory now comprising the present State of Michigan, were induced to make war upon the American settlements in New York, Pennsylvania, and Virginia.

In the treaty of peace of 1 783, at the close of the Revolutionary War, there was no express stipulation for the surrender of the northwestern posts, although the territory embracing them was clearly embraced within the treaty. Notwithstanding this, the British Government continued in possession of them until 1796.

The Territory of Michigan was organized in 1805. For sometime previous to that date, it had formed a part of the Northwestern Territory, and the present State of Michigan formed a single county, called Wayne. The seat of Government was at Chillicothe, in the present State of Ohio, to which place the county sent a representative until 1800, when Indiana was erected into a separate territory ; and two years afterwards, it was annexed to this new-formed territory, and remained under its jurisdiction until 1805.

In 1812, war was declared between the United States and Great Britain. The chief causes of this war, were, the impressment of American seamen, the capture of American vessels, and the enforcement of illegal blockades by the English Government.

On the 12th of July, 1812, General Hull, in command at

Detroit, surrendered to the British under General Brock. General Harrison, soon after, sent General Winchester into Michigan at the head of a thousand men, with a view to the recapture of Detroit. January 19, 1813, Winchester was attacked at French town, on the river Raisin, by the British General Proctor, with a force of two thousand British and Indians. Winchester was taken prisoner, and his entire detachment surrendered, Proctor assuring them that he would protect them from the savages. He, however, withdrew his troops to Maiden, leaving his prisoners to be massacred by the Indians. On the 10th of September of the same year, Commodore Perry defeated the British at the battle of Lake Erie ; and on the oth of October, General Harrison defeated the British and Indians at the battle of the Thames. At this battle, the renowned chief, Tecumseh, was in command of the Indian warriors, and fought with wonderful courage and desperation. After the British had fled, Tecumseh, with his Indian warriors, engaged in a hand-to-hand conflict with Colonel Johnson and his force of mounted Kentuckians; but soon fell, pierced by a pistol ball. It is said that during the latter years of his life, " he was almost incessantly engaged either in council, or at the head of his warlike bands," and that " he sank at last on the field of his glory, with tomahawk in hand, and the cry of battle upon his lips."

" Like monumental bronze, unchanged bis look, A soul which pity touclTd, but never shook; Train'd from his tree-rock'd cradle to his bier, The fierce extremes of good and ill to brook; Unchanging, fearing but the shame of fear, A stoic of the woods, a man without a tear."

Immediately after the battle of the Thames, the British surrendered Detroit to the Americans, but retained the possession of Mackinac until December 24, 1814, when peace was concluded.

Questions- During the war of the Revolution, what was done hy the Indians of Michigan ? What is said in relation to the treaty of peace? Of Michigan and the Northwestern Territory? Of Indiana? State some of the chief causes of the war of 1812. When and to whom did Gen. Hull surrender Detroit ? State the particulars and result of Gen. Winchester's campaign. When, by whom, and with what result was the battle of Lake Erie fought ? Battle of the Thames ? What is said of Tecumseh ?

Chapter IV. Michigan As A Territory The University Treaties

WITH THE INDIANS GOVERNOR AND JUDGES LEGIS- LATIVE COUNCIL.

The government of the Territory of Michigan, until 1823, was vested in the Governor and Judges, who, in addition to the powers usually exercised by such officers, exercised legislative functions.

In 1817, the Governor and Judges passed an act for the establishment of what was styled the Catholepestemiad, or University of Michigan; although it was not until shortly after the Territory had been achnitted as a State, that the present University was really established.

In 1818, all the territory lying north of Illinois and Indiana was annexed to Michigan .

In 1819, General Cass, who was then Governor of the Territory, effected a treaty with the Indians, at Saginaw, by which they relinquished their claim to 0,000,000 acres of land 1 in the eastern part of the Territory.

In 1821, a treaty was made at Chicago, by which the Indian title to all the lands in the Territory, south of the Grand river, was relinquished. By the treaty of Greenville, concluded in 1795, the Indians had agreed that all the lands which they had granted to the French or English should be transferred to the United States.

In 1823, Congress abolished the act conferring legislative power upon the Governor and Judges, and provided for the establishment of a Legislative Council, to consist of nine members. The members of the Council were appointed by the President of the United States, who selected them from eighteen persons chosen by the people. In 18*25, the Council was made to consist of thirteen members. In 1827, the Council was made elective by the people.

In 1831, General Cass was appointed Secretary of War, and George B. Porter of Pennsylvania, was appointed Governor of the Territory. He died in 1834, whereupon Stevens T. Mason, Secretary of the Territory, became acting Governor.

Questions — What is said of the government of the Territory prior to 1828? What was done b}- the Governor and Judges in 1817?- What Territory was annexed to Michigan in 1818? What is said of the treaty of 1819? Of 1821? Of 1705? What is said of the Legislative Council ? To what office was General Cass appointed in 1831 ? Who succeeded him as Governor ? Who succeeded Governor Porter *»

Chapter V. The Toledo War Settlement Op The Difficulty By

CONGRESS.

By 'the Ordinance of 1787, it was contemplated that a line due east and west through the southern extremity of Lake Michigan should be the dividing line between the two tiers of States to be erected out of the Northwestern Territory. By the act of Congress establishing the Territory of Michigan, this line was designated as its southern boundary. Ohio, however, desired and claimed a strip of land about fifteen miles wide, north of this line ; and in 1812, Congress recognized the line as claimed by Ohio, and in 1816 a survey was authorized to be made accordingly. Michigan was about to apply for admission as a State, and insisted on the line as originally established, and made preparations to resist a party of surveyors sent by the authorities of Ohio to re -survey the line. The surveyors were driven off by a party of Michigan men. Believing that Ohio would send troops to take possession of the disputed territory, acting Governor Mason called out the militia of the Territory, and as Commander-in-Chief, placed himself at their head, and marched "to the front." No enemy appearing, the troops were allowed to disperse and return to their homes. Congress finally decided the controversy in favor of Ohio, and gave to Michigan, in lieu of the strip in dispute, about twenty-five thousand square miles of country in w r hat is now known as the Upper Peninsula.

Questions — What was the line originally contemplated as the dividing line between the present State of Michigan, and the territory 2 south of it? \Ykat public acts recognized this as the line? What was the occasion for the controversy between Ohio and Michigan? State w T hat was done by Michigan in relation to the matter. How was the difficulty finally settled ?

Chapter VI. Michigan As A State Banking Internal Improvements

In the spring of 1835, a convention called for that purpose framed a constitution for a State Government, and application was made to Congress for the admission of the Territory as a State. In June, 1836, an act was passed admitting her upon condition that she should accept the boundary line as claimed by Ohio. On the 15th of December the convention convened to decide the question, voted to accept the proposition. January 26th, 1837, Congress passed an act recognizing Michigan as a State of the Union.

The population of the State in 1837, was estimated at two hundred thousand ; and its territory embraced about forty thousand square miles, which was divided into thirty-six counties.

In 1837, the Legislature made provision for free banking, and in less than eight months, forty-five banks were established. With the fifteen banks that had been previously chartered, the banking capital of the State amounted to $10,115,000. With the immense amount of currency thus issued, money was very cheap, and speculation ran high. Of course the inflation soon collapsed, and thousands who had imagined themselves rich, found their currency almost worthless.

In 1837, the Legislature established a Board of Commissioners on Internal Improvement, with authority to construct three railroads across the State : The Southern from Monroe to New Buffalo ; the Central from Detroit to St. Joseph ; and the Northern from Port Huron to Grand Haven. Also, three canals : The St. Mary's Ship canal ; the Clinton and Kalamazoo canal, to extend from Mt. Clemens to the mouth of the Kalamazoo river; and the Saginaw or Northern canal, to extend from Bad river to Maple river, so as to secure water communication between Saginaw and Grand Haven. The estimated cost of these improvements was over $10,000,000. To raise this sum, it was provided that the surplus revenue of the State, and five per cent, of the proceeds from the sale of lands belonging to the State, should be appropriated, and to effect a loan not to exceed $5,000,000, payable in twenty-five years, with interest at six per cent, per annum.

The bonds were sold, and a large proportion of the money realized was expended on the proposed works, but it was soon found that the interests of the State required that these works should be disposed of, and be carried on by private enterprise. The Central and Southern roads, on which most of the money had been expended, were sold by the State in 1846. The Clinton and Kalamazoo, and the Saginaw or Northern canals were abandoned, and the Northern road upon which some work had been done was converted into a wagon road.

J. E. Scripps, Esq., of Detroit, has prepared and published in the " Michigan State Gazetteer," a brief outline history of Michigan, in which is found some very valuable information concerning the Internal Improvement scheme, an extract from which is copied in a note to this chapter.

Questions — In what year was the State Constitution adopted? {State what action was taken by Congress in regard to the admission of Michigan. What was the population of the State in 1837 ? Square miles of territory? What is said of banking and currency? What action was taken by the Legislature in 1837, with reference to internal improvements? What was the estimated cost of these proposed improvements ? What provision was made for meeting these expenses ? What disposition did the State make of these works ?

Note.— " The first step of the board was to purchase the Detroit <fc St. Joseph R. R., no part of which was in operation, though considerable work had been done between Detroit and Ypsilanti. To this place it was opened for traffic February 3, 1838. Surveys on all the other works were in 1837 completed, and 30 miles of the Southern road put under contract. The total expenditures this year were $415,618.

" Meanwhile the Governor, who had been empowered by the Legislature to negotiate the $5,000,000 loan, had closed a contract with the Morris Canal and Banking company of New Jersey, by which they took the entire amount of the bonds and agreed to pay for the same, about one quarter down and the balance in quarterly instalments of $250,C00 each, the bonds to be delivered at once. Three millions of these bonds they immediately turned over to the Bank of the United States, by which they were hypothecated largely in Europe. Great complaint seems to have been made at home of the Governor's recklessness in thus hastily closing so large a transaction, and in his parting with the bonds without receiving proper security for the payment. Nor was the complaint without just grounds, for in 1840, when there was still $2,158,937 due from the purchasers, it came to light that both banks were insolvent For some time the financial condition of the State was most critical, but in 1843 the Legislature passed an act authorizing the issue of new bonds for the amount that had been actually received by the State, the same to-be delivered upon the surrender of the entire amount of outstanding bonds, or pro rata for any portion that might be surrendered. In this way the entire $5,000,000, except about $56,000, was gradually retired, and the bonds given in lieu thereof were duly paid in 1863.

" In 1838, $530,496 was expended on the Internal Improvement works, and considerable surveying and clearing was done, besides the completion of the Central railroad to Ypsilanti. In 1839 the expenditure was $693,883. The Central road was opened to Ann Arbor and the Southern to Petersburgh. An attempt to com mence work on the Sault canal was defeated by a collision between the contractors and the United States officials at Fort Brady.

" In 1840 the Governor in his message to the Legislature deplored the Internal Improvement scheme, and recommended the suspension of further work, except where necessary to complete and utilize what had already been commenced. This year $463,816 was expended, the Central road being brought to within four miles of Dexter, the Southern opened to Adrian, and a heavy amount of work being done upon the Clinton & Kalamazoo canal between Mt. Clemens and Rochester. In 1841 there was expended $419,139. The Central was opened to Dexter, July 4, and was immediately pushed on to Jackson. The Southern had not got beyond Adrian. The Northern railroad, upon which considerable clearing and grading had been done, was this year ordered by the Legislature to be completed as a wagon road.

" January 1, 1842, the Central was opened to Jackson. The Southern was during this year made ready for the iron as far as Hillsdale, bat the credit of tne State was not at that time good enough to enable it to buy iron on credit, and cash it had none. Sixteen miles of the Clinton & Kalamazoo canal were completed at a cost of $338,330, but it had not. yet been brought into use. The Legislature in January, 1842, by resolution forbade the letting of any further contracts on the public works, but provision was made for extending the Central and Southern railroads. The year 1843 saw the latter opened to Hillsdale. The expenditures in 1842 were $170,545, and in 1843 $160,416. In 1844 the Central road was opened to Marshall and graded to Kalamazoo. The Southern was this year re-built between Monroe and Adrian, the superstructure having rotted out, and the Palmyra & Jacksonburg road was purchased by the State for $22,000. This latter road had been prepared for the iron from Palmyra to Tecumseh, but had been allowed to go to decay without ever being put in full operation. The Central railroad was now earning from year to year a moderate profit over expenses, the Southern road a veiy trifling amount, if anything, and none of the other public works were at all productive. In 1845 the Central was finished to Battle Creek and some progress made with the reconstruction of the Tecumseh branch of the Southern. The expensiveness of keeping strap-rail roads in repair had by this time been found to be a serious drawback to the productiveness of railroad property, and the commissioners in their report for this year suggested the importance of immediately reconstructing both roads with 'T 1 rail, and recommended as the only feasible method of securing the accomplishment of this enterprise, the sale of the roads to some responsible company. In this year the navigation of the Clinton & Kalamazoo canal was inaugurated by a small boat of 20 tons burden.

"On February 1, 1846. the Central road was completed to Kalamazoo; on the 23d of September its sale to the Michigan Central Railroad company was perfected, the purchase price being $2,000,000 and the payments being made in bonds and other State indebtedness. One month later the sale of the Southern road to the Michigan Southern Railroad company was consummated by the payment of the first instalment of the purchase price, which had been fixed at $500,000, payable also in State indebtedness within 10 years. By these sales the State debt was greatly diminished and the two roads placed in the hands of strong and enterprising companies, by whom they were speedily completed, and under whom they have since achieved reputations for admirable management second to those of no other railroads in the country.

" The canal still remained to the State. This was in 1846 put in navigable order between Mt. Clemens and Utica, but only $43 was received in tolls. The following year further repairs were made and an ineffectual effort made to lease the work. From this time it appears to have been wholly neglected by the State. Between Rochester and Utica it has since been utilized for water-power purposes, but below Utica it has been allowed to go wmolly to decay. 11

GOVERNMENT OF MICHIGAN.

Chapter VII. Extent Of Territory Resources Of The State

The total land surface of Michigan comprises an area of 56,243 square miles, while the area of its waters is computed at 36,324 square miles.

From the time when the State sold its Public Works, to the present, it has steadily progressed in wealth and population. The census of 1870 showed a population of 1,184,059, and we now have a little over 3,000 miles of railroad within the State, and a lake coast of nearly 1,500 miles.

The surface of the Upper Peninsula is rugged and hilly. It has, nevertheless, much valuable pine timber, and is, perhaps, the richest mineral region in the world, especially in copper and iron.

The upper portion of the Lower Peninsula is still covered with dense forests of pine and hard wood, though the manufacture of lumber, as a branch of industry, has for a number of years been extensively prosecuted. The soil of the Lower Peninsula is varied, and well adapted to the raising of all kinds of products that may be grown in this latitude.

In the Saginaw valley, salt is manufactured in abundance. We also have, in the State, rich mines of coal, iron, copper, and silver.

Questions — How many square miles of land has Michigan? The area of its waters? What was its population in 1870? How many miles of railroad has it? The extent of its lake coast? What is said of the Upper Peninsula? Of the Lower Peninsula?

<30VERNMENT OF MICHIGAN.

Chapter VIII. Governors Of Michigan

Under French rule the Governors of the Territory embracing the present State of Michigan, were as follows :

Sieur de Mesy, appointed in

Sieur de Courcelle, .

Sieur de Frontenac,

Sienr de Barre,

Sieur de Marquis de Nouville,

Sieur de Frontenac,

Sieur Chevalier de Calliers,

. 1663

Marquis de Vaudreuil,

. 1665

Marquis de Beauharnais, .

. 1672

Sieur Compte de la Gallisoniere,

. 1682

Sieur de la Jonquire,

. 1685

. 1689

Sieur de Vaudreuil de Cavagnal,

. 1699 rule the Governors were :

. 1765

Henry Hamilton,

. 1766

Henry Hope, .

. 1766

Lord Dorchester,

. 1770

Alured Clarke,

. 1774

Lord Dorchester, . ,

. 1774

The American Governors under the Territorial Government were as follows :

William Hull, appointed in . 1805