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of the inhabitants were demolished, and the materials employed in this work. Pitch and other combustibles were added, and the whole so formed as to burn with rapidity and intensity. They were of considerable length, and were towed to a proper position above the vessels, when fire was applied, and they were left to the stream in the expectation that they would be carried in contact with the vessels, and immediately set fire to them. Twice the attempt was made and unsuccessful. The British were aware of the design, and took their measures accordingly. Boats were constructed and anchored, with chains above the vessels, and every precaution was used to ward off the blow. The blazing rafts passed harmlessly by, and other incidents soon occurred to engage the attention of the Indians. On the 29th of July, a fleet of boats was descried ascending the river. Anxious to ascertain whether they had escaped the attacks of the Indians, a gun was fired from the Fort, which was immediately answered by the boats, each of which carried four swivels and two mortars; and on board the whole, was a detachment of 300 regular troops, under the command of Captain Dalyell, an aid-de-camp of Sir Jeffrey Amherst, the British Commanderin-chief.”

Pontiac, like King Philip, carried his bitter hatred of the English to his grave. Asier a series of bloody struggles, accompanied by like acts of cunning, with which he continued to harass them, he separated himself from his former Indian confederates, who had established a compact of peace with the British, and retired to Illinois. For causes which do not appear, he was there assassinated by a Peoria Indian.*

The events to which we have referred, conjoined with a friendly policy which was thenceforward maintained towards the savages, left the British in possession of the posts. From that period, their mercantile enterprise was gradually pushed into the interior, through the channels of the fur trade; and their power was consolidated, until the outbreak of the American revolution. Throughout that war, the frontier position of Detroit exposed it to incursions of the Indians, (great nuinbers of whom had been engaged by British influence against the Colonies,) which continued to disturb its peace until inde

p. 38.

* It may be mentioned as illustrative of the character of Pontiac, that in a subsequent war he appointed a commissary, and issued bills of credit, drawn upon bark, with his arms, the figure of an otter, sketched upon them, and that when these bills came to maturity, they were punctually redeemed.

pendence was established. The subsequent controversy, originating from the surrender of the posts, gave rise to the well-known defeat of Harmar and St. Clair, and the successful campaign of General Wayne.

The treaty of 1783 included Michigan within the boundaries of the United States, and a great portion of the soil was doubly secured, in 1785, by compacts with the Indian tribes; but it continued, from well-known causes, for a considerable time, under the dominion of Great Britain. In 1796, that chivalrous officer, General Anthony Wayne, first planted the American banner on the fort at Detroit. The Ordinance of 1787 was at this time extended over Michigan, as being embraced within the boundaries of the Northwestern Territory, which was constituted by that ordinance. By this frame of government for the Northwestern Territory, (drawn up by Nathan Dane, the distinguished public benefactor and jurist of the State of Massachusetts, the founder of Dane Law College at Cambridge, and author of the “ Abridgment and Digest of American Law,”) the executive power was lodged in a Governor, the Judicial power in three Judges, and the Legislative power in both combined. The Ordinance itself was declared irrevocable without the 66 common consent ”; and the legislative power was limited in its exercise to the adoption of laws from the codes of the different States. The officers of the Territory were to be appointed by the national government; and the expenses of the government were to be defrayed by Congress, until the Territory should contain a population of five thousand free wbite inale inhabitants, after which time, it was to become optional with the Territory to provide its legislation at its own expense.

In 1805, during which year Detroit was destroyed by fire, General William Hull, the new Governor, organized the Territorial Government of Michigan, Ohio and Indiana having been erected into States, and Illinois into a separate Territory. From that time to 1819, the Ordinance, a comprehensive code of the most clearly defined and liberal principles of jurisprudence, and a worthy monument of its founder, continued in unabated force. Within this interval, the civil administration of the Territory was interrupted, as is well known, by the military operations in that quarter, which, commencing in 1812 with the disastrous movements of General Hull, and blackened by the massacre of the river Raisin, terminated, in the autumn of 1813, with the victory of Cominodore Perry, and the advance of General Harrison to the Canada frontier. In that year, General Cass was appointed Governor of Michigan.

In 1919, the power to send a delegate to Congress, who should have the right of speaking but not of voting, was granted by a law of the United States, established over the Ordinance of 1787; and the right of suffrage, limited by that ordinance to freeholders, was extended to all taxable citizens. In 1823, the Territorial Government was further modified in favor of local influence, by an act of Congress. By this act, the right of eligibility to office was based on the right of suffrage, granted in the act of 1819; the Judicial term of office was limited to four years, the legislative power of the Governor and the Judges was taken away, and in their place was substituted a legislative body, with augmented powers, now denominated the “Legislative Council.” This Council was required to be constituted of nine men, selected by the President of the United States, from eighteen candidates chosen by the people. In 1825, all the County offices of the Territory were made elective, excepting those which were connected with the administration of justice ; and the Executive appointments were made subject to the acquiescence of the Legislative Council. In 1827, the electors of the Territory were empowered to select a number of persons equal to that of which the Council had heretofore been constituted. The power of this Council was confined to the enactment of laws consistent with the Ordinance of 1787 ; subject, however, to the veto of the Executive of the Territory, and the abrogation of Congress.

Thus stood the Territorial Government of Michigan until the establishment of the present State Constitution. It was ordained and established by a convention assembled at the City of Detroit, in May, 1835. Modelled somewhat after the constitutions of the other States, it is probably more democratic than any. This is particularly true in reference to the right of suffrage. It grants this right not only to all free white male citizens above the age of twenty-one years, who shall have resided in the State six months; but also to all free white male citizens of the aforesaid age, who shall have been residents of the State at the time of signing the Constitution. Whether this liberal provision does not open a door for cor


ruption and fraud, is a fair question for discussion, and we believe that it divides the public opinion of that State. The means of education are amply provided, in the act which ordains the establishment of common schools, the institution of a library in each township, supported by penal fines and taxes for exemption from military duty, and the erection of a University, aided by grants of public lands for that object, which we believe have been already made by the United States. These beneficial enactments, if discreetly carried out, will doubtless place the State on a strong basis of morals and intelligence. It is provided also, that the territorial laws, not repugnant to the Constitution, are to remain in force until they expire by their own limitation, or are repealed by action of the Legislature.

The attitude in which Michigan has for some time stood in relation to her southern boundary line, and to the Union, exbibits a marked anomaly in the bistory of the government. The State government is already organized, and the Territorial government still remains. The boundary line which is made the subject of controversy, is a belt of land seventy miles in length, and about eleven miles broad at its eastern, and seven at its western end, dividing the States of Ohio and Michigan. It is especially valuable upon the eastern side, on account of the fertility of the soil, and from the fact that it commands the outlet of the Maumee river, the key to a wide and rich back country; and will also afford the control of the Erie and Wabash Canal, a work of brilliant promise, which has recently been projected. Although the States of Indiana and Illinois would be abridged by the success of the claim of Michigan, still the main question, from the cause which we have stated, is at issue between this State and Obio.

We shall not enter into a minute exhibition of the case, as the documentary evidence, running back into the early records of the Territory, would furnish matter for volumes. 'We will confine ourselves to a brief statement of its general grounds, since the whole subject has already passed under the examination of Congress.

It is contended on the part of Michigan, that the southern boundary of that State is fixed by the Ordinance of 1787, which was established by the then thirteen United States of America ; that this ordinance is a solemn compact between the Federal Government, and the people who were then or should VOL. XLIV. —NO. 94.


become inhabitants of the Territory ; a compact unalterable except by common consent ; "a compact” said Mr. John Q. Adams, on the foor of Congress, "as binding as was ever ratified by God in heaven.” By the 5th article of that ordinance, it is declared that the boundaries of the three States constituting the Northwestern Territory, “shall be subject so far to be altered, that if Congress shall herealier find it expedient, they shall have authority to form one or two States in that part of said Territory which lies North of an East and West line drawn through the Southerly bend or extreme of Lake Michigan.It is atřirmed in consequence of this ordinance, that the Southern boundary of Michigan is fixed by compact, and cannot be altered by Congress, except by common consent.

It was maintained on the other hand by Obio, backed by the influence of Illinois and Indiana, — whose organized territory was involved, – that the aforesaid line prescribed in the

, ordinance was not, in the legal sense, a boundary, but a parallel and partial line, introduced "for the protection of the States below, and to prevent a diminution of the territory allotted to them; that the ordinance intended at once to give to Congress the discretionary power of forming one or two States in any part North of the line, and to restrain them from abridging the territory of the three States established by the ordinance, by coming to any extent whatever south of it."* It was affirmed that Congress had a right, therefore, to establish the Northern boundary of Ohio, as the Constitution of the State, which had been recognised by the General Government, declared it should be established, namely, by a direct line


a running from the Southerly extremity of Lake Michigan, to the most Northerly cape of Maumee Bay.

While this case was pending, Ohio passed a law, extending its jurisdiction over the disputed territory, which was actually resisted by Michigan with a military force. At this juncture, the President of the United States, foreseeing disturbances, appointed two commissioners, Mr. Richard Rush, of Pennsylvania, and Mr. Benjamin C. Howard, of Maryland, to repair to the disputed territory, and to adjust these differences, until the whole matter could be concluded by Congress. An arrangement was subsequently made between the parties, in May of 1835, to the effect, that Harris's line, the boundary

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