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Life And Times 
 
 of 
 
 Stevens Thomson Mason 
 
 the J/^l - o^'7 C>>5 2^ 
 
 BOY Governor of Michigan 
 
 BY 
 LAWTON T. HEMANS 
 
 LANSING 
 MICHIGAN HISTORICAL COMMISSION 
 
 1920 
 

 "o G 
 
 LIBRARY OF CONGRESS 
 
 FEB231921 
 
 DOCUMENTS DIVISION 
 
 1 
 
Friim a puilrait in ipil 
 
 STEVENS THOMSON MASON 
 
 in the Art Collccliim uf tlio l']\\\< 
 
 rsily iif ^lii'liiuaii. 
 
PREFACE 
 
 /^N several occasions I have heard Mr. Hemans 
 ^-^ remark, ''There seems to be no work in Michigan 
 covering the period from 1837 to 1845, the most eventful 
 years of the State, as it was the period of her birth, 
 and filled full of the trials subsequent to such an event. ' ' 
 He said he could never find data on the political parties 
 of that time, nor on Governor Mason and other promi- 
 nent men of the day, unless by consulting old newspapers 
 and pioneer collections. He determined to gather 
 together all these fragments of historical knowledge, 
 even if in an unsatisfactory manner to himself, place 
 them together in one work and call it the ''Life and 
 Times of Stevens T. Mason — the Boy Governor." 
 
 When a child, Mr. Hemans had been told that Gover- 
 nor Mason, the first Governor of this State, had died in 
 a gutter after an evening's debauch. As he grew to 
 young manhood and stood before the beautiful painting 
 of the Governor in Representative Hall at Lansing and 
 gazed upon that face so full of culture and refinement, 
 the desire was born in his heart to try and refute this 
 criticism and other calumnies heaped upon the Boy Gov- 
 ernor. As he began collecting and reading, he became 
 more and more convinced that many unjust remarks had 
 been showered upon Governor Mason, that the beautiful, 
 upright conscientious character of the man had never 
 been shown in its true light. Mr. Hemans' desire grew 
 stronger as his knowledge became deeper in his subject, 
 and I really know that he had the greatest love and 
 admiration for Governor Mason. We all know that if 
 love fills our hearts our hardest task becomes easy. So 
 Mr. Hemans, so deeply in love with his subject, put his 
 
4 PREFACE 
 
 life 's best endeavors into collecting and putting together 
 and writing this story of the Boy Governor, and it was 
 his pride to think of presenting it to this great State of 
 Michigan, for which State I believe Mr. Hemans gave 
 his life. But his last two years were filled so full of 
 physical pain and suffering that he was unable to finish 
 this work, and Mr. William L, Jenks has kindly written 
 the last chapter. 
 
 I remember so distinctly Mr. Hemans entering the 
 home one evening and remarking, ''Governor Mason has 
 a living daughter in Newark, N. J., and I must get into 
 communication with her. ' ' He immediately wrote to her 
 and received a charming, helpful letter in return. The 
 daughter, Mrs. Wright, suggested that Mr. Hemans 
 write to Miss Emily V. Mason, a sister of Stevens T. 
 Mason, who was still active and interesting at the age 
 of 93. 
 
 The friendship between Miss Mason and Mr. Hemans 
 was an unusual one. She seemed almost to consider Mr. 
 Hemans as a brother, and the information she gave him 
 helped him wonderfully in the story of her brother 
 Stevens. 
 
 The Governor had another sister, Mrs. Laura Chi- 
 chester who lived in Virginia, and whom Mr. Hemans 
 visited during his researches. Lexington, Ky. was once 
 the old home of the Mason family, also other towns in 
 that State, and Mr. Hemans visited all these and secured 
 pictures of the old homes which are found in this work. 
 Nearly all of the pictures included in this volume have 
 been collected by great endeavors and at a great expense. 
 Many of them were from old brooches, daguerreotypes, 
 almanacs, paintings and from old things pulled from rub- 
 bish heaps. The pictures Mr. Hemans and myself have 
 
PREFACE 6 
 
 paid hundreds of dollars for. He could not content him- 
 self when he got on the trail of a picture unless he 
 secured it, regardless of labor or expense, so deep was 
 his interest in his work. His greatest regret, as I remem- 
 ber, was not to secure the picture of John Norvell, early 
 Detroit postmaster and Michigan statesman; his labors 
 in this direction were almost endless. Miss Emily Mason 
 endeavored to secure this picture but the search had to 
 be given up. 
 
 Nearly all of the chapters concerning the family and 
 their home life have been gleaned from letters from 
 Miss Mason. In her delightful manner she wrote many 
 letters of their charming home life. These letters I have 
 in Mr. Hemans' Historical Collection and they with the 
 above collection will some time be a part of the Michigan 
 Pioneer and Historical Collection. 
 
 "When Mr. Hemans discovered that Stevens T. Mason 
 died and was buried in New York, he began wishing that 
 he might be the means of bringing the remains of the 
 Boy Governor back to the State of Michigan. His 
 endeavors were crowned with success and Governor War- 
 ner appointed Mr. Hemans as one of the three commis- 
 sioners to go to New York and bring back the remains 
 and place them in a suitable burial spot in Detroit. Then 
 began his personal acquaintance with the daughter and 
 sisters of Governor Mason. The grandson, Edward 
 Wright, Jr. of Newark, N. J., a young man of great 
 culture and ability piloted the commission to the Gover- 
 nor's last resting place, pictures of which are found in 
 the pages of this volume. So the friendship between 
 the Mason family and Mr. Hemans grew, and also the 
 interest in his work deepened and became a part of his 
 life. 
 
6 PREFACE 
 
 This story was written entirely in the evenings after 
 the hard day's work upon his usual daily tasks at his 
 office. This for many years was his source of pleasure, 
 all he seemed to yearn for; he seemed to love this Boy 
 Governor and his life and times like a sweetheart. Page 
 after page flew from his fingers only to be rewritten time 
 and again; never would a page be considered to be 
 perfectly right or fit until I had carefully listened to his 
 reading of it; the chapters and the story became so 
 familiar to me that 1 knew it almost as well as he. In 
 my memory there stands out so vividly Mr. Hemans at 
 his table in our old Mason home, pen in hand happily 
 engaged in his work. His fear was that he would never 
 see it finished or that it might not be worthy of print 
 when finished, but he would remark, ''"Wife, it has been 
 worth all the effort." 
 
 I have spent days in the Detroit Public Library read- 
 ing old Detroit newspapers of the years 1837-1845, care- 
 fully reading those old musty pages to get some inter- 
 esting item for him. Also I spent some time at Marshall, 
 Mich, with Mr. John Patterson, a Marshall pioneer, who 
 had a valuable collection of early newspapers. All my 
 labors were labors of love and the delight expressed on 
 his face when I would return from a search of that kind 
 was a payment enough for me. 
 
 Now if in return the people of Michigan will read this 
 volume and find in it any interesting and helpful thoughts 
 it will be a great pleasure to me and somehow I feel that 
 Mr. Hemans from ''The Beautiful Isle of Somewhere" 
 mil know that his labor of love was not all in vain. 
 
 MRS. HEMANS. 
 Mason, Michigan, 
 November 4, 1918. 
 
CONTENTS 
 
 Chapter. Page. 
 
 I. Ill the (^Id Domiiiioii 11 
 
 II. The Sojourn in Kentucky 21 
 
 III. Life in Michigan Territory 38 
 
 IV. Secretary Mason 56 
 
 V. A Year of Stirring Events 73 
 
 VI. Advancing Towards Statehood 88 
 
 VII. Tlie Boundary Dispute with Ohio 107 
 
 VIII. The BoundarV Dispute with (^hio (Con.) 131 
 
 IX. The Constitution of 1835 152 
 
 X. A Sovereign State Out of the Union 178 
 
 XI. Organizing the State Government 201 
 
 XII. Conditions in Michigan in 1837 218 
 
 XIII. Michigan Admitted U> the I'nion 239 
 
 XIV. Legislation of 1837 255 
 
 XV. Financial Difficulties and the Election of 1837. . 284 
 
 XVI. Governor Mason's Second Term 313 
 
 XVII. The Patriot War 330 
 
 XVIII. Banks and Banking 362 
 
 XIX. Internal Improvements 389 
 
 XX. Internal Improvements and the Five Million 
 
 Dollar Loan 423 
 
 XXI. The Fourth Legislature 445 
 
 XXII. The State Passes to Whig Control 465 
 
 XXIII. ''Tippecanoe and Tyler Too" 484 
 
 XXIV. The Closing Years 504 
 
 Index 521 
 
ILLUSTRATIONS 
 
 Page. 
 
 Abbott, Robert 112 
 
 Adam, John J 144 
 
 Barry, John S 192 
 
 Black Hawk 96 
 
 Brown, Gen. Joseph W 128 
 
 Capitol Building, Detroit 170 
 
 Capitol Square Park, Detroit 416 
 
 Cass, Lewis 64, 80 
 
 Central Railroad right-of-way 320 
 
 Clay, Home of Henry 48 
 
 Clinton Canal 336 
 
 Comstock, Oliver C 144 
 
 Constitution of 1835 before restoration 144 
 
 Constitution of 1835, first page 160 
 
 Constitution of 1835, in office of Secretary of State 160 
 
 Crary, Isaac E 256 
 
 Doty, James D 112 
 
 Edmunds, James M 384 
 
 Erie and Kalamazoo passenger coach 288 
 
 Farnsworth, Elon 224 
 
 Felcli, Alpheus 192 
 
 First State Election, 1835, Detroit 160 
 
 Fletcher, William Asa 224 
 
 Fuller, Philo C 304 
 
 Gidley, Townsend E 304 
 
 Horner, John S 176 
 
 Houghton, Dr. Douglass 272, 320 
 
 Howard, Benjamin C 128 
 
 Howard, Henry 352 
 
 LeRoy, Daniel 224 
 
 Lucas, Robert 112 
 
 Lyon, Lucius 320 
 
 McClelland, Robert 240 
 
 Mason coat-of-arms 518 
 
 Mason, Gov. Stevens T Frontispiece, 64, 176, 208, 384 
 
 Mason, Stevens T.. grandfather of Gov. Mason 16 
 
 Mason, Mrs. Stevens T., grandmother of Gov. Mason. ... 16 
 
 Mason, John T., father of Gov. Mason 48 
 
 Mason, Mrs. Julia Phelps, wife of Gov. Mason 80 
 
 Mason, Emily Virginia, sister of Gov. Mason 48 
 
10 ILLUSTRATION 
 
 Chilton, Mrs. Laura Mason, sister of Gov. Mason 80 
 
 Wright, Mrs. Dorothea Mason, only child of Gov. Mason. . 208 
 
 Mason home on Raspberry Plain, Va 10 
 
 Mason home near Lexington, Ky 04 
 
 Mason home in Mt. Sterling, Ky 32 
 
 Mason home in Detroit 192 
 
 Mason's commission for Oren ]Marsh as captain. 18H8. . . . 308 
 
 Mason, letter from Gov 250 
 
 Mason, tomb of Gov. Stevens T 400 
 
 Mason, commissioners at tomb of Gov 410 
 
 Mason, Statue of Stevens T 400 
 
 Morell, George 240 
 
 Mundy. Edward 208 
 
 Ohio boundary dis]»ute — diagram 130 
 
 Pierce, John D 272 
 
 Pitcher, Dr. Zinn 272 
 
 Porter, George B 90 
 
 Poster : "Settlers Beware" 330 
 
 Ransom, E])aphroditus 240 
 
 Roberts, Elijah J 352 
 
 Romevn, Theodore 352 
 
 Rush." Richard 128 
 
 Schoolcraft. Henrv R 250 
 
 Schwarz, John E.' 308 
 
 Steamer, "Michigan,"" 1834 288 
 
 Stuart. Charles K 384 
 
 Transvlvania Universitv 32 
 
 Trowbridge, Charles C.'. 288 
 
 Vickerv, Stephen 304 
 
 Williams, Gen. John R 90 
 
 William and Marv College 32 
 
 AVoodbridge, Wilfiam 308 
 
LIFE AND TIMES OF 
 STEVENS THOMSON MASON 
 
 CHAPTER I 
 In the Old Dominion 
 
 ON the 3rd of September, 1651, was fought the memor- 
 able battle of Worcester, where the ill-starred army 
 of Prince Charles went down to irretrievable defeat 
 before the onslaught of Cromwell and his ''Ironsides." 
 Worcester was the last battle of the Civil War, and 
 Cromwell was wont to refer to it in after times as the 
 "crowning mercy of God," because it crushed the present 
 hopes of the Royalists for the restoration of the throne 
 and crown. 
 
 From the blood-stained field, whereon lay six thousand 
 of his faithful followers, the young prince fled under 
 cover of the night, a fugitive in mean disguise, to be 
 the central figure in many an adventure and romantic 
 escape until weeks later he was landed upon the shore 
 of France. Many a cavalier of noble lineage and proud 
 estate who had cast his future with the son of the be- 
 headed king surrendered property and estate and sought 
 personal safety in voluntary banishment from the scenes 
 of his native land. Many fled to Holland, France and 
 adjacent countries, while still many more sought an 
 
12 STEVENS T. MASON 
 
 asylum amid the newer scenes and larger opportunities 
 of Virginia, the colony of the new world which was then 
 giving new direction to the thoughts and imagination of 
 Englishmen. 
 
 Among the many who at this time and for this reason 
 became emigrants to the Old Dominion was one George. 
 Mason of Staffordshire. The long centuries tell little of 
 his life story before he landed at the primitive village 
 on the James. The family name appears among the 
 members of the second parliament of Charles I, and a 
 family tradition has preserved the story of his having 
 commanded a troop of horse among the defeated at the 
 battle of Worcester. The early colonial records of Vir- 
 ginia contribute but meager notice of George Mason 
 the emigrant. They show that as the owner of an exten- 
 sive estate he was a forceful character in the new com- 
 munity, ever active and equal to its demands; but his 
 chief claim to distinction will always be that he was a 
 progenitor of one of the most illustrious families of the 
 new world. A son, Lieutenant-Colonel George Mason, in 
 1700 became Commander-in-Chief of the Jamestown 
 militia, and held other offices of honor and distinction in 
 the colony. A third George Mason, son of the latter, like- 
 wise won a reputation for exceptional attainments. Early 
 in life he became a Justice of the Peace, the office at that 
 time being one of first importance in the judicial affairs 
 of the colony. He likewise became Sheriff of the County 
 of Stafford, and when in 1716 Governor Spottswood and 
 his ** Knights of the Golden Horseshoe" accomplished 
 the then famous journey across the Blue Eidge Moun- 
 tains to the Shenandoah Valley and took formal posses- 
 sion of the country by firing a volley and drinking to the 
 
IN THE OLD DOMINION 13 
 
 health of the king in champagne, to the health of the 
 princess in burgundy, and to the rest of the royal family 
 in claret, Colonel Mason was one of the number. 
 
 In 1721 George Mason married Ann Thomson, the 
 daughter of Stevens Thomson, Attorney General for 
 Virginia during a portion of the reign of Queen Anne. 
 Their two sons, George and Thomson, were destined 
 to fill larger places during the later days of the colonial 
 period and the earlier days of the republic. Five miles 
 from Mount Vernon on an inlet of the broad Potomac 
 stands Gunston Hall, the colonial home of George 
 Mason, who in his day was the trusted friend of Wash- 
 ington, of Jefferson, of Patrick Henry and that galaxy 
 of great Virginians who wrought so nobly in the cause 
 of liberty, and for the upbuilding of a new government 
 dedicated to its cause. 
 
 In statecraft George Mason ranked with the men of 
 first abilities. His great mind conceived and his hand 
 penned the famous Declaration of Rights and the first 
 constitution of Virginia. To tell the incidents of his 
 service to his country would require the limits of a vol- 
 ume rather than a paragraph. To Gunston Hall went 
 Lafayette as an honored guest, and there likewise went 
 the patriots of the day to catch the inspiration of his 
 master mind. It is not strange that the Negroes and 
 simple folk of the neighborhood still believe that the sage 
 who was once the master, at intervals yet returns to 
 walk at night its spacious grounds, recalling the olden 
 days. It is befitting the honor of the Old Dominion 
 State that the form of George Mason, cast in deathless 
 bronze, should stand with that of John Marshall and 
 the other illustrious sons of the early day about the 
 
14 STEVENS T. MASON 
 
 equestrian statue of "Washington upon the campus of 
 the Capitol at Richmond. 
 
 Thomas Mason, the younger brother, was likemse a 
 man of more than ordinary intellectual grasp and power. 
 He studied law in the Temple at London and at his death 
 in 1785 ranked with the first in ability and attainments at 
 the bar of Virginia. As early as 1774 he published a 
 series of papers urging open resistance to the demands 
 of the mother country. In 1778 he was appointed a mem- 
 ber of the first Supreme Court of his State. He was 
 twice a member of the Virginia House of Delegates and 
 served in other capacities which at once bespoke the 
 reality of his abilities and the confidence of his constitu- 
 ents. 
 
 The home of Thomas Mason was in Loudoun County, 
 Virginia, where he became the owner of a vast tract of 
 land. His manor house was erected at Easpberry Plain, 
 some four miles from the village of Leesburg, where the 
 Blue Ridge Mountains are lost in the gentle swells of a 
 rich, undulating country, which the present-day inhabi- 
 tant will tell you is ''the garden spot of the world." 
 Thomson Mason was twice married. The eldest son of 
 his first marriage was Stevens Thomson Mason, born 
 in Stafford in 1760. This young man, Thomson Mason — 
 young, for he died in 1803 — had all the fire and vigor 
 of his ancestors. At the age of twenty he had reached 
 the rank of Colonel in the Revolutionary Army and later 
 saw service in many a hard campaign. He was a member 
 of the Virginia Convention of 1788 and of the United 
 States Senate from 1794 to the date of his death. His 
 wife was Mary Armstead, a lady who possessed a mind 
 
IN THE OLD DOMINION 15 
 
 of great strength and power as well as a face and figure 
 of more than ordinary charm and beauty. 
 
 The home life of Stevens Thomson Mason had all of 
 the charm that surrounded the home life of the best days 
 of Virginia. Raspberry Plain and extensive lands were 
 his portion of his father's estate. The old manor house 
 with its spacious halls and broad veranda, its setting 
 of native forest trees with the double line of locusts that 
 marked the drive to the highway a quarter of a mile 
 away, were all marks of a hospitality inborn and gracious 
 that was there enthroned. There was even an element 
 of fascination and delight in the row of whitewashed 
 cabins where the numerous company of servants which 
 the establishment supported were given the means of 
 every physical comfort. Slavery at Raspberry Plain 
 and indeed upon the plantations of the Masons generally 
 was an institution that imposed quite as many duties 
 on the master as burdens on the servant. The bond 
 between them was genuine and real, as both demonstrated 
 on many occasions. George Mason was a member of the 
 convention which framed the Federal Constitution, and 
 no man of his State took more advanced ground than did 
 he on the great question of human slavery; while the 
 brother Thomson left evidence of the reality of his inter- 
 est in the form of substantial bequests insuring the future 
 comfort of the servants whose fidelity he recognized as 
 a claim upon his bounty. 
 
 The Mason home, moreover, was not the home of 
 either vanity or indolence. It was the home of the old 
 Virginia aristocracy where pride of family, culture and 
 appreciation of the true dignity of labor were all relig- 
 
16 STEVENS T. MASON 
 
 iously inculcated. To this end the will of Thomson 
 Mason contained a provision that neither of his younger 
 sons ''should reside on the south side of the James River 
 or below Williamsburg before they respectively attain 
 the age of twenty-one years, lest they should imbibe 
 more exalted notions of their own importance than I 
 could wish any child of mine to possess." 
 
 Such were the surroundings and social atmosphere of 
 the home in which Senator Stevens T. Mason lived and 
 in which his children, two sons and two daughters, were 
 born. The sons were Armstead Thomson Mason, mem- 
 ber of Congress and a general in the War of 1812, and 
 General John Thomson Mason, who became Secretary of 
 Michigan Territory and who was the father of Stevens 
 Thomson Mason, the first Governor of the State. 
 Although Senator Stevens T. Mason died in 1803, he 
 lived long enough to impress his personality upon his 
 sons, and inspire them with an aspiration for high attain- 
 ments. Men of learning, wit and eloquence, the leaders 
 in the larger affairs of the State and Nation, were fre- 
 quent partakers of the hospitality of Raspberry Plain, 
 imparting to the lads a degree of refinement not other- 
 wise obtained, while their minds were opened to the vast 
 world beyond the plantation limits by occasional visits 
 with their father to the city of Philadelphia and other 
 places where official and other business called him. In 
 1808 John T. Mason had progressed beyond the instruc- 
 tions of the private tutor who in that day was an adjunct 
 in every family of considerable estate, and was a student 
 in the famous college of William and Mary at Williams- 
 burg, which even then could count scores of names made 
 eminent in the highest walks of life, who claimed it as 
 
.STE^■E^•S THOMSON MASON 
 
 (»f KasplxTiy rUiiii. Va.. 17<i()-lS08, Grandfather of Gov. Stevens Thomson Mnson. 
 
MARY ARMISTEAD, VA., 
 
 Daughter of Robert Armistead, Grandmother of Gov. Stevens Thomsaii :M>is( 
 of Michigan. From a colored crayon by James Sharpless, probably in 1794. 
 
y. B 
 
IN THE OLD DOMINION 17 
 
 their Alma Mater. It was here that John T. Mason met 
 Elizabeth Moir, the daughter of a Scotch family long- 
 domiciled upon Virginia soil. The chance meeting was 
 the commencement of an attachment that a year later 
 resulted in his taking her as his bride to his Loudoun 
 County home. 
 
 John T. Mason had already come into possession of his 
 share of his father's estate, which portion was consid- 
 ered an ample fortune for that day. On a portion of 
 the old plantation thus inherited he erected a model 
 dwelling to which he gave the name of Moirfield, in honor 
 of his bride, although it was only for a short time their 
 residence. He had begun the practice of the legal pro- 
 fession for which he had made preparation, and for a 
 time the nearby to\vn of Leesburg, the county seat of 
 Loudoun County, was his home. There are letters in 
 existence which lead us to believe that it was while living 
 here that the subject of this volume, Stevens Mason 
 Mason, was born, much as we would like to believe, as it 
 has been sometimes stated, that he was born in the old 
 manor house at Raspberry Plain. The date of his birth 
 was October 27, 1811, and we may be sure that the advent 
 of this son, the first among the children of the Senator 
 and his queenly wife, — although a daughter had been 
 born the year before, — was the occasion of genuine 
 rejoicing in the family. We can well imagine the scene 
 when a little later the army of kinsfolk gathered at the 
 little church for the christening of the baby with the 
 name of his illustrious grandfather, Stevens Thomson 
 Mason. The solemn service concluded, the company 
 repaired for the concluding festivities to the old manor 
 which was fittingly garnished for the important occa- 
 
18 STEVENS T. MASON 
 
 sion; a family reunion, Christmas and a wedding were 
 the only events of more importance than a christening. 
 Familty tradition tells of christenings when from far and 
 near as many as three hundred of the kinsfolk gathered 
 to partake of the joys of the occasion, and we may be 
 sure that upon this event they were equally loyal. In 
 keeping with family custom the broad halls and spacious 
 rooms of the old homestead were bright with the festoons 
 of autumn decorations. It was a day of gaiety for the 
 ' ' quality, ' ' and long after it had passed was a theme of 
 conversation among the servants. 
 
 The career of the future Governor of Michigan on Vir- 
 ginia soil was destined to be of short duration, but as 
 so frequently happens in human experience, accident 
 rather than design was the occasion for the fact that his 
 boyhood was spent in the State of Kentucky. At this 
 time the two sisters of the father were in the charm of 
 their young womanhood. They were, as might be 
 expected, drawn to "Washington as participators in its 
 social gaieties. There Catherine, the elder, met and 
 became the wife of Honorable William T. Barry, then a 
 young Kentucky congressman, later Postmaster General 
 in the Cabinet of President Jackson. Mary, the younger, 
 became the fiancee of Honorable Benjamin Howard, also 
 a member of Congress from Kentucky, who at about that 
 time had become Governor of the Territory of Louisiana 
 from which the Territory of Missouri was later formed. 
 The mother was reluctant to give her consent to a mar- 
 riage that would remove her youngest daughter so far 
 from kith and kin as Missouri; but the lovers had a 
 strong champion in the brother John, who not only was 
 loyal to his sister in her love, but became a convert to 
 
IN THE OLD DOMINION 19 
 
 the claim of the greater opportunities of the newer West 
 where the glories of the empire were in waiting. The 
 romance, if such it may be termed, ended in the marriage 
 of the lovers, and they with the family of the brother 
 started as emigrants to the land beyond the Mississippi. 
 Such a venture in 1812 was not a matter of small moment, 
 for it meant the passage of the mountains and weary 
 weeks in the wilderness and upon the rivers, with a com- 
 pany that approached the magnitude of a caravan, for 
 the family of the father had now been augmented by the 
 arrival of the maternal grandparents who had come from 
 Williamsburg to make a home mth their daughter. A 
 lumbering coach-and-four provided for the ladies and 
 children ; the gentlemen were in the saddle ; while a score 
 of servants from the grandfather's estate trudged on 
 afoot or rode the wagons that conveyed the effects and 
 provisions for so large a company. But fate had seem- 
 ingly decreed that they were not to reach their intended 
 destination. Upon arriving at the city of Lexington, 
 Kentucky, weary from weeks of journey, Indian upris- 
 ings upon the frontier and portentious war movements 
 were the factors which persuaded them to make that 
 place their home until both had passed away. 
 
 John Mason at once set about the conservation of 
 his moderately extensive property interests until affairs 
 should permit the prosecution of his original intention. 
 Governor Howard tendered his services to the Govern- 
 ment, which gave him a commission as Brigadier Gen- 
 eral. In the meantime the war continued. Congress 
 created the Territory of Missouri and gave the governor- 
 ship into other hands. In the early spring of 1813 an 
 event happened that had more to do mth determining 
 
20 STEVENS T. MASON 
 
 the intentions of the family than had either war or poli- 
 tics. Death entered the family circle and claimed the 
 bride of a year, the sister of John Mason, the wife of 
 General Howard. It is probable that all intention of 
 proceeding farther westward was then abandoned ; if not 
 it certainly must have been when a few months later the 
 broken-hearted husband was laid beside the wife and 
 sister. 
 
CHAPTER II 
 
 The Sojourn in Kentucky 
 
 'T^O the Virginia emigrant of the early days, Kentucky 
 -■- was a land of rich and varied charms. Then as now 
 the gentle undulations of the central blue-grass country 
 awoke enthusiasm in the breast of the beholder. Its 
 mighty forests, fertile soil and deep flowing rivers 
 bespoke for it a future of more than ordinary hope and 
 promise. Long before John Mason set his face west- 
 ward thousands of Virginians had crossed into the land 
 of Boone and Kenton and had laid the foundations and 
 raised the superstructure of a State. As early as 1812 
 Lexington was a town that could boast of all the refine- 
 ments of communities long tempered by age. Schools 
 and churches of high character had made their advent, 
 social graces and the lighter accomplishments had many 
 votaries. It was as large as Cincinnati and four years 
 later a traveler said of it, "The inhabitants are as pol- 
 ished and, I regret to add, as luxurious as those of Bos- 
 ton, New York or Baltimore." 
 
 It was natural that John Mason should have readily 
 accepted the fate which had brought him hither and that 
 he should have at once entered into the business and 
 social life of the community. With but short delay he 
 took up the practice of his profession at the bar where 
 the names of Clay, Barry, Breckenridge and others were 
 already famous, and soon won for himself a respectable 
 
22 STEVENS T. MASON 
 
 clientage and the reputation of a solid and responsible 
 citizen. The first three or four years of residence at 
 Lexington developed little of exceptional family interest. 
 Acquaintanceship was extended and the father looked 
 forward with, every assurance of a prosperous career. 
 During the first two years' residence, two sons were born 
 to die in infancy, although young Thomson continued to 
 develop into sturdy boyhood. The maternal grandpar- 
 ents were still inmates of the home and the grandmother 
 found as much delight as did the children in recounting 
 the stories of the Revolution and the colonial days of old 
 Virginia. Even before Tom had essayed to solve the 
 mystery of books and lessons, he knew by heart the 
 stories of the students at "William and Mary's College, 
 the old days at Williamsburg and the great doings at 
 the Capitol before the war. The second sister, Emily 
 Virginia, who in later years became the trusted confidant 
 of the brother, was born in 1815. A little later the 
 father purchased a large estate some three and one- 
 half miles from town to which the family were removed. 
 Even before this time John Mason had acquired many 
 large and valuable properties both in Lexington and in 
 the surrounding country and for some years thereafter 
 his real estate holdings were upon a scale quite beyond 
 the ordinary. The country home was located upon what 
 was then kno^^^l as the Boonsborough Road, now the 
 Lexington and Richmond Pike, a short distance beyond 
 "Ashland," the famous home of Henry Clay. Although 
 the lapse of years had swept away every old-time asso- 
 ciation, the old manor still stands, a sad and silent wit- 
 ness of a forgotten generation. The house, built by 
 Colonel Levi Todd in 1780, is said to be the first brick 
 
THE SOJOURN IN KENTUCKY 28 
 
 house west of the Alleghany Mountains. Many historic 
 associations are connected with the old homestead, for 
 Colonel Levi Todd was the ancestor of Mary Todd, the 
 wife of Abraham Lincoln, and the old house in later years 
 when it had passed into other hands was the scene of 
 their entertainment and the home of other illustrious 
 personages in Kentucky history. 
 
 Upon its becoming the home of the Masons it was 
 given the name of *' Serenity Hall" after the home of the 
 father's maternal grandfather, Robert Armstead, of 
 Louisa County, Virginia. The days at ''Serenity Hall" 
 were the joyous days of the family residence at Lexing- 
 ton. It was an estate of between two and three hundred 
 acres of the famous blue grass. The old house at that 
 time could claim an approach to the appointments and 
 dignity of a palace. The old servants were again about 
 the family recalling the old days and early associations. 
 "Granny Peg" who had been purchased as a child from 
 a slaver on the James River as an act of compassion by 
 William Moir, as the mother's maid, was here at liberty 
 to scold while she rendered tireless, faithful service. 
 Here Tishey the cook, and Jackson the coachman, in 
 unconscious servitude performed their daily duties with 
 pride of place and association. The home and farm main- 
 tained a company of more than twenty servants who in 
 the homestead, spinninghouse, shop and field made a com- 
 munity that was quite self-supporting. Even in such a 
 home, life was simple; satisfying pleasure abounded in 
 field and forest and in the social intercourse with friends 
 and neighbors. Sundays always found the families at 
 the Episcopal Church where all were communicants and 
 where each found mental and social as well as spiritual 
 
24 STEVENS T. MASON 
 
 satisfaction. Young Tom, now a lad of six years, with 
 his sister Mary a year his senior, were now receiving 
 daily instruction from Mr. January, the tutor, who had 
 come out from Virginia. The monotony of the school 
 days was varied by a romp about the quarters with Sam, 
 Robert, Evelena or Coty, or perhaps in listening to some 
 folklore tale from the lips of old Peff or Granny Peg, 
 whose store of wonders was well nigh inexhaustible. At 
 infrequent intervals the family was treated to the delight 
 of a journey back to the old Virginia home. The father 
 did not relinquish his professional labors even when he 
 assumed the cares of a farm proprietor, and time brought 
 still others. In 1817 a branch of the United States Bank 
 was organized at Lexington and John Mason became one 
 of its directors. While other enterprises claimed his 
 interest and attention, yet on occasions the father found 
 time from his business and professional career to join 
 in those trips back to his own boyhood home. 
 
 Long years afterwards, the joys of those journeys 
 remained with those who participated in them. It 
 required the better part of three weeks for the old coach 
 and its four-horse team to cover the distance. The trav- 
 elers never tired of the changing scenes amid the hills 
 and valleys that filled the way. Daily the midday meal 
 was devoured beside some spring or babbling brook, while 
 the nights were spent beneath the roofs of the homes 
 of the pioneers where they were treated to the crude but 
 unstinted hospitality of that early day. In later years 
 one of the children recalled that it was the custom of 
 the mother on these journeys to charge the one who rode 
 ahead to find the stopping places for the night, to select 
 the house that had curtains at the windows, reasoning 
 
THE SOJOURN IN KENTUCKY 25 
 
 that curtains were a true mark of both affluence and 
 gentility. The arrival at the old home at Raspberry 
 Plain and the meeting of the numerous kinfolk was the 
 crowning joy of the journey. At times pressing business 
 required that the father should forego the companion- 
 ship of his wife and children and should make the journey 
 hurriedly and alone. One such occasion plunged the 
 family into deepest sorrow. It was when in the early 
 days of 1819 a swift messenger brought the sad tidings 
 that the father's beloved and only brother, Armstead 
 Thomson Mason, had been killed in a duel with his cousin. 
 Colonel John McCarty. At Leesburg the old inhabitants 
 mil still tell you the old story as it has been handed from 
 the father to the son: how the quarrel started between 
 Mason and McCarty, who were opposing candidates for 
 congress ; how they met with rifles on the famous dueling 
 ground at Bladensburg, Maryland; how at the signal 
 both rifles cracked with one report; how the bullet from 
 Mason's weapon shattered McCarty 's arm and how the 
 one from McCarty 's rifle struck the lock of the one in 
 Mason's hands, split in two, one-half burying itself in 
 the heart of the victim. They Avill tell you further of how 
 because of the tragedy a beautiful young lady refused 
 to become McCarty 's bride and how later they were 
 brought together by the magic of a song, and they may 
 tell you how years later their child and first born of their 
 union, dead from a weapon in his own hands, lay in the 
 same room at old Easpberry Plain that had been the 
 death chamber of Armstead Thomson Mason. The death 
 of this brother was a sore blow to John Mason, for the 
 tie between them was of the tenderest, the only son of 
 the former having been given the name of the cousin, 
 
26 STEVENS T. MASON 
 
 Stevens Thomson Mason, destined to meet the death 
 of a soldier as an officer of the Union forces in the war 
 with Mexico. 
 
 This same year an event transpired that may have 
 had some bearing on the later career of the ''Boy Gov- 
 ernor" of Michigan. James Monroe was then President 
 of the United States. Years before and while John 
 Mason and his young wife were still residents of Lou- 
 doun County, ''Oak Hill," the country home of James 
 Monroe, was but a moment's drive from the Mason home 
 at Easpberry Plain. Between the two families there had 
 long been the most cordial and friendly relations, indeed 
 Monroe had stood as the godfather for the infant daugh- 
 ter Mary before the family had emigrated to Kentucky. 
 Even then he had held many high places in the gift of 
 his state and nation, having served with George Mason 
 in the famous Virginia convention of 1788; been gover- 
 nor of his State, member of the United States Senate and 
 minister to France. Now as President he was making 
 a tour promoting "the era of good feeling." Lexington 
 was one of the cities whose fortune it was to lay in 
 the course of his itinerary. Its citizens made becoming 
 preparations for the reception and entertainment of 
 their honored guest. Whig sentiment was strong in Lex- 
 ington, as it was strong in Kentucky generally at that 
 time; and one cannot repress a smile as he scans the 
 columns of the Lexington Gazette of that time and notes 
 the strenuous objection of the paper to the preparations 
 made and especially to the company of cavalry that was 
 detailed to act as the honorary escort into the city as 
 being unsuited to that simplicity that should be regarded 
 by the head of a republic; but the cavalry and other 
 
THE SOJOURN IN KENTUCKY ^ 
 
 military companies joined in the reception. A public 
 dinner was given the President and his suite at Keen's 
 Hotel. A to^\^l address was delivered by a select com- 
 mittee of which John Mason was a member and responses 
 were made by the distinguished guests. The festivities 
 lasted for three days mth a Sunday intervening and 
 during the time the President and his suite enjoyed the 
 hospitality of his old Virginia friends. Among the com- 
 pany at ''Serenity Hall" there was a wounded hero who 
 was eyed with special veneration by the youthful Tom, 
 for he was the popular idol of the hour, his fame advanc- 
 ing in every corner of the new republic. It was General 
 Jackson, the hero of New Orleans, fresh from his Florida 
 campaign. He was then in the full vigor of his years 
 but somewhat weakened from the effects of the wound 
 received in his duel with Dickinson thirteen years before, 
 and the children of the home always remembered him as, 
 resting on the sofa, he took a toddy from their mother's 
 hand. In after years when Andrew Jackson had become 
 president of the Republic and young Mason had need 
 of a friend in high place, how much he owed to this chance 
 meeting and to the fact that Old Hickory had once 
 enjoyed the hospitality of his father's home, the records 
 will never tell. 
 
 In the latter part of the year 1819 John Mason parted 
 with ''Serenity Hall" and many of the servants and soon 
 became interested "with other gentlemen in the develop- 
 ment of the iron deposits in the vicinity of Owingsville 
 and Beaver creek. He still retained considerable prop- 
 erty in Lexington and vicinity and from old family letters 
 we find that for the next two or three years the family 
 made several changes in its place of residence. Some- 
 
28 STEVENS T. MASON 
 
 times they were at the ''Swift" house and sometimes 
 at the ''Higgins" house. Even before they left ''Seren- 
 ity Hall" young Tom had begun the preparatory work 
 for entrance into Transylvania University where in 
 later years he became a student. Daily in company with 
 young John Barry and other youthful associates he rode 
 his pony into the town, returning when the day's lessons 
 were learned and recited. We find that during these boy- 
 hood days young Mason was anything but an effeminate 
 lad; he had both the spirit and the courage of youth 
 and on more than one occasion seems to have been will- 
 ing to engage with riding-whip and fists in the contests 
 that decide boyish claims of honor. It was in 1822 that 
 Tom suffered his first great bereavement which came in 
 the death of his sister and playmate Mary. To him the 
 loss of this sister was the cause of most poignant grief 
 and to the fond parents the occasion of a lasting sorrow. 
 And now, as if disasters were destined never to come 
 singly, the fortunes of the father, which but a few years 
 before had seemed of the brightest, were beginning to 
 darken. At first a material loss through the failure of 
 business associates for whom he had become surety was 
 borne with the belief that he might in time retrieve from 
 the wreckage of them who had brought him his loss, but 
 the continuing shrinkage in value of the property from 
 which he sought to realize, left him but little in the equi- 
 ties; and then it was that he turned Bis attention to his 
 iron properties at Owingsville and on the Beaver and to a 
 distillery at or near Mount Sterling. Although the 
 financial reverses that had been suffered were consider- 
 able, John Mason was still reckoned among the men of 
 affairs in the community and he went resolutely to work 
 
THE SOJOURN IN KENTUCKY 2© 
 
 to rehabilitate his fortune. The Kentucky Assembly in 
 1823, evidently taking notice of his efforts in the develop- 
 ment of the iron industry at the Beaver Forge, gave 
 legislative sanction to the creation of a '' lottery for the 
 opening and improving of the road from the Olympian 
 Springs to the Beaver Creek iron works, ' ' Lotteries of 
 this character were institutions quite common in that 
 day and of this particular one John Mason was made 
 one of the managers. At this time the family removed 
 to Jowetts Farms or "Indian Fields" that the wife and 
 children might be near the father, although there is 
 reason to believe that Tom remained at his books at 
 Lexington. 
 
 These were the days of care-free joy for the children, 
 especially during the long summer days when young Tom 
 was free from school restraints to be the leader in their 
 frolics afield. Sometimes for weeks they were at the 
 Olympian Springs or Mudlicks, drinking in strength and 
 vigor as much from the air of the hills as from the water 
 which broke pure and sparkling from many springs. The 
 incidents of the Bath County residence long continued 
 a subject of delightful reminiscence and pleasant reflec- 
 tion. It had not been intended that the family should 
 take up a permanent residence among ''The Knobs" as 
 the Bath County country was called, and upon the death 
 of the grandmother at Raspberry Plain in 1824 the family 
 returned to Lexington, which was better suited to the 
 profitable employment of the servants who now came to 
 the father from the mother's estate. John Quincy 
 Adams, on being elected President the same year called 
 Henry Clay to his Cabinet as Secretary of State, and the 
 next year, 1825, John Mason became a tenant of "Ash- 
 
30 STEVENS T. MASON 
 
 land" where the family resumed a most happy existence. 
 The sister Emily was now a student in Colonel Denham's 
 school, and a little later a student in the famous French 
 school of Madame Mantelli, to which she rode daily 
 behind the brother on his pony, with John Jackson, the 
 coachman, riding one of the carriage horses close at hand 
 to see that no harm befell. Of this latter school the sister 
 Emily three-quarters of a century later said: ''Here 
 we danced and sang and were as gay as only French 
 people can make a house. Madame played the violin, 
 her son Waldemar, the clarinet, and Mam'selle Marie 
 danced with a grace beyond anything I ever imagined, 
 while Mam'selle Louise made the best waffles ever eaten. 
 It was a happy household, giving happiness to all within 
 its reach, and here I got on rapidly. ' ' 
 
 At this time the great Lafayette was on a visit to the 
 nation by invitation of Congress, and in May, 1825, he 
 was the guest of the town of Lexington, whose citizens 
 were not outdone by those of other cities in demonstra- 
 tions of enthusiastic welcome with which he was every- 
 where greeted. It was a day that made a lasting impres- 
 sion upon the mind of young Tom, for the stories of the 
 Revolution and the part his ancestors had t^ken therein 
 had made its heroes all beings of special veneration to 
 him. And then it was a day in which the youth and chil- 
 dren took an active part. Tom and his mates were in 
 the gay procession, and his sister among the white 
 gowned company that scattered flowers along the way. 
 The ball given in the evening, upon which Tom and his 
 sister were permitted to look for a tim.e, long remained 
 to them the cro\\Tiing scene of gaiety and splendor. Year 
 
THE SOJOURN IN KENTUCKY 31 
 
 after year they would sometimes call to mind one of the 
 songs composed for the occasion : 
 
 Let Brandywine the story tell, 
 
 And Monmouth loud acclaim, 
 Let York in triumph loudly swell 
 
 The measure of his fame. 
 
 For Auld Lang Syne, my dear, 
 
 We never can forget 
 When dangers pressed and foes were near, 
 
 Our friend was Lafayette. 
 
 He crossed the broad Atlantic wave, 
 
 And swore we should be free; 
 He led the bravest of the brave 
 
 To death or victory. 
 
 For Auld Lang Syne, my dear, etc. 
 
 But little less impressive than the honors paid to 
 Lafayette were the solemn memorial services following 
 the death of Thomas Jefferson and John Adams on the 
 same day, July 4, 1826. Then as on the former occasion 
 there were the processions, but now instead of flowers 
 they wore black sashes as a badge of mourning, the cere- 
 monies closing with an oration delivered from a rostrum 
 in the open air by the uncle, Hon. William T. Barry. 
 
 The family continued to reside at Ashland until 1827. 
 Young Tom had now become a man of stature, tall for 
 his years; his handsome face and figure and his frank 
 engaging manner were the subjects of frequent mention 
 in the letters of his friends and relatives. A cultured 
 home and an alert and active mind had made it possible 
 for him to make progress in books and education much 
 beyond his years. Although his attainments were not 
 markedly different from those of the average youth who 
 were likewise fortunately surrounded, he yet possessed 
 
32 STEVENS T. MASON 
 
 certain manly qualities which, with an absence of arro- 
 gance and vanity, brought him even in his youth the 
 notice and friendship of men many years his senior, some 
 of whom had made for themselves names of disting-uished 
 honor ; among whom may be mentioned the Hon. Eichard 
 M. Johnson, who later became Vice President, and who 
 was ever willing to respond Avith kindly counsel in the 
 days when official burdens came to the Boy Governor. 
 
 Had it been the will of Providence that the life of 
 Stevens T. Mason should be spent in old Kentucky, it 
 would seem that his youthful abilities and friendly asso- 
 ciations might reasonably have been taken as the token 
 of a bright and successful future amid the scenes and 
 companions of his boyhood; but Providence had seem- 
 ingly decreed that the theater of his manhood activities 
 was to be in a region far distant from the home of his 
 early years, and that his fame was to be wrought in a 
 sphere quite foreign to any that his boyhood dreams or 
 aspirations had conceived. John Mason still retained 
 his interest in the iron industry among the Bath County 
 hills. The methods of production were necessarily crude 
 and the means of transportation slow and uncertain. 
 Except such as went by wagons to the more or less 
 remote localities, the only means of transportation for 
 the manufactured product was by flat boats floated down 
 the Slate or Beaver creeks to the Licking River and 
 thence to the broad Ohio, from Avhence the comparatively 
 small cargoes were distributed to the towns which at 
 intervals had come into being upon its shores. At about 
 this time Mason had intrusted to an agent such a cargo 
 of bar iron and castings to be sold at the Ohio ports. 
 The cargo was disposed of, but the agent defaulted in 
 
\-> r- 
 
 
 E-i o a 
 
 J3 ? 
 
. S c c -- 
 S 5 =s o 
 
 
 " tw X i. .- "^ 
 
 /% c a. j; r :, 
 
 ^ CD K"w 
 
 >'; T*3 = r.E 
 
 
 a - "> >> 
 
 $ S " - 
 
THE SOJOURN IN KENTUCKY 33 
 
 accounting for the proceeds to the amount of more than 
 eight thousand dollars. Although to the great iron com- 
 panies of today such a loss would be of small moment, 
 it was far different in 1827 when such a cargo represented 
 long weeks of labor and a material portion of the capital 
 invested. To John Mason the loss was a financial dis- 
 aster. It meant inability to meet his own obligations 
 and suits and resulting executions to deplete still further 
 his already reduced possessions. This misfortune again 
 sent the family to the Bath County "Knobs." They 
 spent the summer at the Olympian Springs, and the fol- 
 lowing winter at the quaint village of Owingsville, which 
 is still one of the most interesting towns of Kentucky. 
 In the spring of 1828 they removed to Mt. Sterling, 
 which was their last Kentucky home. They were now a 
 numerous family, for if Providence had visited the father 
 with some misfortune. He had bestowed the blessing of 
 many children. It was while residing here that the eighth 
 daughter and last child was born. The little life was 
 doomed to be of short duration. One of the pathetic things 
 of the "Mt. Sterling days," which was in after years 
 recalled, was the death of the little one, and how for the 
 want of a clergyman, the father stood by the open grave 
 and in faltering voice read the service of the church as 
 the family knelt about. 
 
 It is one of the blessings of life that adversity cannot 
 cloud the joys of childhood, and so while many a burden 
 of care and trouble rested upon the heart of the father 
 and the mother, who keenly felt their altered circum- 
 stances, the children found in the new scenes and sur- 
 roundings the essentials of a joyous existence. The resi- 
 dence was at the border of the town and in its appoint- 
 
34 STEVENS T. MASON 
 
 ments furnished all of the comfort, and for that day, 
 some of the elegance to be desired in a home. Its lawn 
 studded with lilacs and roses, sloped to a green meadow 
 beyond, and its spacious garden furnished the means of 
 many an hour's delight. A few of the old servants still 
 remained with the family, and the father strove with 
 renewed energy to gather in the remnants of his fortune. 
 Tom was not unconscious of the changed conditions of 
 his father's affairs, and with a desire to lighten the fam- 
 ily burden, with true American spirit, became a grocer's 
 clerk; and the sister recalled in later years that the pen- 
 nies, so dear to the children in those days, came to them 
 from the earnings of ' ' Brother Tom. " For many months 
 young Mason applied himself with energy in his humble 
 calling, devoting the hours of night with his sister Emily 
 in learning the lessons marked for them by the father, 
 to be recited when he returned from the iron works or 
 from some distant ''circuit." The father had collected a 
 choice and for that day a moderately extensive library 
 of both legal and general literature, and from the latter 
 both Tom and his sister read with keen avidity. It was 
 then the brother began the practice he afterwards at 
 times continued, of writing out the choice passages of 
 the favorite authors he perused. 
 
 Had John Mason been born to the situation and envi- 
 ronment by which he was now limited, or had he been a 
 man of less restless energy, he might have found all of 
 the essentials of comfort and contentment in his present 
 station, for he still had the means of a livelihood; he 
 had that satisfying pleasure that comes to a parent from 
 a talented and interesting family and was a part of a 
 society that was not without a good degree of the charm 
 
THE SOJOURN IN KENTUCKY 35 
 
 of culture and refinement. But like many another man, 
 John Mason could not shut out the past; he still hoped 
 to retrieve the fortune of other days. There is nothing 
 to indicate that as yet he had ever taken more than a 
 general interest in things political. His ambition had 
 been for professional and business success and never 
 for politics as a business or profession. Years later 
 when the son was the central figure in the political affairs 
 of the new commonwealth of Michigan, he urged profes- 
 sional and business attainments rather than political 
 preferment as the more worthy object of his ambition. 
 All the reasons that may have influenced John Mason to 
 seek a political appointment, it is not now possible to 
 ascertain. Among such reasons, a desire to remove from 
 the witnessing associations of his misfortune, to provide 
 an assured support for a numerous family while he built 
 up a business in the new community or while he turned 
 his energies and attentions to enterprises of a character 
 that might or might not yield immediate profit, were 
 undoubtedly reasons of a more or less persuasive char- 
 acter. 
 
 Andrew Jackson was elected President in 1828, and 
 on the 4th day of March, 1829, assumed the duties 
 of his office. The following months were of more than 
 ordinary political activity and interest. Not only were 
 great questions engaging the attention of statesmen, but 
 Jackson had assumed office with the lesser official posi- 
 tions of, the country filled with his political enemies who 
 were not averse to using their power to the detriment 
 of his administration. As a matter of self defense, many 
 of such officials were removed and friends of the Presi- 
 dent and his policies appointed in their places. William 
 
36 STEVENS T. MASON 
 
 T. Barry was now a member of the President's Cabinet, 
 being the first Postmaster General to occupy a Cabinet 
 position. With such motives and under such political 
 conditions, John T. Mason either sought or had tendered 
 to him the office of Secretary of the Territory of Mich- 
 igan, which for many years had been filled by Hon. 
 James Witherell, General Lewis Cass being then the 
 Governor. The political prospect was an exceedingly 
 pleasing one to young Tom. The contest of the preced- 
 ing campaign had intensified his enthusiasm for General 
 Jackson, who was already the military hero of the Nation, 
 and quickened his interest in those great political princi- 
 ples for which his ancestors had done battle for more 
 than a century upon American soil. Moreover, Michigan 
 and her mighty lakes had a strong hold upon his youthful 
 imagination. In the war of 1812 a large number of the 
 soldiers who had marched to the northern border were 
 from the homes of Lexington and surrounding country. 
 Many a time he had listened with rapt attention to the 
 recital of the sufferings of those brave Kentuckians who 
 were with Winchester at the battle of the Raisin; with 
 Shelby and Harrison beyond Lake Erie, and who rode 
 with Johnson at the final battle of the Thames where 
 the brave Tecumseh fell with his face to the foe. 
 
 John T. Mason received his appointment on the 20th 
 day of May, 1830, but before that time both father and 
 son had said good-bye to mother and sister and had taken 
 their way back to the old Virginia home, where after 
 hasty greetings and adieus, they hurried to Washington 
 where the father concluded the duties preliminary to 
 entering upon his oflScial station in far-away Michigan. 
 From Washington by the slow conveyances of the day, 
 
THE SOJOURN IN KENTUCKY 37 
 
 through Philadelphia, New York, Albany and the Erie 
 Canal, they sought the distant village of Detroit where 
 they arrived on the ISth day of July. In time a home 
 for the reception of the family was procured, and a&^he- 
 as the father at the time was Acting Governor in the 
 absence of General Cass, Thomson returned in the early 
 autumn to bring the family to its new home. The last 
 days in Kentucky were spent at Owingsville with Mr, 
 Ambrose Dudley Mann, who had been a student in the 
 office of John Mason at Lexington, and who in later years 
 represented the Government in the diplomatic service at 
 Trieste, Hanover and Berlin, closing his official career 
 as a Commissioner from the Confederate States to some 
 of the continental countries of Europe from 1861-65. Of 
 these last days this distinguished man later wrote, "They 
 were passed with my wife and mj^self with mingled joy 
 and sorrow on all sides, — joy in charming associations, 
 sorrow that it could not be continued. ' ' 
 
 In early October, when from the hilltojDs they looked 
 across the wooded valleys resplendent in vestments of 
 crimson and gold, the family took its departure. Granny 
 Peg and one or two servants accompanying, faithful even 
 into the land where their freedom was assured. After 
 many days of travel over hill and through vale to the 
 city of Cincinnati and thence northward, the numerous 
 family with their effects joined the father at Detroit; 
 and no one could see, even in the dim realm of fancy, 
 what the future held for them in store. 
 
CHAPTER ni 
 
 Lite in Michigan Terkitory 
 
 IN 1830 Michigan Territory included not only the terri- 
 torial limits of the present State of Michigan but also 
 that of the present State of Wisconsin. In this vast 
 territory civilization had as yet done little more than 
 plant a few outposts from which to penetrate the wild 
 interior. Immigration into the Northwest had been into 
 Ohio, Indiana and Illinois. Michigan, by the force of 
 events, was compelled to await the settlement of these 
 former States before the stream of emigration turned 
 towards her borders. In 1830 Michigan Territory, 
 although it was the land of the Northwest first touched 
 by the foot of European, could boast a population of but 
 32,531, and a little more than three thousand of these 
 were in the region west of Lake Michigan, where settle- 
 ment had been made at Green Bay and Mineral Point, 
 numbers having been drawn to the latter place by the 
 lead mines discovered there. 
 
 This territory was the remnant of the old Northwest, 
 and its government had passed through various trans- 
 mutations from the system inaugurated under the Ordi- 
 nance of 1787. Under the paramount control of the • 
 President and Congress, its government was now in- 
 trusted to executive and judicial branches appointed by 
 the President with the advice and consent of the Senate, 
 the legislative branch being vested in a Territorial Coun- 
 cil of thirteen members, chosen by the vote of the people, 
 
LIFE IN MICHIGAN TERRITORY 39 
 
 as was also the Territorial Delegate who had a seat in 
 the national Congress. The Governor was the execu- 
 tive head oi the Territory and Secretary of Indian 
 Affairs within its limits. He had the power to pardon 
 offences against the laws of the United States. He had 
 likewise the power of appointing in the counties of the 
 Territory all Justices of the Peace, Judges of Probate 
 and Judges of County Courts, Sheriffs, Clerks and judi- 
 cial officers generally. 
 
 The Territorial Secretary had various administrative 
 duties and in the absence of the Governor discharged 
 as Acting Governor the duties of his superior. The 
 supreme judiciary was a court of one presiding judge 
 and two associate judges who had both common law and 
 equity jurisdiction, and who held their court in stated 
 places in the Territory. From this court an appeal might 
 be taken to the Supreme Court of the United States and 
 to it appeal might be taken from the courts of lesser 
 jurisdiction. At this time likemse a provision had been 
 made for a District Court to provide for the needs of 
 that distant region known as the County of Mackinac. 
 The Territorial Council, gathered at Detroit from the 
 near and distant places of the Territory, had authority 
 to legislate; for territorial affairs and their enactments 
 had the force of law until Congress refused approval. 
 Under its authority counties were laid out, townships 
 organized and the machinery of local government pro- 
 vided. 
 
 As late as 1818 there were but six counties in the 
 entire Territory; Wayne, Monroe, Macomb and Mack- 
 inac were in Michigan proper, while Brown County, with 
 the county seat at Green Bay, included the eastern half 
 
40 STEVENS T. MASON 
 
 of the present State of Wisconsin, and Crawford County, 
 with county seat at Prairie du Chene, was the western 
 half. Such was the growth of population that by 1830 
 the country east of Lake Michigan had been carved into 
 twelve organized and twelve unorganized counties; 
 eleven of the number had been laid out in 1829, eight 
 of which had been given names for the President, Vice 
 President, members of the Cabinet, and Governor Cass. 
 
 Highways even in the organized counties were as yet 
 a rarity, the principal ones being the few military roads 
 projected by the Government and paid for by appropria- 
 tions from the national treasury. The first of these was 
 the road from Detroit to Perrysburg through the ** Black 
 Swamp" at the head of Lake Erie, a region that had 
 figured so disastrously in the War of 1812, for which an 
 appropriation was made in 1824. Three years later mili- 
 tary roads were under construction from Detroit to Chi- 
 cago, to Saginaw Bay, and to Fort Gratiot at the outlet 
 of Lake Huron ; while still another was to connect Detroit 
 with Monroe, the River Raisin and the road to Sandusky. 
 From these main highways radiated the blazed trails 
 which led to the isolated settlements of the border. 
 
 Of the counties east of Lake Michigan, Wayne, Wash- 
 tenaw, Oakland, Macomb and Monroe contained practi- 
 cally all of the population. A house or two at the Soo 
 kept alive its claim to being the oldest settlement of the 
 Territory; Fort Mackinac frowned from the heights of 
 the enchanting island of the northern Straits, and there 
 in season the traders and gay voyageurs, the Indians 
 and the coureurs de bois gathered to make ready for the 
 trade of another year, which was to take some of them 
 as far westward as the tributaries of the Missouri. From 
 
LIFE IN MICHIGAN TERRITORY 41 
 
 lake to lake southward the mighty forest stood unscarred 
 by the ax of the woodsman, except in a few places where 
 from the older days the white man had met the Indian 
 for trade or council, or upon the southern border where 
 the settlers were beginning to carve their clearings. At 
 Saginaw, General Cass had met the Chippewas in council 
 in 1819, wiien the treaty was signed whereby the Govern- 
 ment took over the lands of eastern Michigan. At this 
 place there was now little more to the *'city" than the 
 stockade fort erected by the General Government a year 
 later, together with the buildings of the American Fur 
 Company; the fort had been abandoned in 1824 because 
 of the illness of the greater number of the garrison from 
 the fever and ague that was contracted from the marshes 
 of the region. 
 
 Frenchto^vn of the earlier days had become the more 
 pretentious village of Monroe. Tecumseh was on the 
 extreme frontier. General Joseph W. Bro^\Ti, Musgrove 
 Evans and Austin E. Wing, prominent names in the later 
 days of the Territory, had laid its foundations in 1824. 
 Samuel Dexter and a few neighbors were at the village 
 that still bears his name, while Ann Arbor and Ypsilanti 
 were villages of pretentious character. Their supplies 
 were packed through the woods from Detroit, drawn by 
 ox teams from the same place by way of an old road 
 through the village of Plymouth, or poled up the Huron 
 from Rawsonville, then called Snow's Landing. Mt. 
 Clemens, which had assumed the dignity of a village 
 many years before, couldn't yet show more than a few 
 score of inhabitants. A few clustering buildings marked 
 the modest beginning of the thriving city of Pontiac, 
 which was to be for some little time the northern ter- 
 
4i STEVENS T. MASON 
 
 minus of the Detroit and Saginaw Bay Turnpike. Here 
 and there a log dwelling or pioneer tavern may have 
 marked the site of other places now grown to busy marts 
 of trade and industry, but they differed little if any from 
 the primitive habitations which were the homes of the 
 far separated settlers in the isolated "clearings." 
 
 The only place along many miles of coast where the 
 eye of the voyager caught sight of the homes of men 
 long domiciled upon the soil was upon the beautiful 
 Detroit above and below the city of that name. From 
 the river's shore extended the ribbon-like farms of the 
 French habitants, their houses and barns brought in close 
 proximity, forming in many places a country street back 
 of which the old orchards of the apple and the pear 
 formed a charming background. In such homes dwelt 
 the French habitants in Arcadian simplicity. Their care- 
 free gaiety had become as a proverb, and the moss-grown 
 crucifix everywhere present on house and barn was the 
 sign of his continuing devotion. His little farm, the 
 industry within his home and the slow revolving wind- 
 mills that dotted every few miles of shore, supplied his 
 every comfort as well as the luxuries of his simple exis- 
 tence. Detroit was the metropolis of the territory by a 
 large majority, a century and quarter having raised it 
 to the dignity of a city of two thousand people. Although 
 old in years the town was essentially modern, for the 
 fire of twenty-five years before had swept away every 
 vestige of the old days with the exception of one or two 
 buildings. Its business portion was well confined 
 between Jefferson Avenue and the river and between 
 Griswold and Bates Streets. At the northwest corner 
 of Jefferson and Cass stood the old time hostelry known 
 
LIFE IN MICHIGAN TKRRITORX 41 
 
 as the "Mansion House," while the then famous ** Steam- 
 boat Hotel" where Uncle Ben Woodworth was for many 
 years the host, was at the northeast corner of Wood- 
 bridge and Randolph. At the corner of Larned and Bates 
 the imposing pile of Ste. Anne's was then approaching 
 completion. The territorial capitol was at what is now 
 Capitol Park, at that time so far '^out on the Common" 
 as to occasion much criticism because of the distance. 
 The Methodists, Presbyterians and Episcopalians had all 
 provided places of worship. The first named society had 
 begun the erection of its church edifice at Gratiot Avenue 
 and Farrar Street, which time demonstrated was so far 
 upon the ''Common" as to be unsuited for its purpose 
 and was ultimately abandoned for a site ''nearer town"; 
 the two latter societies had their houses of worship on 
 "Woodward Avenue between Larned and Congress 
 Streets, the church grounds being a part of what before 
 the fire had been known as "The English Burying 
 Ground. ' ' The homes of the people were upon Jefferson 
 Avenue east, Larned and Congress Streets, and dotted 
 a district as far north as the Campus Martins. Jef- 
 ferson Avenue extended but a short distance to the east- 
 ward, and from the Grand Circus the lines of tenantless 
 streets radiated into the adjacent forest. 
 
 More than one-half the inhabitants of Detroit con- 
 versed in the French tongue and lived the gay, light- 
 hearted existence of the French people. The conveyances 
 upon the streets were the two wheeled pony carts in 
 summer and the carioles in winter drawn by the sturdy 
 French or Indian ponies. Old habits and pleasing cus- 
 toms long survived to give color and variety to the days 
 of Old Detroit; with them likewise survived institutiouB 
 
44 STEVENS T. MASON 
 
 of an older and less charming character. In the old 
 market place on the south side of Jefferson Avenue in 
 the center of Woodward stood the stout oaken whipping 
 post where the knout was vigorously applied until abol- 
 ished in 1831. Imprisonment for debt, aflflicting culprits 
 with ball and chain, and selling the poor into servitude 
 were some of the survivals of those cruder times. Even 
 the gallows and a public execution was exhibited to the 
 populace of Detroit as late as September 30, 1830, when 
 one Simmons was marched to the gibbet to the music of 
 three drums and a fife with an escort of "Oakland County 
 Scouts" whose distinctive uniforms were blue shirts and 
 ''stove pipe" hats, — presenting a make-up at which it 
 was said the condemned man smiled as he faced eternity. 
 But even while the old survived, the new era was close 
 at hand. As early as 1818 the "Walk-in-the-water," the 
 first steamboat on the upper lakes, was plying between 
 Buffalo and Detroit; the current making it necessary 
 that the craft be towed in the vicinity of Black Kock, 
 twenty yoke of sleek oxen being used for the purpose, 
 which were facetiously termed "the horned breeze." 
 Although this pioneer craft was wrecked in 1821, her 
 machinery went into the more staunchly built Superior, 
 which with the Erie, the Daniel Webster and perhaps 
 others, continued for many years the means of easy pas- 
 age from Buffalo westward. The opening of the Erie 
 Canal in 1825 was the occasion of a rising tide of emi- 
 gration to the region of the Northwest, which by 1830 
 had assumed proportions of considerable magnitude. To 
 accommodate this growing volume of travel there was 
 organized in the year last mentioned the Great Western 
 Stage Company. It supplied a line of four horse post 
 
LIFE IN MICHIGAN TERRITORY 45 
 
 coaches running from Detroit to Chicago, when the Chi- 
 cago highway was in condition, and astonishing the west- 
 ern world by making the two hundred and eighty-eight 
 miles with passengers and mails in the surprisingly short 
 space of five days. 
 
 With the steamboat and stage coach, the refining insti- 
 tutions of the older communities were being transplanted 
 even though it was to take some time for them to obtain 
 a fast hold upon the soil. As early as 1809 Father Gabriel 
 Richard had started a newspaper. It was of short life, 
 and was followed by other journalistic enterprises of a 
 more or less precarious existence ; but in 1830 the North- 
 western Journal, and the Courier, at Detroit; the Oak- 
 land County Chronicle at Pontiac; T/ie Western Emigrant 
 at Ann Arbor, and the Inquirer at Monroe, were an 
 earnest of the press as a continuing factor in the pioneer 
 communities. 
 
 The means of education were as yet exceedingly lim- 
 ited. A few primitive structures designed for school 
 houses graced the pioneer settlements, and in Detroit a 
 twenty-four by fifty foot, two story brick structure stood 
 at the corner of Bates and Congress Streets designed 
 for the "University of Michigania," or "Catholepis- 
 temiad," as it was euphemistically, if somewhat pedant- 
 ically called in the act of incorporation drawn by the 
 eccentric Judge Woodward. Although this structure was 
 built in 1817, it was for many years a place of experi- 
 ment rather than one of practical results in the cause 
 of education. Private schools were common until the 
 later establishment of the state system of primary 
 schools ; but it should not be assumed that the Territory 
 was lacking in men of ability, or that there was wanting 
 
4S STEVENS T. MASON 
 
 a good degree of culture and refinement. The emigrant 
 from New England and New York brought with him in 
 many instances the best that the schools and colleges of 
 the East could give, the early government of Michigan 
 calling to the service of the State an unusually large 
 number of men of high training and ability, Detroit 
 was in that day exceptionally situated to promote among 
 its people a high degree of culture and refinement. The 
 fort and military establishment called many men of edu- 
 cation to the post, and as the territorial capitol it like- 
 wise became the home of the executive and judicial 
 officers of the Territory, not only of those then in office, 
 but likewise of those who had come out in previous years 
 and who had remained after the close of official tenure 
 to follow other occupations. The federal and territorial 
 courts at Detroit had drawn to the city a bar of eminent 
 ability, among whose members were Lewis Cass, William 
 Woodbridge, Charles Larned, Elon Farnsworth and 
 others of equal prominence in that and later days ; while 
 other professions were represented according to the 
 needs of the community. 
 
 As the principal means of communication with the out- 
 side world was by the lakes and the river, Detroit was 
 practically in a state of isolation for several months in 
 each year. Even the mails then came through by the 
 slow medium of horse and sleigh, or in severe weather 
 upon the back of the hardy carrier. It was not uncom- 
 mon even in later years for the city to pass periods of 
 more than two weeks without a New York mail. Such 
 seasons furnished the occasion for the height of social 
 gaiety. The frozen surface of the river was the scene of 
 almost daily contests between the fleet ponies and their 
 
LIFE IN MICHIGAN TERRITORY 47 
 
 vociferous drivers ; balls and merry makings not uncom- 
 monly filled the hours of night close to the coming of the 
 morning. The more cultured portion of the community 
 had recourse to literary and kindred societies where each 
 one gave of his talents and from which all derived both 
 profit and entertainment. It was in this capacity that 
 Douglas Houghton was first made known to Michigan, 
 who had been induced by Governor Cass and others to 
 come to Detroit to deliver a course of lectures on the 
 subject of chemistry during the winter of 1829. Poetical, 
 prose and scientific papers were prepared and read, to 
 be occasionally varied with dramatic productions by the 
 Thespian Corps, an organization composed largely of 
 army officers. Men of such finished scholarship as Major 
 Thomas Eowland, Mr. Charles C. Trowbridge, Major 
 John Biddle, General Lewis Cass, Major Henry Whiting 
 and Mr. Henry R. Schoolcraft, were willing contributors 
 to the Lyceum and Historical Society; the four last 
 named gentlemen delivered a series of essays subse- 
 quently gathered into the volume entitled Historical and 
 Scientific Sketches of Michigan, now so highly prized for 
 its historical and literary excellence. 
 
 Although the relation between Kentucky and Michigan 
 was much closer than it is today, because of the many 
 citizens of Kentucky who had participated in the Michi- 
 gan campaigns of the War of 1812 of whom some had 
 found homes in the Territory, yet the transition from 
 Lexington to Detroit was quite as marked as they had 
 been in countries foreign to each other. John T. Mason 
 and his family were soon a welcome addition to the 
 official and social life of the community. The first few 
 days following their arrival were passed as the guests of 
 
48 STEVENS T. MASON 
 
 Colonel Stephen Mack and Ms good wife of the Mansion 
 House. A little later they were comfortably located in a 
 commodious house on Congress Street in the rear of 
 which is now (1912) the Detroit Savings Bank. 
 
 The aged grandmother was still a member of the home, 
 the evening of her life reflecting the charms of tranquil 
 joys. Granny Peg, now decrepit and no longer able to 
 perform her old time services, was likewise a part of 
 the household, where her fidelity was remembered 
 although her usefulness was passed ; and well she merited 
 it, for she had given to both the mother and the Mason 
 children long years of watchful care exceeding that which 
 she had given to her own offspring, but Granny Peg with 
 all her virtues was not without her failings, and one of 
 the most grievous was her love for the dram. The 
 family would gladly have shut off the source of tempta- 
 tion and supply, but the young idlers about Detroit tav- 
 erns soon became acquainted with the mirth provoking 
 loquacity and volubility of the old Negress when her 
 tongue was properly loosened by liquor, and so it some- 
 times happened that Granny Peg would return with much 
 more than the day's marketing for which perchance she 
 had been sent. Such incidents were always followed by 
 reprimand and apparent repentance accompanied by the 
 most solemn promise that it would never occur again; 
 but to the end of her life Granny was occasionally obliged 
 to seek new forgiveness and renew her promise. 
 
 The family were not long in fitting into the ways of 
 their new associations. Thomson continued his studies 
 with the father, working with him in the discharge of his 
 official duties as Territorial Secretary, and occasionally 
 performing the duties of private secretary to the Gov- 
 
GEX. JOHN TIIOMSOX MASON 
 
 Of Itasplnnry riaiii. \ii. ITST-lS'iO, father of (iovenior Mason. Sccrftary ami 
 Acting (iiivcinov Michigan Territory, 1S:!0-1S:!1. 
 
EMILY VIUGIXIA :MAS0X 
 Sister of Stovcns ThomsDii Ma> 
 
c - 
 H 2 
 
LIFE m MICHIGAN TERRITORY 49 
 
 ernor, Lewis Cass. During the fall and winter of 1830 
 the Governor was called from the Territory and at such 
 times the father became the Acting Governor, as a result 
 of which the son gained a considerable familiarity with 
 the routine of the office filled by the father. It has 
 already been said that the winter months of these years 
 in Detroit were times of unrestrained gaiety and social 
 pleasure ; it would have been more than strange if such 
 features had not had some attraction to the handsome, 
 spirited son of the Secretary. If not a leader in social 
 conviviality, he at least joined willingly in those youthful 
 gatherings where exuberance of spirit was sometimes 
 exhibited. He found passing pleasure in the balls and 
 other functions of a social nature, and may at times have 
 joined with boon companions in more boisterous gaieties 
 at the tavern or other places of meeting; but such inci- 
 dents were far from indicative of his general character, 
 which had in it even in youth much serious purpose and 
 future promise. So that while he had the love of a circle 
 of vivacious companions he did not forfeit the good will 
 and kindly interest of by much the larger portion of his 
 elders. The two older sisters were soon attending the 
 school of some Belgian sisters, and some two years later 
 took lessons in French and special subjects from Father 
 Kundig, a Swiss, and Father Bowdoel, an elegant French- 
 man. 
 
 More than seventy-five years later the elder sister, 
 Emily, set down in a style of youthful exuberance her 
 reminiscences of the later school day experience, which 
 we are safe in assuming is a typical portrayal of the 
 satisfying pleasures which the society of that day 
 afforded. **What charming recollections of those davs 
 
50 STEVENS T. MASON 
 
 of simple pleasures crowd upon me," she wrote. ''Good 
 Father Kundig made for us a theater in the basement 
 of the Cathedral where we acted Hannah Moore's and 
 Miss Edgeworth's pieces to admiring audiences of par- 
 ents and friends. My sister Kate as Mrs. Battle in ' Old 
 Poz' and Josie Desnoyer as 'William' in hat and cravat 
 of her father, a world too wide, and his brass buttoned 
 coat, the tails of which reached to the floor, produced 
 peals of laughter. My youngest sister Laura mth gilt 
 paper crown and scepter and long white gown was Canute 
 the Great, bidding the waters retreat. Seized with stage 
 fright after the first scene she refused to return to the 
 'boards,' when Father Kundig gravely announced the 
 'indisposition on the part of King Canute' and prayed 
 the audience to excuse his further appearance. Between 
 acts he played the piano, was candle snuffer, proprietor, 
 scene shifter, everything, with unfailing interest and 
 good humor." 
 
 Of both the pleasures and refinements which the com- 
 munity offered, the family took its share; but so far as 
 young Thomson was concerned there was a third source 
 from which he may have drawn the inspiration of later 
 years, a source that reflected a state of public mind which 
 it is quite necessary to understand if we would compre- 
 hend the history of the time and his connection there- 
 with ; and that is, the thought of the people as expressed 
 through the legislative body of the Territory, the Terri- 
 torial Council. The meeting of the Council, although it 
 was composed of but thirteen members, was a matter 
 of quite as much importance to the people interested 
 as might be the meeting of a numerous legislative body 
 of a pretentious commonwealth. The messages of Gov- 
 
LIFE IN MICHIGAN TERRITORY 51 
 
 ernor Cass to this small body were prepared mth quite 
 as much care and covered quite as important topics as do 
 the like documents of the present day. The second ses- 
 sion of the fourth Council convened at Detroit, Janu- 
 ary 5, 1831, and did not conclude its labors until March 4 
 following. The Governor's message dwelt at consider- 
 ■able length upon the attempts of Indiana and Ohio to push 
 their boundaries northward onto the rightful Territory 
 of Michigan, thus early bringing to the attention of young 
 Mason the question which four years later was to become 
 the occasion of his greatest popularity. 
 
 The enactments of the Council, although in the main 
 sensible and proper, nevertheless contain some matters 
 that disclose the inability of the legislator of that day 
 to forecast the great developments of the future. Among 
 such matters may be mentioned a memorial addressed 
 to Congress asking for the grant of four townships of 
 land from the National Government with which to aid the 
 establishment of a silk industry ^\ithin the Territory. 
 The memorial recited as the reason for the desire to estab- 
 lish such an industry, that*' 'the Peninsula on account of 
 its locality requires that its inhabitants should be engaged 
 in some branch of industry the products of which will 
 warrant an inland transportation to a very distant mar- 
 ket, so distant, from this Territory are the great marts 
 of commerce that the common productions of the agri- 
 culturist poorly pay for the labor which they cost after 
 deducting the cost of transportation. ' ' Little could they 
 then conceive that before the close of the lives of many 
 of the men who gave their votes to the memorial, the 
 products of farms thousands of miles still further west- 
 ward would be passing in an almost unending procession 
 
52 STEVENS T. MASON 
 
 to the eastern markets, and that in that mysterious West 
 there would soon be ''marts of commerce" surpassing 
 in population and industry anything that the East to that 
 time had known. 
 
 With great railway systems crossing the southern lim- 
 its of our State bringing New York and Chicago almost 
 as close together as the limits of a day's stage-coach 
 journey in the olden times, we are apt to smile in derision 
 at the men who in 1837 sought to construct a system of 
 canals connecting the waters of Lakes Michigan and 
 Huron. Sometimes writers with a wrong perspective 
 have pointed to the effort as proof of the limited abilities 
 of the men who then directed the affairs of State. But 
 in 1831 when Lewis Cass w^as Governor and the names of 
 Henry Schoolcraft and Elon Farnsworth appear among 
 the members of the Council, a memorial was adopted 
 addressed to the Congress of the United States asking 
 for a topographical survey of the country lying between 
 the waters of the "Sogona" (Saginaw) and Grand River 
 of the Michigan peninsula preparatory to the construc- 
 tion of a canal joining these waters. The memorial 
 recited that "Nature appears to have pointed out this 
 connection by the deep indentation of Sogona and its 
 recipient, Sogona River; and by the copious waters of 
 Grand River which take their rise in the secondary table 
 lands of that country, ' ' following with a statement of the 
 feasibility of the canal's construction, and closing with 
 the statement that "whoever examines the peninsula of 
 land drawm upon the maps, with Lake Michigan upon the 
 west and the arable farming and mining country extend- 
 ing from Green Bay to the Mississippi, must led to per- 
 ceive that whenever that area of country settles and fills 
 
LIFE IN MICHIGAN TERRITORY 53 
 
 up, as it is now in process of doing, its products must 
 seek a market through the Lakes, and how this market 
 can be attained A\ithout passing through the Straits of 
 Michilimackinac closed with ice six months in the year 
 will assume a character of deeper interest." The records 
 indicate that when a few years later the people formed 
 a Constitution and sought to inaugurate a system of 
 internal improvements, tlie idea was not the caprice of 
 the day, but was in response to a public opinion that had 
 been years in forming and which had been championed 
 by many, if not most, of the leading men of the Territory. 
 
 During the year 1830 John T. Mason began the per- 
 fecting of arrangements that were to take him to Mexico 
 and that w^ere to absorb his energies for the remainder of 
 of his life. He had inherited from his father certain 
 land claims which had accrued to the father as a Colonel 
 in the Revolutionary War. With failing fortune John T. 
 Mason sought to convert these claims into a more tan- 
 gible asset. Texas was now knowTi to be a country rich 
 in possibilities. Colonists from the southern States had 
 flocked across the border in large numbers and companies 
 were being formed to acquire lands and take out colonists 
 under contract. General Mason succeeded in exchanging 
 his Revolutionary land claims for an interest in such a 
 company and soon became associated with others in the 
 ownership of a vast tract of land upon the Red River. 
 The prosecution of this venture soon made it necessary 
 that he surrender his official position and reside for con- 
 siderable lengths of time in Mexico and at other places 
 far distant from his family. 
 
 There has always been a belief among those associated 
 with General Mason that his mission to Mexico and Texas 
 
54 STEVENS T. MASON 
 
 was of more than a personal character. It is known 
 that at this time President Jackson was anxious for the 
 acquisition of Texas and was making use of both open 
 offer and secret diplomacy to secure that end. It is quite 
 probable that the President was at least willing to render 
 such assistance as might result from continuing the son 
 in the office of the father while the latter became a factor 
 in the Texas situation. The support of the family at 
 Detroit was certainly a matter of much importance to 
 the father whose mission whether personal or confidential 
 was to take him to a far distant land. 
 
 It was such practical considerations coupled with a 
 worthy ambition that prompted the son to aspire to the 
 office about to be vacated by the father. It is impossible 
 to say when the subject was first canvassed between 
 father and son, or to tell who of the many partisans of 
 the President in Detroit w^ere consulted as to the con- 
 templated change in the secretaryship of the Territory. 
 No notice of the pending matter reached the public, 
 although it must have been known to certain individuals 
 for a considerable time. Governor Cass was called to 
 the President's Cabinet in July, 1831, and long previous 
 to his appointment he had visited the President; it is 
 not too much to presume that the whole subject of Mich- 
 igan politics was then thoroughly canvassed ; it was sig- 
 nificant that soon after his return John T. Mason and 
 his son Stevens T. repaired to Washington to lay the 
 matter before the President and his advisors. There 
 was little need of the father calling to the assistance of 
 the son the powerful political support that through rela- 
 tionship and association was at his command. Either 
 the claim of friendship started twelve years before, or 
 
LIFE IN MICHIGAN TERRITORY 55 
 
 the anticipated services of the father in other fields, or 
 the spirited but frank engaging manner of the young man, 
 quite readily won the favor of the President, who on the 
 12th day of July signed his commission as Secretary of 
 Michigan Territory. "When young Mason took his 
 departure the President gave him many assurances of 
 his kindly interest and requested him to apprise him fre- 
 quently of the trend of events in the distant region where 
 he was to exercise his official duties. He arrived in 
 Detroit on the 24th and on the day following was sworn 
 into office, his superior, Lewis Cass, administering the 
 oath of office. 
 
CHAPTER IV 
 
 Secbetaky Mason , 
 
 T T is quite impossible at this day accurately to portray 
 ■^ tlie ungracious feeling which in 1831 had become a 
 marked characteristic of the political life of Detroit and 
 to a less extent of the other communities of the Territory. 
 The average citizen of the time rendered a loose allegiance 
 to the principles either of the Democratic-Republican or 
 of the Whig party ; but the most strongly marked division 
 was between the personal followers of Henry Clay and 
 Andrew Jackson. Then, as has always been the case, 
 the division on the personality of the leader was a source 
 of more bitter controversy than would have arisen from 
 serious political issues. Quarrels of a personal and semi- 
 political nature became distressingly common, and there 
 were few men in public positions so fortunate as to wholly 
 escape being drawn into one of another of the factions 
 thus created. The condition was rendered even more 
 anomalous by the birth and growth of the Anti-Masonic 
 party, which during its short existence exerted a con- 
 siderable influence in the political affairs of the Terri- 
 tory, being exerted generally against the men and meas- 
 ures of the Democratic-Republican, or Jackson party. 
 
 If Stevens T. Mason had had to his credit long years 
 of practical experience and residence in the Territory, 
 his appointment to so responsible and honorable a posi- 
 tion as Territorial Secretary would not have passed 
 under the conditions that then existed without more or 
 
SECRETARY MASON 57 
 
 less opposition directed against himself as an individual 
 or as the representative of someone in superior author- 
 ity. When, with such conditions existing Young Mason 
 embodied both youthful inexperience and subordination 
 to a hated political superior, it was not surprising that 
 his appointment should have been the occasion of more 
 than ordinary protest and opposition. 
 
 The news of Mason's appointment to the secretaryship 
 preceded his arrival at Detroit by a day. It was not long 
 in circulating to every home in the little city and was 
 soon the topic of general comment. The word for a pub- 
 lic meeting was at once passed, and when it assembled 
 in the evening. Colonel David C. McKinstry was chosen 
 to preside over its deliberations. At the meeting, little 
 more was done than to appoint Colonel McKinstry, 
 Andrew Mack, Shubal Conant, Oliver Newberry and John 
 E. Schwarz as a committee to wait upon the young Secre- 
 tary and authoritatively learn the facts as to his minority 
 and such other disqualifications as might form the basis 
 of a remonstrance to be adopted by the assembly on the 
 follomng Monday evening, to which time the meeting 
 was adjourned. The committee was courteously received 
 by young Mason, who frankly admitted his minority, but 
 informed them that none of the information which they 
 sought had been kept from the President, who had 
 appointed him with a full knowledge of it all. The com- 
 mittee reported at the adjourned meeting, when a second 
 committee consisting of Eurotas P. Hastings, Henry S. 
 Cole, David C. McKinstry, Oliver Newberry and Alex- 
 ander D. Eraser was appointed to prepare resolutions 
 indicative of the sense of the meeting, and a memorial 
 to the President to be signed by the meeting and circu- 
 
St STEVENS T. MASON 
 
 lated in the Territory asking the Secretary's removal. 
 The meetings were the occasion of considerable excite- 
 ment, and there is no doubt that many citizens acted 
 from a belief that their rights and interests had been 
 jeopardized by what they considered the unwise action 
 of the President; but there is evidence that political 
 motives were not entirely wanting. There was evident 
 desire that the meetings should have the appearance of 
 being non-partisan in character, and to that end a friend 
 of the administration. Colonel David C. McKinstry, was 
 honored as chairman of the meeting and a majority of 
 Jackson men were placed upon the committee to inter- 
 view young Mason ; but upon the committee which should 
 draw the resolutions and memorial, and which was to be 
 the medium of its circulation, the Clay men were in 
 control. 
 
 "The remonstrance," as the resolutions and memorial 
 were generally termed, set forth the fact of the minority 
 of the appointee, his lack of the freehold qualification 
 required by the statute creating the office, and concluded 
 by declaring that the signers viewed the appointment as 
 *'a violation of the principles of our fundamental law 
 and of the genius and spirit of the Constitution ; and in 
 the highest degree derogatory to the freemen over whom 
 he is thus attempted to be placed ; ' ' concluding with the 
 declaration that ''we hold it to be our duty to take prompt 
 measures with a view to his removal from office." At 
 the meeting and by subsequent circulation the paper 
 received one hundred and sixty-two signatures, Shubal 
 Conant heading the list in which appeared the names of 
 many men prominent in the business affairs of the com- 
 
SECRETARY MASON M 
 
 munity, but containing few if any name of the men then 
 connected with the professional or official life of the city 
 or Territory. The proceedings of the Detroit meeting 
 were sought to be copied at Pontiac and one or two other 
 places, but the attempts met with small response. The 
 press of the Territory, especially that portion which had 
 Whig or Anti-Masonic leanings, was unsparing in its 
 criticism of both the Secretary and the President, while 
 the incident was the occasion for much comment by the 
 leading journals of the country generally; few defended 
 the propriety of the appointment, although some, like the 
 Washington Globe, the official organ of the administra- 
 tion, contended that as the appointment had been made, 
 the appointee should not be removed except for actual 
 misconduct. 
 
 While the opposition were thus engaged, it must not be 
 assumed that young Mason was idle. Knomng that the 
 action of the Detroit meeting would be at once forwarded 
 to Washington, he on the day f oUomng the meeting pre- 
 pared and mailed to the President the following letter, 
 which in its diplomatic handling of the subject marks 
 him as no ordinary youth : 
 
 ''Detroit, July 26, 1831. 
 * ' General Andrew Jackson 
 
 ''President of the United States 
 "Washington, D. C. 
 "Dear Sir: 
 
 "The announcement of my appointment as Secretary 
 of the Territory preceded me by one day, and I found 
 on my arrival that certain persons had gotten up an 
 
60 STEVENS T. MASON 
 
 excitement which will result in a remonstrance against 
 my continuance, by a meeting held in this place. The 
 motives which originated this course are obvious here. 
 The agitation of the recent election had not subsided 
 and the confidence given to the Clay and Anti-Masonic 
 parties by their success, the first in getting a delegate 
 to Congress of their choice and the latter by obtaining 
 a majority in the Legislative Council, has emboldened 
 them to assail anything coming from the administration. 
 Some men calling themselves friends of the administra- 
 tion, from jealousy at my promotion or from other pre- 
 texts, which restless spirits have always at command, 
 have had the weakness to unite in the censure of an act 
 which they themselves would have recommended had 
 they been flattered by a previous consultation. 
 
 ''In this state of things, I have been beset with a sort 
 of inquisitorial scrutiny, and finding nothing to rest upon 
 but the fact of my minority, I have been asked to relin- 
 quish my office. To this I replied that having received 
 my appointment from you, no power but that of the con- 
 stituted authority of the country should drive me from 
 my place; nor would I peld it except to your wishes; 
 that no concealment was practiced toward you and that 
 what your judgment approved I should maintain calmly, 
 but firmly; that I should consider it even a disparage- 
 ment of yourself to be persuaded to undo what you had 
 done ; and that you could not approve any act done under 
 intimidation, were I capable of submitting to it. 
 
 "In this representation I give to the excitement a force 
 and character which it may not merit, for in truth it is 
 local and partial in its localities, confined to men who 
 
SECRETARY MASON 61 
 
 delight in noise and strife, and who have sinister objects 
 in view. That it is temporary, the history of similar 
 ones in this place on occasions equally unworthy, ogives 
 a perfect assurance. For myself I apprehend nothing from 
 it, nor can it affect any permanent interests here or else- 
 where. That it is designed to strike higher than one so 
 unimportant as myself, is clear. The bare circumstance 
 of my being allied to one close in your confidence, is an 
 incentive to the factions who are in the opposition. That 
 their objection to me cannot reach you is certain, for that 
 objection rests upon a fact that forms no disqualification, 
 and is merely a computation of months and days as to 
 my age. 
 
 "It has happened unfortunately for me that I enter 
 upon my office when the public mind is in an unusual 
 state of agitation. The recent warm contests in the elec- 
 tions, the retiring of the present Governor, doubts and 
 anxieties about his successor; and the duties of Governor 
 devolving on me so immediately, my opponents have 
 made their objections as if I was in fact appointed Gov- 
 ernor, or would continue to discharge the duties for 
 years. This difficulty I trust will soon be removed by the 
 appointment of a Governor, nor should I have appre- 
 hended the slightest objection to my appointment had the 
 present Governor continued or his successor been here to 
 assume the government. 
 
 ''I write you this as due to the confidence you have 
 reposed in me ; and especially due to the expression of a 
 wish (equal to a command with me) to hear from me fre- 
 quently. I desire not to convey the idea that I am in 
 trouble or difficulty. I see my way clear and feel a confi- 
 
$2 STEVENS T. MASON 
 
 dence in maintaining myself against all opposition, if sus- 
 tained by you, of which I feel a perfect assurance. 
 
 ''"With sentiments of high estimation and filial regard, 
 I have the honor to be 
 
 ''Your obt. servant 
 
 "S. T. MASON 
 
 "P. S. I should be pleased to learn that you had 
 received this." 
 
 In the succeeding issue of the Free Press, young Mason 
 published a statement under the title "To the Public," 
 which was at once both so temperate and free from arro- 
 gance that it went far towards turning feelings of oppo- 
 sition to kindly sympathy. In simple language he 
 recounted his father's emigration to the Territory, the 
 duties that were now to take him on a "long and hazard- 
 ous journey in a precarious climate" leaving to him, his 
 only son and oldest child, the care of a numerous family 
 "to whose comfort," he said "it was well known that 
 even the petty emoluments of this office were essential." 
 
 His own demerits were frankly admitted in the state- 
 ment, "That there are many in the Territory of higher 
 qualifications, on whom the appointment might have been 
 conferred, is broadly and fully conceded. ' ' In answer to 
 the claim that his office at times required its occupant 
 to discharge the duties of Governor, he appealed to the 
 generous impulses of his constitutents by saying, "But 
 suppose those high duties to occur for a momentary 
 space? Is there any difficulty of getting the advice of 
 wiser and abler men? The oldest ask advice; and no 
 man in that respect is independent of the society in which 
 
SECRETARY MASON <J8 
 
 lie lives. The difference is, youth yields to advice; but 
 age, seldom or never. ' ' 
 
 The appealing character of the communication was 
 so strong that some of the papers most active in his 
 opposition paid it the compliment of having emanated 
 from an older and wiser head than the Secretary's, an 
 insinuation that the many communications from Gover- 
 nor Mason's hand in later years show to have been false. 
 The Journal conveyed its intimation by saying that 
 another than the Secretary ''may 'at least have given to 
 the production some finishing touches," while the Adver- 
 tiser said that if the Secretary were willing to call to his 
 assistance the advice and counsel of older and wiser 
 men, "why not their pens also?" But the people gener- 
 ally were inclined to accept the reasoning of the appeal, 
 and mth the generosity of a new country to ''give the 
 boy a chance." In a few localities, as at Green Bay, 
 where Mason's friend, James D. Doty, was the control- 
 ing spirit, at Auburn, Oakland County, and one or two 
 other places, the people gathered and passed resolutions 
 in his favor, w^hich' gives color at least to the claim that 
 at most there was but a division of sentiment. The great 
 body of the people, busy with their own affairs, soon 
 forgot their antagonism, and the subject was only kept 
 alive by occasional notices in the papers. 
 
 But Mason knowing that his appointment would come 
 before the United States Senate for confirmation the fol- 
 lowing year, was continuously alert to strengthen his 
 cause both with the people of the Territory, the Presi- 
 dent, who had given him the appointment, and the Sen- 
 ate, which must confirm it. He secured a copy of the 
 names appended to the remonstrance against him, and 
 
64 STEVENS T. MASON 
 
 after each name wrote the business and political affilia- 
 tion of the particular individual. It was thus made to 
 appear that so far as kno\^^l, with some ten or fifteen 
 exceptions, the memorialists were the partisans of Henry- 
 Clay, or members of the Anti-Masonic party. This docu- 
 ment, with an explanatory letter, he forwarded to the 
 President, while to each member of the Senate upon 
 whose support he had reason to believe he could count, 
 he sent a modest letter, after having first submitted its 
 contents to the approval of his uncle, William T. Barry, 
 and to the old family friend Richard M. Johnson; the 
 father before this time having taken his departure for 
 Mexico, where he continued for a year. 
 
 If the practical details were looked after, so likewise 
 was no opportunity lost by the young man to demon- 
 strate to the people of the Territory that he possessed 
 capacity for his position. On the 6th of August, George 
 B. Porter was appointed Governor and was soon at 
 Detroit to discharge the duties of his office. Governor 
 Porter was a native of Lancaster, Pennsylvania, where 
 he was a leading lawyer and one of an eminent family; 
 his father. General Andrew Porter, had served on the 
 staff of General Washington during the Revolution, while 
 a brother, David R. Porter, was Governor of his State. 
 Governor George B. Porter was twenty years ttie senior 
 of the Young Secretary, having been born February 6, 
 1791 ; his arrival did much to relieve the Secretary of an 
 embarrassing position; but on the 13th day of October 
 business recalled him to Lancaster, and from that date 
 until the 11th of the following June, Mason, as Acting 
 Governor, was the executive head of the Territory. The 
 absence of the Governor in a measure revived newspaper 
 
- a 
 7 I«| 
 
 
 %5 -gi-t a 
 
 
 h2 
 
 t-2 O) '^ ^ 
 i' 03 
 
 US 
 
(iov. sTEVf^xs T. :masox 
 
 From painting owned by Mrs. Samuel Carson. Dctrc 
 
SECRETARY MASON 65 
 
 coniments, but they were of a character which indicated 
 waning sentiment. The Detroit Journal in December called 
 attention to the matter editorially under the heading, 
 ''What has become of the Eemonstrance ? " ; while in Feb- 
 ruary following, it voiced a bit of sarcastic humor by say- 
 ing, ''Our Territory is left in rather a novel predicament 
 just now. "We have one Judge and one 'Acting Governor' 
 who if he lives until next October and no accidents befall 
 him will be twenty-one years of age. ' ' 
 
 The Western Emigrant of Ann Arbor which had be- 
 come the most pronounced advocate of the Anti-Masonic 
 party in Michigan, was likewise a paper that made fre- 
 quent use of its columns in derogatory comments on ' ' the 
 stripling," as it habitually referred to the young Secre- 
 tary. On one occasion as Mr. George Corselius, the edi- 
 tor, was passing upon Jefferson Avenue, he was accosted 
 by Young Mason who, either to give a practical demon- 
 stration that he was "no stripling" or as he later claimed, 
 to resent a remark from Corselius questioning the charac- 
 ter of his father, proceeded to administer to the newspaper 
 man a most vigorous cuffing. For this assault Corselius 
 procured the Secretary's presentment by the grand jury, 
 although there seems to be no record that the case made 
 further progress. The affair seems to have occasioned 
 but little more than passing comment and was soon for- 
 gotten by everyone save the ruffled editor, and even he 
 might have done so had not the Ann Arbor Argus, an 
 opposing paper, at intervals called his attention to the 
 time when young Mason "warmed his ears." 
 
 It was impossible that Mason should have escaped the 
 many quarrels mth which the community was rife. The 
 very fact that he was opposed by some brought him the 
 
66 STEVENS T. MASON 
 
 support of others; and that some were his friends was 
 sufficient reason for others being his enemies. Yet his 
 o^vn conduct was quite unoffending. Generally passive, 
 he yet on occasions retorted in kind. A few articles from 
 his pen signed ''Aristides" published in the Detroit 
 Courier during the winter of 1831-2, written in that caustic 
 personal vein which characterized articles appearing all 
 too frequently in the papers of Detroit at this time, were 
 the cause of much speculation as to their authorship, and 
 many an angry expostulation from the individuals who 
 were singled out for a blistering sting; for while the 
 characters were given more or less fanciful names, they 
 were sufficiently descriptive to leave little doubt in the 
 public mind as to the identity of the individual. In the 
 case of Augustus S. Porter, subsequently for a short time 
 Whig Senator from Michigan, his designation as the 
 *' Knight of Black Rock" was seemingly specific enough 
 to warrant the gentleman in seeking a personal encounter 
 with the editor of the Courier. 
 
 With the younger members of the community *'Tom" 
 Mason, as he came to be familiarly known, was a com- 
 panion of growing popularity. His warm generous 
 nature made him many friends, and their number con- 
 stantly increased as those of more mature years discov- 
 ered in him real abilities coupled with the polish of a 
 gentleman and the geniality of youth. If Mason had any 
 traces of autocracy in his composition, they never showed 
 in his manner, which was ever wholly democratic and 
 sympathetic, mnning to him, first of all, those whose fate 
 it was to labor in the harder ways of life. 
 
 Early in February, as there were changes impending 
 on the bench, Judges Woodbridge, Sibley and Chipman 
 
SECRETARY MASON 67 
 
 were tendered a dinner from the bar at the Mansion 
 House. The wit and eloquence of the Territory was 
 seated at the board. Such banquets in the old days were 
 not the perfunctory affairs of the present, when a multi- 
 tude of events claim interest and attention. In the thir- 
 ties they were the subject of extensive space in the 
 pioneer newspapers and the theme of conversation both 
 before they arrived and after they had passed away. At 
 the banquet in question, among the score of toasts and 
 addresses which followed, by such men as Witherell, Sib- 
 ley, Farnsworth, Whiting, "Whipple, Rowland and Saw- 
 yer, few commanded more critical attention than did the 
 address of the Secretary and Acting Governor, who 
 responded to the toast, "Party Spirit." It was his first 
 public appearance where he was to voice his own senti- 
 ments with many of his opposers seated about him. So 
 well did he acquit himseK that even the press that had 
 opposed to him was free to admit that his address was 
 both "interesting and well received." But the greatest 
 interest in the bar dinner followed a few days later when 
 one Ebenezer Reed, who had formerly been associated 
 with John P. Sheldon in the publication of the old Detroit 
 Gazette, sent a vitriolic communication to the Free Press 
 on both bench and bar. Reed's production, which was 
 signed "Consistency," was not wholly dispassionate, for 
 Charles Larned, a leading member of the bar had once 
 instituted a suit in libel against the editors of the Gazette, 
 while Judge Woodbridge had incurred their enmity by 
 committing Sheldon to jail for the publication of deroga- 
 tory reflections on the judge 's actions. At the banquet a 
 member of the bar had spoken in complimentary terms 
 of the retiring members of the bench, while Judge Wood- 
 
«8 STEVENS T. MASON 
 
 bridge had spoken with some show of feeling at being 
 forced from his judicial position, which he termed ''a 
 contemptuous ejection." The opportunity which the sit- 
 uation afforded was used by Reed without stint. In a 
 long article filled mth trenchant thrusts, among other 
 things he said, ''Can it be possible that all this honeyed 
 adulation on the part of the lawyers was sincere? Did 
 the reformed judges really look serious when they per- 
 formed their parts in this pompous melodrama? Can 
 we believe the toasters sincere and earnest in their flat- 
 tery, or the toastees so dull as not to perceive the ridicu- 
 lous light in which the public must have viewed it? Mr. 
 Woodbridge in his speech said he hoped to find something 
 in his past official life that would make him a wiser and 
 a better man. Had he been a wise man and consequently 
 a better one, he either never would have been a judge on 
 the bench or he would still have been there, secure in the 
 respect and affections of the people and reaping the 
 reward of that genuine goodness and honesty of purpose 
 which is true wisdom. But he has chosen to depend upon 
 the semblance of virtue instead of its substance and his 
 fate is like that of all others who have based the fabric 
 of their reputations upon mere shadow. ' ' 
 
 This article was followed by others and from them it 
 was made to appear that certain anonymous communica- 
 tions of former years wherein the same judges had been 
 flayed for their official actions were from the pens of 
 some of the attorneys who, now that the judges were 
 retiring from the bench, were loud in their praise. The 
 articles were highly sensational and in the interest and 
 excitement which they occasioned, the Acting Governor 
 enjoyed a valued respite from public discussion. 
 
SECRETARY MASON 00 
 
 With the coming of St. Patrick's Day a splendid gath- 
 ering assembled at the Mansion House to do honor to the 
 patron saint of Erin. It was a large and enthusiastic 
 assemblage and everyone who felt the claim of Irish 
 blood left the banquet with a growing friendship for the 
 young Secretary, who as the executive head of the Terri- 
 tory honored their festivity with his presence and in mod- 
 est eloquence paid a tribute to their patriots and their 
 storied isle. But such events were hardly of frequent 
 occurrence; the protracted absence of the Governor 
 imposed many official cares of more than an incidental 
 nature upon the Secretary and in addition he had already 
 begun serious study with the hope that some future day 
 might see him a member of the legal profession, — a pro- 
 fession that had been adorned by so many of his ances- 
 tors. Official duties received his careful thought and 
 attention, while nights were occupied in the father's 
 library where unaided and alone he diligently studied 
 the principles of law. If at times he indulged in social 
 pleasures and other relaxations incident to youthful 
 years, they were events that marked the exception rather 
 than his general course of conduct. As all offices con- 
 nected with the administration of judicial proceeding 
 were filled by executive appointment, it sometimes hap- 
 pened that the factional quarrel from a neighboring 
 county was transferred to the Governor. Such was the 
 result of the appointment of one Canfield over a Mr. 
 Douglass as sheriff of the County of Macomb. This 
 appointment brought forth an attack upon IMason by 
 ''Citizen of Macomb" too scurrilous to find publication 
 in the newspapers to which it was offered and so was 
 printed and scattered about the streets as a hand bill. 
 
70 STEVENS T. MASON 
 
 Explanations, attacks and recriminations followed, from 
 which some thought with ill success to revive the waning 
 opposition to the Secretary; for Providence held in the 
 immediate future more than sufficient to turn the thoughts 
 and attentions of the people from the trivial affairs of 
 county politics. 
 
 Interest was soon centered in the meeting of the fifth 
 Legislative Council which was to assemble for its first 
 session at Detroit on the first day of May. The meetings 
 of the Council were ever the occasion of more than ordi- 
 nary interest, and this session was looked forward to 
 with special interest because of the unusual political con- 
 ditions by which the people of the Territory were con- 
 fronted. 
 
 Upon the convening of the Council, Governor Porter 
 was still absent from the Territory, and it became the 
 duty of the Secretary as Acting Governor to transmit his 
 message to that body. It was a document well calculated 
 to inspire confidence in its author and allay the reason- 
 able fears of such as had opposed him from the honest 
 conviction that his youth was an insurmountable obstacle 
 to the discharge of the higher duties incident to his 
 official station. With tactful modesty he prefaced his 
 communication by saying, ''The temporary absence of 
 the Governor of the Territory, having devolved upon me 
 the duties of the Executive Department of the Govern- 
 ment, I have with the diffidence of conscious inexperience 
 and inability, endeavored to discharge in a satisfactory 
 manner such of those duties as required indispensable 
 action. These have been few; and if their execution has 
 not been attended mth any distinguished benefit to the 
 public interest, I may flatter myself with the hope that 
 
SECRETARY MASON 71 
 
 no great injury has resulted from it. The virtue and 
 intelligence of the people have happily supplied all 
 defects and rendered it unnecessary for the Executive 
 to attempt to discharge much more than the formal rou- 
 tine of ordinary official business." 
 
 There may have been diplomacy as Avell as conviction 
 in the language employed whereby he paid a compliment 
 to the Council: "Under our limited form of Territorial 
 Government," said he, ''one of the greatest blessings we 
 enjoy is the possession of a Legislative body, elected by 
 the people and responsible to them alone, for the faithful 
 care ; and our fellow citizens must derive confidence and 
 performance of the important trusts committed to their 
 satisfaction from the reflection, that without your con- 
 currence no measure seriously or extensively affecting 
 their interests can be adopted or changed. To you then, 
 gentlemen, coming from the different counties of the Ter- 
 ritory, and thoroughly acquainted with the wants and 
 wishes of your constitutents, is committed the important 
 task of legislating for their benefit, of enacting new 
 laws to promote their welfare and of applying the appro- 
 priate and adequate remedy to existing defects." 
 
 The recommendations of the message were timely and 
 conservative, relating in the main to the correction of 
 defects in the judicial system, the taking of a census pre- 
 paratory to an application for admission as a State in 
 the Union, and to the question of the encouragement and 
 support of common schools. As the school system of 
 Michigan was destined to become one of the chief institu- 
 tions of State pride, and the debt for its founding to 
 continue forever among the claims of the Boy Governor 
 upon the gratitude of its people, it may be well to remem- 
 
72 STEVENS T. MASON 
 
 ber that in his first message, written before he had 
 attained the rights of the elective franchise, he took occa- 
 sion to say, ''To no object therefore can the public funds 
 raised by taxation or otherwise, be more judiciously or 
 advantageously applied than to the establishment and 
 support of common free schools, with a view to the exten- 
 sion of the blessings of education to all classes of the 
 community. ' ' 
 
CHAPTER V 
 
 A Yeae of Stieeing Events 
 
 WITH the advancing days of May events were in 
 progress that were destined to make the year 1832 
 a memorable one in the history both of the Territory of 
 Michigan and of its metropolis. The first was the upris- 
 ing of a band of Sac Indians in the vicinity of Eock River 
 in northern Illinois, under the leadership of a renowned 
 warrior of the tribe known by the name of Ma-ka-tai-she- 
 kia-kiak, or Black Hawk, the name of the leader giving 
 to the uprising the name of the Black Hawk war. Few 
 border forays in the history of the country embodied 
 more of national interest, for by some strange cast of 
 fate, in the forces brought against the doughty warrior 
 were Zachariah Taylor and Abraham Lincoln, both of 
 whom were to become President of the United States; 
 Jefferson Davis, to be later President of the Confederacy, 
 and Robert Anderson under whose order the first cannon 
 was to be fired in the war between the states ; while the 
 list of Governors, Senators and Congressmen who par- 
 ticipated is sufficiently long to be a wearisome recital. 
 
 Black Hawk was at this time in the sixty-fifth year of 
 his age. Although not a chief, he was a warrior of more 
 than ordinary influence among his people. He had served 
 with the British in the War of 1812, was at Maiden and 
 at the battle of the Raisin, and with the great Tecum- 
 seh at the disastrous battle of the Thames. His hand 
 had been reddened in many a murderous attack not only 
 
74 STEVENS T. MASON 
 
 upon the white settler of the western border, but upon 
 the neighboring tribes of his own race as well. 
 
 In keeping with treaty stipulations the Sacs and Foxes 
 had removed to the western bank of the Mississippi ; but 
 Black Hawk soon tired of inactivity, and against the 
 councils of his chiefs gathered a body of several hundred 
 malcontents about him and crossed to the vicinity of 
 Rock River to harass the whites and provoke a border 
 war ; they soon left a trail of rapine and murder in their 
 wake. The settlers fled to their stockade forts and barri- 
 caded houses for defence. The first troops dispatched to 
 the scenes of disorder, underestimating the task before 
 them, were defeated and driven back in dismay. Intense 
 excitement followed and the news spread like wildfire 
 before a gale. Colonel Henry Dodge of the Wisconsin 
 portion of Michigan Territory, with a force of volunteers 
 organized to protect the frontier, hurried to the vicinity 
 of the lead mines to protect the settlements in that country 
 and hold in check the Winnebagoes who were the natural 
 allies of the Sacs and Foxes as were likewise the Pota- 
 watomis of southwestern Michigan proper, and who 
 might both be swept from their positions of neutrality by 
 the success of Black Hawk and his band. On May 15, Gov- 
 ernor John Reynolds of Illinois issued a call for troops 
 stating therein that it was his opinion that the Winne- 
 bagoes and Potawatomis had joined the Sacs, a statement 
 which if true meant that the entire northwestern fron- 
 tier would be overrun with marauding bands bent on 
 rapine and murder. Immediately General Hugh Brady 
 of Detroit, Commander of the Department of the Lakes, 
 with Lieutenant Elector Backus of his staff, proceeded 
 overland to join General Henry Atkinson who had moved 
 
A YEAR OF STIRRING EVENTS 75 
 
 up from St. Louis with a force of regulars. On May 18, 
 T. J. V. Owen, Indian agent at Chicago dispatched a 
 special messenger to Detroit confirming the report of 
 depredations in that vicinity and requesting the aid of a 
 ** force of some magnitude," giving color to the fear that 
 the Indians might strike the southern border of the penin- 
 sula in an attempt to reach Maiden. At this time General 
 John R. Williams was the Major General in command 
 of the Territorial militia. General Williams was one of 
 the solid citizens of the Territory, having been born at 
 Detroit in 1782, elected the first Mayor of that city under 
 the charter in 1824, and made a Major General by 
 appointment of the President and confirmation of the 
 Senate in 1829. 
 
 As public apprehension seemed to increase with each 
 vague rumor from the border. Acting Governor Mason, 
 as Commander-in-Chief, on May 22 issued an order 
 directing General Williams to raise such a number of vol- 
 unteers as in his opinion might be necessary to co-operate 
 with a force under Brigadier General Joseph Brown 
 which was to rendezvous at Jonesville. As volunteers did 
 not readily respond to the call, on the day following Act- 
 ing Governor Mason issued the further order to General 
 Williams to call out such troops of the Territorial militia 
 as he might require, concluding his order by sajdng, 
 ''You cannot but be aware that delay is only calculated 
 to give rise to false and unfounded reports which may 
 possibly have an injurious effect upon the emigration to 
 this Territory. It is expected that you will use every 
 exertion to meet General Brown forthwith and that you 
 will not return to this place until every shadow of danger 
 from hostile Indians on the frontier is removed. ' ' 
 
76 STEVENS T. MASON 
 
 On the 23rd General Williams accordingly issued an 
 order for that portion of the Territorial militia near 
 Detroit, consisting of the first regiment, a battalion of 
 riflemen and the city guards, to assemble at Ten Eyck's, 
 — as Dearborn was then known, it being the site of that 
 much frequented old time tavern of Conrad Ten Eyck, a 
 talented and genial gentleman who had graduated in the 
 same class mth Martin Van Buren. Here a force of 
 three hundred men was made up, organized, officered and 
 furnished with arms. By one o'clock on the afternoon of 
 the 25th the force was marching ^vestward on the old 
 Chicago Turnpike. At the same time five companies 
 from the eighth regiment, one each from the towns of 
 Clinton, Adrian, Tecumseh, Blissfield and Palmyra were* 
 assembling at Tecumseh to march westward under the 
 command of General Joseph Brown, while a company of 
 forty-two men and officers organized in Kalamazoo county 
 were at about the same time mustered into the service. 
 
 After the departure of General "Williams and his com- 
 mand, a messenger arrived from Chicago bringing to Act- 
 ing Governor Mason the intelligence that the dangers 
 upon the Michigan frontier had been much exaggerated, 
 while from another source he was informed that regular 
 troops from the East, passing byway of the Lakes, would 
 soon be upon the scene of disturbance. He therefore 
 issued an order for the recall of the troops, which were 
 overtaken by the messenger at Saline, from which point 
 the infantry turned back, while General Williams accom- 
 panied by Colonel Brooks, Major Charles W. Whipple 
 and Major M. Wilson and a troop of horse known as 
 Jackson's dragoons pushed forward. 
 
 The receipt of such information as caused the Acting 
 
A YEAR OF STIRRING EVENTS ''7 
 
 Governor to recall the militia was at once made the occa- 
 sion of a public meeting in Detroit, at which the wise 
 ones adopted resolutions deprecating the ''groundless 
 apprehensions" by which the people had been excited 
 and asserting that "but one opinion prevails among 
 our best informed citizens, that there exists not the slight- 
 est cause of alarm." Conflicting messages to the Acting 
 Governor from Chicago and other points subsequently 
 received were the occasion of not a little confusion in 
 the movements of the militia, and afforded some basis 
 for the written statement of General Williams to the 
 Secretary of War, Lewis Cass, that "The orders of the 
 Acting Governor are contradictory, inconsistent and 
 incompatible with military rules. ' ' The Acting Governor 
 lLke^\ise disclosed his state of mind in a letter to General 
 Williams on the first of June wherein he observed that, 
 "Should we have to march again from this quarter, the 
 gentlemen who fight the battles of the country at public 
 meetings will have to march, if it can be effected." 
 
 General Williams with his troop of cavalry which was 
 increased by an addition from General Bro^vn 's command 
 pushed on to Chicago, where with the exception of an 
 excursion to the Naper settlement they remained until 
 June 22. They were then taken by boat to the mouth of 
 the St. Joseph, from whence they were marched to Niles 
 and honorably discharged, the mounted men being 
 ordered to Detroit under the command of Colonel Brooks. 
 
 The people of Chicago and Cook County were deeply 
 grateful to General Williams and the Michigan militia, 
 and on the 18th of June at a large and representative 
 meeting of the citizens of Cook County, resolutions were 
 adopted indicative of their gratitude to their "patriotic 
 
78 STEVENS T. MASON 
 
 fellow citizens of the Territory of Michigan under the 
 command of Major General Williams." 
 
 The war terminated on the 2nd of August at the battle 
 of Bad Axe. Black Hawk and the Prophet escaped to 
 the Dalles of the Wisconsin River where they were subse- 
 quently captured, and on the 27th of the month they were 
 delivered to General Joseph M. Street, the Indian agent 
 at Prairie du Cliien. Black Hawk was to be sent later 
 down the river to Jefferson barracks under an escort 
 in charge of Lieutenant Jefferson Davis, there to be held 
 as a prisoner of war until a year later when he was given 
 a tour of the principal cities of the country that he might 
 be impressed with the magnitude of the power he had 
 attempted to defy. 
 
 If the returning members of the Detroit militia could 
 have looked into the immediate future, they would have 
 been conscious of exhibiting greater courage in returning 
 to their homes than in marching against the foe of the 
 frontier ; for a foe more insidious and more to be dreaded 
 than the lurking Indians was about to bring terror to the 
 hearts of the community. 
 
 For some years the westward course of Asiatic cholera 
 had been noted. In the fall of 1831 it had appeared in 
 England and with the early days of the following June 
 broke out for the first time upon the American continent 
 at Quebec and Montreal. Inside of sixty days from its 
 first appearance it was destined to spread to Detroit and 
 the pioneer cities of the West, in some instances to mark 
 the course of its fatal progress at the remote settlements 
 of the interior. In Detroit the news of its steady 
 approach was not unheeded. Among the last acts of the 
 Legislative Council, approved June 29th, was one for the 
 
A YEAR OF STIRRING EVENTS 79 
 
 preservation of the public health in the city of Detroit 
 and other places in the Territory of Michigan, whereb> 
 it was designed to give to the local authorities power to 
 fight the terrible scourge. 
 
 President Jackson, with characteristic impatience at 
 the slow progress being made for the termination of 
 Indian troubles of the western frontier, ordered General 
 Winfield Scott to proceed to the seat of disturbance with 
 nine companies of the eastern troops and put an end to 
 the war. On June 28th Scott and his command took their 
 departure from Fortress Monroe, and without event 
 arrived a few days later at Buffalo where four steam 
 boats, the Sheldon Thompson, Henry Clay, Superior ana 
 William Penn were chartered as transports for the expe- 
 dition. General Scott mth the first detachment of two 
 hundred and twenty officers and men led the way in the 
 Sheldon Thompson, Colonel Twiggs following in the 
 Henry Clay, which with the William Penn had commands 
 of three hundred and seventy strong, the last detachment 
 under Colonel Cummings being in the Superior. The 
 voyage across Lake Erie was without incident, the second 
 detachment under Colonel Twiggs arriving at Detroit on 
 the fourth day of July as the people were joyously cele- 
 brating the birth of the nation, a celebration that was 
 to be followed by panic and consternation. As the Henry 
 Clay lay moored to the wharf two cases of cholera devel- 
 oped among the troops it carried, one of which proved 
 fatal before the night. The ship surgeon, terror stricken, 
 under the plea of illness repaired to a hotel while two 
 Detroit physicians. Doctors Randall S. Rice and John L. 
 Whiting, with courage surpassing military prowess, went 
 to the succor of the afflicted. Under their directions six- 
 
80 STEVENS T. MASON 
 
 teen cases showing symptoms of the disease were at once 
 removed from the ship to an improvised hospital in the 
 quartermaster's stores which confronted Woodbridge 
 Street not far east of its junction with Jefferson Avenue. 
 Of the sixteen cases, eleven proved fatal during the night, 
 and in the morning as the citizens of the town beheld the 
 lifeless forms ranged side by side just Avithout the build- 
 ing, they awoke to the full realization of the awful afflic- 
 tion that like a pestilential cloud had settled in their 
 midst. 
 
 Under the law which had been recently enacted the 
 board of health had already provided a corps of assis- 
 tants, three for each of the four wards of the city, among 
 the twelve members being such well known names as 
 Shubael Conant, James Abbott, Peter Desnoyer, Solo- 
 mon Sibley and John Palmer. The people had likewise 
 gathered and voted authority to the common council to 
 raise by tax such sums as might be required by the exigen- 
 cies of the situation, and a committee was chosen to 
 accept such contributions as citizens might wish to make 
 for the purpose of the erection of a hospital. The board 
 of health at once ordered the transports to Hog Island 
 (now Belle Isle Park) where they were furnished sup- 
 plies from the city. The Henry Clay soon proceeded on 
 her way but was compelled to again land when near Fort 
 Gratiot to care for the stricken soldiery. The ship had 
 become almost a floating charnel-house. Captain Walker 
 in a later letter described the conditions among the men 
 upon the Henry Clay in the following graphic language : 
 ''The disease became so violent and alarming that noth- 
 ing like discipline could be observed; everything in the 
 way of subordination ceased. As soon as the steamer 
 
jiLiA PHELrs :mason 
 
 Wife of Gov. Mason. 
 
LAUKA MASON HILTON 
 Sister of Gov. Mason. 
 
LEWIS CASS, 
 Governor of Michigan Territory 1813-1831. 
 
A TEAR OF STIRRING EVENTS SI 
 
 came to the dock, each man sprang on shore, hoping to 
 escape from a scene so terrifying and appalling. Some 
 fled to the fields, some to the woods, while others lay 
 down in the streets and under the cover of the river bank, 
 where most of them died unwept and alone." Of the 
 command of three hundred and seventy, but one hundred 
 and fifty remained. The story of their fate will never 
 be written for many died in the depths of the forest, the 
 victims of disease and the wild beasts that infested the 
 region. The detachment under Colonel Cummins after a 
 short encampment at Detroit were embarked upon the 
 William Penn, but had only proceeded a short distance 
 when they were compelled to return and go into camp at 
 Springwells, where after a short time their condition was 
 much improved. Only two of the transports proceeded 
 beyond Fort Gratiot. Of the eight hundred and fifty 
 men who left Buffalo in the early days of July, not more 
 than two hundred were fit for the field when less than 
 two weeks later the wasted remnant was landed at Fort 
 Dearborn. 
 
 Before the transports had left the sight of Detroit, 
 the ravages of the disease had spread to the people of 
 the city. On July 6 two cases appeared, one of which 
 resulted fatally. The upper story of the capitol building 
 was at once put into use as a cholera hospital. The 
 streets and alleys of the city were filled with the odor of 
 burning pitch, from which the smoke arose to hang like 
 a pall over the stricken town. Up to the 18th of July 
 there were fifty-eight cases and twenty-eight deaths 
 among the people of the town. The dread specter entered 
 the home of the Masons, claiming the old nurse Granny 
 Peg as its victim, the old soul breathing her last in the 
 
82 STEVENS T. MASON 
 
 arms of the daughter Emily, whose courage was as strong 
 as her k)ve, and v.ho, when the spark of life had fled from 
 the body of the aged servant, went alone into the night 
 to call the cart to bear away the lifeless form. Many 
 fled panic stricken from the city. The people of neighbor- 
 ing villages caught the infection of terror and sought 
 by every means to keep back the travelers from Detroit. 
 Pontiac placed sentinels in the road to refuse passage to- 
 all who sought to pass their way. At Ypsilanti, Colonel 
 Clark called out the militia and posted a guard under 
 Captain Josiah Burton and Lieutenant Chester Perry 
 three miles east of the village with orders to intercept 
 all travel from that direction. On the 10th of July the 
 stage coach from Detroit bearing passengers, mail and 
 dispatches for the West attempted to pass the Ypsilanti 
 quarantine, when one of the leaders of the four-horse 
 team was shot by the guard. At first it was thought the 
 horse was killed, but such did not prove to be; after a 
 time of angry expostulation, in view of the fact that the 
 stage carried the mail it was allowed to proceed. A few 
 days later Secretary Mason, bearing messages to the 
 southwestern border to be delivered at Mottville, was 
 hurriedly passing along the Chicago highway, and wish- 
 ing to avoid trouble with the quarantine, sought the serv- 
 ices of Samuel Pettibone who resided still east of the 
 guard to . guide him by a circuitous route to a point 
 beyond the village. The object was nearly accomplished 
 when a stalwart deputy in the person of Eliphalet Turner 
 appeared upon the scene and placing Mason under arrest 
 conducted him before the Sheriff, Dr. Withington, where 
 after a somewhat stormy interview the Secretary was 
 allowed to proceed. This act of official authority on the 
 
A YEAR OF STIRRING EVENTS 83 
 
 part of the Sheriff cost him his office, for he was promptly 
 removed by Governor Porter who had returned to Detroit 
 on the 11th of June. In the meantime the disease had 
 spread to other places. At Marshall it appeared mth 
 special virulence. Here out of a community of seventy 
 people, eighteen were severely attacked and eight did, 
 all within a period of eight days ; among the deceased was 
 the wife of John D. Pierce, a Congregational missionary, 
 later to be heard from as one of the great names in the 
 early history of the State. 
 
 At Detroit the disorder continued unabated. So fre- 
 quent were the deaths that the custom of ringing the pass- 
 ing bell was discontinued, as its solemn tolling only 
 tended to add to the panic of the people. On July 19th 
 many of the people joined in special prayer and supplica- 
 tion in response to the recommendation of the Detroit 
 Presbytery which had asked that the day be observed 
 ' ' as a day of humiliation and special prayer to God, that 
 He would avert the pestilence from our land, and in the 
 midst of deserving wrath, remember mercy." But amid 
 the panic and despondency, there were many heroic souls. 
 Several young men organized themselves into a nursing 
 band ; and the physicians were busy with skill and kindly 
 ministrations. Among such, the name of Dr. Marshall 
 Chapin, who through weary days and weeks without 
 money or other reward, gave his services to the poor, will 
 deserve well from the memory of men. The greatest 
 affliction and mortality was among the poor, the dissi- 
 pated and the lower classes of the community. As might 
 have been expected, the good priest Father Gabriel Rich- 
 ard was day and night among the scenes of the suffering 
 and death, everywhere ministering to the physical and 
 
84 STEVENS T. MASON 
 
 spiritual wants of the needy. With the closing days of 
 July the disorder abated, although it continued into Sep- 
 tember. On the 13th of the month Father Eichard was 
 claimed by the Grim Eeaper to the grief of all the people. 
 For forty-four years he had been the shepherd of his 
 flock. He had served as the third delegate to Congress 
 from the Territory, and had brought the first printing 
 press to Detroit in 1809. He was a noble soul, his life 
 one of helpful sacrifice. Death came to him not from 
 cholera, but from physical exhaustion incident to his 
 unremitting sacrifice for others. The whole community 
 followed his remains to their last resting place and his 
 memory still lingers amid the scenes of his labors as one 
 of the earth's worthy. 
 
 "With the excitement of a border war and the terror 
 of pestilence in their midst, the people of Detroit were 
 inclined to pay but little attention to either their own 
 political interests or the political prospects of others, 
 although events affecting both were transpiring. In the 
 latter days of May, John Norvell of Philadelphia arrived, 
 to become by appointment of the President, the successor 
 of James Abbott as Postmaster of the city. John Nor- 
 vell became not only a wise counselor and warm friend 
 of the Boy Governor, but his commanding abilities made 
 him a leading figure in the community and a helpful fac- 
 tor in guiding the destinies of the Territory, and later, of 
 the State. With the return of Governor Porter, likewise 
 came George Morrell of New York and Ross Wilkins of 
 Pennsylvania to supersede Judges Woodbridge and 
 Chipman on the Supreme Bench of the Territory. These 
 men were destined to become prominently identified with 
 the early history of the State, and active agents in the 
 
A TEAR OF STIRRING EVENTS 85 
 
 development of its jurisprudence. It was at this time also 
 that Kintzing Pritchette, a talented young lawyer of 
 Philadelphia, came to Detroit as the Private Secretary 
 of Governor Porter, Providence holding in store for him 
 a close association with many of the stirring scenes of the 
 State 's history, and later a life of romance and adventure 
 seldom equalled. 
 
 Young Mason was now Territorial Secretary by higher 
 title than recess appointment. The opposition, so strenu- 
 ous in the beginning, in one short year had quite faded 
 away. The people had discovered that although a youth 
 in years, he nevertheless displayed many of the qualities 
 of maturity. Opposition of a kind was still continued, 
 and even carried to the Senate, but he had a year of satis- 
 factory service to his credit, and this with powerful 
 friends could not be overcome ; it was nevertheless joyful 
 tidings when in the latter days of June he received the 
 follomng letter from Austin E. Wing, the Territorial 
 Delegate : 
 
 ''Washington City 
 "June 21,1832 
 
 "Sir: 
 
 "I am just informed by one of the Senators that 
 
 your nomination as Secretary has been confirmed 
 
 by the Senate. 
 
 ' ' Yours &c. 
 
 "A. E. WING 
 
 "S. T. Mason, Esq." 
 
 The commission from the President, forwarded from 
 the office of the Secretary of State, arrived in due time. 
 His official tenure was thereby extended until June 21, 
 
S6 STEVENS T. MASON 
 
 1836, unless sooner terminated by act of the Chief Execu- 
 tive. 
 
 The question of statehood had now become a topic 
 of frequent discussion. The Ordinance of 1787 under 
 which the Northwest became subject to government, had 
 provided that whenever any of the States to be carved 
 from that Territory ''shall have sixty thousand free 
 inhabitants therein, such State shall be admitted by its 
 delegates into the Congress of the United States." Emi- 
 grants had been coming into the peninsula in great num- 
 bers, and it was believed that by the time a Convention 
 could be called and a Constitution formulated the pro- 
 posed state would have more than the required sixty 
 thousand population within its borders. There was 
 some opposition to a State government among the people 
 because of the economy of the Territorial government, 
 which entailed an expense of only about ten thousand 
 dollars annually and was paid for from the national 
 treasury; while it was estimated that the State govern- 
 ment would cost from two to three times as much and of 
 course would have to be paid by the people of the State. 
 The newspapers and men who led in public thought were 
 quite generally in favor of the State proposition; the 
 Legislative Council shared in the same sentiment, and 
 on the 29th of June it passed an Act submitting to the 
 voters of the Territory the question ''whether it be expe- 
 dient for the people of this Territory to form a State 
 government or not. ' ' 
 
 At the election on the proposition, which was held on 
 the first Tuesday of the following October, only 3,007 
 voters registered their preference; 1,817 were in favor 
 of forming a State government and 1,190 were against 
 
A YEAR OF STIRRING EVENTS 87 
 
 it. The counties of Michilimackinac, Chippewa, Iowa 
 and Cra^\^ord took no part in the election, and as 4,435 
 ballots had been cast at the election for delegates to 
 Congress two years before, there were many who did 
 not look upon the vote as decisive ; even Governor Porter 
 suggested in his message to the Legislative Council which 
 convened the following January, the propriety of resub- 
 mitting the question. The Council, however, treated the 
 vote as decisive, and very early voted a memorial to Con- 
 gress asking the passage of an Act authorizing the people 
 of Michigan Territory to assemble by their delegates and 
 form a Constitution and State government. This 
 memorial received the votes of all the members of the 
 Council, except Morgan L. Martin, who filed a protest 
 against it because it sought to include Mackinac Island 
 within the limits of the proposed State, to which Mr. 
 Martin as the representative of the country west of Lake 
 Michigan objected. 
 
 With the coming of the A\inter the people rallied in a 
 measure from the terrifjdng experience of summer and 
 gave their attentions to the numerous demands of daily 
 life. 
 
CHAPTER VI 
 
 Advancing Towauds Statehood 
 
 'T^HE autumn days days of 1832 were happy ones in the 
 -'- Mason household. Early in August the father had 
 returned from his absence of a year in Mexico, and with 
 his return the fears and anxieties of mslny a dismal day 
 were forgotten in the joys of the reunion. From the old 
 letters that passed between the family and their friends 
 and relatives, we catch 'glimpses of the home life that is 
 always filled with simple charm. The evenings are spent 
 in study or delightful reminiscences; to be varied on 
 occasions Avhen Colonel Norvell and his beautiful mfe, 
 or Major Rowland, or other intimates of the family were 
 present to speed the hours over a glass of wine and with 
 the fragrance of a cigar; and, at times, as participators in 
 the broader social life of the community. The Avinter 
 of 1833 proceeded with all the old time gaiety of previous 
 seasons; parties, balls and weddings soon engrossed the 
 minds of belles and beaux, and even weaned the minds 
 of the more sedate from the memories of the sad days 
 recently past. The sister Emily, although but now eight- 
 een years of age, was nevertheless a woman in heart 
 and mind, talented and beautiful. She had become the 
 ardent sjanpathizer mth, as well as the trusted confidant 
 of the brother Tom; while he, to use her ovra language, 
 "was the faitliful guardian of all my love secrets and 
 my best adviser." As might be expected, there was a 
 degree of fascination in the social gaiety of the metrop- 
 
ADVANCING TOWARDS STATEHOOD 89 
 
 olis for the charming sister, — and for the brother as well ; 
 although the sister has given us the statement that, ''He 
 had little time and never much inclination for affairs of 
 the heart, though so handsome, gay and amiable as to be 
 much admired by the ladies." Had he been less inclined 
 to social pleasures, still his official position, combined 
 with inherent grace and polished manners, would have 
 been the occasion of considerable demands upon his time 
 and attention. These conditions and personal character- 
 istics led some people in his time, — generally those, be 
 it said, who were out of sympathy mth his political prin- 
 ciples, — to ascribe to him the character of a social votary 
 and one given to an excess of conviviality; some, indeed, 
 going to the extent of charging him mth excesses beyond 
 the limits of propriety. These phases of character have 
 suited the purposes of modern romance where it has 
 touched the life of the Boy Governor, and have thus 
 found repetition to his discredit. The falsity of such 
 imputations is sufficiently attested by the high sentiments 
 he so frequently uttered, by his connection with the 
 church and kindred societies, and by the confidence of 
 the people, which he retained through many trials. Three 
 years later than the time of which we write, the Adve?'- 
 tiser, although not in political accord mth the young 
 Governor, yet in a spirit of fairness was constrained to 
 say of the insinuations that have lived until this day, 
 that they were without foundation, and that speaking 
 from intimate knowledge of his official career, during such 
 time he had been "a gentleman in every sense of the 
 word. ' ' 
 
 The Legislative Council continued in session until the 
 23rd day of April; its action resulted in little of special 
 
90 STEVENS T. MASON 
 
 interest, aside from the steps taken that looked towards 
 the formation of a State government. The early days of 
 spring were days of much political interest, for the time 
 of naming a Territorial delegate and member of the Coun- 
 cil was at hand. The factions were still pronounced 
 and active, and long before the conventions there was 
 an air of suppressed excitement in the community which, 
 as is usually the case, was in inverse ratio to the size of 
 the community. Young Mason was not of the tempera- 
 ment to view the contest from the standpoint of nonparti- 
 san interest. Austin E. Wing had been his friend and 
 he was zealous for his renomination as Delegate to the 
 national Congress; he could but ill conceal his cha- 
 grin when the opposing faction triumphed in the Con- 
 vention. He took no active part in the contest, but to 
 the father who in February had been again called to 
 Mexico he wrote without reserve: ''The approaching 
 contest for the election of Delegate bids fair to be warm 
 and bitter, but not closely contested. The Democratic- 
 Republican Convention, as they style themselves, which 
 met at Ann Arbor, as was anticipated nominated Lucius 
 Lyon as their candidate and intend making the support 
 of him the test of every man's faith and principles. The 
 presumption of this little faction would almost provoke 
 one if it were not that their assumption of consequence 
 has made them ridiculous. The unfortunate people have 
 set over them a Regency more formidable than the 
 famous Albany Regency itself, and have only to bow 
 their necks and be trampled on by Andrew Mack, David 
 C. McKinstry, John P. Sheldon and Elliott Gray. 
 
 ''The Ann Arbor Convention has constituted those gen- 
 tlemen a committee to regulate all appointments whether 
 
ADVANCING TOWARDS STATEHOOD 91 
 
 coming from the Executive of the United States or of 
 the Territory, and have proclaimed to the world that no 
 man can receive an office in this Territory without first 
 receiving the sanction of this committee and procuring 
 from them an endorsement that he is a true Democrat 
 dyed in the wool. 
 
 '' 'Tis said that governments are Republican only in 
 proportion as they embody the will of the people and 
 execute it, but if these gentlemen are to be our dictators 
 and their decisions in all cases (as they contend) should 
 be considered the Avill of the people, deliver me from 
 New York politics. I shall not say aught against them 
 for I firmly believe that the intelligence of the people 
 will always in time be found a panacea for every evil 
 affecting their rights." 
 
 He was still in hopes that an independent convention 
 would be called which would nominate Mr. Wing, and 
 that the nomination of an Anti-Masonic candidate would 
 so divide the vote as to insure his election. These antici- 
 pations were in a measure realized, but not in a manner 
 to bring about the desired result. Austin E. "Wing was 
 nominated by a series of county meetings, while the 
 Anti-Masons nominated William Woodbridge. Mason 
 recognized the strength of this latter nomination, and 
 in a letter to his father on the 16th of April he gives 
 voice to some observations which indicate that he had 
 profited by his short political experience : 
 
 *'We have three candidates, but only two regularly 
 organized parties. The Anti-Masons have taken up 
 Woodbridg-e. This is a strong nomination and has 
 injured Wing more than any other nomination which 
 could have been made. Woodbridge does not run as an 
 
92 STEVENS T. MASON 
 
 Anti-Mason, and the convention did not require it of 
 him; 'he is to represent the people, not the party;' to 
 use his own langugae, which is pretty much the language 
 of an individual who means to represent any one rather 
 than those who elect him. I am satisfied that parties must 
 exist under our government; and I would be the last to 
 discourage party spirit when properly controlled. It 
 is the surest plan of keeping the people awake to their 
 rights, and when I see a man declaiming against party 
 spirit and professing to be for the people alone, I always 
 begin to suspect him and think that he is for slipping 
 quietly along, serving his own interests and flattering 
 himself that no one can see it. ' ' 
 
 He closes the subject by saying, ''The result of the elec- 
 tion is doubtful but am afraid that Wing cannot be 
 elected. ' ' 
 
 Results showed that the fear was well founded. Austin 
 E. Wing had been elected as a Whig, and later became 
 a supporter of the administration; consequently he had 
 no compact organization behind his candidacy, although 
 but for the nomination of Woodbridge by the Anti- 
 Masons he could have counted on the Whig support ; but 
 this he could not take from Woodbridge, who it appears 
 was given the Anti-Masonic nomination without being 
 asked to surrender his Whig principles. 
 
 Lucius Lyon, who henceforth became a prominent 
 figure in Territorial and State affairs, had elements of 
 strength that did not depend upon party fealty or regu- 
 larity. Born in Vermont in 1800, he became a citizen of 
 Detroit in 1822. After one year spent as teacher he took 
 up the vocation of a surveyor, which he followed until 
 1832. This calling had taken him to every portion of 
 
ADVANCING TOWARDS STATEHOOD 93 
 
 the vast Territory of Michigan. There was hardly a 
 community either in the peninsula or in that portion of 
 the Territory west of Lake Michigan that did not count 
 among its inhabitants some who had sought the advice 
 of this man as to locations or such other facts as he 
 was able to impart from his vast store of information. 
 During the canvass, Mr. Wing and Mr. Woodbridge con- 
 fined their efforts to the older portion of the Territory, 
 along the southern border of the peninsula; Mr. Lyon, 
 while he continued in the discharge of numerous duties, 
 found time during such to serve a banquet to the miners 
 at Mineral Point, in the Wisconsin portion of the Terri- 
 tory; when the election was held and the votes counted, 
 to the surprise of many he was elected by a substantial 
 plurality. He had received the whole six hundred votes 
 from the sparsely settled region of the lead mines, and 
 this number insured his election. 
 
 The election of Lucius Lyon proved a fortunate event 
 for Michigan, for few men of the Territory possessed so 
 large an acquaintance with its people or such accurate 
 information as to the character and extent of its 
 resources as he ; and the time soon came when Michigan 
 was to profit by all of the talent he brought to her service. 
 
 With the first days of May young Mason started for 
 the East as the traveling companion of his sister Emily 
 and the sister Catherine, who was three years Emily's 
 junior. Lack of school facilities at Detroit had per- 
 suaded the father to send the two daughters to the famous 
 school of Miss Emma Willard at Troy, New York; and 
 it was towards this point that they took their way. The 
 brother evidently believed that education was acquired 
 as well from travel as from the study of books, for he 
 
04 STEVENS T. MASON 
 
 altered his course so as to include a visit to the cities 
 of Philadelphia and New York, where wonders and sur- 
 passing luxury were for a brief season spread before 
 the astonished vision of the young ladies. With the 
 sisters landed safely at Troy, the brother hurried back to 
 Detroit where the duties of the governorship awaited 
 him, as Governor Porter had gone beyond Lake Michigan 
 to superintend some Indian affairs that were to necessi- 
 tate his absence for the summer. 
 
 In a small community, public interest is ofttimes 
 aroused by trivial affairs, and satisfying pleasure found 
 in simple things. Detroit was no exception to this rule. 
 The arrival of the big church bell, its almost ceaseless 
 clangor, the new clergyman, and the prospect of a visit 
 during the summer from Lewis Cass, Mr. Barry, and 
 possibly from the President, were topics of much dis- 
 cussion in the homes of Detroit during the spring days 
 of 1833; but events were in shaping that were destined 
 to rank as of the first magnitude in the interest of the 
 people. One such event transpired on the 16th day of 
 June, and that too with but slight warning of its 
 approach. 
 
 Long before this time, Detroit by reason of its prox- 
 imity to Canada had become an important terminal of 
 the ''underground railway," as the route and means of 
 assistance were called over and by means of which slaves 
 were assisted in their flight from servitude in the states 
 to the southward. There were two hundred and sixty- 
 one negroes in Michigan in 1830, and it is probable that 
 there were not far from four hundred in 1833. A large 
 number of these were fugitive slaves, for while Canada 
 
ADVANCING TOWARDS STATEHOOD 95 
 
 offered a more secure asylum, Detroit offered the better 
 opportunities for remunerative labor, and it was there 
 that by far the greater portion of the race in Michigan 
 resided. Among them was a stalwart Negro by the name 
 of Thornton Blackburn who with his wife, Rutha, had 
 first appeared in Detroit three years before. As a 
 laborer for Thomas Coquillard he had attracted no more 
 attention that was given generally to the members of 
 his race; people were not a little surprised when they 
 were informed that both he and his wife had been placed 
 under arrest as fugitives from the service of a gentle- 
 man of Louisville, Kentucky, and that the master was 
 then in the city to claim his property. A hasty trial was 
 had before Judge Chipman, in which Blackburn and the 
 wife made little defense and were summarily committed 
 to the county jail to await delivery to the alleged master 
 who designed their return to Louisville by the steamer 
 Ohio, which was to leave Detroit at four o'clock on the 
 afternoon of the following Monday. That evening there 
 was a gathering of the colored people at the house of one 
 of their number ; the meeting attracted no attention, and 
 its purpose was jealously guarded. The next day, being 
 Sunday, two of the female friends of Mrs. Blackburn, — 
 a Mrs. Lightf oot and a Mrs. French, — paid her a visit in 
 the county jail. The visit was protracted until the dusk 
 of evening. In the meantime Mrs. French and Mrs. 
 Blackburn had exchanged clothing; and when the fare- 
 wells were said, Mrs. French was left as the inmate 
 behind the bars, while Mrs. Blackburn lost no time in 
 crossing to the Canadian shore. The deception was not 
 discovered until the following morning, when an effort 
 
96 STEVENS T. MASON 
 
 was straightway made to take Mrs. French in the place 
 of the woman she had liberated ; this purpose was at once 
 frustrated by habeas corpus proceedings. 
 
 As the hour approached for taking Blackburn to the 
 boat, a few people congregated at the jail, and soon Sher- 
 iff John M. Wilson with Blackburn, his master's son, 
 and a deputy appeared, at the doorway. A few Negroes 
 were in the crowd, and these at once assumed a menacing 
 attitude. Blackburn volunteered to quiet their excite- 
 ment, and as he was manacled he was allowed to step 
 forward as if to address the people; as he did this he 
 wrenched his hands to his side, and drew a murderous 
 pistol and turned with fury on his captors, who all save 
 the Sheriff retreated within the jail. At once from the 
 bushes that grew near the jail, from barns, and from 
 every means of cover scores of Negroes rushed towards 
 the jail armed with every conceivable kind of weapon. 
 The Sheriff courageously stood his ground and used his 
 pistol to effective purpose, but he was soon felled to the 
 ground, his skull fractured by the blow of a missile tied 
 in a handkerchief. The blind horse and creaking dray 
 of ''Daddy" Walker, which as if by the merest chance 
 was standing by, was backed to the jail porch, and an 
 old negress known as ''Sleepy Polly" performed the only 
 dexterous feat of her existence by grabbing Blackburn 
 by the collar and jerking him unceremoniously upon the 
 dray of his countryman, which at once started down the 
 Gratiot road with all the speed that could be developed 
 by the sightless nag. The speed may have been somewhat 
 accelerated by the shouts of the multitude, which now 
 numbering several hundred, gave pursuit. When near 
 the present Russell Street, the Negro left the conveyance 
 
(;i;()U(.K !:. i-okiek. 
 
 (JiiviTiMir (if .Mii-lii,i;:iii TiTrirnry ls:!l-lS-;4. 
 
(JEN. JOHN K. WILLIAMS 
 In commnnd of Michiann militia that iiiarohpd overlanil from Detroit to Chi- 
 cago to take liclp to Fort Dearborn and aid in protecting the frontier during the 
 Black Hawk War of 1832. 
 
Chief of the Sacs 
 
 KLACK HAWK 
 
 111(1 Foxes and leader in tbe "Black Hawk' 
 
 War, 1S32. 
 
ADVANCING TOWARDS STATEHOOD 97 
 
 and plunged into the forest. The manacles were soon 
 severed and before nightfall Blackburn and his friends 
 emerged from tlie woods near the River Rouge where a 
 boatman was procured, who for the gift of a watch landed 
 the fugitive on the Sandwich shore. Long before this 
 time the excitement had risen to fever heat in Detroit. 
 Bugles were blown, the fire bell was rung, and every- 
 where the cry went "The niggers have risen and the 
 Sheriff is dead." At once a score or more of Negroes 
 were placed under arrest, under an old statute requiring 
 people of their race to give security for their good 
 behavior. During the night one or two buildings and a 
 large amount of wood piled by the jail were set on fire 
 and the word was circulated that the Negroes from the 
 Canadian side were attempting to burn the town. The 
 militia was called out and for a week nightly patrolled 
 the streets. 
 
 For a time many Negroes sought the Windsor side of 
 the river because of the hostile feeling aroused. Black- 
 burn was arrested and placed in the Sandwich jail, and 
 an effort was made to extradite him on the charge of con- 
 spiring for the murder of Sheriff AVilson ; but the Sheriff 
 ultimately rallied from his injuries, although he died 
 from the effects of them a few years later, and after a 
 few weeks Blackburn was released. Thus ended the 
 "Negro Riot," which long continued to be a theme of 
 conversation, and which was the cause of an excitement 
 that did injustice to many people who were altogether 
 unoffending. 
 
 Long before the "Negro Riot" had distracted people's 
 attention from the common routine of affairs, the people 
 of Detroit had been planning for the celebration of the 
 
98 STEVENS T. MASON 
 
 Fourth of July, with all the enthusiasm and interest that 
 characterized the celebration of Independence Day in 
 earlier days of the Republic. From the letters of the 
 mother, Mrs. Mason, Mrs. Norvell, and the younger sis- 
 ter, to the absent ones at Troy, we gather an interesting 
 account of this old time celebration. The festivities opened 
 on the night of the 3rd by a grand ball at the Mansion 
 House, given by the gentlemen of the city, where accord- 
 ing to Mrs. Norvell there were more ladies present than 
 she had ever seen before at a ball in Detroit. The morn- 
 ing was ushered in with the ringing of bells and the firing 
 of cannon. A little later Major Rowland marched a 
 procession composed of drummers and fifers, a company 
 of infantry, and a company of light dragoons, together 
 with the turnout of a strolling circus temporarily in the 
 city, up and down Jefferson Avenue, whence all 
 adjourned to the Capitol to listen to an oration ''which 
 was very well done, ' ' by Jacob M. Howard ; although this 
 was a little too long, the defect was compensated by its 
 patriotism; Thomson read the Declaration of Independ- 
 ence ''mth uncommon propriety"; and Franklin Saw- 
 yer read a poem that was "exceedingly tiresome." 
 Adjournment was then taken to a grand dinner served to 
 the leading inhabitants of the city, which was concluded 
 by ''General Williams and Charley "Whipple making 
 speeches to each other as tedious as you can well 
 imagine"; after which Major Rowland again marched 
 his men a turn on the avenue, as Mrs. Norvell observes, 
 "to aid their digestive organs." The events closed with 
 the fireworks and a balloon exhibited to the whole city 
 on the Common near the Capitol. 
 
 But the greatest event of the day came when at about 
 
ADVANCING TOWARDS STATEHOOD 99 
 
 three o'clock in the afternoon the steamship Superior 
 arrived with the old warrior Black Hawk, his son, The 
 Thunder, and a few members of his band under the escort 
 of Major John Garland, in whose suite was young Lieu- 
 tenant Jefferson Davis. Black Hawk had been held a 
 military prisoner long enough to feel the hand of govern- 
 mental authority, and now after a trip through Washing- 
 ton, Philadelphia, Baltimore, New York, Albany and Buf- 
 falo, he was on the way to his people beyond the Mississ- 
 ippi. Black Hawk's arrival had been heralded, for he 
 had taken his departure from Fortress Monroe a month 
 previous ; before the steamer touched the wharf the whole 
 population was wedged into the restricted limits of its 
 approach; so great was the crowd that it was not until 
 the lapse of a considerable time that the carriages con- 
 taining the party were able to proceed. On the morning 
 of the 5th Black Hawk and his party made a call upon 
 Acting Governor Mason at the Mason home ; the mother 's 
 description of Black Hawk is not ^\ithout interest : 
 
 "He is one of the most benevolent looking men you 
 ever saw and has a face that resembles the bust of Frank- 
 lin more than anyone else. He dresses in imitation of 
 General Jackson, a blue surtout coat, a white hat, cane 
 and spectacles. The others of his party are dressed and 
 painted in Indian style. His son of whom so much has 
 been said is a most splendid fellow, his form and carriage 
 a model for a sculptor. Butlie has been so much admired, 
 particularly by the ladies, that he appears to require 
 every attention wherever he goes. His fingers are cov- 
 ered mth rings which have been presented him by many 
 ladies of distinction. He has a gold box given him by 
 Kimble while in New York. " 
 
100 STEVENS T. MASON 
 
 Black Hawk had not been at Detroit since the War of 
 1812 and he was greatly amazed at the change which 
 twenty years had wrought. Two decades had changed 
 the place f roni a street of a few scattered houses to a com- 
 munity that was daily taking on the dignities of a city. 
 Nowhere did the old Indian see more abundant proof of 
 the irresistible westward advance of the white invader 
 than here, where but a few short years before the white 
 men had been so few that he had believed it possible to 
 drive them away forever. Now he felt the full truth of 
 his statement to Colonel Eustis at Fortress Monroe when 
 he said, ''Brother, your houses are as numerous as the 
 leaves upon the trees and your warriors like the sands 
 upon the shore of the big lake." 
 
 Black Hawk's departure did not leave the community 
 destitute of themes and incidents of interest. Immigra- 
 tion, which had been almost wholly suspended during the 
 cholera epidemic of the year before, w^as now in a degree 
 resumed. Daily, strangers were arriving and gathering 
 equipment for a start into the interior. Leisurely mov- 
 ing ox teams yoked to heavy wagons loaded with heroic 
 mother and jDerhaps a numerous brood of children, with 
 the absolute necessities of the pioneer home and farm, 
 were scenes upon the streets of Detroit too familiar to 
 attract even passing notice. Not unfrequently the rear 
 of such an outfit was brought up by the sturdy father 
 and perhaps an elder son leading a cow or two and driving 
 a half score of sheep whose wool was to make the warm 
 woolen socks that were to busy the housewife and daugh- 
 ters during the long evenings of the mnter. 
 
 As Detroit had now become an important point in the 
 journey of those who passed from Buffalo to points con- 
 
ADVANCING TOWARDS STATEHOOD 101 
 
 tiguous to the Great Lakes, it was frequently the stopping 
 place, for days, of many gentlemen eminent in official 
 and commercial life. Young Mason had been nurtured 
 in a home and atmosphere where hospitality was one of 
 the cardinal virtues, to be discharged as a pleasure and 
 not as an obligation. The exclusiveness of many Detroit 
 homes was- quite beyond the understanding of the young 
 Virginian and his mother, who seemingly felt it to be a 
 duty to take up and discharge a social obligation that 
 they believed to be incumbent upon the community. So 
 it was that sometimes for a considerable space, not a 
 week passed without a special dinner at the home, 
 arranged for the entertainment of one or more honored 
 guests and a few congenial spirits, the spice of whose wit 
 added flavor to the viands. Many a distinguished visitor, 
 as well as many a man of influence in the Territory 
 cemented bonds of friendship with the young Secretary 
 in the geniality of the paternal home and the hospitality 
 of its board. 
 
 Although the people of Detroit were continually appre- 
 hensive of the reappearance of cholera during the sum- 
 mer of 1833, it did not develop, the town continuing to be 
 as free from pestilential disorders as the year previous 
 had been afflicted; but it raged in many places, among 
 others being the to^\Ti of Louisville, Kentucky. One of 
 the effects of its appearance at this place was to drive 
 a theatrical company from there to Detroit, which nightly 
 for three or four weeks rendered Shakespearian and 
 other productions to admiring audiences. So enthusias- 
 tic was the reception of this company and so liberal the 
 public patronage that the question of subscribing funds 
 for a theater received much consideration. The perform- 
 
102 STEVENS T. MASON 
 
 ance was the occasion of not a little amusement at the 
 expense of Major Whipple, who, it was claimed, had gone 
 nightly, and by arrangement with the manager was 
 favored with a seat ''behind the scenes," — he alleging 
 that as he was a "church member" and preferred not 
 to be seen too often in the audience. 
 
 At about this time the Negroes of the city ^^ere again 
 the occasion of some uneasiness. Several of their num- 
 ber had been subjected to short terms of imprisonment 
 and small fines for the disturbances of some weeks pre- 
 vious, while a few were held awaiting the possibility of a 
 more serious charge, dependent upon the fortunes of the 
 Sheriff. The ones at liberty were now demanding their 
 friends' immediate release. As a moral influence, it is 
 said, an old Negress bearing a w^hite flag on a pole 
 marched at the head of a motley procession of her race, 
 through the principal streets of the town in defiance of 
 the civil authority. As rumors of threats to do violence 
 were again rife, Mayor Chapin issued a proclamation 
 ordering all colored people who could not exhibit proof 
 of their freedom or give security for their good behavior 
 to leave the city. As General Cass, Secretary of War, 
 was then in the city, the Mayor applied to him on the 
 25th of July for a detachment of United States troops 
 to be stationed in the city to act under municipal author- 
 ity. The day following, a company from Fort Gratiot 
 were brought to the city and placed under command of 
 General Hugh Brady, to be retained as long as he might 
 deem necessary. As there was at once a scurrying of the 
 disorderly element to the opposite shore, the troops were 
 soon ordered back to Fort Gratiot, and public tranquility 
 was once more established. 
 
ADVANCING TOWARDS STATEHOOD 103 
 
 One of the acts of the Legislative Council of 1833 had 
 been to reorganize the Territorial militia ; by one of the 
 provisions the various companies were to meet *4n their 
 respective beats, on the first Tuesday in May in every year, 
 at nine of the clock in'^the forenoon, for the purpose of 
 improving in martial exercise ; and also once in each year 
 between the first and last days of October by regiment 
 or separate battalion, at such time and place as the com- 
 manding officer of the brigade shall direct for the purpose 
 of inspection, review and martial exercise." These were 
 the old time general training days, or ''muster days," 
 when the pioneer came accoutered, in the language of the 
 statute, "with a good musket or fire lock, a sufficient 
 bayonet and a belt, two spare flints and a knapsack, a 
 pouch with a box therein, to contain therein not less than 
 twenty-five cartridges suited to the bore of his musket 
 or fire lock, each cartridge to contain a proper quantity 
 of powder and ball ; or with a good rifle, knapsack, shot- 
 pouch and powder horn, twenty balls suited to the bore 
 of his rifle and a quarter of a pound of powder." Gen- 
 eral training served as the safety valve to pent up ener- 
 gies in pioneer vigor, even if it did not produce finished 
 soldiers. The provisions of the law would seem to indi- 
 cate that every precaution was taken to make the occa- 
 sion one of superior military education; but many a remi- 
 niscence from the aged pioneer indicates that they were 
 times when some military maneuvers were varied with 
 some excesses and much of the rough but harmless jollity 
 of the period. As Commander-in-Chief, in the absence of 
 Governor Porter, it fell to young Mason to be present 
 with his staff at the General Musters at Monroe, Ann 
 Arbor and the other places of rendezvous, and thus the 
 
104 STEVENS T. MASON 
 
 early days of October were employed. He made small 
 pretense of great military knowledge, but of geniality 
 and good fellowship he had an inexhaustible store, and 
 his greeting by the backwoods private was far more cor- 
 dial than would have been extended to a general in gold 
 braid and epaulets; many a friendship which lasted to 
 the end of his short life had its beginning in the days 
 of the general trainings. 
 
 Young Mason was now in company vn.th several other 
 young men, making unusual application in hope of secur- 
 ing admission to the bar before the father's return, which 
 was expected in February. By much industry he and 
 his friends Isaac S. Rowlands and George N. Palmer 
 were able to comply with the requirements, and received 
 their certificates of admission on the 11th day of Decem- 
 ber.^ It was an event of more than passing importance ; 
 and they celebrated it, in the language of the mother 
 later written to the daughters, "by a tremendous supper 
 and mne party at Woodworth's to which all the gentle- 
 men in town were invited." This party was followed 
 a few nights later by one of like character given by Jacob 
 M. Howard and Franklin Sawyer to celebrate their own 
 admission as members of the Wayne County bar. The 
 congenial character of these gatherings may be inferred 
 from the fact that they resulted in charges being pre- 
 ferred before the Detroit Temperance Society against 
 one of its members, Mr. George Hand, who was then a 
 young member of the bar, charging him Avith having 
 indulged too freely in the wine portion of the banquet. 
 The report of the committee appointed to investigate 
 this charge forces the conclusion that the pledge of a 
 
 1. His admission to tlie territorial supreme court was on July 23, 1834. 
 
ADVANCING TOWARDS STATEHOOD 105 
 
 Detroit Temperance Society in the thirties had relation to 
 the quantity rather than the quality of the beverage ; for 
 the report finds ''that while Mr. Hand did in a sportive 
 humor so conduct himself as to cause the belief in the 
 minds of some of the gentlemen who testified that he was 
 inebriated, this was nevertheless not the fact," although 
 the report admits that the behavior indulged in was "well 
 calculated to excite suspicion." The report closes with 
 the wholesome observation that in view of the reflection 
 cast upon the society, its members "cannot be too careful 
 to abstain even from the appearance of evil." Of Mr. 
 Hand it should be said that he was a graduate of Yale, 
 in the class of '29, and later a most eminent member of 
 the Detroit bar. 
 
 "With the formalities of his admission to the bar 
 attended to, young Mason made hasty preparations for 
 his departure for Washington, where he went to confer 
 with those in authority as to Territorial affairs, and from 
 whence he was to repair to Troy to bring home the sisters 
 so long absent. Starting wdth a team and sleigh, on 
 December 16, he found his conveyance useless in Ohio 
 for want of snow ; but nothing daunted, he took the mail 
 bags before him upon one horse, while the driver took his 
 trunk upon the other, and thus burdened they pursued 
 their way. Because of this delay the month of January 
 was well advanced before, weary from the days of travel 
 by the slow going stage which floundered in the snow- 
 drifts of New York and the mud of Ohio, and many nights 
 spent beneath the roofs of the primitive taverns by the 
 way, they landed at their Detroit home. The home-com- 
 ing of the daughters was the occasion of mingled joy and 
 sorrow; joy at the glad reunion, and sorrow because in 
 
106 STEVENS T. MASON 
 
 their absence the family circle had been broken ; late in 
 October, after a few days' illness, death had claimed the 
 sunshine of the family, Mary, the youngest. It was the 
 occasion of a pungent grief to each member of the family, 
 and to the mother a blow from which she never wholly 
 recovered. 
 
CHAPTER VII 
 
 The Boundaey Dispute with Ohio 
 
 n^ HE' Territorial Council convened on January 7, 1834. 
 -'- Its assembling was an event looked forward to with 
 more than ordinary interest by the people of Michigan, 
 because the commencement of a period of transition was 
 forcing many problems to the fore for discussion and 
 adjustment. 
 
 The people of the peninsular portion of the Territory 
 had expressed their preference for a state government, 
 and a considerable number were anxiously awaiting each 
 step in the program that was to confer the rights and 
 privileges of sovereign power. Immigration into the 
 Territory had been unprecedented, and there was every 
 reason for its people to expect its speedy admission into 
 the Union. Under the ordinary progress of such a pro- 
 gram there would have been exceptional interest in the 
 doings of both Council and Congress; but in Michigan 
 this interest became much intensified by the development 
 of conditions of a most unusual character, growing pri- 
 marily out of the question of the southern boundary of 
 the Territory and proposed State. As the boundary con- 
 troversy developed into a question of first importance, 
 in both the history of Michigan and in the career of Stev- 
 ens Thomson Mason, it is necessary that a somewhat 
 comprehensive review be made of the facts and circum- 
 stances connected with its commencement, progress and 
 final termination. 
 
108 STEVENS T. MASON 
 
 The commencement is to be found in the fifth article 
 of the famous Ordinance of 1787, enacted for the govern- 
 ment of the Northwest Territory. This article, so far as 
 it related to boundaries, provided in substance for the 
 positive creation of at least three States from the Terri- 
 tory for which government Avas then provided. • These 
 three States would have corresponded with the present 
 States of Ohio, Indiana and Illinois, except that their 
 lines of division would have extended northward to the 
 national boundary. Provision was however made "that 
 the boundaries of these three States shall be subject so 
 far to be altered, that, if Congress shall hereafter find 
 it expedient they shall have authority to form one or 
 two States in that part of the said Territory which lies 
 north of an east and west line drawn through the south- 
 erly bend or extreme of Lake' Michigan." This same' 
 articles likewise provided that "whenever any of the said 
 States shall have 60,000 free inhabitants therein, such 
 State shall be admitted by its delegates, into the Congress 
 of the United States on an equal footing with the original 
 States in all respects whatever and shall be at liberty to 
 form a permanent Constitution and State government." 
 
 The action of Congress with respect to the Territory at 
 first seemed to indicate that it contemplated the three 
 State plan, for in 1800 the Territory was divided into two 
 Territories; approximately the present State of Ohio, 
 and the eastern half of Michigan continuing the North- 
 west Territory, while all the western portion including 
 the western half of the Michigan peninsula was organ- 
 ized as the Territory of Indiana. The eastern portion 
 of Michigan was at once organized into the County of 
 Wayne, with representation in the Territorial Council 
 
THE BOUNDARY DISPUTE WITH OHIO 109 
 
 which met at Chillicothe. At this time the eastern Terri- 
 tory had a population of 45,916, of whom 3,757 were 
 inhabitants of the County of Wayne. Two years later, 
 in 1802, an enabling Act was passed by Congress for the 
 formation of the State of Ohio. The people of Wayne 
 County at this time were in close sympathy and relation 
 with their neighbors to the south and desired to be 
 included in the new State about to be formed. They were 
 considerably angered and chagrined when they discov- 
 ered that Ohio influence had shut them out of the pros- 
 pective State by prescribing in the enabling Act that the 
 northern boundary of such State should be the Ordinance 
 line, which we have seen was a line running due east 
 and west "through the southerly bend or extreme of Lake 
 Michigan." Wayne County citizens protested at being 
 thus excluded, but they were mostly Federalists, and as 
 Ohio politicians were Republicans, their protests fell 
 upon deaf ears. The enabling act provided that Wayne 
 County might be attached to the new State if Congress 
 saw fit, but its people were excluded from all partici- 
 pation in the formation of its Constitution or from voic- 
 ing an expression on the subject. It was a matter of 
 political good fortune that Wajme County did not become 
 a part of Ohio, but that it was attached to Indiana Terri- 
 tory instead, for the peninsula was thus united in one 
 natural subdivision. 
 
 In 1803 Governor William Henry Harrison created a 
 new Wayne County, comprising the territory east of a 
 north and south line drawn through the center of Lake 
 Michigan ; this included all of the lower and the eastern 
 half of the Upper Peninsula. The Chillicothe convention 
 in forming the Constitution of Ohio evidently became 
 
110 STEVENS T. MASON 
 
 suspicious that the northern boundary as prescribed in 
 the enabling Act might intersect Lake Erie at a point 
 so far south that the Maumee or Miami Bay which they 
 coveted would be found to be outside of the State. For 
 that reason they embodied in their Constitution as the 
 northern boundary of the proposed State, the boundary 
 of the enabling Act coupled mth the proviso that, "If 
 the southerly bend or extreme of Lake Michigan should 
 extend so far south that a line drawn due east from it 
 should not intersect Lake Erie or if should intersect 
 the said Lake Erie east of the mouth of the Miami River 
 of the Lakes, then with the assent of Congress of the 
 United States the northern boundary of this State shall 
 be established by and extended to, a direct line running 
 from the southern extremity of Lake Michigan to the 
 most northerly cape of the Miami Bay." 
 
 When the Ohio Constitution came before Congress for 
 the admission of that State into the Union, the congres- 
 sional committee to whom the matter was referred 
 refused to consider the proviso ; they advanced the very 
 natural objection, first, that it depended upon a fact not 
 yet ascertained, and secondly, that it was a matter not 
 submitted to the consideration of the Convention. Con- 
 gress accepted the view of the committee, and on Feb- 
 ruary 19, 1803 passed an Act extending the laws of the 
 United States over the State, without mention of the pro- 
 viso of its Constitution. As soon as the congressional 
 delegation of Ohio was seated, it began efforts to secure 
 formal congressional recognition of the line set forth in 
 the boundary proviso, but to no purpose. Congress 
 could not be induced to take action in the matter. 
 In the meantime, Michigan was becoming ambitious 
 
THE BOUNDARY DISPUTE WITH OHIO 111 
 
 for an independent Territorial government ; and in Janu- 
 ary 1805, this ambition was achieved by the creation of 
 the Territory of Michigan. At this time Ohio again 
 sought for recognition of the line extending its northern 
 boundary; but Congress was evidently impressed with 
 the inviolable character of the line as fixed by the Ordi- 
 nance of 1787, and so Michigan Territory was created 
 mth its southern boundary "a line drawn east from the 
 southerly bend or extreme of Lake Michigan, until it 
 shall intersect Lake Erie," etc. Michigan now not only 
 went into actual possession of the territory extending to 
 this line, but began a series of acts of authority and juris- 
 diction over it. For a time the question was dormant, 
 except for an occasional resolution of the Ohio Assembly 
 instructing their Congressmen to use their efforts to 
 secure the passage of a law defining the northern bound- 
 ary. These appeals brought no results until 1812 ; then, 
 as the Indian title to the land had been extinguished and 
 settlers were going into the country, it became necessary 
 that Congress take some action; now again the action 
 taken was not in accord mth the desires of Ohio, for the 
 bill which became a law provided for the survey of the 
 line as established in the enabling Act and which had 
 been given as the southern boundary of Michigan Terri- 
 tory. Indian hostilities and war with Great Britain soon 
 absorbed public attention, and the proposed survey was 
 postponed for three years more; the president then 
 directed the Surveyor General of Ohio to proceed with 
 the work in accordance mth the provision of the law of 
 1812. The Surveyor General, December 31, 1816, com- 
 missioned William Harris to run the line; instead of 
 instructing him to run the line as provided by the law 
 
112 STEVENS T. MASON 
 
 authorizing the survey, he gave instructions for the run- 
 ning of the line in accordance with the Ohio proviso, from 
 the southerly bend of Lake Michigan to the most north- 
 erly cape of the Maumee Bay ; Harris proceeded to do so, 
 the line thereafter being known as the Harris line. 
 
 This line as run by Harris, immediately brought 
 inquiry from Governor Cass of Michigan Territory to 
 the Surveyor General as to the authority for such a sur- 
 vey, and when the Assembly of Ohio sought by their 
 declarations to settle the question according to their 
 desires, the Governor and Judges of Michigan in 1818 
 not only adopted a strong memorial to Congress, but sent 
 a committee to Washington to press the claims of the 
 Territory; so successful was Michigan that the President 
 gave orders for the marking of the northern boundary 
 of Ohio according to the provisions of the Act of 1812. 
 John A. Fulton was commissioned to run this line ; which 
 he did, intersecting Lake Erie at a point about seven 
 miles south of the point of intersection by the Harris 
 line ; the line took the name of its surveyor, and became 
 known as the ' ' Fulton line. ' ' Two years before this time, 
 and on the 11th day of December 1816, Lidiana quite 
 unopposed had sought and obtained admission into the 
 Union with her northern boundary ten miles to the north 
 of the Ordinance line. As the district thus included was 
 in an uninhabited portion of the Territory which was 
 then Avithout a delegate in Congress, Indiana's action 
 passed unchallenged, if not unnoticed; but it did not 
 escape notice in the later memorial of the Governor and 
 Judges, who mentioned it, as they stated, "that it might 
 not hereafter be supposed they have acquiesced." When 
 in 1820 Ohio sought to extend her jurisdiction into the 
 
KOBEKT AKBOTT. 
 First Auditor General of Michigan, Treasurer of Michigan Territory lS13-lSoC 
 
Member 
 
 .lAMES I). DOTY 
 .1' the Ten-it. n-ial Council of Miehijj;;!!!. 
 
ROBERT LUCAS 
 Governor of Ohio at the time of the boundary dispute. 
 
THE BOUNDARY DISPUTE WITH OHIO 113 
 
 disputed territory, her acts brought a strong exposition 
 of Michigan's claims from the then Acting Governor, 
 William Woodbridge, to the Governor of Ohio, and to the 
 President through John Quincy Adams, Secretary of 
 State. 
 
 For the time being the question became quiescent, if 
 not settled. Occasionally Ohio brought forward some 
 measure relative to the northern boundary, but they did 
 not receive leglislative sanction, nor was Michigan dis- 
 turbed in her possession or jurisdiction. In 1827 the 
 Territorial Council organized the disputed territory into 
 the Township of Port Lawrence, where they later col- 
 lected taxes, built roads and enforced the civil and crim- 
 inal law of the Territory. In 1831 it became apparent 
 to all the parties concerned that a speedy termination 
 of the controversy was much to be desired. Governor 
 Cass in his message to the Council of that year gave 
 a succinct review of the situation and suggested the 
 expediency of a renewed expression, by a memorial to 
 Congress, of the views of the Council and the expecta- 
 tions of their constitutents. Such a memorial was sent, 
 but not until after a futile effort on the part of Michigan 
 to adjust the difficulty had been made by Michigan offer- 
 ing to accept from Ohio, territory west of the Maumee 
 River as compensation for such as was yielded by Mich- 
 igan to the east of it. 
 
 As the Fulton survey, owing to the failure to establish 
 the latitude of the southern extreme of Lake Michigan 
 and the point where the line intersected the Maumee 
 River and Lake Erie was unsatisfactory the national Con- 
 gress in 1832 provided for the taking of these observa- 
 tions which were to be completed by December 31, 1835. 
 
114 STEVENS T. MASON 
 
 The work was intrusted to Captain Talcott of the United 
 States Army; the actual work of the observations was 
 largely performed by a brilliant young graduate from 
 West Point, later to become know^n to the world as a 
 great military genius, the hope of the Confederacy in the 
 war between the states, — Robert E. Lee. 
 
 The ''Talcott line" practically coincided mth the 
 ' ' Fulton line, ' ' for they intersected the Maumee not more 
 than three hundred yards apart. Toledo, or its prede- 
 cessor Port Lawrence, was founded in 1832. It was pro- 
 moted by Ohio capital and its people were ambitious that 
 it should become the northern terminus of the canal by 
 which the waters of Lake Erie should be connected with 
 those of the Ohio at Cincinnati. On January 8, 1833, the 
 Legislative Council of Michigan adopted a memorial to 
 Congress asking authority for the people of the Territory 
 north of the line dra^^n east from the southerly extreme 
 of Lake Michigan to assemble by their delegates to form 
 a State Constitution. On December 11th following, 
 Lucius Lyon, the Territorial Delegate, presented the 
 first formal petition of Michigan for admission into the 
 Union. Henceforth the admission of Michigan and the 
 boundary controversy became inseparable. Ohio insisted 
 that it was a question which should be settled by Con- 
 gress before the admission of Michigan; while Michigan 
 was equally insistent that she should be granted state- 
 hood, and that the question of boundary was the proper 
 subject of judicial inquiry for the highest court of the 
 land. As Ohio based her claim on an appeal to what 
 her representatives termed the ''plenary, equitable and 
 political discretion" of Congress, it is apparent why they 
 
THE BOUNDARY DISPUTE WITH OHIO 115 
 
 desired the decision of Congress rather than of the 
 Supreme Court. 
 
 Following Michigan's demand for admission, Ohio pro- 
 posed a bill to establish her northerly boundary on the 
 "Harris line." This bill which passed the Senate, but 
 failed in the House, drew from the Territorial Council 
 a most emphatic memorial in which it recited the history 
 of the facts upon which it based its claim and declared 
 that "upon the authority of these Acts, the Territory of 
 Michigan demands, as the right of the State of Michigan 
 that the fundamental line running east and west through 
 the southerly bend or extreme of Lake Michigan and no 
 other ' ' should be recognized as their southern boundary. 
 To the House committee having in charge the bill for 
 the admission of Michigan, the Territorial Delegate, 
 Lucius Lyon, submitted an exhaustive argument on the 
 boundary question which for perspicuity and logical 
 deductions could not have been surpassed, and which 
 from the standpoint of legal right remained unanswered. 
 
 Such was the status of this famous controversy in the 
 early days of 1834. Interested as the people of Michigan 
 were in the question it involved, it did not absorb their 
 attention to the exclusion of many matters of domestic 
 concern. The fact that statehood at the very farthest could 
 be delayed but a short time, was directing the minds of 
 men into new channels and crystalizing thought about 
 issues that were to be prominent in the early history 
 of the State. The Territory now had many men of keen 
 foresight and sound judgment who w^ere more or less 
 actively forecasting the material development that was 
 to follow the creation of State institutions and the 
 
116 STEVENS T. MASON 
 
 increase of population. It is probable that at this time 
 more than one-half of the inhabitants of the Territory 
 in their passage hither had traveled by the Erie Canal for 
 some portion of their journey. They had been eye wit- 
 nesses of the great development in western New York 
 which had resulted from the construction of this great 
 means of transportation. Michigan had many inhabi- 
 tants who had been residents of Ohio when Marietta was 
 an outpost of civilization. They had seen the immigrants 
 swarm to its fertile lands and cities and villages rise as 
 if by magic. A million people had found homes in Ohio 
 within the memory of many men who were still in the 
 fresh vigor of their activities. Thousands of home seek- 
 ers had passed on to near-by States on the prairies of 
 Indiana and Illinois. Now the tide had turned toward 
 Michigan, and it required but little imagination to con- 
 ceive for it a future of equal if not surpassing glory. 
 Ohio had now for nearly ten years been at work upon a 
 program of extensive internal improvements. A system 
 of canals was now in course of construction that it was 
 confidently believed would bring to that State an era of 
 unexampled prosperity. The practicability of steam as a 
 motive power in transportation was now beginning to be 
 realized, and even in distant Michigan there were those 
 who were ambitious for the early inauguration of the 
 ''railway age." Within nine months after the successful 
 trip of the ' ' Rocket ' ' in England and before there was a 
 mile of track in use for general traffic in the United 
 States, an Act was passed in the Michigan Legislative 
 Council to incorporate the Pontiac and Detroit Railway 
 Company, the Act bearing date July 31, 1830. This was 
 followed by the chartering of the Detroit and St. Joseph 
 
THE BOUNDARY DISPUTE WITH OHIO 117 
 
 Railroad Company, January 29, 1832, designed to connect 
 Detroit with the mouth of the St. Joseph River; and of 
 the Erie and Kalamazoo Railroad Company, April 22, 
 1833, to connect Port Lawrence, now Toledo, with Adrian 
 and ultimately to be projected to some point upon the 
 Kalamazoo River. In his message to the Legislative 
 Council, January 8, 1834, Governor Porter said : 
 
 * ' Permit me to call your attention to the laudable exer- 
 tions now making by our citizens in different sections of 
 the Territory, to procure the aid of the General Govern- 
 ment in the construction of a railroad through the penin- 
 sula. A liberal provision has heretofore been made for 
 works connected mth the internal improvement of the 
 Territory. Is there any subject more worthy of their fos- 
 tering care than the construction of this railroad? A 
 large revenue is derived from the sale of the public lands 
 mthin this peninsula. Nature has prepared the ground, 
 and the small expense which would be incurred in con- 
 structing a railroad would be soon reimbursed by the 
 increased amount of the sales and the numerous other 
 advantages that would result as well to the government 
 as to the individuals. ' '- 
 
 The Governor's message likewise suggested improve- 
 ments to the St. Joseph, Kalamazoo, Grand and Clinton 
 Rivers and to the St. Clair Flats, recommending a 
 memorial to Congress praying governmental aid for these 
 worthy objects. These recommendations were undoubt- 
 edly in accord mth the ambitions of the people and in, 
 keeping with their judgment and forecast of develop- 
 ment as well. These recommendations of the Governor, 
 acts of the people and previous memorial of the Legisla- 
 tive Council, are important as bearing on later events in 
 
118 STEVENS T. MASON 
 
 the history of the State when internal improvement 
 became a matter of State policy, in place of formative 
 suggestions and discussion. Not a few who have written 
 on the history of Michigan have treated the question of 
 internal improvements as though it was a policy peculiar 
 to Michigan, and even there inaugurated and prosecuted 
 in opposition to the sound .judgment of the people; 
 whereas it was a policy common to many States, in 
 accord with the sentiments of the people then entertained 
 and as had been repeatedly expressed through the legis- 
 lative and executive branches of their governments.^ 
 
 At this session the Council passed Acts incorporating 
 the Shelby and Detroit Eailroad Company, both com- 
 panies being empowered to "transport, take and carry 
 property and persons, by the power and force of steam, 
 of animals, or of any mechanical or other power or of any 
 combination of them." Incorporation was likewise pro- 
 vided for a company to construct a canal connecting the 
 waters of the Fox and Wisconsin Rivers, at or near the 
 place known as the ''Wisconsin Portage." Otherwise 
 the legislation of the Council was of the routine and ordi- 
 nary nature. 
 
 On the 6th day of July the people were shocked to learn 
 of the sudden death of Governor Porter. He had been 
 but a short time among the people of the Territory, but 
 the association had been such as to earn him their confi- 
 dence and high esteem. He had entered heartily into 
 
 state activity in the matter of internal improvements both in 
 Michigan and other States of the Northwest was no doubt 
 much accelerated by the fact that the making of internal 
 improvements at Federal expense was a question at this time 
 upon which political parties were far from agreed and over 
 which now and at later times great congressional contests 
 were waged. 
 
THE BOUNDARY DISPUTE WITH OHIO 119 
 
 their hopes and aspirations, and the large concourse that 
 gathered at the capitol for the ceremonies of his funeral 
 was more than a mark of respect to his official station. 
 
 Stevens T. Mason, as Acting Governor, was now again 
 the executive head of the Territory. Three years had 
 served to remove most of the animosity occasioned by 
 his appointment. His courtly manners and real abilities, 
 his disposition to advise with men of judgment had made 
 many of his early opposers his staunchest supporters. 
 At the charter election in April previous, he had been 
 chosen one of the aldermen at large of Detroit, and had 
 proceeded with the discharge of the office "with commend- 
 able diligence and attention. As drunkenness had become 
 disgracefully common upon the streets of the city. Mason 
 took advantage of his official position in an effort to 
 correct the condition by preparing and having enacted an 
 ordinance whereby all dispensers of intoxicants were 
 required to pay an annual license fee of fifty dollars and 
 were prohibited from selling liquors in quantities of less 
 than one gallon. The ordinance marks one of the first 
 restrictive measures for the control of the liquor traffic 
 within the Territory. 
 
 On the first of August the people of Detroit were sud- 
 denly horrified by the dreadful intelligence that the spec- 
 tre of Asiatic cholera was again active in their midst. 
 Almost "without warning it began its ghastly work of 
 decimation. Two years before it wrought its fearful 
 havoc in the homes of the poor and among the desolate ; 
 nov/ it was an impartial scourge, visiting ^^dth especial 
 fatality the homes of culture and refinement. Seven per 
 cent of the population of Detroit died in the single month 
 of August. It again spread to various places of the 
 
120 STEVENS T. MASON 
 
 interior, Ann Arbor and Ypsilanti being special sufferers. 
 More than a quarter of the population of Detroit fled 
 from the town ; for weeks an air of desolation hung over 
 the stricken city ; day after day the August sunshine beat 
 down in almost deserted streets. Many of the stores 
 were closed and but one or two small schooners swung 
 lazily at their moorings upon the river. In regular runs 
 the Henry Clay and one or two other steamboats touched 
 the port, but more often to take away than to discharge 
 passengers. 
 
 Father Gabriel Richard now had a worthy successor in 
 the person of Father Martin Kundig, who rightfully 
 became known as **The Apostle of Charity." The local 
 authorities again sought the use of the Capitol as an 
 emergency hospital, but were refused; then it was that 
 Bishop Eese tendered the use of the edifice subsequently 
 known as Trinity Church, then undergoing repairs to fit 
 it for church uses. The building was hurriedly put in 
 condition for a temporary hospital, and Father Kundig, 
 the tall, handsome Swiss priest, placed in charge. Of 
 the work of this good man no better recital can be given 
 than to quote the words of that other eminent citizen, 
 Charles C. Trowbridge, at that time Mayor of the city: 
 
 "Amidst the panic which ensued, a few stood calm and 
 resolute. Among these no one was more distinguished, 
 none so much admired as Father Kundig. Fearless and 
 serene, he seemed to be ubiquitous among the stricken 
 of the plague. At his personal expense he provided an 
 ambulance, he went forth from morn till night on his 
 errand of mercy, cheerful and cheering everyone. When 
 some victim of the plague was found who was without 
 friends or medical care, he carried the unfortunate to 
 
THE BOUNDARY DISPUTE WITH OHIO 121 
 
 his ambulance and drove to the hospital in the old church. 
 AVlien the church was reached, he carried the sufferer on 
 his shoulders to the ward of the hospital where a band 
 of young physicians, who had volunteered as nurses (and 
 by the way not one of these young heroes was attacked 
 by the plague) took charge until recovery or death 
 decided the case." 
 
 Before the commencement of the epidemic, General 
 John T. Mason had returned from Mexico, to be apprised 
 of the death of his youngest born. The mother had suf- 
 fered serious illness, which with the mental strain inci- 
 dent to her months of sorrow had greatly impaired her 
 health. With the coming of the cholera, the father fear- 
 ful of the shock to the delicate mother from the scenes 
 that must ensue, and not unmindful of the violent con- 
 tagion of the disease, took the wife and daughters to 
 New York and the old Virginia home; Thomson alone 
 of the family remained, and with one or two servants 
 maintained the home while he manfully discharged the 
 duties intrusted to his care, joining with others in allevi- 
 ating the suffering, sorrow and distress incident to the 
 direful situation. This was done not only by active 
 effort, but by example of cheering fortitude and courage. 
 With the approaching days of autumn the cholera plague 
 subsided, and so far as was possible affairs assumed 
 their normal status. 
 
 On the 28th of June, 1834, by Act of Congress, all the 
 country north of the north line of the State of Missouri, 
 west of the Mississippi and east of the Missouri and 
 Wliite Earth Eiver was for the purposes of temporary 
 government attached to and made a part of the Territory 
 of Michigan; thus under Michigan Territory was com- 
 
122 STEVENS T. MASON 
 
 prehended the Territorial limits not only of the present 
 State of Michigan, but of the present States of Wiscon- 
 sin, Minnesota, Iowa and the eastern portion of North 
 and South Dakota. The preceding Legislative Council in 
 view of the anticipated attachment of the vast extent of 
 country to Michigan and the necessity of appropriate 
 legislation to bring it within the pale of civil government, 
 as well as the need of attention to matters of special 
 interest to Michigan proper, had petitioned Congress for 
 the authority to hold a special session. This authority 
 was granted, and in conformity therewith Acting Gov- 
 ernor Mason convened the body in extra session at 
 Detroit on September 1 ensuing. 
 
 The message of the young executive delivered on the 
 day f ollomng the assembling of the Council had the ring 
 of energy and action that ever after characterized his 
 public utterances. Public sentiment in Michigan was 
 becoming somewiiat aroused. State feeling as distin- 
 guished from national feeling was strong. The people 
 of the Territory believed that they had certain rights 
 guaranteed to them by the Ordinance of 178.7, and that 
 these rights were as sacred as though guaranteed by the 
 provisions of the Constitution itself. Among these was 
 the right to the southern boundary as prescribed in the 
 Ordinance and the right to formulate a Constitution and 
 create a State government when they should have sixty 
 thousand free inhabitants; which they now had. The 
 petitions and memorials from the Legislative Council to 
 the national Congress asking what the people believed 
 to be their rights had been treated by that body as though 
 they were petitions upon the grace of Congress for that 
 which it was within their power to grant or "withhold at 
 
THE BOUNDARY DISPUTE WITH OHIO 123 
 
 pleasure. Weary from entreaty, the people of the Terri- 
 tory resolved upon a program of aggression, and the 
 message of Acting Governor Mason to the special session 
 of the Council disclosed that it was a program with which 
 he was in full sysmpathy and accord. 
 
 ''The leading purpose of your present session," said 
 he, "contemplates the speedy admission of Michigan into 
 the Union. ' ' After recommending the taking of a census 
 as a step in eifecting the desired object, he proceeded 
 to say, ''The time has arrived when Michigan is called 
 upon to act for herself. She has petitioned Congress 
 again and again to extend to her the same measure of 
 liberality and justice which has been extended to all the 
 Territories admitted into the Union as States. None of 
 these Territories had at the time of their admission a 
 population equal to sixty thousand souls, a population 
 on the attainment of which we are authorized by the 
 Ordinance of 1787 to claim an incorporation mth a 
 Republican constitution into the Union, on an equal foot- 
 ing with the original States. All, or most of the Terri- 
 tories have been admitted when they possessed a num- 
 ber of inhabitants equal to their ratio of representation 
 in their House of Representatives of the United States. 
 Congress, under the influence of the policy which at present 
 guides its deliberations, has failed to accede to the reiter- 
 ated applications of Michigan, mth a population greater by 
 far than that of any other favored Territory for power 
 to form a Constitution and State government. She has 
 but one course left for the assertion of her equal rights. 
 It is to ascertain her population, which is beyond doubt 
 more than sixty thousand ; to proceed in that event to the 
 calling of a Convention for the institution of a State 
 
124 STEVENS T. MASON 
 
 government and to the election of a Representative and 
 Senator to Congress. The State of Michigan will then 
 have a right to demand admission into the Union ; and it 
 is not to be anticipated that the Congress of the United 
 States will hesitate to yield as a matter of right what 
 they have heretofore refused to grant as a favour. ' ' 
 
 Continuing he said, ''It has become manifest, that as a 
 Territory, we have but little weight in the deliberation 
 of Congress on subjects connected with a view^ to other 
 interests than our owm." Surely much that had pre- 
 ceded and much that was to follow was proof of this 
 assertion. 
 
 Among other things, the message called attention to 
 the country beyond the Mississippi that had been added 
 to the Territory for the purpose of temporary govern- 
 ment ; pleaded for the abolition of imprisonment for debt, 
 "a flagrant violation of personal liberty, entirely at war 
 with, the spirit and genius of our institutions and a stain 
 upon the legal code of the country;" and mentioned that 
 the Secretary of War had detailed competent engineers 
 from the army to make surveys for one or more rail- 
 roads across the peninsula; ''in view of its vast impor- 
 tance to the interests of Michigan," he suggested the 
 propriety of paying for the same by an appropriation 
 from the Territorial treasury. 
 
 It was at this time that Lieutenant John M. Berrien 
 became associated with the railway projects of Michigan 
 in the capacity of a civil engineer, an association that 
 lasted for many years, first for the State and later for the 
 Michigan Central Railroad Company when it had taken 
 over its properties from State control. 
 
 The Council in accordance with the recommendations 
 
THE BOUNDARY DISPUTE WITH OHIO 125 
 
 of the Acting Governor promptly passed an Act to pro- 
 vide for the taking of a census of the inhabitants of the 
 Territory east of the Mississippi River, the same to be 
 taken between the first Monday of October and the first 
 Monday of November following. 
 
 Previous to this time the Territory now embraced 
 within the State of Wisconsin had been laid out into the 
 counties of Michilimackinac, Browm, Crawford and Iowa, 
 the first named also including the northern portion of 
 the peninsula of Michigan. Milwaukee County was now 
 created and made to contain some 2,500 square miles of 
 territory bordering upon Lake Michigan and the north- 
 ern boundary of Illinois. Of the territory west of the 
 Mississippi, to which the Indian title had been extin- 
 guished, all south of a line drawn west from Rock Island 
 to the Missouri River and north of the State of Missouri 
 was constituted the County of Des Moines, while all north 
 of such line was constituted the County of Dubuque, said 
 counties respectively being given corporate existence as 
 the townships of Flint, Hill and Julien. This work being 
 completed during the first week of the session, at the 
 expiration of that time the Council adjourned to the 
 11th of November ; by that time it was expected the cen- 
 sus would be completed and it was hoped that the cholera 
 epidemic would have subsided so that the public business 
 might be attended to under conditions less gruesome 
 and distressing. Adjournment was not taken, however, 
 until the Council had given expression by resolution to 
 its convictions on the question of the southern boundary 
 and its right to form a Constitution and State govern- 
 ment whenever there were sixty thousand free inhabi- 
 tants in the Territory; and inasmuch as such provisions 
 
126 STEVENS T. MASON 
 
 were a part of the Act of cession by which Virginia 
 had ceded the Northw^est to the Confederacy, the Council 
 authorized the Acting Governor to communicate the reso- 
 lutions adopted to the Governor of that State to be by 
 him laid before the House of Delegates with the request 
 that they ^'require of the Government of the United 
 States a strict compliance mth the said Act of Cession 
 and Ordinance, more particularly by abstaining from any 
 legislation upon the subject of the northern boundary of 
 Ohio, and that she will aid our inhabitants in maintain- 
 ing the integrity of the limits of the State or States 
 to be formed north of the east and west line aforesaid." 
 
 On September 10th Acting Governor Mason communi- 
 cated the resolutions to Hon. Littleton W. Tasewell, Gov- 
 ernor of Virginia, accompanying them with a personal 
 letter giving a history of the controversy from its incep- 
 tion, and closing his review of the facts by saying: 
 
 ''Michigan feels justified in making an appeal to Vir- 
 ginia, in the fact that she is as it were, her offspring; 
 springing from an act of disinterested and noble gener- 
 osity on the part of Virginia, she looks up to her as a 
 parent, and feels a strong degree of confidence in the 
 belief that her rights will be protected. 
 
 ''It is with pleasure, Sir, that I address you on this 
 subject; from whom candor, impartiality and justice can 
 confidently be expected, and if permitted in addition to 
 my duties to the people of Michigan, I might allude to 
 my own feelings, as a native of Virginia, in justifica- 
 tion of the zeal with which I urge a full examination and 
 consideration of the subject by your Excellency, under a 
 conviction that you will recommend to the Legislature 
 
THE BOUNDARY DISPUTE WITH OHIO 127 
 
 of your State the adoption of such measures as "will be 
 consistent with the rights of those interested." 
 
 Governor Tasewell responded to the letter with a suav- 
 ity characteristic of the time. Writing of the letter 
 received from Mason, he said : 
 
 ''In it you appeal to the justice of Virginia, and found 
 your appeal a strong representation of the merits of the 
 case. I could say nothing more and nothing half so well. 
 It is due not less to you than to the cause of Michigan 
 therefore that her claim should be presented in the very 
 words of her own powerful advocate. 
 
 ''If I transcend the prescribed forms of official duty, 
 to thank you for the spirit in which your letter is written, 
 you, who feel that spirit, will excuse me. You style 
 yourself 'a native of Virginia' and in the sentiments 
 you utter, I not only recognize you as such, but as a 
 descendant of those to whom we are indebted for much 
 of that spirit which we still feel. When Virginia forgets 
 a Mason worthy of his- name, she will dishonor herself, 
 and when a native Mason of that class forgets Virginia, 
 he will do no less." 
 
 The resolutions and some of the correspondence found 
 their way into the journal of the Virginia House of Dele- 
 gates, but aside from the fact that they served as the 
 occasion for the passage of some stilted compliments, 
 they served no special purpose, for they brought no legis- 
 lative expression on the subject of the controversy. 
 
 The cholera epidemic ended almost as abruptly as it 
 began. From the 5th of August to the 1st of September, 
 three hundred and nineteen victims had been claimed by 
 the scourge; and on Wednesday, the 24th of the latter 
 
128 STEVENS T. MASON 
 
 month, the people of the city observed a day of Thanks- 
 giving and prayer "for the mercy that had stayed the 
 visitation. ' ' 
 
 Acting Governor Mason with a couple of servants was 
 still the sole tenant of the Mason home. To the absent 
 sisters he wrote frequent letters in a half serious, half 
 humorous vein that disclose characteristics at variance 
 with those he was reputed to possess. To the younger 
 sister Catherine, he wrote : 
 
 *'I suppose you have a surfeit of a fashionable city 
 life and long once more to enjoy the quiet and comfort 
 of your own home, w^hich is at last the only place where 
 true happiness is to be found. As for myself, give me 
 the ease and simplicity of nature unalloyed by what are 
 called the improvements in society, but what are to me 
 the heartless and arbitrary regulations of men, made to 
 play off 'such fantastic tricks as would make the angels 
 weep.' The longer I live, the more I hate good society 
 as it is now rated. Had I an empire of my own, I would 
 as strictly quarantine the approach of fashion as I would 
 that of a contagious fever; both are equally dangerous 
 and one case of either thrown into a community, will soon 
 spread over it, unless in the former instance the constitu- 
 tions of the citizens are strong enough to withstand dis- 
 ease, and in the latter, their heads sufficiently sound to 
 resist the contagion of fashion. So recollect, you and 
 Emily are to bring none of the exquisites of fashion con- 
 cealed in your frock sleeves, or I shall follow the recent 
 example of Governor Hayne of South Carolina and con- 
 sider it my duty as Chief Magistrate of Michigan to issue 
 a proclamation against your landing in the Territory. 
 
GEN. JOSEPH W. BROWX, 
 Commander of Michigan militia in the Black Hawk War. 
 
 versity 1839. 
 
 Regent of the Uni- 
 
RICHARD RUSH, 
 Member of the National Commission to ailjiist tbe Ohio boundary dispute. 
 
BENJAMIN C. HOWARD, 
 Member of the National Commission to adjust the Ohio boundary dispute. 
 
THE BOUNDARY DISPUTE WITH OHIO 129 
 
 He railed against the cholera and would have none of it. 
 I'll have none of fashion modernized." 
 
 The distinguished English author, Harriet Martineau, 
 who was now in New York City, soon met the family of 
 General Mason, by whom she was cordially invited to 
 include Detroit in her itinerary and to make the Mason 
 home her abiding place while there sojourning. This 
 information communicated to Thomson brought a prompt 
 letter to the sister Emily in which he says: ''I have 
 been daily standing in dread of the arrival of Miss Mar- 
 tineau, who I am informed has been invited to take up 
 her quarters -with us during her stay in Detroit. I wish 
 her no harm, but pray heaven she may never arrive. 
 Imagine to yourself, Miss Martineau amongst us with our 
 present household. Jemmy the dining room servant, and 
 Ann, her waiting maid. An earthquake would not pro- 
 duce more terror amongst us than her presence. Every- 
 body about the house trembles at noise of a steamboat. 
 Even the old gobbler in the yard seems frightened, for the 
 knock of Miss Martineau at the door of our mansion is 
 the knell of his departure 'to the place from which tur- 
 keys never return.' If a master's hopes, his servants' 
 petitions, and a gobbler's prayer will avail anything, 
 heaven will send adverse winds to the vessel that bears 
 Miss Martineau to our port. ' ' 
 
 Whether there was potency in the hopes, petitions, 
 and prayers, to which reference was made, will never be 
 known ; but from some cause the visit of Miss Martineau 
 was delayed until the following June, when from her sub- 
 sequently published work Society in America and Retro- 
 spect of Western Travel, it would seem that the impedi- 
 
130 
 
 STEVENS T. MASON 
 
 ments in the way of her proper entertainment had passed 
 away, and that from the home of the genial General she 
 took away memories of the kindliest and most pleasing 
 nature. 
 
CHAPTER VIII 
 
 The Boundaey Dispute with Ohio (Con.) 
 
 ON November 11th the Council reconvened, and on 
 the 18th the returns of the census of the counties 
 east of Lake Michigan being completed, — they were com- 
 municated to the Council in a special message from the 
 Acting Governor. The completed census showed a popu- 
 lation of 85,856 within the Lower Peninsula, a number 
 almost a third greater than that which the Ordinance 
 of 1787 had fixed as a prerequisite for statehood and 
 admission into the Union, and much larger than that 
 possessed by any of the States that had previously been 
 admitted to statehood from the Northwest. The message 
 went fully into the question of the propriety of calling a 
 Convention to frame a Constitution, and detailed at length 
 the arguments in support of their right to do so. Now that 
 Michigan proper had a population of sixty thousand, the 
 Acting Governor in common with a large body of her 
 citizens was firm in the belief that Congress would impose 
 no objection to the admission of the State. To the mind 
 of the Acting Governor, Michigan was now in position 
 to avail herself of that provision of the fundamental 
 Ordinance which said that ' ' Such State shall be admitted 
 by its delegates into the Congress of the United States on 
 an equal footing with the original States, in all respects 
 whatever, and shall be at liberty to form a permanent 
 Constitution and State government. ' ' This provision was 
 quoted in the message with the emphasis indicated. The 
 
132 STEVENS T. MASON 
 
 executive sought to make clear that the only discretion 
 left for Congress to exercise is, to determine that our 
 Constitution is republican. 
 
 That Michigan might be free to work out her scheme 
 of state building, the Acting Governor urged the impor- 
 tance of memorializing Congress to set off the country 
 west of Lake Michigan under a separate and distinct 
 Territorial government. The message closed with a par- 
 agraph indicating that its writer was not unmindful of 
 the gravity of the program he was recommending, should 
 it be followed. In his words : 
 
 ' ' ' Constitutions are the work of time, not the invention 
 of ingenuity,' and too much deliberation and reflection 
 cannot in its formation be bestowed upon an instrument 
 on which the future prosperity of our Territory and the 
 happiness of her citizens may depend. When a nation is 
 about to make a change in its political character, it 
 behooves it to summon to its aid the experience of ages 
 which have passed and the wisdom and talents of the 
 present day, and to ascertain clearly those great princi- 
 ples of equal rights and sound policy which effectually 
 secure the liberties and properties of the people. Such 
 is the situation of Michigan at present. She is about to 
 change her political character. Her citizens should 
 reflect upon the important step they are about to take; 
 and with the view of bringing before them the numerous 
 questions. of importance which the measure will involve, 
 I most earnestly recommend the passage of such a law as 
 I have suggested to your consideration." 
 
 On the day following, the 19th, Acting Governor Mason 
 sent a second message to the Council in executive session, 
 from which it appears that his program for ''breaking 
 
THE BOUNDARY DISPUTE WITH OHIO 133 
 
 into the Union" was not the product of that youthful 
 audacity that has been sometimes charged; but was 
 rather in furtherance of a calculating and well-considered 
 policy. Stevens T. Mason, young though he was, was not 
 without a keen appreciation of the odds that were against 
 the Territory of Michigan in the contest with Ohio. He 
 realized not only the great power of Ohio alone, but that 
 Indiana and Illinois were in sjTiipathy with her cause; 
 for they had projected their northern boundaries much 
 further north of the Ordinance line than Ohio was now 
 attempting, — jealousy for their own interests made them 
 partisans of Ohio. He had observed enough of politics 
 to know that the simple consciousness of standing for the 
 right is a very unattractive reward in a contest of poli- 
 tics and expediency; and as Michigan was a Territory 
 without electoral votes or political prestige, she had but 
 little more than this reward of conscience to offer. In 
 his message he said : 
 
 ''The general rights of Michigan to admission to the 
 Union are fully understood by you. The only question 
 of doubt in your minds can be whether you will immedi- 
 ately call a convention to form a Constitution and State 
 government, or petition Congress at their next session to 
 admit us into the Union as a sovereign and independent 
 State. Under ordinary circumstances, the latter course 
 would certainly be most to be preferred and should 
 unquestionably be followed. It would prevent all col- 
 lision with the General Government, and could but be 
 calculated to increase the common feeling of sympathy 
 which is entertained by the different States of the Union. 
 But when the dispute with Ohio is called in question, 
 we have but one course to pursue. It is our policy to 
 
134 STEVENS T. MASON 
 
 avoid, and if possible prevent all legislation whatever 
 on the part of Congress on that important subject. Under 
 present circumstances we must be satisfied that Congress 
 if brought to the test, will decide the question against us. 
 Our only hope of success is to delay their action until 
 we become a State, when we can appeal for justice to 
 the supreme judicial tribunal of the country and maintain 
 the rights which are secured to us by the Ordinance of 
 July 13, 1787. 
 
 '^No bill connected with the admission of Michigan can 
 be carried through Congress without having cut off from 
 us the country claimed by Ohio. This state of things 
 would compel our delegates in Congress to turn about, 
 and as a matter of duty to his constitutents, endeavor 
 to derfeat the very act which you yourselves would ask 
 to be enacted." 
 
 It was in furtherance of this program that Elon Farns- 
 worth, on November 21, introduced and later had passed 
 a 'resolution asking Congress in the interest of the emi- 
 grants settling west of Lake Michigan, to declare its 
 intention towards that Territory, whether it purposed 
 to erect it into an independent State or to admit it as a 
 part of one State to be formed north of the Ordinance 
 line. Likewise James D. Doty, member from Green 
 Bay, submitted a report from the committee on Terri- 
 torial affairs, intended for the United States Congress, 
 in which he graphically described the conditions west of 
 Lake Michigan and made representations well calculated 
 to induce that body to take action looking to the establish- 
 ment of an independent government in that region. Upon 
 the adoption of this memorial a few days later, Mr. Doty 
 made an ineffectual attempt to have the islands of Mack- 
 
THE BOUNDARY DISPUTE WITH OHIO 135 
 
 inac and Bois Blanc included in the Territorial limits 
 of the government sought to be created in the region west 
 of Lake Michigan; the proposition commanded the sup- 
 port of only two western delegates and one from the 
 county of Oakland. 
 
 There were some members of the Council who still 
 believed that it was possible to reach an amicable adjust- 
 ment of the perplexing boundary question. Through, 
 the efforts of Mr. Doty as the mover, a bill was framed 
 giving authority to the Governor of the Territory to 
 appoint three commissioners, with. power to enter into 
 negotiations with such commissioners as might be 
 appointed by either of the States of Ohio, Indiana, or Illi- 
 nois, or with the Governors of such States, 'Ho adjust 
 and finally settle the northern boundary of such States 
 or either of them." The bill ultimately became a law, 
 but not until after a somewhat spirited contest. Acting 
 Governor Mason gave the measure his approval, not 
 because he believed it would be the means of bringing 
 about the adjustment contemplated, but because he knew 
 that nothing would be lost thereby, and that some moral 
 support might accrue to the Territorial cause by the 
 refusal of Ohio to accede thereto. In this proffer of 
 adjustment. Governor Lucas on the part of Ohio, refused 
 to join, as he held, that inasmuch as Michigan was a 
 Territory, her commissioners would be powerless to make 
 an award that would be binding upon the State that would 
 later supersede her temporary government. 
 
 On December 31, the special session of the Council 
 adjourned sine die, the second session of the sixth Legis- 
 lative Council convening on the 12th of January follow- 
 ing. On this occasion the message of the Acting Gov- 
 
136 STEVENS T. MASON 
 
 ernor entered more exhaustively into the legal and his- 
 torical basis of the boundary controversy and the right of 
 the people of the Territory to form a Constitution and 
 State government, than had any previous communication 
 to the Council. It likewise reiterated his well known views 
 on the question of imprisonment for debt, which he stig- 
 matized as a ^'remnant of barbarity." It suggested the 
 propriety of memorializing Congress for an appropria- 
 tion for the erection of a marine Ijospital at Detroit, a 
 need which the National Government recognized in 1854, 
 by the erection of the hospital which is still in use at that 
 port. Mason had been tutored in the political school of 
 Jelfersonian democracy and he looked mth scant sym- 
 pathy upon legislation that tended to restrict the indi- 
 vidual initiative or confer special privileges. He looked 
 upon corporations as sometimes being subject to both of 
 these political evils, and so we find his message calling 
 attention to the subject in the language of his school and 
 time. 
 
 **I would with diffidence," he proceeds to say, ''but 
 with a conviction of the importance of the subject, call 
 your attention to the impolicy of granting of private 
 incorporation. By a reference to our statute book it will 
 be seen that this system has been already carried to such 
 an extent, that if persevered in, it cannot fail to fill our 
 Territory with an innumerable multitude of irresponsible 
 companies. It must be admitted that individual enter- 
 prise is greatly embarrassed and discouraged by a too 
 general and indiscriminate creation of corporate privi- 
 leges. Individual enterprise and capital should be left 
 free to operate, without having to contend against the 
 consolidated wealth and power of oppressive moneyed 
 
THE BOUNDARY DISPUTE WITH OHIO 137 
 
 monopolies. I respectfully suggest the importance of 
 confining your legislation on this subject to such cases 
 of enterprise originating for the public good as individ- 
 ual effort and capital would be inadequate to accom- 
 plish. ' ' 
 
 It was bills extending corporate privileges to partic- 
 ular companies that brought the only clash between the 
 Council and the Executive. All acts of incorporation 
 under the Territorial and early State period were special 
 in their character; corporations were not incorporated 
 under general laws until after the adoption of the Con- 
 stitution of 1850. Some of the Acts of incorporation 
 passed by the Territorial Council sought to grant to the 
 companies so incorporated exclusive privileges for long 
 terms of years. All of such acts were vetoed by the 
 Acting Governor, and he stated in a somewhat extended 
 message on the subject that he considered such Acts '*a 
 departure from the principles of republican govern- 
 ment. ' ' 
 
 As would be expected, the time of the Council was 
 largely occupied with the issues presented by the contro- 
 versy with Ohio and the formation of a State govern- 
 ment. On January 26, after extended discussion, the 
 Act to enable the people of Michigan to form a Constitu- 
 tion and State government became a law by receiving 
 the signature of the Executive. Michigan was thus pro- 
 ceeding to do, without the consent of Congress, that 
 which she had twice asked the consent of Congress that 
 she might do.- The act was preceded by a preamb|,e 
 which recited the historic facts upon which the Council 
 predicated its right to proceed. It provided for a Con- 
 vention of eighty-nine delegates to be elected from six- 
 
138 STEVENS T. MASON 
 
 teen districts. Wayne Comity, as the first district, led 
 with seventeen delegates, while sixty-three of the dele- 
 gates were from the counties of Wayne, Monroe, Lena- 
 wee, Washtenaw and Oakland and the counties attached 
 to the two last mentioned counties for judicial purposes. 
 The only qualifications required of a delegate were that 
 he should be a citizen of the United States and twenty- 
 one years of age. The right to vote at the election, which 
 was fixed for Saturday the fourth day of the following 
 April, was extended to all ' ' the free white male inhabi- 
 tants of said Territory, above the age of twenty-one 
 years, who shall reside therein three months immedi- 
 ately preceding" the date of the election. 
 
 The delegates were to meet in convention at the Cap- 
 itol in the city of Detroit on the second Monday of May 
 following, and the Territorial limits of the proposed 
 State for which they were to provide a Constitution was 
 declared to have its southern boundary at the ''east and 
 west line drawn through the southerly bend or extreme 
 of Lake Michigan" and its western boundary at a "line 
 drawTi from said southerly bend through the middle of 
 said lake to its northern extremity and thence due to 
 the northern boundary of the United States." These 
 Avere the original southern and western boundaries of 
 Michigan Territoy as constituted in 1805. 
 
 Ohio was now far from a disinterested observer of 
 what was transpiring in the Michigan Council. If the 
 ambitions of the people of Michigan were to be realized 
 and they were to achieve statehood without first obtain- 
 ing congressional permission, then the question of bound- 
 ary would become a question for the courts rather than 
 for Congress, and this Ohio did not desire. On February 
 
THE BOUNDARY DISPUTE WITH OHIO 139 
 
 6 when Governor Robert Lucas transmitted to the Ohio 
 Legislature the intelligence of the action of the Michigan 
 Council in jDassing an Act providing for the appointment 
 of commissioners to adjust the controversy, together 
 with his reasons for refusing to accept the offer, he at 
 the same time recommended to the Legislature the pass- 
 age of an Act declaring ''that all counties bordering on 
 the northern boundary of the State of Ohio shall extend 
 to and be bounded on the north by the line running from 
 the southern extreme of Lake Michigan to the most 
 northern cape of the Maumee Bay." On the 23rd of 
 February the Ohio Legislature passed an act in con- 
 formity with the Governor's recommendations, extend- 
 ing the northern boundaries of Wood, Henry and Wil- 
 liams counties, to ' the "Harris line "and created 
 the townships of Sylvania and Port Lawrence in the 
 disputed Territory. This Ohio was proceeding to 
 take that which for thirty years she had, by ask- 
 ing Congress to give it to her, admitted was the 
 territory of another. At the same time the Ohio Legis- 
 lature made provision for a commission to remark the 
 "Harris line," while it adopted resolutions declaring 
 among other things that "It ill becomes a million of free- 
 men to humbly petition, year after year, for what justly 
 belongs to them, and i& completely within their control. ' ' 
 But Michigan statesmen were equal to the occasion. 
 The news of Governor Lucas' recommendations to the 
 Ohio Legislature no sooner reached Detroit than a bill 
 was introduced in the Council which became a law on the 
 12th of February, making it unlawful for any person to 
 exercise official functions within the Territory or any 
 county therein as then organized, or to accept office within 
 
140' STEVENS T. MASON 
 
 the limits of the Territory other than from the authority 
 of the Territory of Michigan or the United States; the 
 penalty for the violation of this law was fixed at a fine 
 not exceeding one thousand dollars or by imprisonment 
 not exceeding five years. 
 
 Upon the passage of this law, the Territorial Council 
 took a recess until March 16 to await developments and 
 to allow a select committee time to formulate such legis- 
 lation as might be necessary to facilitate the change from 
 the Territorial to the State government. 
 
 In the interim, no man in Michigan was more active 
 than the young Acting Governor. He was in almost daily 
 conference with the officials of the Territory and in corre- 
 spondence with the President and those in high authority. 
 As early as February 28, General Joseph Brown, who 
 at the time was an officer under the authority of the 
 United States, was given a commission as Brigadier Gen- 
 eral of the Territorial militia and instructions as to 
 action to be taken, when he should learn of the passage 
 of the contemplated law on the part of Ohio, extending 
 her northern boundary. 
 
 Two days later, the news of such action being com- 
 municated. Acting Governor Mason, as Commander-in- 
 Chief, issued a circular to the brigade commanders, 
 ordering them to hold themselves in readiness to obey 
 the orders of Brigadier General Brown. Orders from 
 General Brown now followed in quick succession, and 
 the Territorial militia was soon in readiness for the fray. 
 As the Executive and Legislature of Ohio proceeded in 
 the prosecution of their plan, the young Acting Governor 
 of Michigan promptly forwarded notice of their acts, 
 with copies of proceedings to the President at Washing- 
 
THE BOUNDARY DISPUTE WITH OHIO 141 
 
 ton, and asked his counsel and instructions. But the 
 authorities at the Capitol were slow to act. Ohio now 
 had twenty-one electoral votes, Indiana and Illinois had 
 fourteen more, Michigan had none. This made it neces- 
 sary to approach the case with the utmost caution. 
 
 On March 21 Acting Governor Mason, having received 
 no reply to his numerous communications, dispatched 
 his aide, Colonel Norvell, as a special messenger to Wash- 
 ington to request of the President his interposition and 
 defense of the rights of the Territory. He was followed' 
 on the 25th by an extended memorial from the members 
 of the Council addressed to the President in person, 
 wherein they temperately reviewed the claims of Mich- 
 igan and the aggressions of Ohio and pledged themselves 
 to ''cheerfully submit" their rights to the ''decision of 
 the Supreme Court of the United States, and not only 
 endeavor not to procrastinate its action, but to use all 
 in their power to obtain the earliest decision," the 
 memorial closing with a personal appeal to the President, 
 that in style is strongly indicative of the fashioning hand 
 of the Acting Governor. "We are aware. Sir," it con- 
 cludes, "of all we ask and of the high responsibility it 
 involves. But we are aware also that we appeal to a 
 Chief Magistrate, who during a long life devoted to the 
 public service, has, by splendid examples of patriotism 
 and firmness, shown that he shrinks from no duty which 
 the Constitution and laws impose upon him; and satis- 
 fied we are that if our cause is right, and if our views 
 of Executive obligations are correct, you will not look 
 to the relative strength or weakness of the parties, but 
 to an impartial performance of the high functions com- 
 mitted to you." 
 
142 STEVENS T. MASON 
 
 On March 28 the Territorial Council adjourned, and 
 five days later Acting Governor Mason repaired to Mon- 
 roe to be near the scene of action. The Michigan parti- 
 sans at Toledo had petitioned the Territorial Council 
 and a law had been passed changing the place of holding 
 the township meeting from Port Lawrence or Toledo to 
 the ''school house on Ten Mile Creek Prairie." Here 
 the Michigan partisans met on the 1st of April and 
 elected Michigan officials, while the Ohio partisans which 
 were more numerous assembled at Port Lawrence and 
 elected officials to act under the laws of Ohio. Governor 
 Lucas and staff arrived at Perrysburg on the 2nd of 
 April. General John Bell in command of the Ohio militia 
 at once began active operations for the organization of 
 his force. A few companies had arrived from a distance 
 and volunteers were sought to make up the numerical 
 strength desired. For many years the citizens of Perrys- 
 burg recalled the stirring scenes of this military experi- 
 ence; and more prominent in memory than the forms 
 of generals in gold braid and tinsel Avas that of ''Big 
 Odle," a local character, of giant-like proportions, who, 
 arrayed in a rifleman's green cloth coat, homespun, and 
 bark-dyed trousers, each trimmed in black lace, marched 
 up and down the one long street of the village, vigor- 
 ously beating a drum which seemed a toy in contrast* 
 with his exceptional size ; while the purpose of his activ- 
 ity was told by a sign pinned to his tall narrow rimmed 
 white hat, which bore the ominous legend, "Recruiting 
 for war. ' ' 
 
 The Michigan authorities Avith less demonstrations but 
 with equal determination, were preparing to resist any 
 attempts on the part of Ohio to exercise jurisdiction 
 
THE BOUNDARY DISPUTE WITH OHIO 143 
 
 north of the Fulton line. General Brown had at first 
 called out a numerous force of the Territorial militia, 
 but Acting Governor Mason had urged the necessity of 
 first exhausting the powers of the civil authority before 
 calling upon the militia and so the greater part of the 
 force that had been called to Monroe was allowed to 
 return home. Mason was of the opinion that the posse 
 comitatus would answer the preliminary stages of the 
 contest, and he had hopes, as he wrote General Brown, 
 that a small force on the part of the Territory might 
 induce ' ' Old Governor Lucas ' ' to enter the disputed terri- 
 tory and exercise some official function that would sub- 
 ject him to prosecution under the law of February 12; 
 then the civil officers of Monroe County, with a sufficient 
 posse, could effect his arrest, — a coup that would cer- 
 tainly have given great pleasure to the people of Mich- 
 igan, even though it would have had no influence in 
 the settlement of the controversy. 
 
 Public interest in the contest was now at high pitch. 
 The press of the country was giving extended space to 
 the controversy, and the President was now seemingly 
 impressed by the gravity of the situation. Early in 
 March he had laid the matter before Benjamin F. Butler, 
 the Attorney General, for his opinion as to the power 
 and duties of the Executive to interfere therein. The 
 Attorney General, after a careful examination of the 
 question, had rendered an opinion which practically sus- 
 tained the position of the Territory of Michigan, and 
 denied the right of Ohio to exercise jurisdiction north 
 of the Fulton line until Congress, or some competent 
 tribunal, should extend the boundary to the line desired. 
 The opinion likewise, held that the act of the Territorial 
 
144 STEVENS T. MASON 
 
 Council, in penalizing the attempt to exercise a foreign 
 jurisdiction within the limits of the Territory, was within 
 the power of the Council, and had the binding force of 
 law until annulled by Act of Congress. ''In any prose- 
 cutions which may be instituted, there is danger that 
 forcible resistance may be made to the due execution of 
 process," proceeds the opinion. In that case, said the 
 Attorney General, ''contingencies may occur which 
 would demand the active interposition of the President." 
 To avert these contingencies, the Attorney General gave 
 direction to the thought that the President might have 
 recourse to persuasion and remonstrance with Ohio 
 "until some act shall be committed on their part, involv- 
 ing a practical violation of the Constitution or laws of 
 the United States," while it was pointed out that the 
 execution of the laws of the Territory of Michigan could 
 in a measure be controlled by superseding the official, 
 active for their enforcement, for one less zealous and 
 energetic. Such a suggestion was quite extrinsic of exec- 
 utive duties in the premises, and was what John Quincy 
 Adams styled the "perfume" of the thirty-five electoral 
 votes of Ohio, Indiana and Illinois. The President evi- 
 dently thought to try the powers of persuasion and 
 remonstrance as the first palliative, and to this end on 
 March 24 he named Richard Rush of Philadelphia and 
 Benjamin C. Howard of Baltimore, both gentlemen of 
 eminent abilities, as mediators between the contending 
 parties. Acting Governor Mason received prompt notice 
 of the action of the President as well as a copy of the 
 opinion of the Attorney General. On April 2 he wrote 
 Governor Lucas a respectful letter, assuring him that the 
 people of Michigan w^ould surrender no portion of their 
 
DR. OLIVER C. COMSTOCK 
 
 Baptist minister, Chaplain to Congress, Superintendent I'ulilic Instruction 
 Michigan 1843-1845, Member of State Legislature in 1849. 
 
 for 
 
JOHN J. ADAM 
 Member of first State Constitutional Convention. Member of the State Legis- 
 lature 1S39-41, and later held various State offices. 
 
u 
 
 feci 
 
 mS 
 
 - H 
 
 2?^ 
 
 O' 
 
THE BOUNDARY DISPUTE WITH OHIO 145 
 
 rightful jurisdiction and added ''I feel confident that you 
 must personally know the character of the people of 
 Michigan and will do them justice to believe that this 
 determination has not been made from passion or with- 
 out reflection." The letter likewise conveyed informa- 
 tion as to the appointment of mediators by the President, 
 and suggested that it was due to the country, to the Presi- 
 dent, and to the parties themselves, that all operations 
 should be suspended by Ohio until their arrival. This 
 message was delivered to Governor Lucas by Colonels 
 John Winder and Isaac S. Rowland, special messengers, 
 but the irascible Governor made no reply, other than to 
 verbally inform the messengers that Ohio would accept 
 no mediation, as her cpurse was determined and that 
 he had written the President the true statement of the 
 situation which he had no doubt would induce the United 
 States Government to desist from any interference in 
 the controversy. But the commisisoners were near at 
 hand; by traveling night and day they were enabled to 
 reach Toledo on the 3rd of April. In diplomatic fashion, 
 they at once set about the performance of their mission. 
 The results they achieved were anything but satisfactory. 
 They found Acting Governor Mason willing to give 
 assurance of peaceful conduct so long as the authorities 
 of Ohio kept out of the disputed territory; but when 
 they sought to persuade Governor Lucas to be satisfied 
 with such action as his State had already taken and to 
 leave the question to the final determination of Con- 
 gress, they were met with his firm refusal. He was 
 insistent that the "Harris line" should be re-marked as 
 the northern boundary of the State. 
 
 Reluctantly the commissioners returned to Acting Gov- 
 
146 STEVENS T. MASON 
 
 ernor Mason, to say what they had hoped not to be 
 obliged to say, that the President desired the non-enforce- 
 ment of the Territorial Act of February 12. The inti- 
 mation was couched in the most diplomatic language, 
 but it brought a most prompt and spirited answer from 
 the young Acting Governor, who characterized the propo- 
 sition of using the removing power to prevent the 
 enforcement of the law as an ''act of executive usurpa- 
 tion and tyranny which would place every department of 
 the government within the despotic control of a single 
 officer." Mason was a great admirer of the President, 
 and it was not without some effort that he took a position 
 in opposition to what he believed was his desire. On 
 April 18 he wrote General Cass saying: ''I owe much 
 to General Jackson, and it pains me to think I may be 
 adopting a course of policy contrary to his wishes" but 
 his letter made it plain that if the President deemed it 
 imprudent to carry out the views of Messrs. Rush and 
 Howard, it would be necessary for another to be 
 appointed to his place; in which event, said he, ''I mil 
 submit to my fate without a murmur, and indeed even be 
 satisfied with the result." It soon became evident that 
 as long as he remained Acting Governor, the law would 
 be rigorously enforced. Governor Lucas disbanded his 
 army, but the commissioners and surveyors made ready 
 to re-mark the Harris line; while the local officials, 
 elected under Ohio laws, qualified for the discharge of 
 their official functions. The authorities of Monroe 
 County were soon on the ground armed with warrants 
 and backed with a numerous posse, and such Ohio officials 
 as did not betake themselves to the south of the Fulton 
 line were promptly marched off to jail. The commission- 
 
THE BOUNDARY DISPUTE WITH OHIO 147 
 
 ers and surveyors were proceeding eastward from the 
 northwest corner of Ohio on the Harris line and were 
 allowed to get well mthin the County of Lenawee when 
 Under-Sheriff William McNair appeared upon the scene 
 accompanied with a posse approaching the size of a com- 
 pany of militia. Nine of the party were placed under 
 arrest and taken to Tecumseh to answer to the complaints 
 against them. The three commissioners and the surveyor 
 found safety in flight; and someone of the Michigan 
 party, to increase their speed, fired a gun above their 
 heads, which had every effect that could have been 
 desired. The arrival of this party at Perrysburg -with 
 a tale of hair-breadth escape was the cause of intense 
 excitement throughout Ohio. The President, upon the 
 complaint of Governor Lucas, called for a report of the 
 proceeding, Avhich in time was made by Under-Sheriff 
 McNair. He denied that he was accompanied by the mili- 
 tia, and concluded by saying, ''I am also happy to inform 
 your Excellency that the commissioners made good time 
 on foot through the cotton-wood swamp and arrived safe 
 at Perrysburg the next morning, with nothing more seri- 
 ous than the loss of hats, and their clothing, like Gover- 
 nor Morey's breeches, without the patch." 
 
 Of the parties arrested, two were discharged, six 
 admitted to bail and one. Colonel Fletcher, refusing to 
 give bail, was committed to the custody of the Sheriff, 
 it being claimed at the time that he acted under instruc- 
 tions of Governor Lucas so that it might be claimed to 
 the citizens of Ohio that their brethren were languishing 
 in the jails of Michigan. 
 
 The news of the arrest of the surveying party, supple- 
 mented in Ohio with all the details of a murderous attack. 
 
148 STEVENS T. MASON 
 
 even with the slow means of communication, soon spread 
 over the country, and in the communities most interested 
 the gTeatest of excitement prevailed. Messrs. Rush and 
 Howard sharing in the belief that civil war was immi- 
 nent, renewed their efforts for a pacific adjustment of 
 the difficulty that should preserve the public peace until 
 the assembling of Congress whep the matter could again 
 be submitted to its deliberation. 
 
 The terms proposed by the commissioners to Governor 
 Lucas were : 
 
 1. That the pending prosecutions under the Act of Feb- 
 
 ruary 12, 1835 should be discharged and discon- 
 tinued. 
 
 2. That no prosecutions should be commenced. 
 
 3. That Harris' line should be run and re-marked by the 
 
 authorities of Ohio without interruption from 
 those of Michigan. 
 
 4. That no forcible opposition be made by the authori- 
 
 ties of Ohio or Michigan to the exercise of juris- 
 diction by the other upon the disputed territory 
 within the time specified; the citizens residing 
 upon the territory in question resorting to one 
 jurisdiction or the other, as they might prefer. 
 
 As would be expected. Governor Lucas was willing to 
 accept this proposition. The first three propositions con- 
 ceded to Ohio all that she should claim, while the fourth 
 proposition granted to that State a concurrent jurisdic- 
 tion in the Territory, where, under existing conditions, 
 she was unable to support one. For the very reasons 
 that the proposals were acceptable to Governor Lucas 
 
THE BOUNDARY DISPUTE WITH OHIO 149 
 
 and the people of Ohio, they were highly unacceptable to 
 the people of Michigan and Acting Governor Mason, who 
 styled the terms "dishonorable and disreputable." He 
 was willing to withdraw all opposition to the re-marking 
 of the Harris line, and the Constitutional Convention 
 then in session on June 1 received from a committee of 
 which John Norvell was chairman, a resolution expres- 
 sive of that position and the famous '* Appeal from the 
 Convention to the People of the United States," elabo- 
 rately presenting the claims and arguments of the Terri- 
 tory upon the question of the southern boundary. 
 
 Governor Lucas now called a special session of the 
 Ohio Assembly which convened on the 18th of June. An 
 intimation from the President to the effect that he 
 ** might find it necessary to interfere with the power of 
 the United States, if Ohio persisted in running the line 
 with an armed escort" had rendered the old Governor 
 just a little uncertain of his ground, and to the Assembly 
 he sent the correspondence with special recommenda- 
 tions. The Assembly proceeded to create the county of 
 Lucas, including Toledo in its limits and made provisions 
 for the meeting of the Court of Common Pleas at that 
 place on the 7th of the following September and for the 
 election of county officers in October. It voted to 
 abide by the proposals of Messrs. Rush and Howard on 
 condition that the General Government would compel 
 Michigan to do the same ; but evidently distrusting Michi- 
 gan 's acquiescence in a scheme that required all the sac- 
 rifice to be made by her and giving all the benefits to 
 Ohio, it enacted a law against kidnappers, designed to 
 offset the Michigan law against the exercise of foreign 
 jurisdiction. It likewise appropriated $300,000, subject 
 
150 STEVENS T. MASON 
 
 to the discretion of the Governor, with which to main- 
 tain the supremacy of their laws in the disputed terri- 
 tory. The calling of this special session of the Assembly 
 did not tend to the quieting of the apprehension which 
 existed both at home and at Washington, and Governor 
 Lucas found it expedient to send commissioners to Wash- 
 ington to assert his own pacific intentions. Ohio soon 
 began to carry out the proposed concurrent jurisdiction ; 
 and Michigan began more rigorously to enforce the law 
 against the exercise of foreign jurisdiction. Major 
 Stickney was an ardent partisan of Ohio and as an officer 
 under the laws of that State, he was placed under arrest 
 and the story was long told of how refusing to walk, 
 he was placed astride a horse while a stalwart Wolverine 
 held on to either leg, tiring of which they finally tied 
 his legs beneath the horse's body and thus brought him 
 a captive to Monroe. About the same time the attempted 
 arrest of Two Stickney a son of Major Stickney, resulted 
 in his stabbing the Deputy Sheriff, Joseph Wood. Two 
 fled to Ohio, and when indicted by the grand jury of 
 Monroe, Governor Lucas refused to deliver him on requi- 
 sition, as he claimed that the offense was committed 
 within the territorial limits of Ohio. 
 
 This affair was the occasion of renewed excitement, 
 and on the 18th of July the Sheriff of Monroe with a 
 posse of two hundred and fifty armed men proceeded to 
 Toledo and placed eight officials under arrest; while 
 others made haste for Perrysburg, where Ohio 's jurisdic- 
 tion was -more efficiently maintained, if not so vehem- 
 ently proclaimed as at Toledo. Letters from the Secre- 
 tary of State at Washington now persuaded Acting Gov- 
 ernor iVfason to convene the Territorial Council and lav 
 
THE BOUNDARY DISPUTE WITH OHIO 151 
 
 the proposals of Messrs, Rush and Howard before that 
 body. It assembled on August 17 and as promptly 
 rejected the proposals as had the Acting Governor. The 
 people were now looking forward to the approaching 7th 
 of September when the Ohio Court of Common Pleas 
 was to convene for its first session in the newly formed 
 county of Lucas. Eumors of military preparations on 
 the part of Ohio to sustain the Court were soon rife at 
 Detroit and only aroused the people to a more firm deter- 
 mination to uphold their own jurisdiction and to prevent 
 what to them was the insolence of power. 
 
CHAPTER IX 
 
 The Constitution of 1835 
 
 ■p OLLOWING the death of Governor Porter, the posi- 
 -»• tion of Governor was never filled. Henry D. Gilpin 
 of Pennsylvania was nominated by the President for the 
 place; but there w^as at the time a breach between the 
 President and the Senate growing out of the removal of 
 the public deposits from the United States Bank, and as 
 Mr. Gilpin at the time of that difficulty was United States 
 Attorney of Pennsylvania, some of his acts in connection 
 with the matter made him obnoxious to the Senate and 
 his nomination was rejected. There were many poli- 
 ticians ambitious for the appointment, and perhaps their 
 very number was a factor in no one's being appointed 
 and young Mason 's being left as the executive head of the 
 Territory. 
 
 During the winter of 1834-5 General John T. Mason 
 had been in Washington in frequent conference Avith the 
 President and other gentlemen connected with the admin- 
 istration. In early March he was in Cincinnati ready to 
 take the first boat that would bear him to New Orleans 
 on another journey to distant Mexico. With him this 
 time was the wife and mother whose failing health had 
 made it expedient that she seek new scenes and a change 
 of climate. While the father was yet at Cincinnati, the 
 son wrote him frequently for advice and counsel in the 
 boundary controversy, both as to the legal principles 
 involved and the policy to be pursued. The father 
 
THE CONSTITUTION OF 1835 153 
 
 answered in letters filled with helpful suggestions always 
 counseling moderation in the means to be employed and 
 firmness in the manner of execution. At this time the 
 Territorial governorship was still undecided and among 
 those who were being urged upon the attention of the 
 President from the Territory w^ere Colonel Mack, at that 
 time Marshal of the Territory, and young Mason. The 
 father in writing of the subject made use of observations 
 that find application to many a case in this day as well 
 as to the particular case to which they were addressed, 
 ''I must repeat," wrote the father, "the maxim 'Save 
 me from my friends, I can take care of my enemies.' 
 Your friends from various motives, and some very inter- 
 ested, urged you upon the President, and placed him in 
 a very embarrassing attitude. He was doubtful of the 
 propriety of nominating you on account of your age, and 
 from apprehension of the Senate seizing hold of that 
 pretext to reject you, which in my opinion they would 
 have done in order to mortify the President, knowing 
 his partiality and fondness for you." The father 
 adverted at length to the advantages of his position as 
 Secretary from which he could step into any position in 
 the coming State government without feeling that he had 
 been superseded by another. He also emphasized the 
 desirability of professional success and the danger of 
 losing sight of that attainment in the love of political 
 preferment, and put in succinct form an observation that 
 unhappily has been common in all history : 
 
 "Politics," said he, "are very fascinating, but alto- 
 gether delusive; and I think a poor broken down poli- 
 tician the most miserable of society. Even one honorably 
 retiring is soon forgotten, and he sickens from neglect. 
 
154 STEVENS T. MASON 
 
 I have seen so much of this unprofitable life that I look 
 upon your course as full of hazards and disappointments, 
 as that of every politician must be. But take care not 
 to progress too rapidly and be not ambitious of promo- 
 tion. When it comes regularly and unsought for, it has 
 some stability and secures a foundation to build on." 
 
 ''You stand infinitely higher as Secretary and Acting 
 Governor," he concluded, ''than if you were Governor 
 because less is expected from you." 
 
 The sister, Emily Virginia, a belle of twenty years, 
 was now the mistress of the house, entertaining the 
 brother's guests and doing the honors of the home. Not 
 a little of the brother's growing popularity in these days 
 could be traced to the graces and accomplishments of this 
 talented sister. She had just returned from a season at 
 Washington, where she had found delight in the debates 
 participated in by Webster, Clay, Calhoun and the o-ther 
 congressional celebrities of that day; and where to use 
 her own language, "I came to know the lovely Madame 
 Servier of the French Legation, Sir Charles Vaughan 
 and Mr. Pakingham of the English Embassy and Mr. 
 Calderon de la Barca, whose charming wife I found again 
 in Paris and Madrid after many years." 
 
 No brother ever had a sister more loyal to his ambi- 
 tions than did Tom Mason. She entered into the ques- 
 tions of politics with an interest that was almost per- 
 sonal, and many a document of his compiling gained 
 in perspicuity from her criticism and suggestion, for she 
 says, "I was always saying to Thomson, 'Use fewer 
 words.' " 
 
 At the conclusion of tlie cholera outbreak of the year 
 
THE CONSTITUTION OF 1835 155 
 
 previous, the good Father Kundig was persuaded by the 
 Wayne County Board of Supervisors to remove the poor 
 creatures that fortune had left under his charge, to the 
 Wayne County Poorhouse, which was then approaching 
 completion two miles out on the Gratiot road, and to 
 likewise become the Superintendent of that institution, 
 the first of its kind in the Territory. Under the foster- 
 ing care of this kindhearted and esthetic priest, this 
 abode of misery was transformed into a place of many 
 charms. ''We made it our frequent drive," wrote the 
 sister Emih', ''to take clothing and dainties to his sick 
 poor, and obliged our beaux to buy the bouquets intended 
 for us from his garden." 
 
 Political activities within the Territory had heretofore 
 been largely individual in character; the most potent 
 single influence being centered in the person of Hon. 
 Lewis Cass whose sagacity, broad tolerance and strong 
 personality had done much to win favor for the princi- 
 ples of the Democratic-Republican party; but as yet no 
 strong central organization had arisen to give unity of 
 effort in support of the principles of either party. How- 
 ever, the growth of population and the prospect of 
 enlarged political responsibilities were now making such 
 organizations both desirable and inevitable. Most of 
 the offices of the Territory were filled with Democratic- 
 ReiJublicans, and they quite naturally took the initiative 
 in the formation of an organization that would be in touch 
 with the most distant parts of the Territory. A prelim- 
 inary gathering at Detroit was followed by the first Terri- 
 torial Convention, which assc-mbled on the 29th and was 
 continued to the 30th of Januarv, 1835. At this Conven- 
 
I.jG STEVENS T. MASON 
 
 tion Democrats paid eloquent tribute "to the rights of 
 freemen," selected the machinery of a central organiza- 
 tion, and put it in motion. 
 
 The Whigs were prompt in following the example of 
 their adversaries. They soon had a series of county 
 meetings called at which later delegates were chosen 
 and the Democrats roundly denounced for doing what 
 the Whigs were themselves about to do, namely, hold a 
 Territorial Convention and perfect a central organiza- 
 tion. The Whig Territorial Convention w^as held on the 
 4th and 5th of March following, at which time after 
 effecting their own organization they proceeded after the 
 custom of the time to speak their mind through a series 
 of resolutions, among which the following is not without 
 interest : 
 
 "Resolved, That we have witnessed with regret the 
 premature and unnecessary introduction into this Terri- 
 tory, by the officers and stipendiaries of the General 
 Government, of a system of party organization in per- 
 fect subserviency to the plain of executive control in 
 advance, of our becoming a State, with no other object 
 that we can perceive, than to secure the selfish nomina- 
 tion of political managers and to entail upon the future 
 State of Michigan the perpetual control of party disci- 
 pline and party leaders." 
 
 The political forces were thus marshaled for the April 
 election Avhen delegates to the Constitutional Convention 
 were to be chosen. The Whig press from the first had 
 taken the position that the calling of the Convention was 
 wholly without w^arrant of legal authority and conse- 
 quently the Whigs entered the contest with the handicap 
 of a lack of enthusiasm added to a normal majority 
 
THE CONSTITUTION OF 1835 157 
 
 against them. The Democrats on the other hand were 
 enthusiastic for the convention program and succeeded 
 in electing a large majority of the delegates. On the 11th 
 of May the Convention assembled at the Capitol, the 
 largest representative bodj^ that had ever assembled in 
 the history of the Territory. The personnel of the Con- 
 vention was of a high order. Among the names of the 
 delegates are seen those of many men who became well 
 known in State and Nation, among them Edward Mundy, 
 Randolph Manning, John S. Barry, John Norvell, John 
 R. Williams, William Woodbridge, John Biddle, Robert 
 McClelland, Ross Wilkins, Isaac E. Crary, and Lucius 
 Lyon, while the names of two score more of those who 
 achieved lesser fame could be given whose abilities were 
 in no measure second to their most distinguished col- 
 leagues. Although the Democrats, as has been said, 
 strongly predominated in its membership, the Conven- 
 tion, organized by selecting John Biddle, a Whig in poli- 
 tics, as its president, and Charles W. Whipple and Mar- 
 shall J. Bacon were chosen as secretaries. On the 13th, 
 on motion of Edward D. Ellis of Monroe, the president 
 appointed a committee of nineteen to prepare the draft 
 of a Constitution. When this committee convened, it 
 was beset with the same difficulty that had confronted 
 the full Convention; and so it was that Ellis, the chair- 
 man, Townsend E. Gidley, and two or three others, 
 secretly met and prepared the draft of a Constitution 
 which was accepted by the whole commitee and presented 
 to the Convention on the 19th. That body in the mean- 
 time, having formally organized, selected its various 
 committees and spent considerable time in discussing the 
 advisability of opening the daily session with prayer, a 
 
158 STEVENS T. MASON 
 
 proposition that was at once defeated by a vote of 43 to 
 42, but ultimately was adopted by a vote of 45 to 37. 
 The work of the Convention from day to day was ani- 
 mated and earnest, but the journal discloses that the Con- 
 vention was not without members who had evolved ideas 
 both quaint and curious, which they desired to incorpo- 
 rate in the Constitution of their State, such as prohibit- 
 ing all ministers of the gospel from holding office ; pro- 
 hibiting the collection of debts by process of law; making 
 all debts, debts of honor, etc. William Woodbridge was 
 at the same time the most active of what might be termed 
 the opposition members of the Convention. Isaac Crary 
 of Marshall was chairman of the committee on education, 
 and from his hand came the draft of the constitutional 
 provisions which were the basis of the excellent school 
 system of the State. 
 
 The cherished provision of Acting Governor Mason, 
 abolishing imprisonment for debt, was lost by a vote of 
 43 to 37, while a provision offered by Woodbridge, evi- 
 dently with more intent to forestall the ambitions of 
 young Mason than to accomplish any general good, to 
 the effect that no man should be eligible to the office of 
 Governor who had not reached the age of thirty years, 
 was defeated by a vote of 59 to 19. 
 
 The question of most bitter contest in the Convention 
 involved the proposition of the elective franchise. Michi- 
 gan had but recently become the home of many people 
 of foreign birth who had not yet become citizens of the 
 United States. Such immigrants were almost wholly 
 from England, Ireland and Scotland. They had been 
 allowed to vote for members of the Convention, which 
 was considered no innovation, as the Ordinance of 1787 
 
THE CONSTITUTION OF 1835 159 
 
 had not required voters to be citizens. There were many 
 who believed that they should be given the right of fran- 
 chise in the new government, as they had enjoyed it in the 
 old; but there was perhaps a stronger reason for the 
 contest than any other question of principle. The British 
 immigrant was inclined to the principles of the Demo- 
 cratic or Republican party as opposed to those of the 
 Whig party, and therefore his cause was championed by 
 the one and opposed by the other. The original draft 
 of the Constitution had contained restrictive provisions 
 on the right of franchise and numerous amendments had 
 already been proposed, when mth the purpose of recon- 
 ciling divergent views a secret meeting was called for 
 the evening of May 26 at the home of John Norvell. 
 At the time appointed John Norvell, Issac Crary, Ross 
 Wilkins, John McDonnell and John J. Adam attended as 
 did also Acting Governor Mason, who Avas far from a 
 disinterested observer of the proceedings of the Conven- 
 tion, and who attended by invitation of the other gentle- 
 men to give his views on the question in controversy. 
 After extended discussion, it was Mason who suggested 
 the proposition in the form in which it Avent into the 
 Constitution, that is, giving the rights of an elector ''to 
 every white male citizen above the ages of twenty-one 
 years, having resided in the State six months next pre- 
 ceding any election" and ''to every Avhite male inhabi- 
 tant of the age aforesaid who may be a resident of this 
 State at the time of the signing of this Constitution." 
 These suggestions were finally accepted and it was 
 agreed that both Norvell and Wilkins should withdraw 
 amendments which they had pending and that all should 
 stand for the amendment embodied in Mason's sugges- 
 
160 STEVENS T. MASON 
 
 tions which was accordingly done. This action awoke 
 the vigorous opposition of the Whig press, and William 
 Woodbridge. Michael Dousman, Bela Chapman and 
 Townsend E. Gidley on June 4 had their solemn protest 
 against the provision entered in the journal of the Con- 
 vention. 
 
 At about this time the Secretary of War, Lewis Cass, 
 was the guest of his old home, and on June 2 presented 
 to the forthcoming State through its Convention a seal 
 which he had had engraved for the purpose. The pic- 
 torial design was undoubtedly suggested by the design of 
 the seal of the old Northwest Fur Company, while the 
 inscription, "Si Quaeris Peninsulam Amoenam Circum- 
 spice" (If you would see a beautiful peninsula look 
 around you) was unquestionably suggested by the con- 
 cluding words of the inscription in St. Paul's Cathedral, 
 to the memory of Sir Christopher Wren, its great 
 designer and builder, "Lector, si monumentum quaeris, 
 circumspice" (Reader, if thou seekest his monument, 
 look around). 
 
 Perhaps quite as important in the estimate of the Con- 
 vention at the time as the shaping of the Constitution 
 itself was the preparation and adoption of a report of a 
 committee of which John Norvell w^as chairman which 
 was given the title of "The Appeal by the Convention 
 of Michigan to the people of the Uilited States." It 
 was a document of 176 pages designed to give the Presi- 
 dent and Congress full information of the issue involved 
 in the boundary controversy and to likewise serve as an 
 appeal to the moral sense of the nation. 
 
 The Convention adjourned without day June 24, hav- 
 ing been in session thirty-eight days. The law creating 
 
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 FIRST PAGE OF THE MICHIGAN STATE ("ONSTITITIOX OF lS:;o AFTEK 
 
 RESTORATION. 
 
THE RESTORED ORIG.NAL COl'V OF THE MICHIGAN STATE CONSTITU- 
 TION OF ISaS, IN THE OFFICE OF THE SECRETARY OF 
 STATE. LANSING. 
 

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 From a paiiitiiiji in Detroit Art Miiscum 
 
 r(t.M .MASON" IX tup; 
 
THE CONSTITUTION OF 1835 161 
 
 the Convention had left the question of compensation 
 to the discretion of the Convention, and the members 
 modestly voted themselves three dollars per day and 
 three dollars for each twenty miles traveled by each mem- 
 ber in coming to and returning from the seat of govern- 
 ment. The completion of the Convention's work was sig- 
 nalized at the capital by the boom of cannon and by a 
 display of fireworks in the evening; but evidently all 
 were not pleased, for the leading Whig journal of the 
 Territory said editorially, ''If such a Constitution so 
 manifestly repugnant to the safety of the Union and to 
 the spirit of our National compact shall receive the sanc- 
 tion of Congress, then may our country with all her glori- 
 ous institutions be soon numbered with those unhappy 
 Kepublics ' whose glory has departed. ' ' ' 
 
 Aside from the fact that the Constitution gave the 
 right of voting to all free adult white male inhabitants 
 who were residents of Michigan, as heretofore stated, 
 the instrument contained no peculiar political features. 
 It contained the usual bill of rights; legislative power 
 was vested in a Senate and House of Representatives, 
 the latter to contain never more than one hundred nor 
 less than forty-eight members and the former in number 
 always to be composed as near as might be of one- 
 third the membership of the House. Executive power 
 was vested in the Governor, or Governor and Senate, 
 with a veto power in the former over the acts of the 
 Legislature. The judiciary was to consist of one 
 Supreme Court and such other courts as the Legislature 
 might from time to time establish; except that express 
 provision was made for probate courts and justices of 
 the peace. The Governor and Lieutenant Governor were 
 
162 STEVENS T. MASON 
 
 each elected for terms of two years. State officers were 
 made appointive by the Governor to be confirmed by 
 the Senate except the State Treasurer who was to be 
 selected by the two houses in joint session, while the 
 Superintendent of Public Instruction was to be chosen 
 by the two houses in joint session on the nomination of 
 the Governor. County and township officers, both judi- 
 cial and ministerial, were made elective. 
 
 State officers were subject to impeachment for criminal 
 and corrupt conduct; and in case of judicial officers where 
 the misconduct was not such as to support impeachment, 
 they were to be removed by the Governor upon the 
 address of two-thirds of each branch of the Legislature. 
 
 Slavery and involuntary servitude were forbidden, 
 except as punishment for crime, of which the party had 
 been duly convicted. Acts of incorporation required the 
 assent of at least two-thirds of each house of the Legisla- 
 ture. Lotteries were forbidden, as was the granting of 
 divorce by the Legislature. The prevailing opinion on 
 the subject internal improvements was emphasized by a 
 provision enjoining it as a duty on the Legislature ''as 
 soon as may be, to make provision by law for ascertain- 
 ing the proper objects of improvement in relation to 
 roads, canals, and navigable waters. ' ' 
 
 Judge James V. Campbell, whose name will ever stand 
 ^\e\\ towards the top among the names of Michigan jur- 
 ists, has paid the Constitution of 1835 the highest compli- 
 ment by saying that it 'Svas very simple and very much 
 better adapted to the changing necessities of a gro\ving 
 State than the present one. While it restrained such 
 abuses as it thought would be dangerous, it left the 
 Legislature broad discretion. All who have had much to 
 
THE CONSTITUTION OF 1835 163 
 
 do with studying" and construing the two instruments, 
 have discovered that, wliilo a few restrictions concerning 
 finances and internal improvements have been found 
 beneficial an necessary, the bulk of the special legislation 
 contained in the Constitution of 1850 has been a hind- 
 drance, and not an advantage." 
 
 By the schedule of the Constitution, the instrument was 
 to be submitted for ratification or rejection of the people 
 on the first Monday of October next ensuing and on the 
 succeeding day, at which time there was to be elected a 
 Governor, Lieutenant Governor, members of the State 
 Legislature arid a representative in the Congress of the 
 United States. The Legislature was to meet on the first 
 of November following, and the Governor and Lieutenant 
 Governor were to hold their respective offices until Janu- 
 ary 1, 1838. 
 
 Politics had as yet caused no division in public senti- 
 ment in the Territory on the boundary question. Parti- 
 sans of all shades of political belief had found common 
 ground in the issue presented by the controversy; but 
 the Whig press, while supporting the main proposition, 
 was grudging in its commendation of the men and means 
 by which it was forwarded. When the Acting Governor 
 sent his message to the special session of the Council 
 on the 17th of August, one of the leading Whig papers 
 paid it the compliment of being ' ' on the whole a very tol- 
 erable production," and then proceeded to intimate that 
 because of its excellence it must have been the produc- 
 tion of another than the Executive. The Constitutional 
 Convention and the Constitution produced were likewise 
 either actively opposed or ''damned by faint praise" by 
 the press of the opposition, although an overwhelming 
 
164 STEVENS T. MASON 
 
 sentiment for statehood compelled support of the main 
 issue. 
 
 Stevens T. Mason was now the popular idol of the 
 Territory, and it was anything but gratifying to those 
 who had ridiculed, slandered and maligned him to see 
 that his popularity was based upon a continuing course 
 of prudent official conduct, and that circumstances were 
 now conspiring to place him at the head of the affairs 
 of the forthcoming State. 
 
 The situation in Michigan was not without embarrass- 
 ing features for the President and his administration. 
 The proposed State had every lawful and Constitutional 
 claim for admission. Her population, already much more 
 than sufficient, was daily growing from an almost con- 
 tinuous stream of homeseekers from the East. The most 
 prominent lawyers in Congress had already declared 
 the subject of the southern boundary to be a question for 
 the courts rather than for Congress. The Attorney Gen- 
 eral had given it as his opinion that the Territorial Exec- 
 utive was within his rights and consequently within his 
 duty in the enforcement of laws of the Territory, among 
 which was the law forbidding the exercise of foreign 
 jurisdiction. But the assertion of these claimed rights 
 by Michigan in all their detail meant the humiliation 
 of Ohio, with a precedent to be used against the States 
 of Indiana and Illinois. Expediency therefore dictated 
 that the matter be adjusted by Congress, and until that 
 should be done, Michigan should be the one to yield. To 
 this end the administration was desirous that in some 
 manner the Territorial law against foreign jurisdiction 
 should be nullified. Mason had made it clear that he 
 would use neither his power to remove officials nor a 
 
THE CONSTITUTION OF 1835 165 
 
 sweeping pardoning power to consummate that end, and 
 so the repeal of the law was next attempted. Although 
 Governor Lucas later charged that the Secretary of War, 
 Lewis Cass, had used his position and influence against 
 the interests of Ohio, nothing could have been farther 
 from the truth. As early as the 9th of May, Secretary 
 Cass wrote Acting Governor .Mason a letter which he 
 said had ''been seen and approved by the President," 
 in which while he styled the proceedings instituted by 
 Ohio to obtain forcible possession of what he believed 
 to be part of Michigan as "among the most unjustifiable 
 executive and legislative acts which have taken place in 
 our country during my time," he yet advised but the 
 mildest opposition on the part of Michigan, and closed 
 with the admonition that Mason, as Chief Executive of 
 the Territory would ''temper the firmness of the com- 
 munity with a due share of moderation." On the 18th 
 he suggested the propriety of having the Constitutional 
 Convention repeal or suspend the Act of February 12, 
 and cited precedents to support the propositions of its 
 power in the premises. The Convention having 
 adjourned without taking the desired action, the propo- 
 sition was later urged by General Cass as the proper 
 action to to be taken by the Council at its special session. 
 In this communication which w^as of the 18th of August, 
 the intimation was conveyed to Acting Governor Mason 
 that while "the President feels as friendly as a father to 
 you, I judge he thinks himself committed to supersede 
 you, if the Act of February is enforced. ' ' 
 
 But the sentiment of the people was beyond the control 
 of any one man and Stevens T. Mason was too wise to 
 
IGG STEVENS T. MASON 
 
 attempt that control to suit the expediency of the national 
 administration; much less was he to be influenced by 
 intimations of his removal from official station. The 
 action of Acting Governor Mason and the authorities of 
 the Territory had been and continued to be in keeping 
 with the principles of men of spirit. In the language of 
 the illustrious Campbell, they had done ''no more than 
 every civilized government is bound to do, when her 
 peaceable possession under the law of the land is sud- 
 denly invaded. ' ' When Acting Governor Mason advised 
 the Secretary of State that he had convened the Terri- 
 torial Council for the 17th of August, he closed with a 
 sentiment worthy to be the guiding principle of every 
 man in official position. "While I will endeavor to dis- 
 charge my duty faithfully as a public officer of the Gen- 
 eral Government," said he, "I feel that I am not to forget 
 that I have the rights of a high minded and patriotic 
 people committed to my hands. Those rights are not to 
 be hazarded until the people themselves cease to value 
 them. ' ' 
 
 On the 20th of August, while the Council was yet in 
 session, a Convention of the Democratic-Republican 
 party assembled in the village of Ann Arbor to nominate 
 State officers and a member of Congress under the pro- 
 posed Constitution. The Convention was large and rep- 
 resentative, the citizens of the Territory of the dominant 
 party assembled with enthusiasm to exercise what they 
 considered to be their new-born political rights. The 
 result of the deliberations of the Convention was the 
 nomination of Stevens T. Mason for Governor, Edward 
 Mundv of Ann Arbor for Ijieutenant Governor and Isaac 
 
THE CONSTITUTION OF 1835 167 
 
 Crary of Marshall for member of Congress. Four days 
 later a committee of the Convention delivered to the 
 gubernatorial nominee the following notification: 
 
 ''Detroit, August 24th, 1835 
 "Sir: 
 
 "At a convention of the Democratic-Republicans of 
 Michigan, assembled at the village of Ann Arbor on the 
 twentieth instant, for the purpose of nominating a Gov- 
 ernor, Lieutenant Governor and member of Congress, 
 you received the vote of that body, as the candidate of 
 the Democratic party for the office of Governor; and 
 the undersigned have been appointed a committee to 
 advise you of the nomination and to request your accept- 
 tance of the same. 
 
 "In discharging the duty reposed on us by the Con- 
 vention, we avail ourselves of the occasion to assure you 
 that the utmost of harmony and unanimity prevailed; 
 the undivided vote of the Convention having been 
 expressed in favor of your nomination. 
 
 "It may not be regarded as exceeding the power with 
 which we are clothed for us to express to you the great 
 satisfaction we derive in being able to state that your 
 official conduct generally, and especially the wisdom, 
 energy and prudence displayed by you in resisting the 
 efforts of a powerful State to strip Michigan of a portion 
 of her soil, has met with the unqualified approval of the 
 members of the Convention and of those whom they 
 represent. 
 
 "The undersigned are happy in being made the 
 medium of communicating to you, Sir, this expression 
 
168 STEVENS T. MASON 
 
 of the confidence of your fellow citizens, and indulge 
 the hope that you will accept the proffered nomination. 
 ''We have the honor to be 
 ''Sir 
 
 ' ' Very Eespectf uUy 
 "Your Ob. Servants 
 
 "CHARLES W. WHIPPLE 
 "O.K. QUEEN 
 "E.N. BRIDGES 
 "J. S. HEATH 
 "E. P. GARDNER 
 "E. CONVIS 
 "G.P.BUCKLEY 
 "O.D.RICHARDSON 
 "Hon. 
 "Stevens T. Mason" 
 
 On August 28 Governor Mason addressed to the com- 
 mittee a brief and simple letter of acceptance. Adverting 
 to the fact of his having been elevated to a position of 
 public responsibility in early life, he said, "I should 
 have shrunk from the undertaking had I not been sus- 
 tained by the hope, that by a determined adherence to 
 the interests of the public whenever committed to my 
 charge, I should in time remove all preconceived preju- 
 dices and ultimately obtain the confidence of my fellow 
 citizens. To accomplish this, has been the highest object 
 of my ambition. Your letter assures me I have done so, 
 and it affords me the richest reward I could have 
 desired." 
 
 The letter closes with the simple statement that, "If 
 elected to the responsible office to which I have been 
 
THE CONSTITUTION OF 1835 169 
 
 nominated, all I dare promise is, that I will endeavor 
 to discharge its duties mth fidelity to the public. But 
 whatever may be the fate of my nomination, I shall ever 
 remember with feelings of gratitude the obligations I 
 owe to the Eepublican party of the Territory of Mich- 
 igan. ' ' 
 
 The Ohio Act creating the county of Lucas had fixed 
 September 7 as the date for holding the Court of Com- 
 mon Pleas at Toledo and the date was now near at hand. 
 There was grim determination in Michigan that Ohio 
 should neither hold the court or exercise any other act 
 of jurisdiction mthin the contested territory. These 
 facts were reviewed with not a little apprehension at 
 Washington, especially when it was learned at the Cap- 
 itol that the Council had refused to suspend the act of 
 February 12 or to accede to the compromise proposed 
 by Messrs. Rush and Howard. The President was now 
 forced to show a strong hand to Ohio or to weaken the 
 resistance of Michigan, and he chose to weaken Mich- 
 igan. A Governor would have been appointed long before 
 but for the fact that the office could not be filled by a 
 recess appointment. There was no course left but to 
 supersede the Acting Governor, and this was done on 
 the 29th by the appointment of Mr. Charles Shaler of 
 Pittsburg, Pennsylvania as Secretary of the Territory. 
 On the same date a letter was addressed to Acting Gov- 
 ernor Mason by Hon. John Forsyth, Secretary of State, 
 apprising him of his removal and informing him that the 
 President had been '' brought with regret to the conclu- 
 sion that your zeal for what you deem the rights of 
 Michigan has overcome that spirit of moderation and 
 forbearance which in the present irritated state of feel- 
 
170 STEVENS T. MASON 
 
 ing prevailing in Ohio and Michigan is necessary to the 
 preservation of the public peace." 
 
 General Cass at the same time hurried forward a letter 
 to Mason in which he sought to make the removal accep- 
 table, if not pleasurable, assuring him that he liad taken 
 the pains to see that the matter was set right in The 
 Globe, which at that time was the recognized organ of 
 the administration. 
 
 But Michigan and her young "Hotsi^ur Governor," as 
 Jackson is said to have referred to Mason, were already 
 moving the militia towards Toledo with the serious pur- 
 pose of putting their previously expressed declarations 
 into active execution. 
 
 The interval of years that separate us from the days 
 of 1835 gives a touch of humor to the last ''campaign" 
 of the Toledo war that it did not have at the time when 
 the actors were thoroughly in earnest. The Ohio militia 
 was expected to arrive at Perrysburg on the evening of 
 Saturda}^, the 5th of September, prepared to give support 
 to the Ohio authorities in organizing and holding the 
 court on the following Monday. Pursuant to the orders 
 of Brigadier-General Joseph Brown, the Michigan troops 
 were preparing to oppose it, Governor Mason was at 
 Monroe upon the third and there is an element of firm- 
 ness in his letter to his aide. Colonel Isaac S. Rowland, 
 of that date, in which he says : "Have all the ammunition 
 forwarded by tomorrow's boat. Do not forget the six 
 pounder. We have balls here." By Sunday, the 6th, 
 about one thousand officers and men were quartered in 
 and about Toledo, ready and anxious for the fray. On 
 the south side of the ]\Iaumee were stationed the invad- 
 ing forces less in number and not at all anxious to invade. 
 
THE CONSTITUTION OF 1835 171 
 
 Neither officers nor men were anxious to force a contest 
 that had every aspect of seriousness, and so the Ohio 
 authorities resolved to be satisfied mth the form of juris- 
 diction in view of the difficulties of obtaining the su- 
 stance. As the hour of midnight approached, a small 
 body of horsemen rode out from Perrysburg towards 
 Toledo. It was the judge and the officers of the proposed 
 court with their escort. In the quiet of the night they 
 stealthily entered the sleeping village and before the hour 
 of three o'clock the court had been organized and 
 adjourned and the clerk had written the meager record 
 by the fitful glare of a tallow dip. To celebrate their 
 achievement they repaired to a friendly tavern and were 
 about to drink a bumper to the occasion, when a wag 
 rushed in and broke the startling intelligence that the 
 Michigan troops were apprised of their presence and 
 were then close at hand. It is said that the company 
 made a mad rush for their horses and rode away with a 
 precipitancy that indicated that speed was more to be 
 desired than either valor or judicial dignity. For some 
 four days the Michigan "boys" camped on the plains 
 about Toledo quite unconscious of the fact that the court 
 they sought had come and gone. In the meantime, Mr. 
 Shaler of Pittsburg declined the appointment to the sec- 
 retaryship. He evidently found little to attract him in 
 an office whose tenure would terminate in a few months 
 at the longest, and in which he would be expected, to 
 perfom a service at once disagreeable to himself and 
 odious to the people among whom he would be required 
 to live. It was not until the 8th of September that the 
 President was able to confer the office upon a gentleman 
 willing to serve in a position so ill rewarded with profit 
 
172 STEVENS T. MASON 
 
 and honors. On this date the appointment was given 
 to Mr. John Scott Horner of Warrenton, Virginia, who 
 at once started for the city of Detroit taking with him 
 the letters of the Government of the 29th of August to 
 Governor Mason apprising him of his dismissal from 
 office. 
 
 Governor Mason and the Michigan militia were still 
 at Toledo when the letter of General Cass bearing con- 
 dolence to the Governor arrived at Detroit ahead of the 
 notice of dismissal from the Government. A swift 
 courier hurried forw^ard with the message and delivered 
 it into the Governor's hand as the troops are said to 
 have been going through the evolution of a dress parade. 
 Calling an orderly, the Governor gave the bridle rein 
 into his hand and in a few words announced to the troops 
 that he was no longer the Commander-in-Chief. General 
 Brown at once issued orders for the disbanding of the 
 troops. The war was over even if peace had not been 
 declared. To the infinite relief of the citizens of Toledo, 
 especially to such as were the violent partisans of Ohio, 
 the troops took their departure. The Governor and his 
 staff, with many of the troops from the counties of 
 Wayne and Oakland, took passage by the steamer Brady 
 for Detroit. It was the 10th of September, the anni- 
 versary of the battle of Lake Erie, which was celebrated 
 by many a speech, and many a toast drank within the 
 cabin where small companies of privates sang by relays 
 during the journey. 
 
 Although there was serious purpose back of the expedi- 
 tion to Toledo and had a force attempted to take forcible 
 possession of the territory there would undoubtedly have 
 been scenes of blood shed and disaster, and although the 
 
THE CONSTITUTION OF 1835 173 
 
 people abated none of their resistance to the claims of 
 Ohio, they soon caught the humor of the situation. Songs 
 were sung of how 
 
 "Old Lucas gave his orders all for to hold a court, 
 But Stevens Thomson Mason he thought he'd have some sport ; 
 He called upon the Wolverines and asked them for to go 
 To meet the rebel Lucas, his court to overthi-ow.' 
 
 and every community that sent a company to the ''front" 
 was enlivened by jokes and stories told by the wags at 
 the expense of their more sedate companions, General 
 Brown having at times to bear the designation of the 
 ''Modern Caesar," while of a surgeon attached to the 
 Ypsilanti company it was claimed that one night he was 
 discovered sitting up in his sleep tearing his shirt into 
 bandages. Major Stickney had been one of the most 
 active in the furtherance of Ohio 's cause, and during the 
 short stay at Toledo the Michigan boys found much 
 delight, contrary to the command of their officers, in teas- 
 ing the worthy Major either by "sampling his honey," 
 stealing his ducks, or "drafting his potato vines to make 
 volunteers of the bottoms." The stories of such doings 
 were long remembered by the depredators as well as by 
 the embittered Major, although his feelings were perhaps 
 somewhat mollified and his loyalty to Ohio increased by 
 an Act of the Legislature of that State which granted 
 him ample compensation for the damages he had sus- 
 tained. 
 
 The removal of Acting Governor Mason, as might 
 be expected, only tended to increase his popularity and 
 prestige. Many people of the Territory felt that he had 
 been punished because he had championed their interest, 
 and the friends and neighbors of his home city, through 
 
174 STEVENS T. MASON 
 
 a very representative committee, tendered him a public 
 dinner at the Mansion House for the afternoon of Wed- 
 nesday, the 16th of September; the invitation reciting 
 that it was extended on behalf ' ' of a large number of the 
 citizens of Detroit desirous of testifying their high sense 
 of gratitude" to him for carrying out their wishes in 
 relation to the Ohio controversy and for the ''able and 
 satisfactory manner in which he had discharged his office 
 since his appointment. Of more value to Stevens T. 
 Mason than the present honor which the invitation car- 
 ried, was the fact that appended to it were the names 
 of men who had been loud in their protests against him 
 wiien a few years before he had assumed his official sta- 
 tion, the name of David C. McKinstry who had been 
 chairman of the meeting of remonstration now heading 
 the list in his praise. 
 
 The dinner was in keeping with the style and sump- 
 tuousness of the old days. It was a large gathering of 
 the business and political elements of the community, 
 and many a toast was responded to with wit and elo- 
 quence. When Mr. Mason, as the Ex-Secretary, 
 responded he spoke at length upon the conditions which 
 had led to his removal, charging the Hon. John Forsyth, 
 Secretary of State, with being the controlling influence 
 in the policy that was caressing Ohio to the detriment 
 of Michigan. This address, which found its way into 
 the public press, brought a hot retort from the Honorable 
 Secretary and a still hotter rejoinder from the deposed 
 Acting Governor. On the 19th of September, Mr. Horner, 
 the new Secretary, arrive to tak*e charge of affairs and 
 soon thereafter Mr. Mason took his departure for Wash- 
 ington on a political mission connected mth the, as he 
 
THE CONSTITUTION OF 1835 175 
 
 hoped, forthcoming State. On the 5th of October he was 
 an invited guest and speaker at the banquet in honor of 
 the old family friend, Richard M. Johnson, which was 
 tendered him in New York at Tammany Hall, it being the 
 anniversary of the battle of the Thames in which he had 
 taken so conspicuous a part. On the same day and the 
 day following, the people of Michigan adopted the Consti- 
 tution submitted for their approval and elected Stevens 
 T. Mason to the governorship, Edward Mundy to be 
 Lieutenant Governor, and Isaac Crary to be the State's 
 first representative in the National Congress. 
 
 The Constitution was adopted by a vote of 6,299 to 
 1,359, a total vote on the proposition of 7,658. One gets 
 an idea of the limits of population at the time by know- 
 ing that of the votes cast, 3,227 of the affirmative and 974 
 of the negative were cast in the counties of Wayne, Wash- 
 tenaw, and Oakland, while of the balance, 2,474 of the 
 affirmative and 286 of the negative were from the coun- 
 ties of St. Clair, Macomb, Monroe, Lenawee, Hillsdale, 
 St. Joseph, Cass, Berrien and Calhoun. The combined 
 counties of Clinton, Ionia, Kent and Ottawa contributed 
 but 90 votes, six only being in the negative. 
 
 The Whigs had made no nomination for officers under 
 the Constitution, the tone of their press seeming to be 
 one of distrust of the power and authority of the people 
 of the Territory to set up a State government without 
 first having obtained from Congress authority to do so. 
 It was quite evident, however, that their criticisms arose 
 more from the fact that the Democratic party had taken 
 the initiative in the actions criticised than from any 
 convictions on the subject. Of the votes cast for the 
 governorship, Stevens T. Mason received 7,508. Scatter- 
 
176 STEVENS T. MASON 
 
 ing votes were given to several gentlemen. Mr. John 
 Biddle who had been placed in nomination by a body of 
 citizens who styled themselves Independent Republicans 
 of Oakland County received 814 votes, which was more 
 than the number received by all others. At this time 
 members of the Legislature were likewise chosen in pur- 
 suance with the provisions of the schedule to the Consti- 
 tution, which had provided for the selection of a Senate 
 of sixteen and a House of forty-nine members pending 
 legislation on the subject under the Constitution when the 
 Legislature should assemble. 
 
 Wisconsin and the country to the westward was still 
 a part of Michigan Territory, but the people of the penin- 
 sula were doing all in their power to facilitate her 
 advance to the rank of an independent Territory to 
 escape the complications of a dual government. The 
 Legislative Council at its special session in August had 
 made provision for receiving the vote of the electors of 
 the new counties that had been created, as a congressional 
 delegate was to be elected in October. It was the pro- 
 gram of the Democratic-Republican party that the dele- 
 gate should be selected from the country west of Lake 
 Michigan so that when Michigan was admitted as a State 
 the delegate would be a resident of the Territory he rep- 
 resented. In pursuance of this plan the Democratic- 
 Republicans of the peninsula allowed their nomination 
 to be made by their brethren to the west who selected 
 George W. Jones of Mineral Point, Wisconsin. The 
 Whigs, with nothing to lose through complications, 
 especially as they had had very little to do with bringing 
 them about, nominated as their candidate William Wood- 
 bridge of Detroit. The early returns from the election 
 
OLD CAPITOL AT DETROIT 
 r.viilt in 1S23-2S. Used by the State Legislature until 1847. 
 
^ i 
 
 GOV. STEVENS T. MASON 
 From oil painting in University of Micliigan. 
 
AiH>i)inted by I'resident Jackson Secretary and Acting Governor of Michigan 
 Territory 1835. Driven to Wisconsin by citizens of Michigan. 
 
THE CONSTITUTION OF 1835 177 
 
 seemed to show a majority for Woodbridge, and that 
 gentleman at once became insistent that he be given the 
 certificate of election, which he finally obtained. The 
 arrival of delayed returns from the west disclosed that 
 Jones and not Woodbridge had the majority, and a sec- 
 ond certificate was issued and Mr. Jones allowed to 
 assume his seat without contest. 
 
CHAPTER X 
 A SovEKEiGN State Out of the IJNioisr 
 
 JOHN SCOTT HORNER was nearly nine years the 
 senior of the young Secretary whom he superseded, 
 having been born December 4, 1802. He* had graduated 
 from Washington College in the class of 1819, had 
 acquired some reputation in his profession as a lawyer, 
 and was possessed of abilities which, had he come among 
 the people of Michigan under more happy conditions, 
 would have gained for him a position of respect and influ- 
 ence. It was the misfortune of Mr. Horner to be cast 
 among the people of Michigan under circumstances that 
 gave each an unworthy estimate of the other. The people 
 quite naturally looked upon Mr. Horner as embodying a 
 purpose to reverse a policy that, aside from the antagon- 
 isms of party politics, had been eminently satisfactory 
 to the people at large. Had the task of reversing this 
 policy been intrusted to a man known to the people for 
 his integrity and judgment, or to one who approached 
 the difficulties of the situation with tact and at least a 
 show of desire to enter into the aspirations of the com- 
 munity, it is possible that the one so entrusted would 
 have gained the confidence of the people. But, either 
 through natural inclination or through consciousness of 
 the hostility of the community, Mr. Horner from the 
 first assumed a peremptory and assertive manner, little 
 calculated to modify preconceived opinions. Mr. Horner 
 arrived at Detroit on the 19th of September. The same 
 
A SOVEREIGN STATE OUT OF THE UNION 170 
 
 night he wrote to Mr. Forsyth, Secretary of State, say- 
 ing: "Late this evening I called on Mr. Mason, to whom 
 I delivered the communication from the Department." 
 As the letter proceeds, it discloses a temperament ill 
 suited to induce conciliation. "On Monday morning 
 next," it proceeds, "I contemplate taking charge of the 
 Territorial government, and should have insisted on it 
 this evening had the emergency made it necessary." 
 
 The first week of the new Secretary's sojourn was so 
 uneventful that he might well have believed all troubles 
 to be passed ; and indeed so it might have proven had he 
 been content to abide the course of events, but conscious 
 of his mission, he soon issued pardons for all offenders 
 against the act of February 12, except Two Stickney. 
 He wrote to the Secretary of State on September 28 of 
 such contemplated action, disclosing that he was not 
 entirely unaware of the results that might be anticipated, 
 for he says, "I fear, however, it will be unsavory to some 
 extent." It was soon apparent, however, that the 
 "extent" was much beyond his anticipations. The act 
 confirmed in the minds of the people the belief that his 
 only purpose was to further the interests of Ohio in the 
 controversy then pending. At a meeting at the Detroit 
 City Hall, Mr. Horner appeared and addressed the peo- 
 ple. It may be assumed that the address was neither 
 tactful nor conciliatory, for the assemblage at the conclu- 
 sion of the speech proceeded to organize and adopt reso- 
 lutions of a deprecatory nature, one of which was as 
 follows : 
 
 "Resolved, That if our present Secretary of the Terri- 
 tory should find it beyond his control, either from the 
 nature of his instructions, his feelings of tenderness to 
 
180 STEVENS T. MASON 
 
 those who had for a long period of time set at defiance 
 as well the laws of the Territory as those of the United 
 States, or any feelings of delicacy entertained towards 
 the Executive of a neighboring State, who have in vain 
 endeavored to take forcible possession of a part of our 
 Territory, to enable him to properly carry into effect the 
 existing laws of this Territory, it is to be hoped he will 
 relinquish the duties of his office, and return to the land 
 of his nativity. ' ' 
 
 Emboldened by these proceedings the officials of the 
 putative County of Lucas began the exercise of official 
 functions. The result was that the Sheriff of Monroe 
 with the posse of the county were soon upon the ground 
 and the ambitious officers were soon pulled from their 
 official pedestals and started for the Monroe County jail. 
 That "the views of the Government," as Mr. Horner 
 expressed it, might be carried out, he hurried to the scene 
 of difficulty w^here he was subjected to an experience that, 
 to say the least, was unique in the annals of government, 
 and as a matter of reminiscence is not wanting in an 
 element of humor, especially when we contrast the report 
 of what transpired as subsequently reported in the 
 Wheeling (Virginia) Gazette, a paper friendly to Mr. 
 Horner, and that gentleman's own letter to the Secretary 
 of »State. The Gazette, after detailing that Mr. Horner 
 had gone to Michigan after Messrs. Rush and Howard 
 **had utterly failed to make an impression upon the semi- 
 barbarians whom they went out to pacify and subdue, 
 and immediately after another distinguished citizen, 
 Judge Shaler had declined the appointment," proceeded 
 to relate how the valiant Horner had gone among the ex- 
 cited Wolverines at Monroe and from a stump had made a 
 
A SOVEREIGN STATE OUT OF THE UNION 181 
 
 speech ** which turned the lion of their nature into the 
 gentleness of the lamb." Mr. Horner in his letter to 
 the Secretary of State on October 19 gives a somewhat 
 different view of the matter, for he says, ''My condition 
 was this : at Monroe the seat of strife, amidst a wild and 
 dangerous population, without any aid, a friend, servant, 
 or bed to sleep in, in the midst of a mob excited by the 
 enemies of the administration and bad men, I could not 
 enlist a friend as an officer of the Territory. How was 
 my authority to be enforced or the government in my 
 hands respected under the circumstances! A design was 
 formed against my honor and my life. ^ The district 
 attorney had the effrontery and timidity to say that if he 
 acted, the mob would throw him and myself into the 
 river. ' ' 
 
 In another place he says: ''I tried conciliation, 
 entreaty, appeals to their patriotism, indeed every resort 
 but force which I should not have been able to obtain had 
 I desired it," and he adds, "There never was a govern- 
 ment in Christendom "^vith such officers, civil and military, 
 and filled with such doctrines as Michigan," For more 
 than a week Mr. Horner was at Monroe and Tecumseh, 
 where the Lenawee court was in session. He issued par- 
 dons and placed them in the hands of attorneys for the 
 persons charged under the February Act. When the 
 pardons were pleaded, it was the complaint of the Secre- 
 tary that the judge at Monroe held the papers in all such 
 cases under the pretense of curia vult advisore; and that 
 when he urged the prosecuting attorney to enter nolle 
 pro sequis in the cases he adds that ''all his advice and 
 even persuasion were entirely lost." 
 
 In one letter Mr. Horner mentions that the district 
 attorney, Mr. James Q. Adams of Monroe, tendered his 
 resignation, which "I would have accepted," adds he 
 
182 STEVENS T. MASON 
 
 ''but 110 counselor in Michigan would accept the office 
 ill either court, for the obvious reason that every man 
 is looking forward to office under the new government 
 on the first day of November next." 
 
 At last the people wearied of the excitement, and quiet 
 once more obtained. Mr, Horner, ' ' the views of the gov- 
 ernment effected," now returned to Detroit. While on 
 his homeward journey he stopped for the night at Ypsi- 
 lanti, where the rough element gathered and when the 
 respectable portion of the community were abed, pelted 
 his lodging place with stones and other missiles, treating 
 the distinguished occupant to the indignity of an old-time 
 charivari. The people generally deprecated such con- 
 duct, and the Whig papers seized upon the occurrence as 
 one of the direct results of Democratic precepts and 
 practices. 
 
 At Detroit, Mr. Horner was accorded the courtesies 
 due his character and station. Here his talented and 
 agreeable wife, the bride of a year, did much in a social 
 way to remove what otherwise might have been political 
 estrangements. Although he continued at Detroit the 
 sole surviving embodiment of the Territorial govern- 
 ment, his official activities were quite solitary. In Novem- 
 ber the Ohio Commissioner re-marked the Harris line 
 without molestation and peace reigned in the valley of 
 the Maumee. Mr. Horner communicated the successful 
 completion of this work to the department, with the 
 further intelligence that he anticipated no complications 
 with the new State government. He did not recognize 
 the State government, with which all the people were 
 doing business, as existing, and when, on November 13, 
 a resolution was introduced in the House of the Michigan 
 
A SOVEREIGN STATE OUT OF THE UNION 183 
 
 Legislature expressive of regret for the treatment 
 accorded the Acting Governor in certain parts of the 
 State, the consideration of the resolution was promptly 
 and indefinitely postponed by a vote of 31 to 5. In May, 
 1836, Mr. Horner removed to the new Territory of Wis- 
 consin of which he became the Secretary. Here he 
 founded the city of Ripon, where he died, February 3, 
 1883. In his new environment, he became a forceful and 
 helpful character, his long life being identified in many 
 ways with the upbuilding of the great State of Wisconsin. 
 On Monday, the second day of November, 1835, the 
 newly elected Legislature assembled and the State gov- 
 ernment went into operation. The Governor was sworn 
 into office, and on the day follomng he delivered to the 
 Legislature and people assembled a short but impressive 
 inaugural address. Seldom or never in the succeeding 
 years of the State history has there been enacted within 
 its borders a scene of more contemplative interest than 
 the doings of this November day. Although simple in 
 ceremony, there were doings full of the ideas of con- 
 summation and of prophecy. The peninsula of Michigan, 
 although first to feel the press of the foot of Europeans, 
 was destined to be next to the last of the regions of the 
 great Northwest to come into the realization of sovereign 
 power as a State of the Union. Within sight of the very 
 building where the representatives of the people were 
 now assembled, the Lilies of France and the Cross of St. 
 George had each in their time waved as the emblems of 
 authority. In the assemblage Avere many who had suf- 
 fered the trials and hardships of the war 1812, and who 
 knew from intimate relation of the prior contests in the 
 great cause of liberty by which the sovereignty of their 
 
184 STEVENS T. MASON 
 
 soil had been transferred from race to race and from 
 government to government. All were pioneers in whom 
 the elements of hope and courage were full and strong. 
 There was a singular appropriateness, to the minds of 
 many, in the fact that the youthful commonwealth had 
 selected for its chief executive a man who had demon- 
 strated his power and capabilities and who yet had life 
 before him. Certain it was, that as Stevens T. Mason 
 ascended the canopied rostrum of the old capitol to 
 deliver his inaugural, he typified the new State, whose 
 destinies, in a measure, had been committed to his keep- 
 ing. In his lineage were generation of worthy honor, 
 while his presence bespoke a confidence of the present 
 and an abiding hope in the future. He was now but four 
 days past his twenty-fourth birthday. His face was 
 singularly strong and handsome; his eyes in animation 
 seemed to change from gray to brown, while from a fore- 
 head broad and high was brushed at times in seeming 
 aimless fashion a mass of wavy dark brown hair; the 
 blush of youth was in his cheeks, and the vigor of young 
 years was disclosed in the alert and active movement 
 of his well-nourished frame, which on this occasion was 
 clad in the close-fitting lace-trimmed evening dress of the 
 old days. In a full rounded voice which had the charm 
 of persuasion, if it lacked the command of eloquence, he 
 proceeded to express his appreciation and gratitude for 
 the distinguished honor that had been conferred upon 
 him by saying : 
 
 ' * Summoned by the general voice of my fellow citizens 
 to the station of chief executive magistrate of the State 
 of Michigan, it is with feelings which language is inade- 
 quate to express, that I embrace the occasion to convey 
 
A SOVEREIGN STATE OUT OF THE UNION 185 
 
 to them my cordial thanks for the distinguished testi- 
 mony of their approbation and confidence. If, under 
 ordinary circumstances, the suffrages of tliis enlightened 
 people had confided to me the exercise of the important 
 and responsible functions of the first office in their gift, 
 the sensibilities awakened by so signal a favor could 
 only have found vent in the silent overflowing of the 
 heart. But to have realized the honor thus bestowed 
 upon me by them, at a time when a blow had been received 
 from another source, to which it would not become me 
 to refer in a spirit of dissatisfaction, adds to the lively 
 and deep sense of gratitude, which I will cease to cherish 
 tow^ards them only with the expiring pulsations of life. 
 The emotions with which these reflections oppress my 
 mind are greatly Qnhanced by the anxiety induced by a 
 sincere consciousness that the cares before me are above 
 my ability, and that in venturing upon them, I have con- 
 sulted my capacity less, probably, than the impulses of 
 a premature ambition. But if the hazardous task has 
 been undertaken without a sufficiently rigid scrutiny into 
 the qualifications requisite for its satisfatcory perform- 
 ance, I derive consolation from the reflection that the 
 deficiencies of the executive will be amply supplied by 
 the talents, the rectitude and patriotism of the coordi- 
 nate branches of the State government. These with the 
 intelligence and virtue of the people, afford the surest 
 pledges that the foundations of the policy of this new 
 and rising State will be laid in the immutable principles 
 of morality, justice and benevolence; and that, in its 
 legislation, a comprehensive and correct view will at all 
 times be taken, of the various interests embraced within 
 its range. To these sources then, I look with confidence 
 
18G STEVENS T. MASON 
 
 for that direction and support which may bear us tri- 
 umphantly through the difficulties and embarrassments 
 incident to the new positions in which w^e are placed." 
 
 The address proceeds to discuss in general terms the 
 merits of the Constitution which the people by their 
 suffrages had approved; the delicate relation which by 
 reason of the continuance of the Territorial authority 
 now existed between the State and National government, 
 whose difficulties, he predicted, would ' ' readily disappear 
 before the light of examination and precedent and that a 
 course of forbearance and respect to the rights and pow- 
 ers of others will smooth our advancement to the high 
 destiny before us." 
 
 He recommended the choosing of the senators to repre- 
 sent the State in the National Congress, and the enact- 
 ment of authority to fill vacancies in local offices whose 
 powers and authority had been carried over into the 
 new government until superseded by legislative enact- 
 ment. '^All other interests," said he, "which come 
 within the province of legislation, for the advancement 
 of the happiness and prosperity of our beloved State, 
 may perhaps, be safely and judiciously postponed to a 
 future, yet not distant day." He said in conclusion: 
 
 *'It remains, fellow citizens, that faithful to ourselves 
 and to our rights and liberties, we frequently supplicate 
 that Divine Being who holds in His hands the chain of 
 events and the destiny of States, to enlighten our minds, 
 guide our councils, and prosper our measures so that 
 whatever we may do shall result in the welfare and tran- 
 quility of the people of Michigan, and shall secure to us 
 the friendship and approbation of the nation." 
 
A SOVEREIGN STATE OUT OF THE UNION 187 
 
 The policy of doing little in the way of legislation, 
 so as to avoid collision between State and Federal author- 
 ity, as recojniuended in the Governor's address, was a 
 policy that the (rovernor may have taken from the coun- 
 cils of others, for it was known to be the desire of the 
 President; and a week after the session had convened. 
 General Cass, writing to the Governor, took occasion 
 to say, ''You know the President's views. They remain 
 the same. Try and have as little legislation as possible, 
 so as to avoid all collision. This should be a cardinal 
 object." 
 
 The Legislature as constituted by the schedule of the 
 Constitution provided for a House of forty-eight mem- 
 bers and a Senate of sixteen members. The House upon 
 completing its organization proceeded to the election 
 of Ezra Convis of Calhoun County as speaker, and 
 George R. Griswold of Detroit as clerk. Mr. Convis 
 had been a resident of Michigan since 1832, a Vermonter 
 by birth and for many years a resident of Chautauqua 
 County, New York, where he had received the rank of 
 General in the State troops. He was re-elected to the 
 Legislature of 1832, w^hen he was again chosen speaker 
 of the House. He died suddenly in 1838 and was long 
 remembered as a man of commanding abilities and force 
 of character. 
 
 Edward Mundy, by virtue of his office as Lieutenant 
 Governor, became President of the Senate, while John 
 J. Adam of Lenaw^ee was chosen Secretary, a position 
 he filled during two subsequent sessions. Both gentle- 
 men were men of more than ordinary attainments, Mundy 
 having graduated from Rutgers College, New Jersey, 
 
188 STEVENS T. MASON 
 
 his native State, in the class of 1812, while Adam was 
 a graduate of Glasgow College, Scotland, in the class 
 of 1826, he emigrating to America in the same year. 
 
 Te Legislature had a large Democratic-Republican 
 majority in both its branches, and when the two Houses 
 convened on the 10th of November for the nomination 
 of candidates for the United States Senate, the House 
 cast forty-seven votes for Lucius Lyon for the long term, 
 while for the short term, twenty-seven votes were for 
 John Norvell and twenty for John Biddle. In the Sen- 
 ate Lucius Lyon received the total sixteen votes, while 
 on the first ballot for the short term Biddle received 
 eight votes and Norvell eight. On the third ballot, the 
 vote stood ten for Biddle and six for Norvell. When 
 we remember that John Biddle was made President of 
 the Constitutional Convention and that the votes he 
 received for United State Senator were cast in greater 
 number by men of an opposing political faith, it 
 bespeaks his great popularity and personal worth. In 
 the joint convention, John Norvell received thirty-five 
 votes and John Biddle twenty-eight, Lucius Lyon and 
 John Norvell thus became the first members from Mich- 
 igan in the national Senate. 
 
 The Legislature, at the time, agreeable to the recom- 
 mendation of the Governor, did little in the way of legis- 
 lation. Even the Governor made but one of the appoint- 
 ments he was empowered to make under the Constitu- 
 tion, that of Secretary of State, to which position he 
 appointed Kintzing Pritchette, his nomination being con- 
 ^rmed by the Senate on the thirteenth, on which day 
 they likewise chose John S. Barry President pro tempore. 
 John S. Barrv's long and distinguished service to Mich- 
 
A SOVEREIGN STATE OUT OF THE UNION 189 
 
 igan makes little more than the mention of his name 
 necessary to show the high character of the selection. 
 A few bills of minor importance were passed and on 
 November 14tli an adjournment was taken to February 
 1st ensuing, by which time it was believed the State would 
 be admitted to the full employment of all the rights and 
 privileges of a sovereign State in the Federal Union. 
 
 With the approaching days of winter came the recur- 
 rence of those social gaieties which have ever been 
 among the most delightful subjects of reminiscence con- 
 nected with the history of the old capitol. The social 
 graces had ever claimed many votaries at Detroit and 
 they were now increased rather than diminished by the 
 changing incidents of commerce and politics. The popu- 
 lation had increased sufficiently to greatly enlarge the 
 social circle, but not sufficiently to change the costumes 
 which were the charm of the social functions in which 
 the people found delight. 
 
 The Mason household was now again united, the father 
 and mother having returned by way of New York in the 
 early autumn. The first poignant sorrow at the loss of 
 loved ones had passed away for the time, and Christian 
 resignation had wrought for this family circle what it 
 does for all. Entertainment and hospitality was again 
 the order of the Mason home. From vagrant sources, 
 old letters, stray newspapers, and the memory of an occa- 
 sional octogenarian, we catch glimpses of the simple but 
 wholesome social pleasures of the period; of the house 
 parties where the evening hours were spent in simple 
 games and blitheful conversation; of the balls where 
 belles and beaux executed the quadrille, the schottische 
 and the stately minuet; of the holiday festivities and 
 
190 STEVENS T. MASON 
 
 especially New Year's day when the leading gentlemen 
 of the community, always including the members of the 
 bar, in faultless evening dress made the round of the 
 homes of their friends and associates to extend and 
 receive a word of friendly greeting. The New Year's of 
 1836 was made especially memorable by the fact that its 
 festivities began with the Governor's reception at the 
 American Hotel, where in the spacious hallway the genial 
 Tom, his sweet faced mother, the charming sisters and 
 the ubiquitous Charles Whipple stood in line to greet 
 with honest friendship the assembled friends and neigh- 
 bors. With the increase of duties and responsibilities, 
 Governor Mason entered less into the social features 
 of the community than from his years and tempera- 
 ment he would otherwise have been tempted to do; 
 but neither duties nor responsibilities prematurely 
 imposed took the jovial, youthful spirit from his nature. 
 Major W. C. Ransom has given us a story of the Gov- 
 ernor that is more or less characteristic. It was in the 
 early winter of 1835 when, in the language of the narra- 
 tor, the Governor "chanced to be down by the Detroit 
 River, where a number of rollicking boys were coasting 
 in a jumper down the steep banks for a slide on the 
 smooth ice beyond. The Governor, inspired by the spirit 
 of the occasion, sought and obtained the high honor of 
 piloting the frail craft for a model trip. Down sat the 
 Governor, on piled the boys, and, with a whoop and a 
 cheer, they started on their swift career. Now, unfor- 
 tunately for the success of their voyage, it happened 
 that a Canuck huckster and wife with pony and pung 
 were just A\dnding their way to market along the road 
 that threaded the foot of the river bank. Dowm went 
 
A SOVEREIGN STATE OUT OF THE UNION 191 
 
 Govefnor and jumper, on came Canuck and pony, and 
 before either were fully aware of the situation, there 
 was a crash, a smash, and a wreck. Disastrous to execu- 
 tive dignity, the Canuck came on top, and, in the twink- 
 ling of an eye, sent His Excellency spinning, head first, 
 into a snow-drift a dozen feet away. ' ' 
 
 Although by no means an enthusiastic sportsman, the 
 Governor at infrequent intervals, found relaxation in the 
 company of a few companions who sought the pleasures 
 of the chase in the forests which could be found in almost 
 any direction in less than a day's travel, and it was the 
 statement of his friends that the crack of his rifle quite 
 as often brought dowTi the quarry as did the shots from 
 the weapons of more experienced sportsmen. As a horse- 
 man, the Governor was far less indifferent, and in this 
 regard he was of a mind with the sister Emily. Each 
 loved a good horse and not infrequently they could be 
 seen returning from a ride beside the beautiful Detroit 
 Eiver, sitting upon their steeds after the manner of 
 accomplished horsemen. 
 
 But the Governor derived his greatest pleasure from 
 the problems and associations that were furnished by 
 questions of state and the exigencies of politics. He was 
 an eager student of the government and institutions of 
 the country and of the biographies of the men who had 
 been important factors in their development and 
 progress. General Cass was frequently procuring and 
 forwarding to him from Washington the documents and 
 debates of previous times, especially such as related to 
 the Northwest and the admission of the various States 
 since the adoption of the Federal Constitution. These 
 he carefully studied, as his messages and addresses 
 
192 STEVENS T. MASON 
 
 clearly indicate. But his interest in political subjects 
 was not confined to their historical and philosophical 
 phases. He was not long in learning that government 
 and politics have a practical as well as a philosophical 
 side, and he was frequently among the gatherings of gen- 
 tlemen which on occasions assembled at ''Coon" Ten 
 Eyck's Tavern, where campaigns were planned and poli- 
 cies of state matured, while the bonds of friendship were 
 strengthened in many an act of good fellowship. 
 
 Congress convened on the 7th of December, 1835, and 
 from thenceforth the questions of the southern boundary 
 of Michigan and the admission of the State Avere insep- 
 arably connected. 
 
 Lucius Lyon and John Norvell were already in Wash- 
 ington ready to assume their senatorial duties, as was 
 Isaac Crary to take up his labors as a member of the 
 House of Representatives. All were hopeful and expec- 
 tant for the speedy admission of the State. The Presi- 
 dent and others high in authority, gave encouragement 
 to the belief that it would be but a matter of a few weeks 
 at the longest before Congress would pass the appropri- 
 ate Act to extend the laws of the United States over 
 Michigan. On December 9, the President sent a message 
 to Congress accompanied with a copy of the Constitution 
 adopted by the people of Michigan and such other docu- 
 ments as were necessary to make complete the record of 
 their right to admission. Almost immediately the pros- 
 pects of statehood became less promising. On December 
 13, Lucius Lyon, who but a few days before had written 
 his Michigan friends that they might expect admission 
 by February, wrote that ''It is doubtful whether we shall 
 not be delayed until June next, perhaps longer." 
 
.lOlIX S. BARRY 
 Member of the Constitutional Convention of ISMo. Member of the first and sub- 
 sequent State Legislatures. Governor of Michigan 1S42-4G. 
 
ALPHEUS FELCH 
 Member of first State Legislature and Democratic Governor of Michigan 1S46-4T. 
 
DETROIT HOME OF GOV. STEVENS T. MASON 
 was No. .303 .Tefferson avenue, between Beanbien and St. Antolne streets. 
 Twenty-five or more yi> 
 
 aso'the third story was add«>d to the bniklinj 
 
A SOVEREIGN STATE OUT OF THE UNION 193 
 
 A presidential election was now near at hand. Each 
 of the great parties was maneuvering for political 
 advantage and the boundary controversy gave to both 
 Whig and Democrat the opportunity to court the elec- 
 toral support of Ohio. While the question of the bound- 
 dary was the main issue in the contest, it was complicated 
 with other questions whose importance were no doubt 
 magnified for effect upon the main proposition. As with 
 the admission of every other State in those days, so with 
 Michigan ; the slave power complicated it with the admis- 
 sion of a slave State to balance its political influence 
 in Congress, Arkansas being the State with which Mich- 
 igan was paired in the fortunes of admission. The liberal 
 franchise provision that had brought a protest from the 
 Whigs in the Constitutional Convention was seized upon 
 by the opposition in Congress, who urged it as an impedi- 
 ment that should require the convening of a second Con- 
 stitutional Convention and the framing of a new Con- 
 stitution, a program that was much desired by many of 
 the leading Whigs of the new State. But these matters 
 were of secondary consideration and would have been 
 readily adjusted, but for the question of boundary. 
 There is some reason to believe that Congress would 
 have willingly disposed of the boundary question so as 
 to have left it to the decision of the judiciary, had the 
 proposed Constitution of Michigan been so framed as to 
 facilitated such action without at the same time antagon- 
 izing the States of Ohio, Indiana and Illinois. But the 
 makers of the Michigan Constitution had been positive 
 and definite, where it would have served their purpose 
 better to have been in a measure indefinite. Had they 
 made the southern boundary, the northern boundaries of 
 
194 STEVENS T. MASON 
 
 the States of Ohio and Indiana, the question of where 
 such northern boundaries were might have been left 
 open ; but, as if determined to hold what they considered 
 their own, they had fixed in positive terms the southern 
 boundary at a line running due east and west through 
 the southerly bend or extreme of Lake Michigan. This 
 needlessly antagonized Indiana and Illinois, for it could 
 not be said that their northern limits were irrevocably 
 fixed, while Congress was being asked, in effect, to 
 declare that the Ordinance line was their true northern 
 boundaries. Whatever might have been urged against 
 the claims of these States at the times of their admis- 
 sion, it was true that Congress had passed upon them, 
 and for twenty years Michigan had slept upon her rights. 
 No one should have expected a reversal of conditions so 
 long established, and the result of raising the question 
 was to array the delegations of both States in sympa- 
 thetic accord with the purposes of Ohio, with no com- 
 pensating benefits to Michigan. As in previous years, 
 a bill for the admission of Michigan and one to settle 
 the northern boundary of Ohio was given to the Judiciary 
 Committee. For weeks the questions involved were con- 
 tested in conmiittees. All the arguments were reiterated 
 and all the evidence produced anew. Select committees 
 on the admission of both Michigan and Arkansas were 
 appointed; and singly, and jointly with the Judiciary 
 and Territorial committees of both Houses, they can- 
 vassed the situation with every outward appearance of a 
 sincere desire to reach a decision that should be in accord 
 with the legal rights of the parties. But long before 
 the committees were ready to report, it was evident that 
 
A SOVEREIGN STATE OUT OF THE UNION 105 
 
 their deliberations were for little more than "outward 
 appearances. ' ' 
 
 While there were many in Michigan who were saying, 
 "The Toledo strip or nothing," there w^ere a very few 
 who were saying that if they could not get what they 
 wanted they would take wiiat they could get. Lucius 
 Lyon was of this number. No man in the Territory had 
 done better service for the southern boundary than he, 
 but when he say the inevitable, he sought to retrieve from 
 the territory adjacent to Lake Superior. 
 
 The credit for obtaining the Upper Peninsula to Mich- 
 igan has been accorded to Mr. Preston, of South Caro- 
 lina; but, unquestionably, the honor in larger degree 
 belongs to Lucius Lyon. As early as February 4, answer- 
 ing a suggestion of like import from Daniel Goodwin 
 of Detroit he had said, that if Congress should break 
 up the southern boundary, "I for one shall go in for all 
 the country Congress mil give us west of the Lakes." 
 "If that doctrine is to prevail," he says later, "we will 
 take advantage of it and let the ' Devil take the hindmost ' 
 as gamesters say." Two weeks later the proposition had 
 taken such form that the Senator could say with a certain 
 degree of assurance, that "the Committee will probably 
 give us a strip of country along the south shore of Lake 
 Supeifor, where we can raise our own Indians in all time 
 to come and supply ourselves now and then with a little 
 bear meat for delicacy." But this facetious statement 
 was far from representing the Senator's true estimate 
 of the value of the Upper Peninsula. Lewis Cass and 
 Henry R. Schoolcraft, each of whom knew the upper 
 country with a fairly intimate knowledge, were then in 
 
196 STEVENS T. MASON 
 
 Washington and there is reason to presume that the 
 Senator availed himself of their more extensive informa- 
 tion. At any rate three days after the Senatar had written 
 of the Upper Peninsula as a land of bears and Indians, 
 he wrote to Colonel Andrew Mack of the possible acces- 
 sion, saying, ' ' My opinion is that within twenty years the 
 addition here proposed will be valued by Michigan at 
 more than forty million of dollars, and that even after 
 ten years the State would not think of selling it for that 
 sum." On the same day he wrote to Hon, Charles C. 
 Hascall, a member of the Michigan State Senate, saying, 
 among other things, ''This will give Michigan about 
 twenty thousand square miles of land, together with 
 three-fourths of the American shore of Lake Superior, 
 which may at some future time be esteemed very valu- 
 able. A considerable tract of country between Lake 
 Michigan and Lake Superior is known to be fertile and 
 this, with the fisheries on Lake Superior and the copper 
 mines, supposed to exist there, may hereafter be worth 
 to us many millions of dollars." 
 
 In his view of the upper country, Lucius Lyon stood 
 quite alone among Michigan statesmen. The people gen- 
 erally were watching the contest in Congress with una- 
 bated interest, and the proceedings and speeches on the 
 question in that body found extended notice in the daily 
 papers of Detroit. The great majority of the people of 
 the putative State met every suggestion of seeking Ter- 
 ritorial compensation on the Lake Superior shore, even 
 when there was a reasonable certainty that Congress was 
 going to yield to the claims of Ohio, with the most vigor- 
 ous protest, as being in effect a compromise of the rights 
 of Michigan. Senator John Norvell and Congressman 
 
A SOVEREIGN STATE OUT OF THE UNION 197 
 
 Isaac Crary both either partook of this sentiment or were 
 influenced by it to the extent that they at first opposed 
 any addition to the State in the region of the Upper 
 Peninsula. Indeed, there seems to have been a general 
 lack of harmony in the Michigan delegation on all sub- 
 jects, Norvell and Crary being generally opposed to Lyon 
 on the several questions arising from policies and 
 appointments and the feeling thus engendered was soon 
 communicated to the politicians at home. One of the 
 oflfices that was much in quest was that of postmaster at 
 Detroit, a position to be made vacant when Norvell 
 should be admitted to the Senate. There were some six 
 or seven patriotic aspirants for the office, with Sheldon 
 McKnight, editor of the Free Press, in the lead, sup- 
 ported by Senator Lyon and opposed by every other can- 
 didate and his friends. The method pursued to thwart 
 the realization of McKnight 's ambition gives an insight 
 into the bitter political spirit of the time. Some time 
 before, McKnight had had a personal altercation with a 
 man by the name of Avery whom he was said to have 
 struck with his open hand, the man dying soon thereafter 
 from cause which there seems to have been no reason to 
 believe were connected Avith the blow he had received from 
 McKnight. No action was taken in the matter until 
 McKnight became the leading candidate for the position 
 of postmaster, when certain of his personal political ene- 
 mies obtained control of the grand jury, DeGarmo Jones 
 a leading Whig politician being foreman and Benjamin 
 B. Kercheval an opposition Democrat being secretary; 
 when, to the surprise of McKnight as well as the com- 
 munity, he was indicted for manslaughter. The news was 
 at once hurried to "Washington to stop McKnight 's 
 
198 STEVENS T. MASON 
 
 appointment. Lyon came to his aid with tlie statement 
 that it was ^'undoubtedly a cool-blooded, black-hearted 
 attempt to prostrate and ruin him and through him to 
 injure his friends." If such it was, it failed in its pur- 
 pose, for a speedy trial brought McKnight an acquittal, 
 and his appointment and confirmation followed. 
 
 There was likewise lack of agreement in the Michigan 
 delegation on who should be favored wath appointment 
 to the judiciary, the State Legislature not yet having 
 attempted to set up a judiciary under State authority. 
 
 With these conditions existing, it was to be expected 
 that when Senator Lyon suggested the propriety of 
 obtaining an extension of territory to the northwest, 
 there would be those ready to charge him with bartering 
 away the rights of Michigan for a "mess of pottage," 
 even though he was acting with a clear discernment of 
 inevitable results. Lyon foresaw that Michigan was to 
 lose ; for, as a little later he wrote his friend Austin E. 
 Wing, ''An honest man after looking on here a month or 
 two would laugh at himself for having ever supposed 
 that the merits of a question like this could have any- 
 thing to do with the decision of Congress upon it." 
 
 On the 1st of March, the Committee of the Senate, 
 and a day later the Committee of the House, made reports 
 on the boundary question which confirmed every fear 
 that the people of Michigan had entertained. Ohio was 
 conceded her full demands. The news of this action was 
 speedily transmitted to Detroit, where a considerable 
 excitement at once followed. A public meeting was at 
 once called, wiiich assembled on the evening of March 8. 
 The veteran Colonel Andrew Mack was chosen president, 
 John S. Barry and General John Stockton vice-presi- 
 
A SOVEREIGN STATE OUT OF THE UNION 199 
 
 dents, and Jacob M. Howard and George B. Martin sec- 
 retaries. Stirring addresses were made by John Biddle 
 and Benjamin F. H. Witherell. A numerous committee 
 was appointed to solicit signatures to a memorial against 
 the proposed congressional action ; while lengthy resolu- 
 tions were adopted to the effect that, ''the people of 
 Michigan have given to no man or body of men authority 
 to alter by bargain or compromise the boundaries to 
 which they have uniformly asserted a right;" asserting 
 that the evils of the proposed legislation were not "to be 
 remedied by attaching to Michigan any extent, however 
 great, of the sterile region on the shores of Lake Supe- 
 rior, destined by soil and climate to remain forever a 
 wilderness." 
 
 For weeks the controversy in one form or another was 
 before Congress. Thomas Benton in the Senate and 
 John Quincy Adams in the House led the fight for Mich- 
 igan, but their efforts, although masterly and vigorous, 
 were of no avail when urged against the exigencies of 
 politics. At times it seemed that even if the State 
 obtained admission, it would be without the addition of 
 the Upper Peninsula, and as week succeeded week with no 
 result, even Senator Lyon at times was persuaded that 
 Congress would adjourn without providing for admis- 
 sion upon any terms ; but the end was near at hand. On 
 June 15, 1836, Acts for the admission of both Arkansas 
 and Michigan were approved, Arkansas being admitted 
 unconditionally, while the admission of Michigan was 
 made to depend upon the assent of a duly elected con- 
 vention to a change in boundary whereby the territory in 
 dispute was given to Ohio while compensation was given 
 upon the north by fixing the boundary between Michigan 
 
200 STEVENS T. MASON 
 
 and Wisconsin in that region by a line drawn through 
 Green Bay, the Menominee Eiver, Lake of the Desert, and 
 Montreal River. The news of this action, although no sur- 
 prise to the people of Michigan, was anything but agree- 
 able to them. There were loud cries of tyranny and 
 oppression. Much eloquence was expended and ink 
 wasted upon the desirability of the State's remaining out 
 of the Union rather than to enter it '* mutilated, humbled 
 and degraded. ' ' Few men had made more effort to retain 
 the disputed territory to Michigan than had Governor 
 Mason; but now, realizing that they were defeated he 
 took no part in the campaign of denunciation which fol- 
 lowed, although his declarations were not such as to 
 drive from him friends who had followed his lead, but 
 were now less inclined than he to acknowledge the wis- 
 dom of submission. His influence, nevertheless, was dis- 
 creetly used in favor of accepting the terms imposed, a 
 position the wisdom of which was to be demonstrated 
 in the development of future years and the details in the 
 attainment of which were to form another chapter in the 
 history of the commonwealth. 
 
CHAPTER XI 
 
 Oeganizing the State Government 
 
 ON February 1, 1836, the Legislature convened pur- 
 suant to adjournment. The members had separated 
 on the 14th of the previous November hopeful, if not 
 confident, that upon their reconvening it would be as 
 members of a State within the Federal Union. In this 
 they were destined to disappointment and they were 
 far from one mind as to the proper course to pursue. A 
 conservative element more or less closely allied with men 
 in touch with the Federal administration were in favor 
 of again adjourning to await congressional action. The 
 more radical element were for proceeding with the regu- 
 lar course of legislative procedure. The Legislature hav- 
 ing convened, the two houses at once met in joint assem- 
 bly and the Governor delivered his message. It was a 
 document prepared with much care and deliberation. As 
 it was intended for the perusal of Congress as well as 
 to guide a coordinate branch of the State government, 
 more than one-half of the space it filled was devoted 
 to a review and discussion of the historical and legal 
 phases of the boundary and statehood questions then 
 uppermost in the public mind. It was a strong presenta- 
 tion of Michigan 's side of the controversy, but was diplo- 
 matically prefaced by a sentence no doubt intended to 
 render the vigor of his argument more palatable to Con- 
 gress: ''We can but believe," said he, "the motives 
 which may govern that distinguished assemblage of 
 American citizens, the Congress of the United States, in 
 
202 STEVENS T. MASON 
 
 the decision they may arrive at, will be pure and patri- 
 otic; neither ought we to doubt but that that decision 
 when made, will be favorable to our interests and 
 rights." 
 
 Amid the arguments of the message, the reader meets 
 passages that may well stand as guides in the science of 
 government. The following are interesting examples : 
 **A vigilant regard for our rights should teach us that 
 power once surrendered is seldom, if ever recovered, and 
 that although exercised with forbearance at first, it may 
 become ultimately oppressive." 
 
 ''The essence of freedom is self-government. Of no 
 rights should the people be so tenacious as those which 
 are political." 
 
 "The confidence of the people is the greatest security 
 by which the government can act. It rests for its support 
 upon their affections, not their fears ; its strength is 
 moral, not physical." 
 
 On the several questions of the internal policy of the 
 State, his views were set forth with characteristic clear- 
 ness and vigor. The interest of the people in the ques- 
 tion of internal improvement had increased rather thar 
 diminished since the days when the subject had received 
 attention in the communications which Governor Porter 
 had made to the Legislative Council. The impression 
 has sometimes been conveyed that the financial crisis 
 through which the State passed during the years of its 
 early history was the outgrowth of policies matured and 
 exploited by the Governor, especially with respect to its 
 experience with schemes of internal improvements and 
 banking institutions. That the Governor partook of the 
 general ambition of the people is true ; but a perusal of 
 
ORGANIZING THE STATE GOVERNMENT 203 
 
 his message clearly indicates that he had a purpose to 
 carefully limit and prescribe the State's activities to safe 
 and beneficial projects. On the general subject of 
 internal improvements, the Governor said : 
 
 "The natural advantages of Michigan for the pur- 
 poses of commerce and agriculture are not exceeded by 
 any State in the Union, and too much of your attention 
 cannot be bestowed in maturing a prudent and judicious 
 system of legislation for the development of those 
 resources of wealth. The Constitution enjoins upon the 
 Legislature the encouragement of this branch of our 
 State policy; and it is made their duty 'as soon as may be 
 to make provisions by law for ascertaining the proper 
 objects of improvement in relation to roads, canals, and 
 navigable waters.' The spirit and enterprise, which has 
 arisen among our citizens, if fostered and encouraged by 
 the State, cannot fail to lead to lasting prosperitj^ Your 
 liberal legislation should embrace within its range every 
 section of the State. No local prejudice or attachment 
 should misdirect the equal liberality with which you 
 should guard the interest of your constitutents. The 
 wealth of the State must be composed of the individual 
 wealth of its citizens, and in this respect no portion of 
 them are independent of the other. 
 
 ''In obedience to the constitutional provision, which 
 requires you to provide for an equal systematic and eco- 
 nomical application of the funds that may be appropri- 
 ated to objects of internal improvement, I would suggest 
 for your consideration the propriety of the appointment 
 of a competent Engineer, Commissioner or Board of 
 Commissioners, as may be most conducive to the end con- 
 templated, whose duties shall be regulated by law, and 
 
204 STEVENS T. MASON 
 
 who shall be required at each session of the Legislature 
 to report the result of such investigation as may have 
 been previously directed. The appointment of the first 
 named officer would probably meet the object in view, 
 and would certainly prove most economical, as his duties 
 might be diversified as the interests of the State should 
 require. Through this medium, the most desirable and 
 practicable works of internal improvement will be 
 brought before the Legislature, matured for their action, 
 preventing the hasty undertaking of useless, if not 
 impracticable projects, and directing the energies and 
 resources of the state in such channels as will be pro- 
 ductive of the greatest good to the greatest number of 
 our fellow citizens. ' ' 
 
 Attention was directed to the necessity of at once pro- 
 curing grants of public lands from the National Govern- 
 ment to the State which he predicted ''will afford a fund 
 ample to give effect to our plans of internal improve- 
 ment," thus indicating that he neither contemplated or 
 recommended schemes as extensive as those upon which 
 the State subsequently embarked. 
 
 Likewise as to the railroads being then projected in 
 the State, it was not the opinion of the Governor that 
 the State should become the sole owner and proprietor 
 of its railroads, but that the State should become inter- 
 ested as a stockholder, that it might be in position to 
 obtain information and able to exert a measure of control 
 that otherwise might be denied it. ' ' While it is the duty 
 of the Legislature," said the Governor, "to afford every 
 aid in their power to facilitate the construction of these 
 important works, it is also desirable that they should 
 never be beyond at least the partial control of the State. 
 
ORGANIZING THE STATE GOVERNMENT 205 
 
 So important is their construction to the permanent 
 interest and prosperity of the State, that I would recom- 
 mend the passage of a law, authorizing a subscription 
 in behalf of the State, to a large amount of the capital 
 stock vested in the companies which have these roads in 
 the progress of completion." 
 
 As we shall see, this policy was not the one which 
 the Legislature pursued, although many who have given 
 much thought to the subject have expressed the belief 
 that it would have been a wise and beneficial policy to 
 have followed. The message reflected its author's well- 
 known views on the subject of corporations; he closed 
 his reflections on the subject by saying, ''It is a question 
 in my mind whether corporate powers should ever be 
 extended to associations in ordinary trade. That branch 
 of industry may be considered most thriving when left 
 free to individual enterprise." 
 
 His recommendations as to banks of issue left little to 
 be desired in the way of statement of the fundamental 
 principles that should govern their organization and limit 
 their operations. On the subject of banks he said : 
 
 **In all cases of applications for charters for banking 
 purposes, the most prudent care should be exhibited by 
 the Legislature. It is a difficult point to arrive at in legis- 
 lation on this subject, where the issue of paper as a cir- 
 culating medium, will answer the convenience and 
 demands of the public, without deranging the currency, 
 and endangering the prosperity of the community for 
 whose benefit it is intended. Gold and silver have by 
 common consent been made the representatives of every 
 species of property. Bank notes are but the representa- 
 tives of gold and silver and derive their value from this 
 
206 STEVENS T. MASON 
 
 basis. Excessive issues of notes are calculated to engen- 
 der over-trading in the community, drive the metallic 
 basis from our country, and are apt in case of sudden 
 emergencies in the money market to be attended with 
 consequences disastrous to the joublic. In arriving at 
 just conclusions on the subject, we need not consult the 
 theories of political economists, but refer to the practical 
 history of the country as it is presented before us." 
 
 This excerpt is quite sufficient proof that the Governor 
 was noU a believer in fiat money, and that so far as he 
 was officially connected with the subsequent passage of 
 the general banking law under which the ill-famed ' ' wild 
 cat" banks had an ephemeral existence, his error in 
 approving the measure arose not from a misunderstand- 
 ing of the true basis of sound finance, but from sharing 
 in a general lack of knowledge as to the details neces- 
 sary to maintain that basis. 
 
 Governor Mason had already evidenced his deep inter- 
 est in the cause of general education. As yet there was not 
 a free school within the Territorial limits of Michigan; 
 but looking forward with an enthusiastic hope, the young 
 Governor said of this important subject: "Ours is said 
 to be a government founded on intelligence and morality, 
 and no political axiom can be more beautifully true ; 
 here the rights of all are equal and the people themselves 
 are the primary source of all power. Our institutions 
 have leveled the artificial distinctions existing in the 
 societies of other countries aild have left open to every- 
 one the aveiiues to distinction and honor. Public opinion 
 directs the course which our government pursues; and 
 so long as the people are enlightened, that direction will 
 never be misgiven. It becomes then your imperious duty 
 
ORGANIZING THE STATE GOVERNMENT 207 
 
 to secure to the State a general diffusion of knowledge. 
 This can in no wise be so certainly effected as by the per- 
 fect organization of a uniform- and liberal system of com- 
 mon schools. Your attention is therefore called to the 
 effectuation of a perfect school system, open to all 
 classes, as the surest basis of public happiness and pros- 
 perity. " He followed with recommendations as to the 
 conservation of the lands derived from the General Gov- 
 ernment for the purposes of education; venturing the 
 prophecy that with the careful husbanding of resources, 
 the University of Michigan which as yet was little more 
 than a contemplation, would become ''an ornament and 
 honor to the West, ' ' The dream of the young enthusiast 
 has long since become a reality, and his sentiments for 
 the great cause of education are worthy to be remem- 
 bered. 
 
 Space in the message was likewise devoted to the State 
 finances, the simplification of the judiciary, and the crea- 
 tion of a penitentiary system. 
 
 Even at this early date, tlie question of human slavery 
 was raising its frowning front and threatening the peace 
 and stability of the nation. The executives and legisla- 
 tures of Southern States were transmitting to the 
 authorities of the North protests and memorials against 
 the pronouncements and activities of the parties demand- 
 ing the abolition of this institution which they conceived 
 to be purely of domestic concern. Taking notice of the 
 frequent communications from Southern States, he 
 expressed his sentiments in his message saying in part : 
 ' ' The Federal Constitution has left its regulations among 
 the reserved rights of the States, and it cannot by any 
 implication of power be delegated to the General Gov- 
 
208 STEVENS T. MASON 
 
 ernment. If slavery be a curse to the States in which 
 it exists, time and their own experience will correct it; 
 if a blessing, it is their right and cannot be taken from 
 them. But in a government like ours, where public senti- 
 ment directs its course, it becomes the duty of the people 
 through their representatives, to manifest their senti- 
 ments upon all questions of public interest, and more 
 especially upon those which agitate and interrupt the 
 tranquility of the country;" adding his appreciation of 
 the seriousness of the question and its possible conse- 
 quences by saying, ''It is with this view, fellow citizens, 
 that I call your attention to this alarming subject ; a sub- 
 ject perhaps involving our permanent existence as a 
 united Nation. ' ' 
 
 As a question of ethics. Governor Mason was known to 
 be opposed to human slavery; but one catches a vein of 
 hesitancy in the above that reflected the responsibility- of 
 official position. Much more might he have hesitated 
 could he have discerned the future, have witnessed the 
 realization of his fear, and seen his own blood and kin- 
 dred upon the opposing sides in a war which staggered 
 the Nation with the horrors of its strife. 
 
 The members of the Legislature were far from one 
 mind as to the propriety of proceeding with general legis- 
 lation until the State should be fully recognized as a 
 member of the Federal Union. This was especially true 
 of the members of the Senate, where John S. Barry led the 
 conservative element, which desired an adjournment from 
 time to time until Congress should have taken the desired 
 action. Resolutions to that effect, to know the mind of 
 the executive, and solemn protest, were all alike unavail- 
 ing. The more radical element prevailed and the Legis- 
 
'.m I 
 
 H^l^s. 
 
 MRS. DOROTHEA MASON WRIGHT. NEWARK, N. .J. 
 Only child of Gov. Mason. 
 
(.OV. STEVENS T. MASOX. 
 Gi)vonior lit' Mifhigan lSor>-lS41. 
 
EDWARD MUXDV 
 
 Member of the first Cun(<titiitinnal Conventidii and lirst Lieutenant Governor 
 
 of Michigan, 
 
ORGANIZING THE STATE GOVERNMENT 209 
 
 lature proceeded to enact laws of general application to 
 the State government. Acts were passed providing for 
 the election of county oflficers ; for the selection of presi- 
 dential electors, and for members of the Legislature. 
 The duties of the Auditor General and State Treasurer 
 were defined, and the salaries of State officials fixed; 
 the Governor being given an annual salary of two thou- 
 sand dollars; the Secretary of State, eight hundred; 
 Auditor General, two hundred; Attorney General, two 
 hundred; and the State Treasurer, two hundred; all to 
 be paid quarterly. The boundary controversy was still in 
 evidence through the passage of an Act to pay the militia 
 for *' supporting the supremacy of the laws of Michigan 
 at Toledo," which patriotic service by the report of a 
 committee was found to involve the expenditure of the 
 sum of $19,341.05. An act was also passed in the form 
 of an offer on the part of Michigan to submit the question 
 of boundary between Michigan and Indiana for the deci- 
 sion of the United States Supreme Court, an offer in 
 which it is needless to say, Indiana never saw fit to 
 co-operate. Governor Mason was also empowered to 
 employ counsel to conduct the defense to the Supreme 
 Court of the United States of one Lewis Brown, a col- 
 lector of taxes in the towmship of Whiteford, Monroe 
 County, who in the prosecution of the duties of his office 
 Avithin said township, but upon territory claimed to be 
 mthin the jurisdiction of Ohio, had made distress upon 
 the gray mare of one Jonathan H. Jerome for taxes due 
 under the laws of Michigan; and who had been uncere- 
 moniously pounced upon by the constable and posse of 
 the hated county of Lucas as he was about to sell the 
 mare to the highest bidder and borne before a magistrate 
 
210 STEVENS T. MASON 
 
 at Maumee, and was later incarcerated for a space of 
 twenty-four hours in the common goal at Perrysburg. 
 But long before the journey of the case to the Supreme 
 Court of the United States could be well started, Con- 
 gress had made it apparent that it would be a proceed- 
 ing devoid of both profit and honors. 
 
 The creation of a system of State courts was a question 
 uiDon which the leaders had exhibited a considerable hesi- 
 tancy; because, with State courts in operation, conflict 
 between such courts and the Territorial courts operating 
 under Federal authority would be inevitable, and this 
 no one desired. The Legislature soon hit upon the 
 expediency of enacting the required statutes, leaving it 
 to the Governor to bring them into operation by the 
 appointment of the judges, at a time when the danger of 
 conflicting jurisdiction was removed. The Act to organ- 
 ize the Supreme Court and establish Circuit Courts and 
 an Act to establish a Court of Chancery, were both 
 approved on March 26, 1836. By the terms of the first 
 Act, the Supreme Court was to be composed of three 
 judges, the first named of whom was to be the Chief 
 Justice. The State was divided into three circuits. The 
 first circuit was composed of the counties of Wayne, 
 Macomb, St. Clair, Lapeer, Michilimackinac, Chippewa, 
 and the counties attached to such counties for judicial 
 purposes. The second circuit comprised the counties of 
 Monroe, Lenawee, Washtenaw, Oakland, Saginaw, Jack- 
 son, Hillsdale, and likewise the counties attached to such 
 counties for judicial purposes; and the third circuit was 
 formed from the counties of Branch, St. Joseph, Cass, 
 Berrien, Kalamazoo, Allegan, Calhoun and Kent and the 
 counties that had been attached to them for judicial pur- 
 
ORGANIZING THE STATE GOVERNMENT 211 
 
 poses. The judges were to be appointed for the term of 
 seven years each and were to meet quarterly as a 
 Supreme Court at Detroit, Ann Arbor and Kalamazoo. 
 Provision was made for the election of two side or county 
 judges in each county mth terms of office of four years 
 each. Two terms of court were to be held in each county 
 yearly. One judge of the Supreme Court was to reside 
 within each of the three circuits and was to be the pre- 
 siding judge, sitting with the two side or associate judges 
 in the several counties of his circuit. Provision was like- 
 wise made for justice and probate courts and methods 
 of appeal provided from lower to higher jurisdiction. 
 The chancery jurisdiction of the State was by the provi- 
 sions of the Act before mentioned given into the charge 
 of a Chancery Court to be presided over by a Chancellor, 
 who was required to hold two terms of court yearly in 
 each of the judicial circuits of the State. The Chancellor 
 and Judges of the Supreme Court were prohibited from 
 practicing in the courts of the State, and, with the excep- 
 tion of the Chief Justice, were granted salaries of fifteen 
 hundred dollars each per year, the Chief Justice being 
 granted one hundred dollars additional. 
 
 Upon the passage of the Act defining the duties of 
 State Treasurer and Auditor General, the legislature in 
 accordance with the constitutional provision met in joint 
 convention and elected Levi Cook, former Territorial 
 Treasurer, to the corresponding position under the State 
 government. Mr. Cook declined the position, and the 
 Legislature on March 1 elected Henry Howard of Detroit, 
 who accepted the position and became the first State 
 Treasurer, a position that he continued to hold until 
 April 27, 1839. Governor Mason had likewise on the 
 
212 STEVENS T. MASON 
 
 23rd of February nominated Robert Abbott for the office 
 of Auditor General. Two days later the Senate con- 
 firmed the nomination, and Mr. Abbott at once took up 
 the duties under the State government which for a con- 
 siderable time he had performed for the Territory. 
 
 While the Legislature at this session enacted many 
 laws of a salutary character, and while none could be 
 classed as either obstructive or vicious, yet there was con- 
 siderable legislation that indicated ambitions enter- 
 tained by the body of the people which a little later were 
 to contribute to a period of panic and disaster. Hope 
 and enthusiasm were in the ascendancy. The future 
 seemed bright mth promise; the wave of prosperity 
 which had swept westward, raising as if by magic the 
 proud commonwealths of Ohio, Indiana and Illinois, was 
 now setting full and strong toward the country of the 
 Great Lakes. The contagion of speculation was in the 
 air, and the people sought eagerly for the vantage points 
 from which to gather the increment which they reasoned 
 would soon result from increasing population. Henry 
 R. Schoolcraft, as a Commissioner of the General Govern- 
 ment, w^as even then negotiating a treaty at Washington 
 with the Ottawa and Chippewa nations of Indians, which, 
 with the exception of a few reservations, was to extin- 
 guish the Indian title to the greater portion of the Lower 
 Peninsula and as far west as the Chocolay River (about 
 Marquette) in the Upper Peninsula. On March 31, 
 Lucius Lyon, writing from Washington to the editors 
 of the Free Press, took occasion to say, '^Of the country 
 purchased, about 4,000,000 acres extending from the 
 Grand River north is kno^n to be fine land for settle- 
 ment, and within a very few years we shall no doubt see 
 
ORGANIZING THE STATE GOVERNMENT 213 
 
 towns springing up at the mouths of all the rivers flow- 
 ing into Lake Michigan, for a hundred miles north, if 
 not all around the Lower Peninsula. The Upper Penin- 
 sula is known to contain vast forests of the very best 
 pine, which is even now much w^anted in Ohio, Indiana 
 and Illinois and the southern part of Michigan and Wis- 
 consin, and must very shortly furnish the material of a 
 highly valuable trade. ' ' 
 
 Governor Mason was not uninfluenced by the general 
 spirit of elation which pervaded the community, and 
 Avith characteristic energy set about spreading, in true 
 American fashion, the news of the great opportunities 
 that were awaiting home seekers in the new State of 
 Michigan. The boundary dispute and the contest for 
 admission were calling the attention of the Nation to the 
 State, and the Governor supplemented their advertising 
 by other of a more positive character in the newspapers 
 of Albany and other cities of the East and by printed 
 circulars which detailed in glowing terms the advantages 
 of the country. 
 
 The enactments of the Legislature, the newspapers and 
 the correspondence of the public men all show that the 
 public at large were anxious to emulate Ohio and New 
 York in works of internal improvement. As early as 
 January 16, the settlers from the remote clearings of 
 Cass and Berrien Counties gathered for a Canal meeting 
 and other localities followed. ''Railroads and canals 
 mil one day make one broad garden of Michigan" was 
 the enthusiastic prophecy of the Free Press of March 
 23rd, a sentiment in which the papers of both political 
 parties seemingly acquiesced. The Legislature, almost 
 wthout division, enacted charters for banking institu- 
 
214 STEVENS T. MASON 
 
 tions bearing names which sufficiently designate their 
 location, as the Bank of St. Clair, the Bank of Clinton, 
 the Bank of Calhoun, the Bank of Oakland County, the 
 Bank of Manhattan, the last named being in the County 
 of Monroe. 
 
 The appointment of a Banking Commissioner was pro- 
 vided for, to receive three hundred dollars annually for 
 making examinations of the various banks every four 
 months. 
 
 New York had recently enacted a so-called "Safety 
 Fund" Act for the benefit of the creditors of banks and 
 other moneyed corporations, and it was used as the model 
 for a like enactment for Michigan. It gave to the Court 
 of Chancery jurisdiction over insolvent banks, and pro- 
 vided that each bank should annually on the first of Jan- 
 uary, pay to the State Treasurer one-half of one per 
 cent on its capital stock paid in, until a total of three 
 per cent had been paid in. This fund was to be invested 
 by the Auditor General, and the interest arising there- 
 from was to be used to pay the salary of the Banking 
 Commissioner, and the balance to be paid to the banks 
 which had contributed the principal. The ' ' Bank Fund, ' ' 
 as it was denominated, was to be used to make good 
 the debts of insolvent banks, and was to be replenished 
 from time to time as demands might be made upon it. 
 No one seems to have urged that such an Act was not suf- 
 ficient to furnish adequate protection against any finan- 
 cial stress through which the banks might be required to 
 pass, for a condition of crisis and general panic was 
 neither mthin their experience or conception. 
 
 The Legislature at this session, likewise, gave author- 
 ity for sixty-six State roads in various parts of the State, 
 
ORGANIZING THE STATE GOVERNMENT 215 
 
 connecting up so far as legal enactments could, the raw 
 settlement of the interior. Powers to construct dams 
 upon every considerable stream of the lower portion of 
 the State was granted to persons eager to harness their 
 currents to productive industry; but it was in railroad 
 promotion that the imagination of the enthusiast of 1836 
 found freest play. The Legislature at this session 
 granted charters for the Shelby and Belle River, the 
 Monroe and Ypsilanti, the Allegan and Marshall, the 
 Clinton and Adrian, the St. Clair and Komeo, the Pal- 
 myra and Jacksonburg, the Kalamazoo and Lake Mich- 
 igan, the Constantine and Niles Canal and Railroad, and 
 the River Raisin and Lake Erie, while the previously 
 chartered Detroit and Maumee was given authority to 
 construct the Havre branch, and the Erie and Kalamazoo 
 which was nearing completion from Toledo to Adrian 
 was granted divers amendments to its act of incorpora- 
 tion. These companies clearly indicate that their pro- 
 motors were yet far from divining the centers of indus- 
 trial development or the course of the great commercial 
 movements of the region, for the proposed roads varied 
 from but fifteen to fifty miles in length while the names 
 Havre, Palmyra, Shelby, and Belle River have long since 
 passed from the list of even prospective railroad ter- 
 minals. 
 
 On March 28 the Legislature adjourned sine die with 
 many measures pending and unconsidered. That the 
 adjournment had relation to the boundary question there 
 is no doubt. The opposition to the action of the Legisla- 
 ture in proceeding with general legislation before the 
 formal admission of the State had increased, as Congress 
 had seemingly shown no indication of being influenced 
 
216 STEVENS T. MASON 
 
 by it. The hesitance of some member as to the propriety 
 of such action during the first days of the session took 
 definite form on the 21st of February when John S. Barry 
 and four other members of the Senate spread their formal 
 protest against the ''advisability" and ''expediency" of 
 legislation at the time upon the Senate Journal. The 
 drift of congressional action upon the boundary question 
 from day to day was clearly against Michigan, and there 
 was a growing feeling that the independence of the legis- 
 lature was intensifying the situation. Lucius Lyon was 
 writing frequent letters from Washington to his political 
 friends in Detroit predicting the result that was to be 
 expected. The Free Press joined in the demand for an 
 adjournment, and was commended by Senator Lyon in a 
 letter to John S. Bagg, its editor, wherein he said among 
 other things, "I say to you in strictest confidence, that 
 the course pursued by the majority of our Legislature 
 has had the effect to create a prejudice against us here." 
 the letter concluding with the statement, "We shall lose 
 the disputed country, and by a much larger majority 
 than I had ever supposed. I understand the bill has 
 passed the Senate today with but three dissenting votes. 
 The political influence, together with the prejudice 
 excited against us is so strong that nobody will open his 
 mouth in our favor." 
 
 That Senator Lyon in those statements was but stating 
 what he foresaw was inevitable, and not his desire (as 
 his Michigan enemies argued) is shown by his letter of 
 two days later (March 12) to Dr. Zina Pitcher in which 
 he says, "All parties are courting the electoral votes of 
 Ohio, Indiana and Illinois and poor Michigan must be 
 
ORGANIZING THE STATE GOVERNMENT 217 
 
 sacrificed. We shall probably be allowed to come into 
 the Union if we surrender our rights, but the Union of 
 gamblers and pick-pockets, to a poor traveller who has 
 just been robbed, is hardly to be desired." 
 
CHAPTER XII 
 
 Conditions in Michigan in 1837 
 
 ALTHOUGH the ambitions of the people for statehood 
 had not been gratified, the faint blush of spring- 
 found Michigan with every outward promise of a highly 
 prosperous season. The border contest had at least one 
 beneficial result for the State ; it had advertised its pros- 
 pects and possibilities ; it had created an interest through- 
 out the East in the State's resources and people, and 
 with the departure of winter's barriers from roads and 
 streams the tide of immigration set in with unprece- 
 dented volume. It seemed as though there was hardly a 
 hamlet of New England or New^ York that was not send- 
 ing its delegation of pioneers. Everywhere people heard 
 the crude song of " Michigania, " the first lines of which 
 ran as follows : 
 
 "Come all ye Yankee farmers who wish to change yonr lot. 
 Who've spunk enough to traA'el beyond your native spot, 
 And leave behind the village where Pa and Ma must stay, 
 Come follow me, and settle in Michigania. — 
 Yea, yea, yea, in Michigania." 
 
 Overland through the dismal stretches of Upper Canada, 
 the white covered wagons of the immigrant moved in 
 slow procession : three hundred and eighteen such con- 
 veyances passed westward through the town of Chat- 
 ham in ten days. So frequent was the passage of their 
 wagons from Windsor to Detroit, that the Free Press on 
 May 24, chronicled the fact that the ferry boat Argo had 
 brought over twenty such outfits between the hours of 
 
CONDITIONS IN MICHIGAN IN 1837 219 
 
 nine and twelve o'clock; while on June 2, it contained a 
 notice to the effect that "the receipts from the sale of 
 public lands taken at the three land offices in the penin- 
 sula of Michigan during the month of May amounted 
 to rising of one million dollars." There were ninety 
 steam-boat arrivals at Detroit during the single month 
 of May, seven hundred passengers disembarking on the 
 one day of the 23rd. An estimate made at the time 
 showed that in the month of June on an average, a wagon 
 left the city of Detroit for the interior every five minutes 
 during the twelve hours of daylight. 
 
 Miss Harriet Martineau who was now (June 14th, 
 1836) a guest at the home of Governor Mason, and who 
 on the following day took her departure overland for 
 Chicago, has left us in her interesting work Society in 
 America, a graphic description of the scenes and condi- 
 tions that beset the pioneer on the best highw^ay in Mich- 
 igan, the ''Chicago road." 
 
 - "Starting westward in the early morning," she says,, 
 ' ' the brimming river was bright in the morning sun ; and 
 our road was for a mile or two thronged ^\itli Indians. 
 Some of the inhabitants of Detroit, who knew the most 
 about their dark neighbors, told me that they found it 
 impossible to be romantic about these poor creatures. 
 We, however, could not help feeling the excitement of 
 the spectacle, when we saw them standing in their singu- 
 larly majestic attitudes by the roadside or on a rising 
 ground ; one, with a bunch of feathers tied at the back of 
 his head; another, with his arms folded in his blankets; 
 and a third, with her infant lashed to a board, and thus 
 carried on her shoulders. Their appearance was dread- 
 fully squalid. 
 
220 STEVENS T. MASON 
 
 *'As soon as we had entered the woods, the roads 
 became as bad as, I suppose, roads ever are. Something- 
 snapped, and the driver cried out that we were 'broke 
 to bits. ' The team-bolt had given away. Our gentlemen, 
 and those of the mail-stage, which happened to be at hand, 
 helped to mend the coach; and we ladies walked on, gath- 
 ering abundance of flowers, and picking our way along 
 the swampy corduroy road. In less than an hour the 
 stage took us up, and no more accidents happened before 
 breakfast. We were abundantly amused while our meal 
 was preparing at Dannersville. One of the passengers 
 of the mail-coach took up a violin and offered to play for 
 us. Books with pictures were lying about. The lady of 
 the house sat by the window fixing her candle-wicks into 
 the moulds. On the piazza sat a party of emigrants who 
 interested us much. The wife had her eight children 
 with her; the youngest, puny twins. She said she had 
 brought them in a wagon four hundred miles, and if they 
 could only live through the one hundred that remained 
 before they reached her husband's lot of land, she hoped 
 they might thrive; but she had been robbed the day 
 before of her bundle of baby things. Some one had 
 stolen it from the wagon. After a good meal we saw 
 the stage passengers stowed into a lumber wagon; and 
 we presently followed in our more comfortable vehicle. 
 
 ''Before long something else snapped. The splinter- 
 bar was broken. The driver was mortified but it was 
 no fault of his. Juggernaut's car would have been 'broke 
 to bits' on such a road. We went into a settler's house, 
 where we were welcomed to rest and refresh ourselves. 
 Three years before, the owner bought his eighty acres 
 of land for a dollar an acre. He could not sell it for 
 
CONDITIONS IN MICHIGAN IN 1837 221 
 
 twenty dollars an acre. He shot, last year, a hundred 
 deer and sold them for three dollars a piece. He and 
 Ills family need have no fears of poverty. We dined well 
 nine miles before reaching Ypsilanti. The log houses, 
 always comfortable when well made, being easily kept 
 clean, cool in summer and warm in wdnter, have here an 
 air of beauty about them. The hue always harmonizes 
 with the soil and vegetation. Those in Michigan have 
 the bark left on, and the corners sawn off close ; and are 
 thus both picturesque and neat. 
 
 **At Ypsilanti, I picked up an Ann Arbor newspaper. 
 It was badly printed ; but its contents were pretty good, 
 and it could happen nowhere out of America, that so 
 raw a settlement as that at Ann Arbor, where there is 
 difficulty in procuring decent accommodation, should 
 have a newspaper. ' ' 
 
 So the author proceeds through many pages to describe 
 the scenes and impressions gained from bad roads, set- 
 tlers' homes and the primitive villages through which 
 they passed, and where nightly they sought shelter. 
 Sleeping sometimes, as she says '' ranged like walking- 
 sticks or umbrellas on the shop-counter," she catches the 
 spirit of the occasion and is unmindful of the discom- 
 fitures that are ever present. The park-like forests, the 
 rolling prairies, the ever present flowers and the songs of 
 the birds lead her to exclaim, '* Milton must have trav- 
 elled in Michigan before he wrote the garden parts of 
 'Paradise Lost.' " Even the following of the blazed trail 
 and toiling over bottomless roads was relieved from tedi- 
 ousness by the wit and humor of the immigrant and fellow 
 traveler, for she says, ''Their humor helps themselves 
 and their visitors through any 'Sloughs of Despond,' 
 
222 STEVENS T. MASON 
 
 as charitably as their infinite abundance of logs help them 
 through the swamps and over the bad roads." 
 
 If such was the experience of the traveler in comforta- 
 ble conveyance over the best highway the State could 
 boast, we may well imagine the experience of the sturdy 
 pioneer who with valiant wife and a numerous brood of 
 children loaded in a ponderous wagon behind leisurely 
 moving oxen, sought the locations in the still newer and 
 more remote counties to the north and west. 
 
 But not all the people drawn to Michigan by the fever 
 of emigration sought homes in the interior ; many identi- 
 fied themselves with Detroit, and the boom of the metrop- 
 olis exceeded, if possible, that which came to interior 
 localities. There were insufficient dwellings to accommo- 
 date the new accession of population, and everywhere 
 were to be seen the evidences of the growth incident to 
 the new order of things. Originally, and in a state of 
 nature, the Cass farm at the intersection of Jefferson 
 Avenue and Second Street, fronted the river with a high 
 bank. To render the land suitable for building pur- 
 poses necessitated the grading off of more than a hun- 
 dred thousand yards of soil. To accomplish this, a large 
 force of laborers were employed in the early spring of 
 1836. But for some cause unknown, but which was 
 undoubtedly supplemented by liberal potions of strong 
 drink, the laborers to the number of more than a hundred 
 fell into a fierce fight of such a character that the officers 
 were unable to quell it. This circumstance emphasized 
 what had long been considered, namely, the need of a 
 military organization that would respond to local author- 
 ities. This led to the organization in the month of May, 
 of the justly famed Brady Guards, named in honor of 
 
CONDITIONS IN MICHIGAN IN 1837 223 
 
 General Hugh Brady, the memory of whom still lingers 
 as of a man of more than ordinary virtues and attain- 
 ments. Alpheus S. Williams was chosen captain, and for 
 many years the company not only rendered efficient serv- 
 ice in the line of its duty, but became one of the helpful 
 social adjuncts of the community. 
 
 Another organization that exerted a most potent influ- 
 ence in the social and intellectual life of Detroit, the 
 Detroit Young Men's Society, received its corporate 
 existence from an Act of the Legislature approved 
 March 26. This society composed of the younger men of 
 talent and character in the city, had already had an 
 independent existence of some four years, and was soon 
 possessed of the only considerable library in the city that 
 could be considered public in character. During the 
 winter months the society held weekly meetings, when 
 literary exercises and debates were furnished as the 
 entertainment to large and appreciative- audiences. Upon 
 the platform of this society at this time and i-n later years, 
 appeared some of the foremost men of the nation. 
 Detroit furnished few men in the larger affairs of busi- 
 ness, professions, or politics in the earlier years of the 
 State's history who had not been actively affiliated with 
 the Detroit Young Men's Society. Governor Mason 
 earlier became a member of this society, a relation he 
 continued to the end of his life. He frequently partici- 
 pated in the society debates, and upon one occasion, not 
 far from this time, delivered an extended and carefully 
 prepared address before the society, taking for his sub- 
 ject "The Northwest," showing in his treatment of the 
 theme a knowledge of the historic incidents involved that 
 was quite unusual. 
 
224 STEVENS T. MASON 
 
 Historians have devoted considerable space to that 
 article of the Ordinance of 1787, which provided among 
 other things, *' there shall be neither slavery nor involun- 
 tary servitude in the said Territory, otherwise than in 
 the punishment of crime, whereof the party shall have 
 been duly convicted." Its authorship has been claimed 
 for many eminent men of that day and various motives, 
 all praiseworthy, have been ascribed for its inclusion in 
 the organic law for the great Territory from which jfive 
 States were subsequently formed, States which became 
 the determining factor, when in subsequent years the 
 struggle came that settled the question of human bond- 
 age. Dr. Hinsdale, in his admirable work The Old North- 
 west, writing on the subject says, ''The first draft of the 
 Ordinance of 1787 did not contain the prohibition; but 
 Mr. Dane, who was a member of the committee of July 
 9th and who wrote that draft, brought it forward on the 
 second reading apparently on the suggestion from Vir- 
 ginia." Inasmuch as Governor Mason was a Virginian 
 and intimately related to many of the men of power and 
 influence in the Dominion of that day, his statement as 
 to the reason that prompted Virginia to desire such a 
 provision in the Ordinance, is of more than passing inter- 
 est. In this connection, in his address. Governor Mason 
 said, ''Slavery was forbidden forever. It may not be 
 unimportant to mention in reference to this provision, 
 that Virginia made the provision a condition of her act 
 of cession. The object and policy of Virginia in requir- 
 ing such a condition was for a long time unknown to me, 
 and is not disclosed by the records of the country of that 
 day. She was a slave-holding State herself and prohib- 
 ited the increase of slaves States five in number. I find 
 
DANIEL LEROY, 
 Member of the Territorial Couiu-il 1830-31. First Attorney General of Michigan. 
 
Chanocll. 
 
 ELOX FAKNSWOKTIl 
 )t' the State of Michigan, 1S3G-1S42. 
 
WILLIAM ASA FLETCHER. 
 First Chief Justice of Michigan. 
 
CONDITIONS IN MICHIGAN IN 1837 225 
 
 upon inquiry, however, that it arose from jealousy of 
 her own strength in reference to the old States in the 
 Confederacy. Her delegation in Congress at the head of 
 which was Mr. Monroe, apprehended that emigration to 
 the Northwest would diminish her population and thus 
 lessen her strength in the Federal Councils. By prohib- 
 iting slavery in the States to be formed, her own people, 
 the holder of slaves would be compelled to remain at 
 home. Thus whilst New England and New York would 
 be drained of their population, Virginia would retain 
 her ascendancy. How short-sighted the policy of man 
 when the hand of God seems to direct the affairs of this 
 world. By this narrow act of Virginia an empire of 
 States has sprung into existence, released and freed from 
 the blighting course of a system, which we all deplore 
 though we cannot now remove it. ' ' 
 
 If such be the true explanation of the motive which 
 prompted Virginia to assist in the adoption of this impor- 
 tant provision in the Ordinance of 1787, well may we say 
 with Governor Mason, ''How short-sighted the policy of 
 man," for had Ohio, Indiana, and Illinois become slave- 
 holding States, as but for the prohibition of the Ordinance 
 they would have been, the issue of the great conflict of 
 1861-65 must have had a far different termination. 
 
 News of the congressional action of June 15, which con- 
 ceded the demands of Ohio and gave to Michigan terri- 
 torial compensation in the Upper Peninsula with right 
 of admission into the Union conditioned upon the accep- 
 tance of the boundaries as fixed by Congress through the 
 assent of a convention of delegates elected by the people 
 of the State, was received with evidences of extreme dis- 
 pleasure. Had Congress passed an Act of admission giv- 
 
226 STEVENS T. MASON 
 
 ing to Ohio the strip she claimed, and leaving to Michigan 
 the right to judicial determination of the question 
 involved in her southern boundary, there would have 
 been small complaint; but to have the lines fixed and 
 determined and then to foreclose to appeal to the courts 
 by making admission depend upon assent through repre- 
 sentatives duly chosen, was to the minds of many, heap- 
 ing insult upon injury. As a sugar coating to the pro- 
 visional Act of admission, Congress passed an Act which 
 received approval on the 23rd of June, granting to the 
 State, lands for the following purposes : 
 
 First, Section number 16 in every township of public 
 lands ; and where such section had been sold or dis- 
 posed of, then other lands of equal value to the State 
 for the use of schools. 
 
 Second, seventy-two sections of land that had been 
 granted to the Territory for a seminary of learning 
 were regranted to the State for the support of the 
 University. 
 
 Third, five entire sections of land to be selected in legal 
 divisions of not less than one quarter section for the 
 purpose of public buildings. 
 
 Fourth, all salt springs within the State not exceeding- 
 twelve in number with six sections of land adjoining. 
 Five per cent of the net proceeds of the sale of all 
 public lands lying within the State, which have been 
 or shall be sold by Congress from and after the first 
 day of July 1836, to be appropriated for the making 
 of roads and canals within the State. 
 
 This grant of public lands was not materially different 
 from the grants of lands to other States by the General 
 
CONDITIONS IN MICHIGAN IN 1837 227 
 
 Government at the time of their admission, but in Mich- 
 igan the grant being supplemental to the Act of admis- 
 sion, it was urged as an inducement by those who favored 
 acquiescence in the terms proposed, — a by no means con- 
 siderable number of the people. 
 
 The most important thing in connection with the grant 
 of the lands for school purposes was, that instead of the 
 lands being granted to the various townships for the sup- 
 port of the schools within such townships and being dis- 
 sipated by the various townships of the State, they were 
 granted to the State, and so became the basis of the 
 State's primary school fund. This highly beneficial 
 departure from the system of granting lands to town- 
 ships as had been done previously, was the fruit of the 
 wise forethought of Hon. Isaac E. Crary, then awaiting 
 the privilege of a seat in Congress to which he had been 
 elected by the people of Michigan. ' 
 
 Another event that had a direct bearing upon the 
 status of Michigan was to be found in the fact that on 
 April 20, 1836, the Territory of Wisconsin had been cre- 
 ated, to begin her career of independence on the 4th of 
 July following, so that there was to be no Territorial 
 appendage to keep Michigan from accepting the terms 
 proffered. Then as though to give to a few of the lead- 
 ers in the State an incentive for at least not being over- 
 zealous in their sentiments of opposition to the high- 
 handed program of the Government, Congress on the 1st 
 of July made due provision for the courts and officers 
 of the United States, the law to become effective when 
 the State was admitted. To the offices thus created the 
 President at once nominated and the Senate confirmed, 
 Ross Wilkins as District Judge, Daniel Goodwin as Dis- 
 
228 STEVENS T. MASON 
 
 trict Attorney and Conrad Ten Eyck as Marshal, their 
 respective commissions to issue upon the contingency of 
 the State's admission into the Union. 
 
 As soon as Governor Mason received official notice of 
 the action taken by Congress, he issued his proclamation 
 convening the Legislature in extra session on Monday, 
 the 11th day of July. Upon the assembling of the Legis- 
 lature, the Governor submitted a message, which very 
 ably presented the conditions imposed upon Michigan by 
 the action of Congress, while it clearly argued their injus- 
 tice and diplomatically called attention to the futility of 
 resistance; although he specifically disclaimed any pur- 
 pose to suggest a policy which should be personal because 
 the matter had been submitted to the decision of a con- 
 vention to be selected by the people. In view of his past 
 experience and the state of public feeling, the message 
 was a document of exceptional dignity and temper well 
 calculated to at least pave the way for the acceptance 
 of the inevitable. He did not, however, alienate the con- 
 fidence and support of the friends with whom he had 
 labored by a spiritless acquiescence in the program that 
 superior power had dictated. ' ' I find it difficult, ' ' said the 
 Governor, ''to express the feelings which are naturally 
 excited upon this occasion, or to allude to this dismem- 
 berment of our Territory in that respectful language, 
 which is perhaps due to those whose hands it has been 
 effected. I feel as every citizen of Michigan must feel, 
 that the decision of Congress has been made in violation 
 of every principle of justice, and that to put censure 
 where it is due is the prerogative of the people; that 
 the result of their labors is but the triumph of might 
 over right, based upon considerations of temporary 
 
CONDITIONS IN MICHIGAN IN 1837 229 
 
 expediency ; and that the stamp of its legitimacy is to be 
 wrung from the unwilling assent of a patriotic and high 
 minded people. In fact, the question of right between 
 the parties has been avowedly disregarded by Congress, 
 and their action placed upon the exclusive ground of 
 expediency." Speaking further of the injustice of the 
 action of Congress he said, ''However much the people 
 of Michigan may doubt the power of the General Govern- 
 ment to alter the constitutional boundary of their State, 
 they would have yielded respect to their legislation from 
 patriotic consideration, had Congress been content with 
 the simple exercise of their power. They would have 
 declared as they now do, the legislation to be unconstitu- 
 tional, but as citizens of the United States, they would 
 have silently acquiesced in it, appealing to another 
 tribunal for the peaceable and constitutional redress 
 secured to them by the institutions of their country. But 
 they are denied such an alternative, and are driven to 
 other extremes, — resistance or unqualified submission. 
 We are told that we shall not question the pr6ceedings 
 of Congress, that unless we give our assent to a system of 
 legislation wdiich we believe to be oppressive, illegal and 
 unjust, we shall be denied admission into the Union on an 
 equal footing with original States. Thus are we to be 
 deprived of one right, unless we surrender another equally 
 sacred, the right of an appeal to the federal judiciary ; 
 a right sacred to the humblest individual, who may desire 
 to approach a tribunal, framed to protect him against 
 injustice and oppression, and intended to check the dif- 
 ferent departments of our Government in the exercise of 
 arbitrary and unconstitutional power." 
 But however correct the Governor's statement of the 
 
230 STEVENS T. MASON 
 
 situation and their violated rights, he was not led into a 
 recommendation that their rights be maintained at any- 
 cost. He showed rather that he foresaw the ultimate 
 outcome when he said, "I trust my fellow citizens will 
 credit me when I declare, that no one can feel more deeply 
 than myself the humiliation of the sacrifice we are called 
 upon to make. The preservation of the integrity of our 
 Territorial limit, has always been the highest object of 
 my ambition. The boundaries claimed by us are our 
 sacred rights, secured by an instrument as binding and 
 sacred as the wisdom of man could frame it; and could 
 we now calculate upon maintaining those boundaries with 
 any hope of success, it would be our duty still to hazard 
 the undertaking. In that hope I cannot be sanguine. I 
 indulge in the reflection that I have shown heretofore, 
 that no personal interest could govern me in my official 
 conduct when the rights of those with whom I am identi- 
 fied demanded the sacrifice ; and when I am reminded of 
 the favor with which that sacrifice has been received by 
 my fellow citizens, and how much I owe to it my present 
 elevation, I would prove recreant to my own reputation 
 and an ingrate to the people, could I now advise an unnec- 
 essary abandonment of their cause. "Were I to consult the 
 first impulse prompted by the feelings which every citizen 
 in Michigan must acknowledge, I might be led into a de- 
 termination to resist the legislation of Congress ; but as a 
 public officer, called upon to discard excited feelings, 
 and warrant that the permanent interests of the State 
 are not to be overlooked, I should violate my duty did 
 I recommend to my fellow citizens to embark hi a con- 
 troversy, offering so little hope of gain, but the certainty 
 
CONDITIONS IN MICHIGAN IN 1837 231 
 
 of permanent loss and lasting injury to ourselves and to 
 the nation." 
 
 It is needless to say that many people did not view 
 the matter with that judicial temper which the Governor 
 exhibited. Many were exasperated by what they believed 
 to be an unwarranted assault upon the rights of Mich- 
 igan, and, not being charged with responsibility, were 
 for remaining out of the Union forever rather than to 
 enter at the cost of justifiable State pride. There were 
 others, Whigs in politics, who a few months before were 
 characterizing the actions of the Governor in the bound- 
 ary question and on the formation of a State government 
 as lacking in wisdom and constitutional warrant who now 
 were equally free with their criticism of the ''hero of the 
 bloodlesi plains of Toledo," as they saw fit to call the 
 Governor, for his ''surrender of the sacred rights of free 
 people." 
 
 The bill or ordinance for the calling of the Convention 
 as required by the Act of Congress became a law by 
 the Governor 's approval on the 25th of July, but not until 
 it had been subjected to all manner of previous amend- 
 ment and subjected to committees of conference and other 
 parliamentary procedure; for there was a great diversity 
 of opinion among the members as to how the Convention 
 should be constituted and as to how the expression of the 
 people should be taken. The law provided for a Conven- 
 tion of fifty delegates, to be distributed among the coun- 
 ties according to population; the counties of Wayne, 
 Monroe, Oakland, Washtenaw, Livingston and Lenawee 
 absorbed twenty-nine of the number. The election was 
 provided for the second Monday of September and the 
 
232 STEVENS T. MASON 
 
 Convention was to meet on the fourth Monday of Septem- 
 ber next ensuing, at the court house in the village of 
 Ann Arbor. The Legislature considered a few other mat- 
 ters of minor importance and adjourned on the 26th of 
 July. As the law creating the State judiciary, by its 
 terms went into effect on the 4th of July, and as with the 
 creation of the Territory of Wisconsin there was no 
 longer danger of conflict of authority, the Governor on 
 the 18th of July nominated and the Senate confirmed 
 the members of the Supreme Court ; William A. Fletcher 
 of Ann Arbor and the second circuit was the first named, 
 and consequently was Chief Justice; George Morell of 
 Detroit and the first circuit, and Epaphroditus Ransom 
 of Kalamazoo and the third circuit, were associate jus- 
 tices. On the same day Daniel LeRoy of Pontiac was 
 likewise nominated and confirmed as Attorney General; 
 while Elon Farnsworth, by the same forms was made 
 Chancellor. On July 26, the day of adjournment, John 
 D. Pierce was nominated for the office of Superintendent 
 of Public Instruction and unanimously confirmed by the 
 votes of the members of House and Senate in joint 
 assembly. 
 
 William Asa Fletcher, the first Chief Justice of Mich- 
 igan, was born at Plymouth in the State of New Hamp- 
 shire, June 26, 1788. His father, Joshua Fletcher, was 
 an intelligent farmer of the community, who while not 
 an ordained clerg^anan, yet frequently filled the pulpits 
 of the Congregational Church of his village and the 
 neighboring town of Bridgewater. The mother, Sarah 
 (Bro^^Ti) Fletcher was of a prominent New Hampshire 
 family. William A. was the sixth son of this sturdy New 
 England family, and the culture which he received under 
 
CONDITIONS IN MICHIGAN IN 1837 233 
 
 the paternal roof was supplemented by the best educa- 
 tional advantages the parents were able to give. In 
 early life Fletcher embarked in the mercantile business, 
 residing, as the records would seem to indicate, at both 
 Salem and Boston. Later he removed to Scoharie 
 County in the State of New York. It was while a resident 
 of this place that he took up the study of the law. 
 Equipped for its practice, he journeyed to Detroit where 
 he opened an oflSce and soon had a respectable clientage. 
 The biographical material left by Judge Fletcher is not 
 extensive, but enough exists to show that he was a man 
 of more than ordinary talents. At the laying of the cor- 
 ner stone of the old Territorial capitol on the 22nd of 
 September, 1823, he was selected as the orator of the 
 occasion, and the same year was selected as Chief Justice 
 of the Wayne County Court, a position to which he was 
 again chosen the following year. He also served the Ter- 
 ritory as Attorney General, and in 1830 represented 
 Wayne County on the Territorial Council. Upon the 
 creation of the circuit courts in 1833, Judge Fletcher was 
 appointed to the circuit comprising the territory outside 
 of Wayne County, and because of that appointment took 
 up his residence at Ann Arbor, his spacious log house 
 standing upon land that now forms a part of the Uni- 
 versity campus. He was a member of the Michigan His- 
 torical Society, and generally interested in the various 
 movements of community progress. In 1836 he was 
 chosen by the Legislature a commissioner to prepare and 
 arrange a code of laws for the State. This work was 
 completed and was ultimately adopted by the Legislature 
 as the Eevised Statutes of 1838. It was Judge Fletcher 
 who, more than any other judge of the early day, 
 
234 STEVENS T. MASON 
 
 traversed the Michigan wilderness astride his faithful 
 steed, his saddle-bag the repository of his library and 
 personal necessities. In many of the court journals of 
 that day the signature of Judge Fletcher can still be seen 
 testifying to his presence in counties far remote the one 
 from the other. Judge Fletcher served upon the Supreme 
 bench until 1842 when he resigned. The last years of his 
 life were unfortunately spent under conditions that weak- 
 ened his hold upon the people. His wife became hope- 
 lessly insane and the judge became addicted to intoxi- 
 cants to a degree that was beyond the tolerance of the 
 time when even a large degree of conviviality was 
 allowed. Before his death, however, he rallied from the 
 habit that had been his undoing, but never to regain 
 his former eminence. He died at Ann Arbor September 
 19, 1852, without child or relatives in Michigan to mark or 
 care for the place of his interment. A few years ago, labor- 
 ers in laying a waterpipe through an abandoned cemetery 
 in Ann Arbor, which is now Felch Park, came upon a 
 metallic casket in an unmarked grave. An aged resident 
 identified the casket as the one in which Judge Fletcher 
 w^as buried. The casket and remains were re-interred 
 and it would be to the honor of Michigan if she marked 
 in simple style the last resting place of her first Chief 
 Justice who, though he yielded to some of the weaknesses 
 of humanity was, nevertheless, an able and incorruptible 
 judge. ^ 
 
 In 1918 under the auspicies of the Michigan Pioneer and Histor- 
 ical Society, the State Bar Association, tlie University of 
 Michigan, and the city of Ann Arbor, the remains of Judge 
 Fletclier were disinterred and and removed to Forest Hill 
 cemetery, Ann Arbor, where later an appropriate marker will 
 be placed. — Ed. 
 
CONDITIONS IN MICHIGAN IN 1837 235 
 
 George Morell of Detroit, the associate justice of the 
 second circuit, was a native of the State of Massachus- 
 etts, having been born at Lenox in that State March 22, 
 1786. He was a man of refined tastes and liberal educa- 
 tion, having been a student at Lenox Academy and a 
 graduate of William's Colleg^e in the class of 1807. His 
 legal education was obtained in the city of Troy, New 
 York, where with Reuben H. Walworth and William L. 
 Marcy he was a student in the office of John Russel. 
 Admitted to the bar in 1810, he took up his residence at 
 Cooperstown, New York, which continued to be his home 
 until 1832, when, by appointment of President Jackson, 
 he was made one of the United States Judges for Mich- 
 igan. His political activity is evidenced by the fact that 
 during his residence at Cooperstown he became Clerk of 
 the Court of Common Pleas for Otsego County, and 
 Master in Chancery and Judge of the Court of Common 
 Pleas ; while in 1828 he was elected to a seat in the New 
 York Assembly. Judge Morell during his New York 
 residence took a keen interest in military matters and 
 rose through all the ranks of the State service to the 
 position of Major General. His son, George Webb 
 Morell, evidenced the same tastes and was graduated from 
 West Point in 1835, lived to fill an honorable position at 
 the bar of New York and to serve with distinction as 
 a brigade and division commander in the Army of the 
 Potomac. Judge Morell, although a man of fine ability 
 and courtly bearing, did not escape the ruthless attack 
 of the personal and political brigades, who in Michigan 
 from the years 1830 to 1840 held no name or position 
 sacred. Upon charges once preferred against him by 
 certain citizens of Macomb County, while they were given 
 
286 STEVENS T. MASON 
 
 the dignity of legislative investigation, the investigation 
 resulted in his exoneration. Judge Morell was ambi- 
 tious for reappointment to the United States judgeship 
 upon the admission of the State, as were both Judge Wil- 
 kins and Daniel Goodwin; Wilkins being from Pennsyl- 
 vania and having the indorsement of his personal friend, 
 James Buchanan, won, and the Attorney Generalship 
 going to Goodwin left Morell to be cared for in the State 
 administration. Upon the resignation of Judge Fletcher 
 in 1842, he became Chief Justice, holding that position 
 at the date of his death which occurred at Detroit March 
 8, 1845. His funeral was attended by the State Legisla- 
 ture and the Detroit bar, which testifies to the fact that 
 he was a man of rare social graces and one who, as a 
 judge, presided with great dignity and brought to the 
 discharge of his judicial duties high legal attainments 
 and untiring industry. 
 
 Epaphroditus Ransom of Bronson (later Kalamazoo) 
 in the third judicial circuit was likewise a product of 
 Massachusetts, having been born at Shelburne Falls in 
 February, 1797. His father, Ezekiel Ransom, had seen 
 service as a Major in the Revolutionary War, while his 
 mother was the daughter of General Fletcher of Town- 
 shend, Windham County, Vermont. It was here that he 
 grew to manhood, his time being employed either upon 
 the rugged hillsides of the grandfather's farm, teaching 
 or attending school. After graduating from Chester 
 Academy, he determined to become a lawyer, and return- 
 ing to Townshend entered the office of Judge Taft of 
 that place, having for his fellow student the son of his 
 preceptor, Alphonzo Taft, later Attorney General of the 
 United States and father of President William H. Taft. 
 
CONDITIONS IN MICHIGAN IN 1837 237 
 
 After two years in the office of Judge Taft, he entered 
 the law school at Northampton, Mass., and graduated 
 with the class of 1823. Following his admission to the 
 bar he began to practice law, and enjoyed for some years 
 a successful business. Although a Democrat in politics, 
 and thus of the minority party, he was returned several 
 sessions to the lower house of the Vermont Legislature. 
 In the fall of 1834 the rising tide of Eastern emigration 
 drew him to Michigan, and no doubt the glowing accounts 
 from that other Vermonter, Hon. Lucius Lyon, of the 
 rich prairies of Kalamazoo County determined him to 
 locate at Bronson, which he did in October when some 
 twenty houses and not to exceed one hundred souls con- 
 stituted what was to be in time the city of Kalamazoo; 
 thus he had been hardly two years a resident of Mich- 
 igan when made a member of the Supreme Court. But 
 Judge Ransom soon impressed his personality upon those 
 beyond the immediate circle of his pioneer acquaintances. 
 Tall and straight, of strong physique, approachable and 
 simple in his habits, he soon became a man of more than 
 ordinary popular regard. He was made Chief Justice 
 in 1843 by appointment of Governor John S. Barry, a 
 position he continued to hold until elected Governor in 
 1847. Although elected Governor by a majority of the 
 vote of every county in the State, he held the position but 
 one term, his position in support of the Wilmot proviso 
 raising an issue that defeated him for renomination. 
 His experience was unique, in that after having served the 
 State as its chief executive, he served in the State Legis- 
 • lature as the representative of Kalamazoo County. Gov- 
 ernor Ransom took a deep interest in agricultural pur- 
 suits; the Michigan Agricultural Society was organized 
 
238 STEVENS T. MASON 
 
 during his administration and he became its first presi- 
 dent. Governor Ransom suffered serious financial 
 reverses in the later years of his life as the result of which 
 he was led to accept the appointment of receiver of the 
 Osage Land Office in the Territory of Kansas from Presi- 
 dent Buchanan. He died at Fort Scott, Kansas, Novem- 
 ber, 1859, his remains being subsequently returned for 
 interment in Mountain Home Cemetery of that place. 
 
CHAPTER XIII 
 
 Michigan Admitted to the Union 
 
 'T^HE election for delegates to the Convention of Assent 
 ^ was duly held in the various counties of the State 
 in accordance with the provisions of the law which the 
 special session of the Legislature had enacted. The issue 
 did not pass, however, without comment and heated dis- 
 cussion. The Democratic papers generally, except a few 
 upon the southern border, were in favor of giving assent 
 to the conditions imposed. The Free Press, ofiered con- 
 solation in the form of yielding to "preserve the har- 
 mony of the Union ; ' ' offered hope that the Upper Penin- 
 sula might after all be of some value and that it might 
 be possible to get territory at the expense of Wisconsin. 
 The Whig press was more inclined to expend rhetoric 
 on wrongs imposed and rights withheld; and on the 
 night of September 2nd, the forces of dissent in Detroit 
 held a meeting to voice one more protest against yielding 
 to Ohio. The election passed, and the delegates assem- 
 bled at Ann Arbor on Monday the 26tli with forty-nine 
 delegates present; every county or district was repre- 
 sented excepting only the county of Michilimackinac, 
 whose one representative, if elected, did not appear. 
 Upon the assembling of the Convention on the following- 
 day to effect the permanent organization, there w^as an 
 evident test of strength on the election of oflficers, the 
 Dissenters winning by substantially the same vote mth 
 which they carried every proposition in the Convention, 
 
240 STEVENS T. MASON 
 
 William Draper, a reputable attorney of Oakland County, 
 was chosen President, while Chas. A. Jefferies of Washte- 
 naw and Samuel Yorke Atlee of Kalamazoo were chosen 
 Secretaries and Martin Davis was made Sergeant-at- 
 Arms. Austin E. Wing and Edward D. Ellis led the fight 
 for the Dissenters, and the Assenters went down to defeat 
 under Eoss Wilkins (of Lenawee) and John McDonald 
 of Wayne. Communications were received as to the 
 boundary survey from the engineers conducting the same 
 and from residents upon the disputed territory, solemnly 
 protesting against the power that would surrender them 
 to Ohio. Wilkins and his followers sought to have 
 adopted a preamble and resolution agreeing to the terms 
 imposed by Congress, coupled with a mild protest against 
 the power exerted; but by vote of twenty-eight to twenty- 
 one the resolution of dissent was adopted. This action 
 brought a signed protest upon the records from the 
 Assenters, as it did an ''expose" from the same gentle- 
 men when the majority selected Messrs. Andrew Mack 
 of Wayne, and Austin E. Wing and Eobert Clark of Mon- 
 roe as delegates to visit Washington on the part of the 
 Convention to co-operate with the Senators and Eepre- 
 sentatives of this State in "advancing its rights." 
 
 The Convention finished its labors and adjourned on 
 September 30. In accordance mth instructions, Austin 
 E. Wing addressed a lengthy communication to President 
 Jackson explanatory of the majority position, and 
 Edward D. Ellis and four other delegates, under like 
 instruction from the Convention, issued a lengthy 
 address to the people again reviewing the history and 
 injustice of the boundary contest. The address closed 
 with a rhetorical flourish which, while it may have been 
 
GEORGE MORBLL 
 Member of the State Suinv'iiie Court from 1S36, becoming a Chief Justice iu 1S42. 
 
EPAPHRODITUS RANSOM, 
 
 Member first State Supfciiie Court. Chief Justice in 1S43, and elected Governor 
 
 in 1S47. 
 
ROBERT McClelland 
 
 Member of the first State Constitutional Convention. During Gov. Mason's term, 
 member of the State Legislature. Later chief spokesman of the anti- 
 slavery cause in Michigan, and Governor of the State, 1851-53. 
 
MICHIGAN ADMITTED TO THE UNION 241 
 
 impressive then, is humorous now. ''When we reflect, 
 fellow citizens," it concluded, ''upon the fearful array 
 with which you had to contend for the choice of your 
 delegates to the late Convention, the ofiBcial influence 
 exercised, the power of the press enlisted, in short every 
 argument urged which could effect your avarice, your 
 ambition, your fears, or your hopes to influence you to 
 plainly assent to the surrender of a portion of your soil, 
 we think we have reason to most cordially congratulate 
 you; and well, fellow citizens, may we be proud of the 
 name of Michigan! and safely may we say that the 
 struggle which has just closed, perhaps but for a moment, 
 has been one of the most glorious triumphs of principle 
 over the intrigues and management of selfish individuals 
 that has been achieved since the adoption of the Federal 
 Constitution. 
 
 "Finally, fellow citizens, we solemnly call upon you 
 to stand upon principle; abandon this and what have 
 you left? We have addressed you not as the heralds of 
 a party but as citizens of one and the same community 
 as yourself, seeking nothing at your hands. Our only 
 desire is that you unite, like a band of brothers upon 
 the great question of your Territorial rights, forgetting 
 minor differences and compromising opinions ; and as far 
 as the united efforts of more than two hundred thousand 
 freemen can do, extricate your new State from the diffi- 
 culties and injuries of the past and forever preserve 
 inviolate its integrity, its character, and its sover- 
 eignty. ' ' 
 
 When we reflect that the chairman who penned this 
 soul-stirring address but a few weeks before as a member 
 of the State Senate had joined with others in a signed 
 
242 STEVENS T. MASON 
 
 protest against all legislative action because of appre- 
 hended conflict with the national authorities and for fear 
 their action would be construed as lacking in respect to 
 the ''President of the United States and the able and 
 worthy men who compose his Cabinet," we can imagine 
 that it failed to convince those gentlemen who were 
 impatiently awaiting the day when they would be officers 
 of a State within the Union and those other gentlemen 
 appointed to federal positions within the State, whose 
 emoluments were contingent upon the same event. In 
 the Convention, of the twenty-one votes in favor of 
 assent, twelve were from the counties of Wayne and 
 Lenawee. The Dissenters, by combining the seven votes 
 of Washtenaw and Livingston with the six from Oaklan.l 
 and the four from Monroe commanded a majority of five, 
 while in the division of the twenty votes of the counties 
 that had from one to two votes each as in some instances, 
 but one vote for from two to four counties, they received 
 eleven votes while the forces of assent could rally but 
 nine. The action of the Convention again precipitated 
 public discussion and people as usual began to give the 
 matter the benefit of their second thought. The more 
 impulsive had freed their minds; they had entered their 
 most vigorous protest against a law that was to bring 
 them into the Union "mutilated, humbled and degraded," 
 and had answered in the negative their own question as 
 to whether they would be sold "like Joseph into Egypt," 
 as the price of admission into the Union. They had 
 written into the records of the State their solemn con- 
 viction that "Congress cannot deprive us of representa- 
 tion, nor can they bestow upon Ohio a part of our domain 
 without our consent, consistent with the Constitution 
 
MICHIGAN ADMITTED TO THE UNION 243 
 
 and the Ordinance of 1787, ' ' and they had insisted that if 
 such things could be done 'Hhen our liberties would 
 indeed be held by a frail tenure." But after it was all 
 said, their sober second thought told them their terri- 
 torial limits had been mutilated and that Ohio was in 
 actual possession of the strip carved off and would 
 be maintained there if need be by the forces of the United 
 States, and that whether they were to be humbled or 
 degraded depended largely upon how they looked at it. 
 It was well enough to say when the excitement was on 
 that they would remain a State out of the Union but 
 when the excitement was over there was no one to give 
 any assurances as to how long they might remain out or 
 what was to be gained by remaining out, while there were 
 many showing where the State was to suffer very sub- 
 stantial losses by not submitting to the inevitable at once. 
 The National Government was about to try the experi- 
 ment of distributing the surplus revenue of the Govern- 
 , ment among the States. The newspapers now renewed 
 the assertion that unless Michigan secured formal admis- 
 sion by January 1, she would not share in the distribu- 
 tion and would likewise lose her share of the five per 
 cent on the sales of public lands, a sum that was variously 
 estimated at from four hundred thousand to six hundred 
 thousand dollars. The President was said to have given 
 extra official confirmation to this statement, and to give 
 it further evidences of verity, the Secretary of the Treas- 
 ury, Hon. Levi Woodbury, was induced to write a letter 
 to the effect that the money could not be paid to State 
 until its admission ; the limit of January 1, or any other 
 time was not specified by him, but of course, readily sup- 
 plied by the imagination of those whose purpose the claim 
 
244 STEVENS T. MASON 
 
 best served. Many other considerations were advanced, 
 but the loss of the money was the proposition upon which 
 greatest emphasis was placed, for it involved the post- 
 ponement of many cherished projects of internal 
 improvement. The combined causes unquestionably pro- 
 duced a marked change in public opinion and when on the 
 29th of October following, the Wayne County Democratic 
 County Convention assembled, it by unanimous vote of 
 its one hundred and twenty-four delegates adopted a 
 preamble and resolutions favoring "prompt acquies- 
 cence" in the terms proposed for admission, and 
 requested the Governor to issue a proclamation recom- 
 mending an election of delegates to another Convention 
 to consider the question of assent, when he should be 
 satisfied that the people of Michigan so desired. 
 
 Elections for members of the State Legislature soon 
 followed, and in many districts the electors expressed 
 themselves upon the statehood question in a manner to 
 indicate a marked change in sentiment. Numerously, 
 signed petitions were soon received by the Governor 
 from places as new and remote as Bellevue in the County 
 of Eaton and from counties still farther to the westward 
 praying for the calling of a second Convention. On 
 November 9 a Convention assembled at Ann Arbor and 
 adopted resolutions in effect apologizing for the position 
 taken by the delegates from the County of Washtenaw 
 in the former Convention, and requested the calling of 
 another Convention that Washtenaw might ' ' wipe off the 
 stain" fixed upon them by the decision of the September 
 body. A representative committee was appointed to wait 
 upon the Governor and convey to him the action of the 
 Convention. On November 13 Governor Mason addressed 
 
MICHIGAN ADMITTED TO THE UNION 245 
 
 a lengthy communication to Ezekiel Pray of Superior, 
 Washtenaw County, who had acted as president of the 
 recent county Convention. The letter acknowledged the 
 receipt of the proceedings of the Convention through the 
 committee appointed for that purpose, while the Gover- 
 nor made plain that, as an official of the State, he was 
 empowered by neither the Constitution nor the laws to 
 call such a body, and that even if such power was inherent 
 in the Legislature there was not then sufficient time for 
 the assembling of that body and the calling of a second 
 Convention before the 1st of January. The Governor 
 then proceeded through much space to argue that if the 
 people were dissatisfied with the decision of the Septem- 
 ber Convention, ''the remedy was with themselves," 
 that they had the ''inherent and indefeasible right in 
 all cases or propositions coming before them in their 
 original capacity to reverse the acts of their agents if 
 found prejudicial to their interests, and decree such as 
 accord with their welfare and happiness," and he forti- 
 fied his position by reference to incidents connected with 
 the history of Pennsylvania when it became necessary 
 to form a constitution upon its separation from the 
 mother country, which was drafted by a Convention hav- 
 ing its inception in the recommendation of a self -consti- 
 tuted committee of the city of Philadelphia. However 
 well such an exposition of the law may have been suited 
 to the exigencies of a particular occasion and however 
 plausibly it may have appealed to the lay mind, the 
 student of government and legal forms is hardly per- 
 suaded that in a government of constitutions and laws 
 their decrees and established forms can be thus lightly 
 set aside. The Governor did not ero into the merits of 
 
246 STEVENS T. MASON 
 
 the controversy which had been so long discussed; but 
 he did not forget to call attention to the fact that, by not 
 being a State within the Union, they would not partici- 
 pate in the distribution of the surplus revenue soon to be 
 handed to more favored neighbors, adding that ^Hhe 
 loss of this to the people of Michigan, struggling as they 
 are, under all the embarrassments incident to the com- 
 mencement and early operations of the government of 
 an infant State will prove unfortunate. The benefits to 
 the State, resulting from its use in the public improve- 
 ments of the country will readily accrue to every citizen. ' ' 
 The Governor's letter gave a hint that a Convention 
 assembled by the people in their so-called "primary 
 capacity," if it should adopt a resolution assenting to the 
 fundamental conditions, improved, would be acceptable 
 to Congress. The leaders were looking for an excuse for 
 their action, and not for a profound legal opinion upon 
 its regularity; and we may well imagine that the Gover- 
 nor's letter was not put forth until it had received the 
 most careful consideration by his party associates as to 
 whether it furnished the best way out of the difficulty. 
 This opinion is given credence by the fact that on the 
 morning following the appearance of the Governor's 
 letter, David C. McKinstry, Marshall J. Bacon, Ross "Wil- 
 kins, John McDonald and Charles W. Whipple, as the 
 conmiittee of the Wayne County Democratic Convention, 
 issued a circular recommending that the electors of the 
 various counties meet on the 5th and 6th of December in 
 their respective townships and elect twice the number of 
 delegates that they had representation in the lower 
 branch of the State Legislature; that in the election 
 all legal formalities respecting elections be observed and 
 
MICHIGAN ADMITTED TO THE UNION 247 
 
 that the delegates so elected assemble at Ann Arbor on 
 Wednesday the 14th of December to consider ''the 
 expediency of giving the assent of the people of Michigan 
 to the fundamental conditions, prescribed by Congress 
 for their admission into the Union." 
 
 The '\¥hig press, which a few weeks before had referred 
 to the Michigan Legislature as having the i30wer of a 
 temperance society, now looked upon it as a very respec- 
 table organization, and were sure that the convention 
 called by it was the only legal body, and that the second 
 one was altogether lacking in every legal requisite. It 
 was said that at the election for delegates, a great many 
 electors refused to participate because of the alleged 
 illegal character of the proceeding. It is probably true 
 that the Dissenters did refuse to name opposing candi- 
 dates, but it is equally true that the vote at the second 
 election was six hundred larger than was polled at the 
 first. Although in some quarters derided as the * * Frost- 
 bitten Convention," the delegates assembled at Ann 
 Arbor on the appointed day and their Journal shows 
 eighty-four delegates in attendance, representing every 
 organized county in the State that had been represented 
 in the first convention excepting Chippewa, Macomb, and 
 Monroe. 
 
 The delegates were naturally of one mind and quite 
 unanimous in their proceedings. There were several 
 delegates who had served in the first Convention, and 
 among the list of the entire membership, the names of 
 the men who were active in the Democratic politics of 
 the State are quite conspicuous. 
 
 The Convention proceeded, with little time wasted in 
 preliminaries, to the election of John R. Williams of- 
 
24S STEVENS T. MASON 
 
 Detroit as president, Kiiitzing Pritcliette of Detroit and 
 Jonathan E. Field of Washtenaw secretaries, and John 
 Haston sergeant-at-arms. The president accepted the 
 honor of presiding officer with a brief address, stating 
 his own and the Convention's mind when he said, ''The 
 period has arrived, when we can no longer postpone 
 efficient measures to secure to our rising political Star 
 of the confederacy, those advantages inseparable from, 
 and to be attained only by our admission into the 
 Union. ' ' 
 
 A committee selected for that purpose, with equal dis- 
 patch digested resolutions introduced by delegates Ross 
 Wilkins of Detroit and Peter Morey of Lenawee and 
 reported a substitute wherein they argued the legality 
 of their assemblage, expressed doubt as to the constitu- 
 tional power of Congress to impose the condition and 
 ended by giving the assent required, which report was 
 unanimously adopted without amendment or qualifica- 
 tion. 
 
 A committee likewise prepared and submitted a letter 
 to the President which was promptly accepted. No voice 
 was now raised in opposition to the selection of a special 
 messenger to bear the letter to Washington, and John R. 
 Williams was selected for the mission. One cannot read 
 the letter without feeling that when read by "Old Hick- 
 ory" it must have made a decided appeal to his sense 
 of humor; for in arguing the regularity and legality of 
 their Convention they said, "The condition prescribed 
 as a preliminary to the admission of Michigan into the 
 Union had not until now been complied with, and no 
 absolute recognition of our State authorities had been 
 made by any branch of the National Government ; ' ' and 
 
MICHIGAN ADMITTED TO THE UNION 249 
 
 then, as if explaining the unfortunate plight they were 
 in, the letter proceeded, ''The Territorial Executive had 
 been mthdrawn, the Territorial Legislature had ceased, 
 — and no power remained, as recognized by Congress, — 
 but, the People of Michigan in their Sovereign Capacity, 
 by which the Convention of Delegates should be called, 
 to yield a compliance with the fundamental condition of 
 admission as provided in the second section of the Act 
 of Congress. Had the third section of said Act desig- 
 nated by whom or by what power the said Convention 
 should be ordered, the whole would have met the cheerful 
 compliance of the People of Michigan." 
 
 One is tempted to believe that in this letter. Judge 
 Wilkins took the opportunity of laughing at the President 
 and Congress, who were asking legal formalities from a 
 body of people from over whom the Territorial govern- 
 ment had been withdrawn and whose State government 
 was refused just and full recognition. 
 
 By the provisions of the law providing for the condi- 
 tional admission of Michigan, the State was to be 
 admitted by proclamation of the President as soon as 
 the required assent was given. On September 26 the 
 President received the official proceedings of the first 
 Convention and on December 24, the official proceedings 
 of the second Convention ; Congress being then in session, 
 the President transmitted both communications to that 
 body with an accompanying message, saying that had the 
 proceedings of the latter Convention reached him during 
 a recess of Congress, he would have felt it his duty on 
 being satisfied that they had emanated from a convention 
 of delegates elected in point of fact by the people of the 
 State for the purpose required, to have issued his procla- 
 mation thereon as required by law. 
 
250 STEVENS T. MASON 
 
 Again Congress took up the question. The old issue 
 of the boundary was dead beyond resurrection, but it 
 still furnished the subject of much futile oratory. The 
 principal contention, howeved, was upon the regularity of 
 the last Convention, but even Congress was not inclined 
 to draw too fine distinctions; Ohio was in possession of 
 the coveted strip of territory; Indiana and Illinois had 
 had their titles confirmed; the election was over; and as 
 one author has said, ' ' The political life of the State had 
 been for nearly two years too irregular and revolutionary 
 to make any one over-particular regarding the regularity 
 of admission." After a month of debate and considera- 
 tion, Congress on January 26, 1837, passed a law for the 
 formal admission of the State ; she thus becoming within 
 the Union what, for more than a year, she had been out 
 of the Union, — a State in fact. 
 
 The news of the State's admission was received at 
 Detroit, and on February 9 was celebrated with every 
 demonstration of real joy. The Brady Guards paraded 
 and twenty-six guns were fired, while in the evening the 
 event was celebrated by what was then termed ^ ' a grand 
 illumination," a tallow candle being placed behind each 
 window in nearly every residence in the city, while a 
 column of revellers, merry makers, and staid citizens 
 paraded the streets and serenaded the homes of the 
 prominent residents. 
 
 Some historians have devoted considerable space to 
 showing how the action of Congress was based upon an 
 illegal proceeding on the part of the so-called ''Frost- 
 bitten Convention," but the discussion never had more 
 than academic interest. The questions involved were 
 as effectuallv settled as thoui>'li all had been agreed. Gov- 
 
MICHIGAN ADMITTED TO THE UNION 251 
 
 eriior Mason advised acceptance of the result. The 
 Legislature which a few months before had railed at its 
 representatives in Congress for "bartering away a part 
 of the State," now passed resolutions thanking them 
 "for the untiring zeal and unremitting fidelity with which 
 they had, tried to sustain its rights," and appropriated 
 the public money to pay the delegates and officers who 
 had participated in the December Convention, Now and 
 then for the next two or three years, some one brought 
 forward the question by legislative resolution or written 
 statement indicating a lingering hope that the disputed 
 territory might still be regained for Michigan ; but state- 
 hood was bringing new cares and new problems, and the 
 incident of the southern boundary soon became little 
 more than a subject for good-natured reminiscence. 
 
 The conventions of Dissent and Assent while engross- 
 ing public attention, were not engrossing it to the exclu- 
 sion of all other matters. During the interval between 
 the two conventions, in response to a numerously signed 
 petition a considerable body of citizens assembled at 
 Ann Arbor on the 10th and 11th of November and 
 effected the organization of the Michigan Anti-slavery 
 Society to affiliate with the national society, Robert 
 Stuart of Wajme County was chosen as the first president 
 of the society, while its numerous list of vice-presidents 
 and other officers shows that its membership included 
 men of all shades of political belief. 
 
 Of quite a different character was the consideration 
 that was being given to the Indian. The flow of immi- 
 gration was daily making it more apparent that the 
 Indian must be removed to the Northwest from the land 
 where for untold ages he had been the undisputed tenant 
 
252 STEVENS T, MASON 
 
 of its forest-glades, its shimmering lakes and sylvan 
 streams. By the treaty of Chicago, September 26, 1833, 
 the Potawatomis, excepting Pokagon and his band, had 
 parted with their reservations in southwestern Michigan 
 and had stipulated to remove from them within three 
 years. Governor Mason in his message of February 1, 
 1836, had called attention to the importance of the imme- 
 diate extinguishment of the Indian title within the penin- 
 sula, and as he stated, ''Their removal to a quarter where, 
 secure from the encroachments of the whites, they may 
 be left free to follow their own pursuits of happiness." 
 Alas ! the place where they were to be free from encroach- 
 ments was beyond the grave ; but this was as unforeseen 
 by the committee which drafted the memorial to Con- 
 gress on the recommendation of the Governor, as by the 
 Governor himself, for the memorial after depicting in 
 words of honest sympathy the unfortunate condition of 
 the Indians, suggested their removal to a forest country 
 as best suited to their experiences and life habits, saying, 
 * ' In seeking for a country more congenial to their habits 
 and feelings these tribes have for some time directed 
 their expectations to the source of the Mississippi — a 
 region clearly beyond the scope of our future settlements, 
 and which yet affords advantages in its lakes, savannahs 
 and rice-fields for an Indian population." 
 
 In accordance with if not as a result of these sugges- 
 tions and recommendations, Henry R. Schoolcraft acting 
 as a commissioner on the part of the United States, on 
 March 28, 1836, concluded a treaty with the chiefs of the 
 Ottawa and Chippewa nations whereby they relinquished 
 their title to all lands in western and northern Michigan 
 excepting certain specified reservations. The treaty 
 
MICHIGAN ADMITTED TO THE UNION 253 
 
 embraced as estimated, ten million acres in the Lower 
 Peninsula and six million acres in the Upper Peninsula, 
 for which the Government agreed to pay in annuities and 
 other stipulated items the sum of $1,601,600, Upon the 
 conclusion of this treaty, Senator Lyon, ever enthusiastic 
 for the advancement of the State, wrote to his Detroit 
 friends : * ' Of the country purchased about four million 
 acres extending from the Grand River north, is known 
 to be fine land for settlement, and within a very few 
 years we shall no doubt see towns springing up at the 
 mouths of all the rivers flowing into Lake Michigan for 
 a hundred miles north of Grand River, if not all around 
 the Lower Peninsula, The Upper Peninsula is known to 
 contain vast forests of the very best pine, which is even 
 now much wanted in Ohio, Indiana, and Illinois, and the 
 southern part of Michigan and Wisconsin, and must very 
 shortly furnish the material of a highly valuable trade." 
 It was shortly after the completion of this treaty, that 
 Congress passed the act of conditional admission of the 
 State with the stipulated grants to the State of lands for 
 universities and other purposes. It was in pursuance of 
 these grants that the Legislature passed, and the Gov- 
 ernor, on July 25, approved the bill for the appointment 
 of commissioners to locate the salt springs and contigu- 
 ous lands, as well as the lands to be appropriated for 
 university and building purposes. As settlers were rap- 
 idly appropriating the valuable lands. Governor Mason 
 at once selected the commissioners, and had the selections 
 of the State made and certified. Of the lands thus 
 selected, not a few descriptions, especially on the Niles 
 reservation and in the Grand River region, were in the pos- 
 session of ' ' squatters ' ' or settlers who had without legal 
 
254 STEVENS T. MASON 
 
 right or authority gone upon the Indian lands with the 
 design of becoming possessed of the legal title to the same 
 when the Indian title should be extinguished and the 
 lands should be placed upon the market. This action of 
 the Governor, although clearly in the interest of the 
 State, led to complications that w^ere before the Legisla- 
 ture for several sessions for adjustment, and were sought 
 to be used, as we shall hereinafter see, to the political 
 disadvantage of the Governor in his campaign for 
 re-election to the Governorship. 
 
 The general election of 1836 had not been allowed to 
 pass without exhibitions of interest in its outcome, 
 although as the Whigs had taken the position that the 
 State government was illegal in its inception, they had 
 not been in a position to prosecute a campaign for their 
 own principles. A Democratic majority had therefore 
 been returned to the State Legislature and the Demo- 
 cratic electors chosen to vote for Martin Van Buren for 
 President and Richard M. Johnson Vice President. 
 Although Michigan's three electoral votes were not 
 counted in the election, there will always be a query as 
 to what the result would have been had Michigan's votes 
 been the determining factor in the contest. 
 
CHAPTER XIV 
 
 Legislation of 1837 
 
 THE year 1837 opened with dark clouds visible on the 
 horizon of both State and Nation. Yet few seemed 
 to see or comprehend the storm they portended. For four 
 years the country had enjoyed almost a bewildering pros- 
 perity and the people could not understand that the omin- 
 ous mutterings were from conditions that would not soon 
 pass away. The people of Michigan with strong faith 
 and eager purpose were impatiently awaiting the task 
 of emulating the achievements of sister States, that to 
 them it seemed were less favored than they by natural 
 position and resources. There were many in the State 
 who had known Ohio when its Scattered thousands of 
 population were struggling for a foothold upon its soil; 
 they had watched them multiply until now there were 
 upwards of a million and a half in her thriving cities 
 and country homes. They had seen the same transforma- 
 tion in the States of Indiana and Illinois, and none of 
 them in the same space of time had received such an 
 influx of immigrants as had come to Michigan, and the 
 people had faith that they would continue to come if they 
 but held fearlessly to the path wherein New York, Ohio, 
 Indiana and other States had found and were still finding 
 such unprecedented prosperity. But the statesmen of 
 Michigan could not see that their efforts were to be prose- 
 cuted in a time of transition. They could not look into 
 the future and see that the canals built by the States of 
 
256 STEVENS T. MASON 
 
 New York, Pennsylvania and Ohio were soon to be super- 
 seded by other and better means of communication ; they 
 could not see that even a railroad was to be developed 
 to a degree of efficiency, that was to make it the chiefest 
 marvel of man's invention; or that the ideas of combina- 
 tion were to be so developed, or that individual or corpo- 
 rate wealth was to so increase, that these means of com- 
 munication were literally to cover the earth with their 
 network of steel. Neither could the statesman of Mich- 
 igan see that in ways foreign to his experience, financial 
 depression was to come, and that he was destined to 
 prosecute efforts for his State amid the wreck of fallen 
 fortunes and well-nigh universal panic. Because they 
 were not wise beyond the wisdom of their time, not a few 
 writers on the period have, with the benefit of their 
 experience, been inclined to write in a vein of unjust 
 depreciation and censure of the men who in the early 
 days of statehood assumed the responsibilities and 
 labored for the up-building of its institutions. 
 
 The second Legislature assembled at Detroit on Mon- 
 day, the 2nd day of January, 1837. In the Senate were 
 such men as John S. Barry, later to become three times 
 Governor of the State. Calvin Britain, a man of more 
 than ordinary public experience and later Lieutenant 
 Governor during the first administration of Governor 
 McClelland; Randolph Manning, later to serve as Chan- 
 cellor and still later as Associate Justice of the Supreme 
 Court. Of the sixteen members of the Senate, two-thirds 
 were men of by far more than average culture and public 
 and business experience. In the House of Representatives 
 there were likewise many men of high talents and com- 
 manding abilities. In the membership of that body one 
 
HENRY ROW SCHOOLCRAFT. 
 1S22 Indian Agent for the Northwest ; 1828-1S32 member of the Michigan Terri- 
 torial Council ; geologist, explorer, author. 
 

 IP 
 
 ^^^^ 
 
 
 (Sy^i^fT^ (^"^^ 
 
 ^'^!^'i^<yy2^^ 
 
 
 FAC SIMILE OF A LETTIOU OF GOV. STEVENS T. MASON 
 
ISAAC E. CRAKY. 
 Member of first State Constitutional Convention, and first member of Con- 
 gress from Micliig-an, 1S35-1S41. 
 
LEGISLATION IN 1837 257 
 
 finds the names of Kinsley S. Bingham, who afterwards 
 became Governor and United States Senator; Alpheus 
 Felch, who was later to succeed to the governorship, the 
 senatorship, and to a highly creditable career upon the 
 Supreme Bench; Warner Wing, lawyer of distinguished 
 ability; George W. Wisner, who four years before 
 had established and become the editor of the New York 
 Sun; Edwin H. Lathrop, Ezra Convis, and a score of 
 others who had become and who continued to be leaders 
 of recognized ability, not omitting Charles W. Whipple, 
 who was chosen speaker of the House and in later years 
 became an Associate Justice of the Supreme Court. 
 Attention is called to the personnel of the two houses 
 of the Legislature of 1837, because the fact that there 
 was a Legislature is sometimes seemingly overlooked and 
 the enactments of the session accredited to the Governor 
 as though his influence had been the all determining fac- 
 tor. As a matter of fact, the Governor in common with 
 many other students of government in his day held to the 
 proposition that the Governor was not warranted in 
 interposing a veto w^here the question was one of legisla- 
 tive policy or discretion ; that such questions were solely 
 within the legislative branch of the government. The 
 Governor in his message to the Legislature went fully 
 into the various questions then uppermost in the public 
 mind. He anticipated the receipt of the surplus revenue 
 from the National Government and recommended that it 
 be deposited in various banks upon adequate security, 
 the interest received to be applied to the purposes of 
 the State. The perfecting of a penitentiary system of 
 which the State now stood in grievous need received his 
 careful attention, and he again urged the abolition of 
 
258 STEVENS T. MASON 
 
 imprisonment for debt. The question of the State's rev- 
 enue and the militia likewise received thoughtful and 
 extended notice. Perhaps of the minor questions pre- 
 sented to the Legislature he treated of none which for 
 the time embodied more of originality than did his recom- 
 mendations for a geological survey of the State, a pro- 
 ject in which his interest was unquestionably enlisted by 
 that eminent young scientist, Douglass Houghton, then 
 in the twenty-eighth year of his age. At the previous 
 session of the Legislature the newly appointed Superin- 
 tendent of Public Instruction, John D. Pierce, had been 
 authorized to investigate and report to the Legislature 
 on the question of the establishment of a school system. 
 "With characteristic pioneer energy, he had sold his house 
 and lot at Marshall, and with the means thus secured 
 had started by lumber-wagon for Detroit and the East 
 in quest of information that might supplement his own 
 rare judgment and well-stored mind. Before his return, 
 he had conferred with prominent educators of New York, 
 Massachusetts and Connecticut, and had attended the two 
 most important teachers' gatherings of the time, the one 
 at Worcester and the other at Cincinnati. Thus fortified, 
 he proceeded to prepare his report to the Legislature, 
 which was submitted to that body during the first days 
 of its session. It is mthin the truth to say that in no 
 State of the Union before this time had there been sub- 
 mitted a document embracing a more comprehensive 
 scheme of education nor one so well calculated to meet the 
 requirements and effectuate the purposes desired. Mr. 
 Pierce frankly admitted that in the perfecting of his 
 system, he had drawn from the educational system of 
 Prussia as expounded by the celebrated Victor Cousin, 
 
LEGISLATION IN 1837 259 
 
 who as an authority he frequently quoted. It is needless 
 to say more of Mr. Pierce 's report than that as its recom- 
 mendations were almost wholly adopted by the Legisla- 
 ture, it made John D. Pierce the father of the Michigan 
 school system and the pioneer in the scheme whereby a 
 State placed the means of education within the reach of 
 all. 
 
 Governor Mason, always enthusiastic in the cause of 
 education, seldom sending a message to the Legislature 
 without a plea in its interest, now ably seconded the 
 report and recommendation of the Superintendent of 
 Public Instruction, saying among other things upon this 
 subject, "The State fund for the support of common 
 schools, with prudent husbandry, will equal our utmost 
 wants. The University of Michigan will also possess 
 an endowment which will enable the State to place that 
 institution upon an elevation of character and standing 
 equal to that of any similar institution in the Union. I 
 would, therefore, recommend the immediate location of 
 the University at the same time the adoption of a system 
 for its government as well as a system for the govern- 
 ment of your primary schools. In the organization of 
 your common schools, which are the foundation upon 
 which your whole system of education must be based, 
 the first measure essential to their success and good gov- 
 ernment is the appointment of teachers of the highest 
 character both moral and intellectual. Liberal salaries 
 should be allowed the instructors, as without this, you 
 may rest assured you must fail in your object, as indi- 
 viduals in all respects competent to the charge of your 
 schools will be excluded from them by the parsimonious- 
 ness of their compensation.'* 
 
260 STEVENS T. MASON 
 
 Inasmuch as Michigan was to have a State banking 
 experience which was destined to live as one of the 
 unpleasant memories of 1837-38 and was to be one of the 
 enactments that was to be charged to the Governor's 
 administration, it is but proper that the Governor's mes- 
 sage utterances on the subject should be reproduced ; for 
 they are not only interesting as showing his soundness 
 on the fundamentals of the subject, but they show his 
 view of the duties of an executive officer with respect 
 to the exercise of his veto power. 
 
 ''I find," said he, "by reference to the notice of appli- 
 cations to be made to you for legislation at your present 
 session that you will be called upon to legislate exten- 
 sively upon applications for bank charters. 
 
 ''This subject involves the currency of the country, 
 and cannot be regarded with too much interest and care. 
 The question involved in all legislation upon the subject, 
 is one of simple expediency and the responsibility 
 involved, in a great measure, rests upon the Legislature. 
 The executive officer, strictly construing his veto power, 
 should confine its exercise to constitutional questions, 
 unless it be in flagrant cases wiiere facts come before 
 him which have been withheld from the knowledge of the 
 legislature. Questions of expediency, as a general rule, 
 should be left to the immediate representatives of the 
 people. The country, it is true, is laboring at present 
 under an unprecedented pressure in the money markets. 
 But it is a mistaken idea that extensive issues of bank 
 paper will remove this evil. Banks are rather the effect 
 than the cause of the prosperity of a State. They may 
 afford facilities in trade but they are not the foundation 
 of the public, wealth. The wealth of the State has a 
 
LEGISLATION IN 1837 261 
 
 deeper source; it springs from the agricultural industry 
 of the country ; it emanates from the labor of the people. 
 The cause of the existing pressure does not arise so much 
 from the want of banking capital as from an unnatural 
 state of trade produced by the wild and reckless spirit 
 of speculation which has overrun the land and has with- 
 dra^\m capital from its usual channels. This capital must 
 return to the channels when it properly belongs before 
 the entire relief to the community can be experienced; 
 and as it is generally invested in real estate, its return 
 will be found to be gradual in its operation. A wise 
 and prudent economy accompanied by a cessation of 
 extravagant speculation can alone restore a proper state 
 of trade and relieve the embarrassment of the country. 
 Without this a multiplication of banks and bank paper 
 will but increase the evil. ' ' 
 
 Passing from a discussion of the fundamental causes 
 that to his mind had produced the financial stress under 
 which the country was then laboring, he proceeded to 
 say, ''We must recollect that bank notes are not money, 
 but merely its representative. Gold and silver are the 
 basis of our currency, and when your bank notes are not 
 convertible into this medium at the will of the holder 
 they must depreciate in value." He concluded with the 
 caution, ''Every guard should, therefore, be thrown 
 around your bank charters, which may have a tendency to 
 satisfy the public mind of the solvency of the institutions 
 and of their ability to redeem their paper at the will of 
 the holder." 
 
 Governor Mason, as already appears, was outlining 
 legislation commensurate with a liberal State policy, and 
 unquestionably the policy in which he in common with the 
 
262 STEVENS T. MASON 
 
 people generally entered with the most enthusiasm was 
 the policy of internal improvement. But enthusiastic as 
 he was, his utterances and recommendations upon the sub- 
 ject were of a practical and, if the policy was to be entered 
 upon at all, of a very reasonable nature. Said the Gov- 
 ernor, ' ' The first measure to be adopted in carrying into 
 successful effect this branch of our State policy is imme- 
 diate organization of a board of internal improvement. 
 Under the direction of this board, the surveys essential 
 in legislating safely with reference to contemplated 
 works of improvement should be made during the present 
 year, so that at the next session of the Legislature meas- 
 ures may be adopted for the immediate commencement of 
 such canals, railroads, and other public works as may 
 then be sanctioned and designated. Competent engineers 
 should be employed under the direction of the State 
 board, for without the evidence of their estimates and 
 investigation no important work should ever be ordered 
 by the Legislature." 
 
 At the previous session of the Legislature, that body 
 had authorized the Governor to negotiate for the sur- 
 render to the State of the charters of certain railroad 
 companies that had been granted incorporation. Of the 
 companies solicited, only the Detroit and St. Joseph, 
 later to become the Central, and the St. Clair and Eomeo 
 responded. Adverting to the offers made, the Governor 
 repeated his former suggestion, saying, that in case **the 
 Legislature should determine not to receive the exclusive 
 charge of the public works of the above character, I 
 would again suggest that the State take such an amount 
 of stock in the chief routes which have or may be ordered, 
 
LEGISLATION IN 1837 263 
 
 as will secure to the people a controlling influence over 
 them." 
 
 Recognizing the great possibilities of the newly- 
 acquired Upper Peninsula, he recommended the construc- 
 tion of a ship canal around the Falls of the River St. 
 Mary, and inasmuch as it was a work of national charac- 
 ter, he suggested that Congress be memorialized for an 
 appropriation to that end. For the carrying out of the 
 general scheme of public improvements he recommended 
 a foreign loan thus indicating the general lack of appre- 
 ciation of the extent of the w^ork in contemplation, — or, 
 what is possible, not contemplating the extensive works 
 that were ultimately ordered, — by recommending a loan 
 of five million dollars "as sufficient to accomplish all the 
 important public improvements demanded by the State 
 for the present." 
 
 If there was criticism of the Governor's position as 
 outlined in his message, it was not shown by the press. 
 Even the Whig paper quite generally commended its 
 main features, and expressed disapprobation only of the 
 treatment accorded the statehood and boundary question. 
 The Legislature at once applied itself to the duties at 
 hand, following the matters 'of general interest to the 
 consideration of the topics suggested in the Governor's 
 message. The Governor was at once authorized to 
 appoint a private secretary, the position being given to 
 Calvin C. Jackson, a young man but recently from New 
 York. A few days later, a resolution was passed which 
 marked the beginning of the State Library; placing it 
 in charge of the Governor's secretary, to be conducted 
 under such rules and regulations as he, under the direc- 
 tion of the Governor and the approval of the Legislature, 
 
264 STEVENS T. MASON 
 
 might establish. For this purpose the Legislature later 
 made an appropriation of two thousand dollars and pro- 
 vided for an appropriation of one thousand dollars annu- 
 ally for the next five years. The expenditure of this money 
 was placed in the hands of the Governor, the president 
 of the Senate and the speaker of the House. Although 
 Jackson became the official librarian, and as such drew 
 fifty dollars the first year for his services, a large portion 
 of the actual duties of the position was performed by 
 Oren Marsh, a young man who for three years or more 
 had been connected with the education efforts of the city 
 of Detroit. 
 
 The first measure of importance to receive legislative 
 attention was the act creating the office of State Geol- 
 ogist and providing for a geological survey of the State, 
 which received executive approval on February 23. This 
 act provided for annual reports to the Legislature and 
 carried appropriations of three thousand dollars for the 
 year 1837, six thousand for 1838, eight thousand for 
 1839, and twelve thousand for 1840. That the pioneer 
 Legislature was brought to see the value of a project of 
 this character speaks as highly for the diplomacy of Dr. 
 Houghton as his subsequent achievements did for his 
 scientific abilities. For years afterward, stories were 
 told of certain members who were at first emphatic in 
 their protests against the expenditure of money for what 
 they denominated ''foolishness," after an evening spent 
 at the home of the genial doctor where no word was said 
 as respects the pending bill but where they were enter- 
 tained by the well-stored mind of the scientist and made 
 to see the manifold advantages to be derived from his 
 knowledge in the discovery of the natural resources 
 
LEGISLATION IN 1837 265 
 
 of the State, left his home not only the doctor's warm 
 friends but as the supporters of the bill for a geological 
 survey. Needless to say that on March 3rd, following 
 the approval of the act, the Governor nominated, and 
 four days later the Senate confirmed, Dr. Douglas Hough- 
 ton as State Geologist, a position in which he was 
 destined to render most signal service alike helpful to 
 his State and Nation. 
 
 In conformity with the Governor's recommendation, 
 provision was made by resolution for the selection of 
 three commissioners to study the question of prison man- 
 agement and discipline, and to receive and examine pro- 
 posals for the location of such an institution and later 
 to report their conclusions to the Legislature. It was a 
 year later in pursuance of the report of this commission 
 that the State Prison was located at *'Jacksonburg." 
 Envious competing localities insisted that they had 
 offered inducements for the location to the State, while 
 the citizens of Jacksonburg had been wise in offering all 
 inducements to the commissioners. 
 
 At this session through the personal effort of the Gov- 
 ernor, the good priest Martin Kundig received a belated 
 and insufficient recognition for his financial sacrifice in 
 relieving the poor and distressed during the cholera 
 scourge of three years before, in the form of a gift of 
 three thousand dollars. This is said to be the single 
 instance in our history of a reward or pension for philan- 
 thropic service, and surely the State chose a worthy and 
 exceptional example; for even after the receipt of the 
 gratuity, his obligations in the care of the poor and needy 
 which fate had committed to his charge, were such that 
 his entire property and personal effects were sold bv the 
 
266 STEVENS T. MASON 
 
 the Sheriff to satisfy debts he had contracted through 
 the prompting of his charitable instincts. It was nearly 
 twenty years later before the good shepherd could say 
 that he was free from the debts he had contracted while 
 giving care and comfort to the poor and friendless of 
 Detroit. 
 
 The law for the organization and support of primary 
 schools received approval on the 20th of March, and car- 
 ried into effect the recommendations of Superintendent 
 Pierce ; in substance it is still the law of the State in its 
 application to primary education. On the same day the 
 University was by action of the Legislature located at 
 Ann Arbor ; but not until the ambitious village of Palmer, 
 then the county seat of St. Clair County (now city of 
 St. Clair), had filed with the Legislature a numerously 
 signed petition and had exerted all the influence within 
 its power to secure its location at that place, which could 
 then boast the possession of three stores, two sawmills, a 
 gristmill, a chartered bank, a newspaper, a lawyer, four 
 physicians, and strong hope in all the people that the 
 town would be made the eastern terminus of one of the 
 lines of the railway which it was likewise hoped would be 
 projected westward across the peninsula. The law for the 
 organization and government of the University had been 
 approved two days before. The Act and its subsequent 
 amendment at the same session made provision for three 
 departments; the department of literature, science and 
 art, the department of law, and the department of medi- 
 cine. The government was vested in a Board of Regents 
 to be appointed by the Governor, he being ex-officio pres- 
 ident of the board ; the Lieutenant Governor, the Judges 
 of the Supreme Court and the Chancellor of the State 
 
LEGISLATION IN 1837 267 
 
 were by virtue of their offices likewise members of the 
 board. Three of the appointed members were to vacate 
 their offices yearly. Besides being the governing body 
 of the University proper, the Board of Regents, with 
 the Superintendent of Public Instruction, was empow- 
 ered to establish branches of the University, or acade- 
 mies, in different parts of the State. The branches were 
 prohibited from granting degrees, but were required 
 each to maintain a department for instruction in agri- 
 culture and a department for the education of teachers 
 for the primary schools. The branches were, in fact, 
 designed to fill the place of preparatory schools or of 
 high schools, by which they were subsequently super- 
 seded. Governor Mason indicated his hearty interest 
 in the University, which was as yet without buildings 
 or professors, by the Board of Regents he appointed ; the 
 twelve were Jolm J. Adam, John Norvell, Ross Wilkins, 
 Seba Murphy, Isaac E. Crary, Lucius Lyon, Jonathan 
 Kearsley, Henry R. Schoolcraft, Samuel W. Denton, Gor- 
 den C. Leach, George Whittemore, and Zina Pitcher, 
 all men of the highest character and first abilities. The 
 board, upon its organization, decided to establish sev- 
 eral branches, rightfully assuming that for a few years 
 their instruction would necessarily precede the work of 
 the central University. The University branches author- 
 ized were to be established at Detroit, Pontiac, Centre- 
 ville, Niles, Grand Rapids, Palmer, Jackson, Monroe, 
 Kalamazoo, and Mackinac. Several of these institutions 
 went into successful operation and for many years ren- 
 dered valuable service in the field for which they were 
 designed. It was not until the next year, 1838, that 
 the State loaned to the University $100,000 with which 
 
268 STEVENS T. MASON 
 
 to begin building operations. The Board of Regents at 
 this time, to prepare for the opening of the institution, 
 appointed Dr. Asa Gray, who later achieved a national 
 reputation as a botanist, to the professorship of botany 
 and zoology and sent him to Europe empowered to pur- 
 chase $5,000 worth of books as the nucleus of a library, 
 which has since grown to more than three hundred thou- 
 sand volumes. 
 
 During the legislative session, the members evidently 
 felt the need of the Attorney General at the seat of gov- 
 ernment, and inasmuch as the Attorney General, Daniel 
 LeRoy, resided at Pontiac, the Legislature by resolution 
 on the 13th of March provided that it should be thence 
 forth the duty of the Attorney General to reside at the 
 seat of government ; and provided further that the office 
 should be deemed vacant upon his failure to do so. It 
 is quite possible that the $200 salary which was then 
 paid to the office was not sufficiently alluring to induce 
 the removal of the Attorney General from Pontiac to 
 Detroit; at any rate the office M^as a week later consid- 
 ered vacant and on the 21st the Governor nominated and 
 the Senate confirmed Peter Morey of Tecumseh for the 
 position. The salary of the office on the same day was 
 increased as was that of the Auditor General to $400 
 annually; while that of the treasurer was likewise 
 increased to $500, of the Secretary of State to $1,000, 
 and of the Superintendent of Public Instruction to $1,500 
 per year. 
 
 The three measures passed at this session which more 
 than any other enactments became the subjects of gen- 
 eral discussion, were the banking law, the law providing 
 for a system of internal improvements, and intimately 
 
LEGISLATION IN 1837 269 
 
 connected with the latter law, the law authorizing the 
 five million dollar loan. These three laws formed the 
 basis of a State experience that has been a powerfully 
 continuing- factor in the history of the State. That the 
 experience was disastrous goes without saying; but it is 
 equally true that to a great degree the disasters pro- 
 ceeded quite as much from the inopportuneness of the 
 undertaking, as from fundamental defects in the laws 
 under which the projects were prosecuted. This is 
 especially true of the projected works of internal 
 improvement. 
 
 The ''wild cat" crisis or panic of 1837 will live long 
 in the history of the State, but its causes were rather 
 national than local in character; although as would be 
 expected the general conditions were either intensified 
 or alleviated by incidents that were entirely local. Mich- 
 igan, perhaps to a greater extent than enighboring States, 
 shared both in the delusive prosperity of 1836 and the 
 enlightening disasters of 1837 and subsequent years, but 
 the causes in both instances were to be found in large 
 measure in issues that had to do more with national than 
 State concern. 
 
 Since the rechartering of the bank of the United States 
 and the commencement of business in 1817, it had grown 
 to be one of the richest and most powerful corporations 
 in the world. For twenty years it had furnished a cur- 
 rency that had been freely accepted by the people in 
 all parts of the country, and because its ovm notes were 
 good it exerted a marked influence in requiring the 
 smaller banks of the various States to maintain their 
 currency at the same standard. It had paid annual divi- 
 dends of from 8 to 10 per cent and could now show a 
 
270 STEVENS T. MASON 
 
 surplus of astonishing proportions. Although of unques- 
 tioned stability its very strength had brought it enemies 
 and matured a sentiment that its tremendous powers 
 were inimical to free institutions. A large and growing 
 body of citizens were convinced that it was in contraven- 
 tion of both the Federal Constitution and good policy, 
 that the National Government should be in league with 
 a corporation that fattened upon the deposits and con- 
 trolled the currency of the country. The charter of the 
 bank would expire in 1837; and President Jackson, fol- 
 lowing his election in 1833, had made it plain that he 
 would withhold his signature from any bill that Con- 
 gress might pass to renew it, a position he vigorously 
 maintained to the end of his political career. 
 
 During the twenty years of peace, prosperity had 
 blessed the land to such an extent, that the national debt 
 had been cancelled and there was now a surplus of $40,- 
 000,000 in the treasury above the needs of government. 
 After a bitter contest, this surplus was withdrawn from 
 deposit with the Bank of the United States. If this 
 action induced tremors in the financial institutions of 
 the country, they were not apparent, for the surplus, 
 instead of being concentrated in one institution, was now 
 deposited in the banks of the various States, which 
 because of their selection became known as the **pet 
 banks." As much as $1,895,000 was deposited with the 
 banks of Michigan, one and a half million dollars being 
 on deposit with the Bank of Michigan and the Farmers' 
 and Mechanics' Bank of Detroit. 
 
 With the Bank of the United States forced to retire its 
 circulation and to seek a semblance of perpetuity as a 
 State bank under the laws of Pennsylvania, as the Penn- 
 
LEGISLATION IN 1837 271 
 
 sylvania Bank of the United States, and its deposits 
 including the great deposit of the National Government 
 transferred to the various State banks with no national 
 institution created to take the place of the great bank 
 eliminated, we can now well understand what happened 
 even though it could not then be foreseen. State banks, 
 left as the exclusive occupants of the field, multiplied 
 with great rapidity. Even before the expiration of the 
 charter of the Bank of the United States anticipation 
 had started the increase. The abnormal deposit in the 
 State banks, coupled with inflated issues of bank cur- 
 rency, at once inflated values far above the normal and 
 induced an era of the most extravagant speculation, 
 especially in the unimproved public lands. The unprece- 
 dented immigration to Michigan lent especial emphasis 
 to this form of investment. The extent of this invest- 
 ment is shown when we know that the total land sales 
 in all the States and Territories of the Union for 1836 
 was a little more than $25,000,000, while the sales in Mich- 
 igan alone were $5,241,228.70. But the fallacious pros- 
 perity was soon to end. The national authorities soon 
 discovered that the bank notes of the State banks were 
 displacing the metallic currency of the country, and that 
 the National treasury was accumulating a paper cur- 
 rency of doubtful value in payment for the public lands. 
 With the triple purpose of putting the finances on a safer 
 basis, protecting the treasury and putting a stop to the 
 wild speculation of the time, the Secretary of the Treas- 
 ury under the direction of the President on July 11, 1836, 
 issued the famous so-called *^ Specie Circular," whereby 
 government officials were required to accept nothing but 
 gold and silver in payment for the public lands. This 
 
272 STEVENS T. MASON 
 
 new demand for specie sent the paper currency back 
 to the banks of issue for redemption, entaihng a strin- 
 gency in the money market that forced many banks not 
 favored with government deposits into liquidation. 
 Another measure well fitted although not intended to 
 still further derange the already perturbed financial con- 
 dition of the country, had after long debate in Congress 
 become a law on June 15, 1836, whereby all of the sur- 
 plus revenue in excess of $5,000,000 then on deposit in 
 the so-called ''pet banks" was to be divided after Janu- 
 ary 1, 1837, among the States as a loan, to be recalled 
 by direction of Congress. By this act $28,000,000 was 
 taken from the banks and distributed among the several 
 States. Of this distribution Michigan received $286,- 
 751.49, which the Legislature placed to the credit of the 
 internal improvement fund as a loan to be returned when 
 the contemplated loan for internal improvements was 
 obtained or whenever requested by the Legislature. The 
 demand upon the banks for this great sum, which in 
 many instances had been loaned in the general course of 
 business, necessitated the sudden calling in of loans, the 
 still further shattering of public confidence and the pre- 
 cipitation of the panic of 1837, a financial disaster the 
 like of which had never before been experienced in Amer- 
 ica. It was in conflict with such conditions that the Mich- 
 igan legislators launched the fond-thought enterprises 
 of their aspiring State, and to the correction of which 
 they sought to apply remedies of their own devising. 
 
 Much has been written in critical and derisive vein 
 of Michigan's "wildcat" banking law; but time and con- 
 ditions considered, nothing was more natural in legisla- 
 tion than that a State banking law should have been 
 
First Stale 
 
 JOHN D. PIERCE, 
 
 Suiierintendt'iit of Public Instnictioii. 
 
DOUGLASS HOUGHTON 
 
 Firsf St.-itc Geolojiist of Michisan. Disowned 
 in Lake Superior in lS4o. 
 
DK. ZIXA I'lTCUEU 
 Army surgeou, Mayor of Detroit. ls4n- 
 42. Whig candidate for Governor in 
 1S4?.. Reaent of tlie University of 
 JMicliisran for several terms from 1S37 
 to 1S52. 
 
LEGISLATION IN 1837 273 
 
 enacted. It was in line mth the legislation of other 
 States, and there was a general feeling that in the devel- 
 opment of the country there was an insufficiency of cur- 
 rency Avith which to transact the volume of business. 
 Michigan's disastrous experience with the banking law 
 of 1837 resulted quite as much from the rascality of men 
 who ignored and evaded the requirements of the law as 
 from defects in the law itself. The salient features 
 of the law embraced the following provisions : Any num- 
 ber of persons residing within a county including twelve 
 freeholders among their numbers could organize a bank 
 with a capital of not less than $50,000 nor more than 
 $300,000. Numerous safeguards were placed around the 
 subscribing of the stock; provisions were made insuring 
 that at least one-third of the stock should always be 
 o^vned by residents of the county. Before commencing 
 business all the stock must be subscribed and thirty 
 per cent of the same was to be paid in in specie. Ten 
 per cent of the stock was to be paid in each six months 
 thereafter until all the capital was paid in. Before begin- 
 ning operations the president and directors were 
 required to furnish security in the form of bonds and 
 mortgages upon real estate within the State or the per- 
 sonal bonds of resident freeholders, to be approved by 
 the county treasurer and the county clerk and filed with 
 the Auditor General, which securities were to equal the 
 full amount that any association might at any time have 
 in circulation or be indebted. Neither the circulation nor 
 the loans and discounts were to exceed twice and a half 
 the amount of the capital stock paid in. Heavy liabilities 
 were placed upon both stockholders and directors. Pro- 
 vision was made for explicit reports and rigid examin- 
 
274 STEVENS T. MASON 
 
 ations by a commissioner to detect and prevent fraud. 
 The New York Safety Fund scheme was also incorpo- 
 rated in the law, whereby it was designed that each bank 
 should contribute semi-annually one-half of one per cent 
 upon capital stock paid in until a fund of three per cent 
 was accumulated. Such a fund it was thought would 
 be sufficient to make good all deficiencies that might arise 
 from the failures of single corporations. A general con- 
 dition of bankruptcy and failure without assets was not 
 within their imaginings. 
 
 In the passage of the bill through the Legislature, it 
 received consistent opposition from but one or two mem- 
 bers. In the House it passed by a vote of 34 to 4; the 
 34 including such men as Kinsley S. Bingham, Warner 
 Wing, George W. Wisner and Edwin H. Lothrop, while 
 the four in opposition were Jonathan P. King, Alpheus 
 Felch, Charles W. Whipple and Robert Purdy, all of 
 whom save Alpheus Felch and Robert Purdy had pre- 
 viously supported the measure at various stages of its 
 passage. In the Senate the vote was equally decisive, 
 being 15 to 1 for the bill. John McDonell of Detroit was 
 the lone Senator in opposition. At the legislative session 
 of 1836 provision had been made for the appointment 
 of a banking commissioner, and Governor Mason had 
 nominated and the Legislature had unanimously con- 
 firmed Robert McClelland of Monroe in the position. The 
 records do not disclose but it is evident that Mr. McClel- 
 land did not accept and that Marshall J. Bacon was 
 appointed ad interim. His first report was laid before 
 the Legislature January 5, 1837. Upon the passage of 
 the general banking Act of March 15, 1837, the Governor 
 
LEGISLATION IN 1837 275 
 
 nominated and the Legislature confirmed Edwin N, 
 Bridges of Cass County to the commissionership, the 
 duties of which position were evidently not considered 
 of an onerous character as the office carried a salary of 
 but three hundred dollars per year. 
 
 One looks in vain in the law itself for the provisions 
 that were to be warrant for all the financial mischief that 
 followed its enactment. Of the law, one writer has said, 
 ** There are in these provisions all the elements appar- 
 ently of safe banking, including the payment of capital 
 stock in specie, personal liability of directors and stock- 
 holders, careful examination by bank commissioners and 
 frequent examination and sworn statement by the direc- 
 tors." 
 
 John J. Knox, ex-comptroller of the treasury has like- 
 wise told us how near Michigan came to enacting a good 
 banking law. Said he, ''The first State to embody this 
 principle of requiring banks of circulation to deposit 
 securities mth the governing power, was Michigan. That 
 State in 1837 adopted a general banking law, by which 
 the banks were required to deposit bonds and mortgages 
 and personal bonds. This was in accord with the 
 views of Albert Gallatin. ' ' In practical operation of the 
 law, however, the carrying out of its provisions was of 
 necessity intrusted in many instances to men entirely 
 wanting in the knowledge of even the fundamentals of 
 banking, and even had they been disposd conservatively 
 to follow and conform to all legal requirements, they 
 would not have had experience sufficient to have pro- 
 moted public confidence. But mistaken guidance and 
 honest errors contributed but little to the unwholesome 
 
276 STEVENS T. MASON 
 
 memory with which the people later viewed the law, 
 for its every precautionary and salutary requirement 
 was recklessly and criminally disregarded and it was 
 made the excuse or means of the most glaring frauds 
 and deceptions. 
 
 In the matter of internal improvements the Legisla- 
 ture joined the Governor in hearty approval of the 
 scheme, even exceeding his enthusiasm by refusing to 
 entertain consideration of the conservative restrictions 
 his message had suggested. His suggestion that the 
 State become a subscriber to the stock of the principle 
 works of internal improvements, and thus combine the 
 State's resources with the interest and enterprise of the 
 individual, seems not to have been considered at all ; and 
 his recommendation that no work be undertaken or 
 appropriation made until the Legislature had had before 
 it the surveys and estimates of competent engineers was 
 followed in altogether too limited a degree. The weak- 
 ness of the scheme was soon apparent. Had the State 
 been able to concentrate its resources and energies upon 
 one venture of paramount importance, it would have 
 accomplished results of a very desirable nature ; but the 
 average member of the Legislature could not contemplate 
 with satisfaction a scheme of internal improvement 
 where his own and his constituents' interests were not 
 to receive a benefit of a direct and positive nature until 
 years in the future, while in the meantime some other 
 section had been enjoying the benefits of their contribu- 
 tions. No satisfactory scheme could be worked out that 
 did not embrace the whole State. Petitions from the 
 remote places of the State showed that even there the 
 
LEGISLATION IN 1837 277 
 
 lonely pioneer was imbued with the desire for a broad 
 scheme of internal improvements. The opposing party 
 press even joined in the demand, the Advertiser of Feb- 
 ruary 2nd, 1837, saying editorially, ' ' From all indications 
 of public opinion in the Legislature, and out of it, we 
 conclude that the State has determined to prosecute a 
 magnificent system of internal improvements. This, if 
 judiciously accomplished, will enrich the State immeas- 
 urably beyond the cost of the work if past and present 
 experience is not entirely at fault." 
 
 In a report nearly twenty pages in length, Mr. Elisha 
 Ely of Allegan, chairman of the House committee on 
 internal improvements, with figures and rhetoric told the 
 House of the marvelous transformation that would be 
 wrought by the work to be instituted. Says the report, 
 ''The more the subject is investigated, the wider extends 
 the field and the more worthy it appears of attention. 
 Its consequences to Michigan are incalculable. Her 
 future prosperity is, in the opinion of your committee, 
 inseparably interwoven mth the progress of internal 
 improvement. By it alone, she can attain the political 
 importance so necessary to protect her from the want 
 of a due weight in the councils of the nation. ' ' In another 
 burst of eloquence it says, ''A few leading routes in 
 successful operation will excite the enterprise of every 
 section of the country, while it will create and allure 
 capital for the more rapid fulfillment of every design." 
 
 On March 20, 1837, the law to provide for the construc- 
 tion of certain works of internal improvement was 
 approved by the Governor. The law provided for the 
 survev and establishment of three lines of railroads 
 
278 STEVENS T. MASON 
 
 across the State, to be designated as the Central, the 
 Northern and the Southern. The Central involved the 
 purchase of the Detroit and St. Joseph, then under course 
 of construction between Detroit and Dearborn; Detroit 
 and the mouth of the St. Joseph river being established 
 as its termini; the Southern was to commence at the 
 navigable waters of the river Raisin, pass through the 
 village of Monroe in the county of Monroe, and terminate 
 at New Buffalo in the county of Berrien ; the Northern 
 w^as to commence at either Palmer (St. Clair) or at or 
 near the mouth of Black River in the county of St. Clair 
 and to terminate either at the navigable waters of the 
 Grand River in the county of Kent or on Lake Michigan 
 in the county of Ottawa. Five hundred and fifty thou- 
 sand dollars was appropriated for these works, antici- 
 pating of course a loan that should later be made for 
 the purpose. Of this sum one hundred thousand dollars 
 was to be for the Southern, four hundred thousand for 
 the Central, and fifty thousand for the Northern. Forty 
 thousand dollars was likewise appropriated for the con- 
 struction of a canal or for a canal part of the way and 
 a railroad the remainder of the way commencing near 
 Mt. Clemens on the Clinton River to terminate at or near 
 the mouth of the Kalamazoo River, while fifteen thou- 
 sand dollars was appropriated for the purpose of a canal 
 connecting the waters of the Saginaw and Maple rivers. 
 These last two ventures were to be undertaken only in 
 the event of the commissioners' being convinced of the 
 practicability of the work. Surveys were also authorized 
 for the St. Joseph, Kalamazoo and Grand rivers with a 
 view to their improvement by slack-water navigation; 
 
LEGISLATION IN 1837 279 
 
 and for the jDurcliase of instruments and for the survey 
 of canal routes and rivers twenty thousand dollars more 
 was appropriated ; while a like sum was provided for the 
 purchase of the Havre Branch Eailroad, a railroad 
 designed to extend from the village of Havre seven miles 
 above Toledo, westward a distance of about thirteen 
 miles to the intersection of the Erie and Kalamazoo Rail- 
 road then in operation from Toledo to Adrian. One 
 detects here an effort to build up a rival on Michigan soil 
 to the city on the Maumee thad had preferred to cast 
 its lot with Ohio. But Havre, like many another ''city" 
 of its day, has long since passed from the minds of all 
 save those who seek the record of the past. 
 
 While there was for a time some difference between 
 the House and Senate over the provisions of this bill, the 
 differences were ultimately adjusted by a committee of 
 conference ; the bill passed the House without a dissent- 
 ing vote, while in the Senate it passed with a vote of 
 13 to 1; the lone opposer was Randolph Manning, and 
 he opposed details rather than principles. 
 
 On March 21, executive approval was given to the Act 
 appropriating $25,000 for the purposes of the St. Mary's 
 Canal in case the survey and report of the engineers 
 should be favorable to the project, which was to be under- 
 taken mthout ''any unreasonable delay." On the same 
 day acts were approved providing for the appointment 
 by the Governor and approval by the Legislature of a 
 Board of Commissioners on Internal Improvements, who 
 were given broad powers in the construction and opera- 
 tion of the State works, and authorized the Governor 
 to negotiate a loan not exceeding five million dollars with 
 
280 STEVENS T. MASON 
 
 interest not exceeding 5^/^ per cent per annum payable 
 in New York or elsewhere in the United States and 
 redeemable at the pleasure of the State at any time from 
 and after twenty-five years from January 1, 1838. The 
 bonds were not to be sold at less than par; the proceeds 
 were to be credited to the fund for internal improvements 
 from which all contingent expenses of the Governor in 
 negotiating the loan were to be likewise paid. Into this 
 fund were also to go the contemplated earnings of the 
 canals and railroads for the eventual repayment of the 
 principal and interest of the loan. 
 
 The Governor at once nominated as members of the 
 Board of Commissioners of Internal Improvements Dan- 
 iel LeRoy of Oakland, Hart L. Stewert and John Bar- 
 bour of Berrien, David C. McKinstry of Wayne, Levy S. 
 Humphrey of Monroe, Gardner D. Williams of Saginaw 
 and Justus Burdick of Kalamazoo. The Legislature in 
 joint convention promptly confirmed all the nominations, 
 excepting the nomination of Daniel LeRoy, who, the 
 Legislature still remembered, had refused to remove to 
 the seat of Government as Attorney General. The Gov- 
 ernor accordingly sent the name of James B. Hunt of 
 Oakland County to the Legislature, which was at once 
 accepted and confirmed. 
 
 The legislation, aside from the measures mentioned, 
 was as would be presumed of an extensive and varied 
 character involving the organization of townships, the 
 incorporation of villages, and the creation of corporations 
 to engage in all the varied enterprises that were just then 
 so full of promise. The Legislature adjourned March 22, 
 to reconvene the following November 9, by which time 
 
LEGISLATION IN 1837 281 
 
 it was presumed the $5,000,000 loan would be negotiated 
 and other matters matured so as to require legislative 
 action. Even the organs of the opposition credited the 
 Legislature with having enacted ''highly important meas- 
 ures, most of them conceived in a spirit of enlightened 
 policy highly creditable to the body;" although two 
 weeks before, the same paper had said that if they appro- 
 priated money to pay the per diem and expenses of the 
 ''Frost-bitten Convention" "They will deserve to be 
 brow-beaten and pelted with billets by a mob assembled 
 around their bar as the French Revolution assembled in 
 1790." Such was the contemporary conception of the 
 relative merits of the issues considered by the Legisla- 
 ture of 1837. 
 
 Although the winter had been filled with arduous 
 duties, which, from the Governor's letters to the absent 
 members of the family it is apparent he fully appreciated 
 and zealously labored to discharge, the weeks did not 
 pass without the usual round of Detroit's midwinter 
 gaiety, in which the dignitaries of State joined mth as 
 much zest as the more care-free portions of the commun- 
 ity. There were interesting meetings at the Young Men's 
 Society, and lectures at the Capitol. There were recep- 
 tions at the homes of substantial citizens where cultured 
 hospitality made all at ease, and there were gatherings 
 at "Uncle Ben's," where the nights were none too long 
 for the geniality and goodfellowship that there assem- 
 bled. On January 20, the announcement was made of the 
 arrival of the long-expected locomotive "Adrian," No. 
 80, from the Baldwin works at Philadelphia, the first 
 one sent to the Northwest, and the third one west of the 
 
282 STEVENS T. MASON 
 
 Allegheny Mountains, to supersede horse-power upon the 
 Erie and Kalamazoo between Toledo and Adrian. It 
 was a month later, on Washington's birthday, February 
 22, that the Legislature attended in a body before the 
 American Hotel, where in the presence of a large gather- 
 ing of citizens, Governor Mason in a speech of patriotic 
 sentiment, presented to the Brady Guards resplendent 
 in their smart uniforms, a standard bearing upon one 
 side a portrait of the Governor and on the reverse side 
 the picture of a lady, a Brady guardsman, and the Mich- 
 igan coat of arms; it being unquestionably the first flag 
 upon which was depicted the design of the State seal. 
 To the presentation Captain Isaac S. Rowland responded, 
 and, with standard flying, the company marched back to 
 their quarters to be later congratulated by press and 
 public on the grace with which their part in the program 
 had been performed. 
 
 It was but a few days later, on March 13, that the 
 friends of the Governor, through John Norton, Jr., 
 Thomas C. Sheldon and Andrew T. McReynolds, pre- 
 sented to the State in the follomng communication the 
 life-sized portrait of the Governor, which from that day 
 to this has been the portrait of keenest interest among 
 all those which adorn the halls of the State Legislature. 
 
 ''To the Hon. C. W. Whipple, Speaker 
 
 *'0f the House of Representatives 
 
 *'A number of the citizens of Michigan being desirous 
 to preserve the features of their first Chief Magistrate, 
 have caused a portrait of their Governor to be executed. 
 This portrait they offer for the acceptance of the State, 
 through the medium of the representatives of the people, 
 with the request that it shall be placed in the Hall of 
 
LEGISLATION IN 1837 283 
 
 the House of Representatives as an evidence to future 
 times of the affection of his fellow citizens for the man, 
 and their respect for the magistrate, and as a memorial 
 of the officer whose virtues have adorned, and whose 
 talents have dignified, the opening annals of the common- 
 wealth of Michigan. 
 
 ''JOHN NORTON, JR. 
 ''THOMAS C. SHELDON, 
 "ANDREW McREYNOLDS." 
 
 With these and kindred subjects was the public mind 
 occupied as well as with the serious affairs of State and 
 National politics. 
 
CHAPTER XV 
 
 Financial Difficulties and the Election of 1837 
 
 jrpOR some six or seven years party political feeling 
 •'- had been growing in intensity and bitterness, as 
 grave questions of a governmental nature were now 
 beginning to press for solution. The Democratic-Repub- 
 lican party, the party of Jackson, had governed with a 
 vigor and with a violation of precedence, which, while it 
 had made loyal adherents, had likemse made bitter ene- 
 mies. The growing agitation of the Anti-slavery Society 
 and the constantly growing influence of the great power 
 against which its efforts were directed, and strain of 
 adapting government and society to new and untried 
 conditions, all tended to create issues which under the 
 state of general education then existing aroused personal 
 and political antagonism of the most vehement character. 
 The feeling of the time not only prompted resort to the 
 political methods best calculated to accomplish desired 
 ends, but it prompted as well the most ungenerous criti- 
 cism and unjustified reflections upon the honor and 
 character of political opponents as those intrusted with 
 the conduct of political affairs. This was especially true 
 in Michigan, where national issues had been supple- 
 mented by considerations of State concern well calculated 
 to further divide contending factions. The Whig party 
 had been growing vigorously since 1832, and the gather- 
 ing clouds of financial disaster now gave it an oppor- 
 tunity for criticism that was to be most telling and cffec- 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 285 
 
 tive ; as arguments addressed to the pocketbook, whether 
 based upon fact, fiction, or sophistry, always are. 
 
 Michigan was now approaching what was to be its 
 first vigorously contested political campaign wherein 
 State officers and members of the Legislature were to 
 be selected. The election of 1835 had been almost with- 
 out organized opposition to the Democratic-Republican 
 ticket, and so could hardly be dignified as a contest. 
 There was now likewise a member of Congress to be 
 elected. The term of Isaac E. Crary who was not allowed 
 to take his seat until January 27, although elected in 
 November 1835, expired with the twenty-fourth Con- 
 gress, March 4, 1837. For some reason, perhaps because 
 it was not known how long the State might be kept out 
 of the Ujiion, no member of Congress was elected at the 
 preceding November election, and so the State found 
 itself without a Congressman after March 4. To remedy 
 this condition, the Legislature later provided for a con- 
 gressional election to be held on the 21st and 22nd of 
 August 1837 ; the election was called at this time undoubt- 
 edly so that the State might have representation in the 
 Lower House of Congress, at the special session which 
 President Van Buren had called to meet on the 4th of 
 September following. The politicians of the State were 
 early canvassing the situation and making* ready for the 
 contest. It was soon evident that the Whigs would make 
 an eminently respectable showing at the election, for the 
 financial affairs of the country, instead of mending, con- 
 tinued to grow more distressing as the weeks advanced. 
 The banks still more severely called in their loans, the 
 best paper went to protest, and failures became alarm- 
 ingly frequent. Even as the Legislature adjourned, peo- 
 
286 STEVENS T, MASON 
 
 pie wondered if a suspension of specie payment was to 
 be the outcome of the situation. Every traveler and 
 newspaper from the East brought doleful tidings of the 
 financial outlook, and the people were not surprised when 
 on the morning of May 16, a citizen of Detroit returning 
 from New York announced that the blow had fallen, that 
 the banks of that city had suspended specie payment one 
 week before. 
 
 In a few hours hand-bills were on the streets calling a 
 citizens' meeting at the City Hall, where a few hours 
 later the gentlemen of business interest in the city gath- 
 ered and listened to a recital of the conditions in the East 
 and to the reading of the proceedings that had been 
 taken by certain other cities. The meeting at once passed 
 resolutions requesting the banks to suspend to save their 
 specie, which they did the following day, the officers 
 of the banks a little later assuring the public through 
 the newspapers that their specie should be held and not 
 sold for a premium such as then prevailed. Governor 
 Mason was at once importuned by the leading men of 
 both parties to call a special session of the Legislature 
 to legalize the suspension of specie payment, as was 
 being done by the executives of other State. Petitions 
 were printed and freely circulated both in Detroit and 
 in the interior of the State, receiving the signatures of 
 the leading citizens in the banking as well as in the 
 business world. 
 
 Convinced there was no alternative for Micliigan but 
 to follow the lead of the older and stronger States of the 
 East, the Governor issued his proclamation convening 
 the Legislature in special session on June 12, 1837. At 
 the same time he directed the Bank Commissioner to 
 
FINANCIAL DIFFICULTIE S AND THE ELECTION OF 1837 287 
 
 make a careful examination of all the banking institu- 
 tions in the State, so that a detailed statement of their 
 condition could be laid before the Legislature upon its 
 assembling. As the Legislature was convened to deal 
 exclusively with the financial situation, the Governor's 
 message was devoted to the consideration of that one 
 subject. On the fundamental phases of the subject the 
 message followed his ideas embodied in the message of 
 January 2nd and most certainly showed a clear concep- 
 tion of the principles involved, whether he had well in 
 mind all the details essential to making those principles 
 effective or not. Said he : 
 
 ' * The present crisis in the moneyed affairs of the coun- 
 try is such as should bring us to a pause and induce us 
 well to reflect upon the causes that have led to it. It 
 should teach us, although we many learn the lesson of 
 wisdom by sad experience, to avoid in future, the seduc- 
 tive career of apparent, but unreal prosperity, which the 
 nation has lately pursued and which has brought us ulti- 
 mately to the very verge of general bankruptcy. Let us 
 seek out the true sources from whence these evils have 
 arisen, and henceforth avoid them ; bearing in mind, that 
 like causes if hereafter sanctioned by the people, must 
 again bring about the very like calamitous results which 
 we now deplore. 
 
 ' ' By the universal consent of all nations gold and silver 
 has been made the currency and standard of value with 
 the great commercial world. But the scarcity of these 
 metals has compelled most governments of extensive 
 trade and commerce to create a representative currency 
 to answer the immediate purposes of domestic exchange. 
 In the United States this representative is composed of 
 
288 STEVENS T. MASON 
 
 the paper issues of authorized banking associations, hav- 
 ing a metallic basis created and pledged for its redemp- 
 tion. The notes of these associations are received at 
 home in all exchanges, and constitute the far greater por- 
 tion of the circulating medium of the country. But, as 
 a general rule, in the exchange and commercial inter- 
 course with foreign nations the ordinary bank issues fail 
 to answer the demands of trade, and resort must be had 
 to gold and silver, or the products of labor through the 
 medium of exportation. 
 
 "The debt owed by one nation to another, cannot be 
 paid but with real effects, either in coin or commodities ; 
 where both these sources fail, pecuniary embarrassments 
 must fall upon the nation, against which the balance of 
 trade exists, and the debt created can only be cancelled 
 by bankruptcy. These are the first principles of com- 
 mercial relations; are applicable to nearly all nations, 
 and are as invariable in their operations as the laws of 
 nature. 
 
 *'We may trace, however, in a very great extent, all 
 our present pecuniary embarrassment to one fatal error 
 into which the country has fallen. The error is to be found 
 in our system of over banking. The excess of bank facili- 
 ties and bank issues has made the representative of 
 money too abundant and has consequently brought in its 
 train the e\n\ of our over trading and speculation the aug- 
 mentation of prices already high increased unwarrant- 
 able investments in unproductive lands, and foreign im- 
 ports beyond the wants and means of the nation. It is ad- 
 mitted that the great enterprise of the American people 
 demands, in a greater or less degree, a paper currency, 
 the precious metals not being sufficiently abundant to 
 
ERIE AND KALAMAZOO COACH— ADRIAN 
 
 Operated ou straiD rail line between Adrian and Port Lawrence (Toledo) 
 from 1S36. 
 
; H 
 
 k 
 
 '^kmMi^^ii 
 
CHAULES C. TROWBRIDGE 
 
 Regent of the University of Michigan 
 lSo7-lS41, and President of the Bank of 
 Miehignn. 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 289 
 
 answer all the ends of the circulating medium required 
 by the multifarious interests of a widely extended and 
 constantly increasing country. But this paper medium 
 must be limited and should be restricted in its circula- 
 tion so as not to exceed in too great an amount the 
 metallic basis which it is made partly to represent. 
 
 "What are the effects of excessive bank issues upon a 
 community, as proclaimed by the simplest principles of 
 political economy? They are, the depreciation of bank 
 paper, an increase of the price of all commodities, an 
 extension of excessive credits, the neglect of productive 
 labor, and a country involved in debt. The banks are 
 called upon for specie to pay the debt of the country; 
 their specie will not meet their outstanding issues ; confi- 
 dence is shaken; runs are made upon them; they are 
 compelled to contract their loans and call in their dis- 
 counts, and a general pressure, if not bankruptcy, are the 
 inevitable results that follow. 
 
 "The condition of the United States, at the present 
 time, is a perfect illustration of those principles. The 
 recorded history of the different States show milliorxS 
 of an increase in bank facilities; money or rather its 
 representative, has become abundant; credits have been 
 unparalleled; our land offices tell of a dead capital of 
 millions buried in unproductive lands; our custom 
 houses, deducting profits, freight, and difference of valu- 
 ation, present a balance of trade against us of millions 
 by importation ; our circulating medium has depreciated, 
 or what is the same thing every other exchangeable com- 
 modity has risen, and Europe has exhibited the strange 
 phenomenon of under selling us on our own shores in 
 the exportation of her bread stuffs to America. A revul- 
 
290 STEVENS T. MASON 
 
 sion now begins. Our debt must be paid to Europe. 
 The banks of the Atlantic cities are unable to furnish 
 sufficient fold or silver on their issues to meet the 
 demands; runs are made upon them, and the result has 
 been a universal pressure and a general suspension of 
 specie payments in order to prevent general bank- 
 ruptcy. ' ' 
 
 After addressing his thought to the processes of recup- 
 eration which he said would come '* through a gradual 
 diminution and absorption of bank issues; a curtail- 
 ment of a too extended trade; a cessation from mad 
 investments of capital in unproductive lands; a resort 
 to frugality and an application to honest industry," he 
 called attention to the crucial question before them, the 
 suspension of specie payment, reluctantly suggesting 
 that legislative sanction be given to the proceeding, 
 because it has been accorded in New York, — "a State," 
 as he said, with whom we have ''intimate financial and 
 commercial relations," — arguing that Michigan could 
 not withstand the current which was everywhere flowing 
 around her. 
 
 ''As the only alternative," he concluded, "although a 
 deplorable and hazardous one, I would recommend the 
 passage of a law exempting all the banks reported as safe 
 and solvent by the Bank Coromissioner, for one year or 
 until the resumption of specie payments in New York 
 and other States from the liabilities of a forfeiture of 
 charter for declining to pay specie on their notes. A law 
 to this effect would avoid the constitutional question of 
 impairing the obligation of contract, and would leave the 
 billholder his remedy at law against the bank, should he 
 choose to adopt it. 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 291 
 
 ''Should you deem the passage of such an Act requisite, 
 its provisions, however, should be rigidly scrutinized and 
 strictly guarded so that the public may feel a perfect con- 
 fidence in the ultimate redemption of the issues of the 
 banks. In the first place, I would suggest, that the law 
 should be made applicable to the safety fund banks, and 
 such others, as within a limited period come within the 
 provisions of the "Act to create a fund for the benefit of 
 the creditors of certain moneyed corporations, and for 
 other purposes," and also that the banks be required to 
 receive on deposit and in payment of debts due from indi- 
 viduals, the notes of each other. These provisions if 
 adopted, will give uniformity to the circulating medium, 
 and prevent any one bank from discrediting the bills 
 of another. Each bank should be compelled also, if prac- 
 ticable, to retain its specie now on hand, and to exhibit 
 periodically to the Bank Commissioner the fact that it 
 is still continued in their vaults with the exception of 
 such sums, as they may voluntarily choose from time to 
 time, to pay out in redemption of their notes, or for 
 other authorized purposes. The great object to be 
 desired, is to prevent the banks from selling their specie 
 at a premium, and you should by your act, visit upon 
 such institution thus disposing of its specie, the severest 
 penalties together with the forfeiture of charter. 
 
 "It is highly desirable, likewise, that the banks should 
 be restricted in their issues to such an amount, as will 
 answer the reasonable wants of the public, without suffer- 
 ing them to expand their circulation to such an extent, 
 as would retard the resumption of specie payments, a 
 measure highly demanded by the interests and character 
 of the country. And in order to secure a rigid enforce- 
 
292 STEVENS T. MASON 
 
 ment of the provisions of this law, I would recommend 
 such an amendment to your present statute, as will clothe 
 the Bank Commissioner and Chancellor with unrestricted 
 authority to close by injunction any institution found 
 violating the rules and restrictions you may prescribe 
 for them." Accompanying the message was the report 
 of the Bank Commissioner with detailed statement from 
 the thirteen banks of the State which showed combined 
 paid-in- capital of $1,697,305, and that unitedly they had 
 specie to the amount of $376,306.52, while their combined 
 circulation totaled $1,417,337.98. The Commissioner 
 prefaced his report with the statement that it ''fully 
 demonstrates that the banks of Michigan were under no 
 necessity to suspend specie pajonents except as a meas- 
 ure of defense to protect themselves from the conse- 
 quences that must inevitably result from the suspension 
 of the banks in New York and elsewhere." 
 
 Whether one took the cheerful view of the situation 
 which seems to have imbued the Commissioner or not, 
 it would seem that all would have agreed that the State 
 was abundantly supplied with banking facilities for the 
 time being, especially as their combined deposits 
 amounted to but $548,747.25, of which nearly $400,000.00 
 was in the banks of Detroit and their branches. Critics 
 of the Governor have expressed the opinion that he had 
 very little real appreciation of the true situation or he 
 would have recommended a repeal of the general banking 
 law but it is perhaps more nearly correct to say, that he 
 as well as the members of the Legislature did not foresee 
 the rascality and criminality to which certain persons 
 were to resort to evade the law's plainest mandates and 
 most obvious restrictions. On June 22, the Governor 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 293 
 
 approved an Act for the suspension of specie payments 
 in substantial conformity with the recommendations of 
 his message. It provided for a suspension until May 16, 
 1838; required banks to accept their own notes in pay- 
 ment of notes and drafts discounted by them; limited 
 the circulation of banks already in operation to from 
 about one and one-half times the capital actually paid in, 
 for the smaller banks, to an amount equal to the amount 
 of the capital stock paid in for the banks of $200,000 or 
 more capital; while all banks thereafter organized were 
 limited in their circulation to one and one-half times 
 the specie actually paid in and contained in the vaults 
 of the bank. Banks were prohibited from disposing of 
 their specie ; from directly or indirectly purchasing their 
 own or the notes of any other bank at a discount, and 
 from declaring dividends during suspension. Banks 
 were required to make monthly statements and the Bank 
 Commissioner given enlarged and ample powers to for- 
 feit the charter and wind up the concerns of any bank 
 he should find to be in a dangerous or insolvent condition. 
 This bill was passed by substantial majorities in each 
 House of the Legislature ; even Alpheus Felch, who had 
 been the opponent of the general banking law, giving 
 his endorsement to the measure for suspension, as did 
 likewise thirty other members out of the forty present 
 and voting. Upon approval of the suspension law the 
 Legislature adjourned and again the people hoped that 
 the worst was over. 
 
 During the winter the old home life of the Governor 
 was disturbed by the separation of the members of the 
 household; but the later days of June found them re- 
 united, the delicate mother having returned from the 
 
294 STEVENS T. MASON 
 
 South, whither she had gone to escape the rigors of the 
 Michigan winter, and the girls were again at home from 
 their school at Troy. The legislative session over, the 
 charm of the old home hospitality mingled with the stern 
 cares of state and politics. There were now thirty-seven 
 steamboats plying on the lakes, seventeen of which were 
 owned in Detroit. There were three arrivals daily, and 
 during the early days of the summer not a few visitors 
 of prominence visited the city and were guests at the 
 Mason home ; among the number was the noted Captain 
 Frederick Marryatt. The steamboat service between 
 Detroit and Buff alo was now thought to have attained the 
 acme of elegance and comfort, and numerous were the 
 commendatory resolutions carried by the papers which 
 from time to time were adopted by grateful passengers 
 testifying to their appreciation of boats and crews. But 
 while Detroit was thus favored, the western portion of 
 the State was showing the promise of equal enterprise. 
 On "Wednesday the 14th of June, 1837, the first steamboat 
 constructed in western Michigan slid from the ways into 
 Grand River at the pioneer village of Grand Rapids. 
 She was built by Richard Godfroy and others and was 
 fitted with engine and machinery taken from the Don 
 Quixote, — a steamer that had been wrecked upon the 
 western shore some time previously, while bearing the 
 press and materials for the first newspaper of the, to be, 
 second city of Michigan. The new steamer was chris- 
 tened ''The Governor Mason," and carried an elegant 
 stand of colors, the gift of the Governor in recognition 
 of the honor conferred. The launching of this pioneer 
 craft was a matter of far more than local interest and 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 395 
 
 was noted by the press of the State as the forerunner of 
 great things that were to follow. Her trial trip was made 
 to Grandville on the succeeding Fourth of July. It may 
 be of interest to know that this first steamboat of the 
 State's interior, bearing the name of the State's first 
 executive, ran irregularly to Lyons and to Grand Haven, 
 and in May, 1840, was wrecked near Muskegon harbor. 
 
 Political enthusiasm was now much awakened by the 
 visit of Daniel Webster to Detroit, his son Daniel F. 
 Webster having some time before become a practising 
 lawyer of the place; Mr. Webster arrived on the 8th of 
 July and three days later under the auspices of the Whig 
 organization of the city, he delivered one of his masterful 
 addresses to a large assemblage of citizens in the grove 
 on the Cass farm near First Street between Fort and 
 Lafayette Streets. The address was political in charac- 
 ter, and mainly devoted to a discussion of the financial 
 conditions of the country and the responsibility of 
 the dominant party therefor. At the conclusion of the 
 address some five hundred sat down to a dinner with the 
 distingniished guest. The meeting was considered a great 
 success, bringing encomiums from the Advertiser and 
 sarcasm from the Democratic press. The Michigan Argus 
 said of his speech, ''It should be stereotyped and become 
 the pocket companion of office-seeking declaimers in all 
 time to come ; ' ' and there is a familiar flavor in its further 
 comment, as it proceeds to say, ' ' The style, the language 
 and the manner, so far as can be judged by the language, 
 are most admirable for his purposes. Full of his hearers 
 and full of himself; in rapture of the country; and in 
 ecstacy mth his reception, he talks of his being a plain 
 
296 STEVENS T. MASON 
 
 man, and a farmer ; of wives and children ; tells liow tliey 
 do things 'at the north' and pats his neighbor upon the 
 shoulder in exclamation of his own philanthropy. ' ' 
 
 But even before the Whigs called their meeting, prep- 
 arations were in progress for the holding of a State con- 
 vention by the Democratic-Republicans for the nomina- 
 tion of State officers and a member of Congress. The 
 Convention which assembled at the Court House in Ann 
 Arbor July 20, 1837, met in pursuance of a call issued 
 by the Democratic central corresponding committee, as 
 the State organization was then called. Citizens who 
 now hesitate at the loss of a day for the purpose of a 
 State convention should ponder over the efforts of the 
 pioneers who in July 1837, passed weary miles of quag- 
 mire and corduroy at a liberal expenditure of time and 
 money, to be present at the gathering of party chieftains. 
 The Convention was called for Thursday, for the week 
 would be none too long for the coming and returning of 
 the greater portion of the delegates. The delegates who 
 assembled were a body of men whom any State at any 
 time might well be proud. Although clad in homespun, 
 many of them with bronzed faces and toil-stained hands, 
 they aptly typified the mental and physical force required 
 in the building of a State. The gathering was more than a 
 convention, it was a reunion of men whose bond of union 
 was both political and fraternal, born of kindred trials 
 and privations. The Convention proceeded to business 
 on the morning of the 20th by the selection of Hon. James 
 Kingsley of Washtenaw as temporary president and 
 George A. C. Luce of Oakland as temporary secretary. 
 The report of the committee on credentials showed 
 twenty-four organized counties of the State as repre- 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 297 
 
 sented, each by delegates from among their own citizens, 
 except the counties of Chippewa and Michilimackinac 
 which were represented by proxies held by the redoubta- 
 ble George E, Griswold and Conrad Ten Eyck of Wayne 
 with two other worthy citizens impressed for the occa- 
 sion. The report showed one huiidred and four delegates 
 entitled to seats, nearly all of whom were present, as 
 many as ninety-six answering to roll call. In the gather- 
 ing were men who w^ere destined to be forceful figures 
 not only in the political life of the State, but in its busi- 
 ness and material development as well. There was John 
 Ball of far awsij Kent, Benjamin 0. Williams of Shia- 
 wassee and Thos. Fitzgerald of Berrien. There were Gov- 
 ernors and United States Senators to be, in the persons 
 of William Greenly, Kinsley S. Bingham, and Charles 
 E. Stuart. There was Randolph Manning, John J. Adam, 
 Horace H. Comstock, Charles C. Hascall, and a score 
 of others whose memories still live through their achieve- 
 ments. From the county of Wayne one finds the names 
 of John S. Bagg of the Free Press, Garry Spencer, Ben- 
 jamin B. Kercheval, Titus Dort and Eli Bradshaw, 
 politicians who ranged all the way from the casual to 
 the practical and the professional, while from Monroe, 
 Lenawee, Macomb, and Washtenaw, and indeed from 
 many other counties, one catches an occasional name 
 once prominent in their respective localities, but now 
 long forgotten except to him who looks into the records 
 of the past. 
 
 The work of the committee on credentials accomplished, 
 the permanent officers were selected, in the persons of 
 James B. Hunt of Genesee as president ; Charles C. Has- 
 call, Vincent L. Bradford, Oliver Kellog and Samuel 
 
208 STEVENS T. MASON 
 
 Axford as vice-presidents; John J. Adam and Kinsley 
 Bingham as secretaries, and a committee on resolutions 
 was appointed, of which John S. Bagg was chairman; 
 the Convention then adjourned until the following day; 
 for the companionship was too congenial, the considera- 
 tions too weighty, and the way both in coming and return- 
 ing too arduous to permit of undue haste. On the follow- 
 ing morning the Convention proceeded mth due delibera- 
 tion to the nomination of candidates for Governor, Lieu- 
 tenant Governor and member of Congress. The Gov- 
 ernor showed his hold upon the affections of his party 
 by receiving upon a roll call of the Convention the 
 indorsement of the ninety-six delegates who responded 
 to the call, and was declared the unanimous nominee of 
 the Democratic-Republican party for the office of Gov- 
 ernor. Informal ballots for nominees for the offices of 
 both Lieutenant Governor and member of Congress dis- 
 closed substantial opposition to the renomination of both 
 Lieutenant Governor Edward Mundy and Congressman 
 Isaac E. Crary, the ballot for Lieutenant Governor dis- 
 closing fifty-three votes for Mundy, while Warner Wing 
 led the opposition with forty-one. Crary could secure 
 but the votes of fifty-one to the forty-two cast for James 
 B. Hunt. Unable to make further progress, the Conven- 
 tion referred the two nominations to a committee of eight, 
 who, after some hours of deliberation, reported to the 
 Convention that it was likewise unable to agree, when 
 the Convention again took up the question and on the 
 first formal ballot nominated Edward Mundy for the 
 office of Lieutenant Governor, by a vote of fifty-eight to 
 thirty-seven for Warner Wing, and Isaac E. Crary as 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 309 
 
 candidate for congress by vote of fifty-nine to thirty- 
 four for James B. Hunt. 
 
 The committee on resolutions authorized to issue a 
 future address to the people, offered, and had unan- 
 imously adopted, resolutions pledging loyalty to their 
 nominees; felicitating Andrew Jackson with the hope 
 that ''he might be as happy in retirement as he had been 
 useful in public councils;" resolved their confidence in 
 the "ability, energy, and democracy" of Martin Van 
 Buren and bespoke for his administration "a broad and 
 liberal policy for the advancement of western interests." 
 It stated its position as to the cause of the financial 
 embarrassment of the country, by declaring it to have 
 sprung "from a spirit of extravagant over trading and 
 speculation produced and fostered by the rapid increase 
 of banks and the excessive issues of paper money," and 
 further declared its conviction "that the best remedy 
 against a recurrence of the evil is, to establish a broader 
 specie basis for our banking system." It "discorded" 
 and "protested" "against the doctrine that the general 
 government is incapable of fulfilling the objects of its 
 formation without the assistance of incorporated wealth 
 in the form of a national bank," and resolved "that the 
 substantial prosperity of the United States will be best 
 promoted by an entire separation of their fiscal concerns 
 from the private concerns of individuals or corporations, 
 state or national." Its central corresponding committee 
 selected, the Convention adjourned and the campaign 
 was on in earnest. 
 
 On August 2 following, the Whigs assembled at Ann 
 Arbor for their State convention; although the votes 
 
300 STEVENS T. MASON 
 
 in the. Convention seemed to indicate quite as full an 
 attendance as in the previous Democratic-Republican 
 gathering, they were less representative; little more 
 than half the counties sent delegates, a correspondingly 
 larger number being from the counties of Wayne, Wash- 
 tenaw and their contiguous territory. Their proceed- 
 ings were executed with as much dispatch as their oppon- 
 ents had taken leisure, and the records of their proceed- 
 ings seem to be correspondingly meager, their party 
 organs giving but little more than the briefest notices. 
 Their deliberations resulted in the nomination of Charles 
 C. Trowbridge of Detroit for the office of Governor, 
 Daniel S. Bacon of Monroe for Lieutenant Governor, and 
 Hezekiah G. Wells of Kalamazoo for member of Con- 
 gress. 
 
 Charles C. Trowbridge was himself a young man at 
 this time, but thirty-seven years of age; but he was 
 nevertheless one of the solid, substantial, business men 
 of Detroit, where he had resided for nearly half his life- 
 time. Coupled with his good business abilities were 
 literary gifts of no mean order, while his popularity had 
 already been attested by his election in 1834 to the mayor- 
 alty of his city, in which position he had rendered heroic 
 service during the weeks of the cholera scourge, — a serv- 
 ice that was still gratefully remembered by the people. 
 
 Daniel S. Bacon was likewise a man of deserved popu- 
 larity in his home county, where he had resided since 
 about 1822 ; he had served in the Territorial Council, was 
 the business partner of Levi S. Humphrey, whom the 
 Governor had recently appointed to the Board of Inter- 
 nal Improvements, and was in every way a gentleman of 
 rare quality. 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 301 
 
 Hezekiah G. Wells was at this time a brilliant young 
 lawyer; although but twenty-five years of age he had 
 nevertheless been four years a resident of the State, had 
 served as a delegate in the Constitutional Convention of 
 1835, and had impressed many people beyond the limit 
 of his immediate acquaintance mth the high order of his 
 abilities. 
 
 With such gentlemen upon their ticket and the national 
 administration bearing the burden of an unprecedented 
 financial depression, there was every reason for the 
 Whigs to look forward with hope of success in the coming 
 election. But it was quite evident that they were not 
 sanguine of success in the congressional contest, at least 
 there remain very few evidences of energetic action to 
 that end on the part of either the "WTiig press or party. 
 Ten days following their Convention the committee on 
 address of the Democratic-Republican party issued its 
 authorized address to the people of Michigan, reciting at 
 great length the financial condition of the country and the 
 causes that had contributed thereto, chief among which 
 was gibbeted the Bank of the United States. The virtues 
 and abilities of the candidates were generously recorded 
 and all Democrats admonished that, if they would pre- 
 serve and protect the free principles of their party, they 
 '^must act with the eternal vigilance which is the guar- 
 antee and the price of liberty." The Wliig committee 
 replied with an address of like character but of import 
 adjusted to its partisan desires, "unveiled democracy" 
 and called upon all men who would extricate the govern- 
 ment from the control of incompetence and impending 
 war to vote for Trowbridge, Bacon, and Wells. 
 
 The Democratic papers occasionally reminded the 
 
302 STEVENS T. MASON 
 
 Irish and German voters that it was the Democratic- 
 Republican party in Michigan that had placed in the 
 State Constitution the provisions which insured his 
 rights of franchise while the vote of Hezekiah G, Wells, 
 William Woodbridge and other Whigs had opposed ; but 
 otherwise the canvass seemed to pass without comment. 
 
 Yet the two days' balloting was spirited beyond evi- 
 dent expectation, for the canvass of the votes disclosed 
 that a total of 21,729 had been cast, of which Isaac E. 
 Crary had received 11,430 and Hezekiah G. Wells 10,299, 
 giving Crary a majority of 1,131. While this was a 
 fairly decisive majority considering the total vote, yet 
 as 821 of the majority had been contributed by the coun- 
 ties of Wayne and Monroe, it gave encouragement to 
 the Whigs for the belief that to achieve success at the 
 approaching State election they had but to exert the 
 effort which was well within their power. 
 
 From this time forward, at least so far as Governor 
 Mason was concerned, it was a campaign of the bitterest 
 invective and most uncompromising personal character. 
 No move in the so-called game of politics seems to have 
 been overlooked, and no charge that could be predicated 
 upon a semblance of facts seems to have been under- 
 stated. An eifort was made to place a second Whig 
 ticket in nomination and a more or less unrepresentative 
 gathering named William Woodbridge of Detroit for 
 Governor and William H. Welch of Kalamazoo for Lieu- 
 tenant Governor. The Democrats would have been 
 pleased to have had the two gentlemen flattered into 
 accepting the nominations and making the canvass, as it 
 would have insured the division of the Whig vote, and 
 their press consequently referred to both gentlemen in 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 303 
 
 respectful terms, especially of Mr. Woodbridge, of whom 
 they said that while he was '*a Federalist of the old 
 school he had always been consistent in the support of its 
 doctrine." But the project from whatever source it 
 emanated failed, as both gentlemen declined the prof- 
 fered honors. But if Democratic hopes were frustrated, 
 Whig efforts in the same direction were destined to meet 
 with more success. At the height of the campaign, hand- 
 bills on the streets of Detroit announced a meeting at 
 the State House for the nomination of candidates for 
 the offices of Governor and Lieutenant Governor. At 
 the time appointed, if we are to believe the Whig organ, 
 *'a numerous delegation from several counties assem- 
 bled ; " if we are to credit the account of the Free Press, 
 the ''numerous delegation consisted of just seven self- 
 appointed members." But numerous or otherwise, they 
 proceeded to nominate Edward D. Ellis of Monroe for 
 the office of Governor and John Biddle of Detroit for 
 Lieutenant Governor, as candidates of the Jeffersonian 
 Democracy. Mr. Ellis had served in the Constitutional 
 Convention, in the first Convention of Dissent, and in 
 the State Senate since the formation of the State govern- 
 ment; the editor and publisher of a newspaper at Mon- 
 roe, he was nominally a supporter of Democratic princi- 
 ples, yet he was of that peculiar temperament that seem- 
 ingly put him out of accord with the party mth which 
 he affiliated, so that his vote in matters of legislation and 
 policy was more often against than with them. Mr. 
 Biddle, while he had at times occupied equivocal political 
 positions, had for more than a year as a delegate to con- 
 ventions, and as a candidate for the State Senate been 
 actively identified with the Whig party. The nomina- 
 
304 STEVENS T. MASON 
 
 tions whether conferred by a gathering of seven or by 
 a numerous body, for a time created no small amount of 
 anxiety in the camp of the Democratic-Republican party. 
 Mr. Ellis at once announced himself as the candidate of 
 the "Simon Pure" Democracy and indeed may have 
 thought himself such, but the charge was made, and 
 there is reason to believe that it was made upon a basis 
 of fact, that the campaign of the Jeffersonian Democ- 
 racy of 1837 was financed from the Whig exchequer. In 
 June a weekly newspaper of the more radical variety, 
 devoted to the Whig cause and known as The Spy in 
 Michigan began publication at Detroit. Its comments 
 and criticisms were even more caustic than in those 
 papers which had seemingly furnished all that had been 
 demanded in that line; and now, upon the nominations 
 of Ellis and Biddle, from the same office of publication 
 although under different editorship, came the Jefferson- 
 ian Democrat, a newspaper which though it did not live 
 beyond the campaign, nevertheless during its brief and 
 precocious existence zealously attacked the conditions 
 that were, and incidentally proclaimed the benefits to be 
 derived to the State through the election of Edward D. 
 Ellis and John Biddle. 
 
 In the gathering interests of the campaign, the young 
 men of the State were called upon to elect delegates to 
 a Young Men's Democratic-Republican Convention, 
 which they did; the delegates assembled in goodly num- 
 ber on October 5 at Ann Arbor, where for the day they 
 stimulated their enthusiasm with fervid oratory and 
 brought forth resolutions commending the principles of 
 their party and pledging allegiance to its nominees. In 
 the personnel of the Convention were several young men 
 
TOWXSEXD E. (.IKJ.EV. 
 Menibor of the first State Constitu- 
 tional Convention and nioniber of the 
 Stato Lctrislatin-p 1S35-42. and later 
 Whi.u- candidate for Governor in 1S51. 
 
rillLO C. FULLER 
 State Ut'proseiitativH and Speaker of 
 
 the House in 1841. 
 Governor in 1841. 
 
 Whig- candidate for 
 

 Mr^^S^^^^^^ 
 
 V 
 
 \ 
 
 'm. w^^l 
 
 \ 
 
 
 ^K'i M " 'i^/w 
 
 1 
 
 
 \I < yi 
 
 ' 
 
 
 
 
 fc 
 
 
 . 
 
 1 
 
 1^1 
 
 1 
 
 
 
 ^fl 
 
 STEl'HEX VICKERY 
 
 :Mcinl)<'r (if tlu' State Log-lslaturo l,s:;s-lS4s. 
 From the pirtrait Ivy Alvah Biailish. hanging- in Ufciiresentatives' Hall in the 
 
 Capitol. 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 305 
 
 like Hovey K. Clark, Alplieus Felch and Ebenezer B. 
 Harrington, men wlio were destined to exert more than 
 a local influence in public affairs. 
 
 The young men of the Whig party, not to be outdone, 
 followed with a like Convention but not being the result 
 of as mature plans, it was less numerously attended; 
 its appeal to the young men was perhaps as effective 
 as if it had proceeded from a more numerous Convention. 
 Nearly every county and senatorial Convention now 
 issued its high sounding address to the people ; the set- 
 tlers gathered from distant places, coming either on foot 
 or in loads not infrequently drawn by leisurely moving 
 ox-teams to attend during an afternoon or to sit in the 
 half-dispelled darkness of some candle-lighted room, 
 where men like Charles E. Stuart and Jacob M. Howard 
 extolled the principles of their party and derided the 
 opposition to the infinite delight of their auditors. Like- 
 wise the anonymous contributor to the weekly newspaper 
 over the name of "Civis," '^dissatisfied Democrat," or 
 '*Non office-holding Whig," now filled the columns of 
 the newspapers with articles teeming mth invectives, 
 sarcastic allusions and frequently untruthful statements. 
 One contributor says, ''Mason came here a boy of about 
 nineteen, born and raised in Kentucky with all the attri- 
 butes of a domineering population. His education was 
 very imperfect and, it is believed that he could not have 
 written a page of respectable English. His morals were 
 still worse but entirely in southern style." The article 
 closed with the statement "his time has been too much 
 devoted to the tavern, the billiard-table, the ball-alley, 
 and the theatre to admit of much mental cultivation." 
 Sometimes the opposing editor attempted to refute 
 
306 STEVENS T. MASON 
 
 charges with argument and proof, but more often he 
 quoted the offending article and closed with the state- 
 ment to the effect that ' ' a more malicious, malignant, and 
 damnable falsehood was never penned by any man." 
 Small provocation seemed to excite editorial wrath; and 
 when pajjer, candidate or party was attacked, the editor 
 grabbed and hurled bacfe such words as ''lies," "knave," 
 and "scoundrel," with a license that astonishes the pres- 
 ent day reader of their time-stained pages. One of the 
 charges brought against Governor Mason of course was 
 that he had been a ' ' traitor ' ' to the State in that he had 
 been instrumental in the relinquishment of the land upon 
 the southern border. Another matter, the occasion of 
 much comment was the fact that he had been voted the 
 sum of five hundred dollars as house rent by the Legisla- 
 ture; the constitutionality of the act forming the basis 
 of the accusation that the money had been wrongfully 
 taken. Another story which was given columns of news- 
 paper space and dignified as a scandal of the first order, 
 charged the Governor with vote-buying at the August 
 election. G. L. Whitney, a Whig newspaper writer of 
 Rochester, New York, being in Detroit at the time of 
 the congressional -election observed a man who- had the 
 appearance of a laborer, who proved later to have been 
 John Weese, a local butcher, approach the Governor in 
 front of the National Hotel and procure from him a 
 bank note of some denomination; he at once wrote a 
 highly colored account of the Michigan election to his 
 home paper in which he represented the -Governor of the 
 State as openly purchasing votes upon the public streets 
 of his home city. The paper was received a few days 
 later at Detroit, and the story was seized with avidity 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 307 
 
 and printed in detail by the local Whig press. It mat- 
 tered not that the Governor said that Weese asked the 
 loan of a dollar on the day mentioned and that he had 
 accommodated him; that he offered proof of the fact by 
 others standing by and showed by the records that Weese 
 had in fact voted the day before the transaction in ques- 
 tion. The story with all the new^ embellishments that 
 could be locally suggested was reprinted and carried for 
 distribution to the distant towns and villages of the 
 State. 
 
 This charge, and the charge of intemperance brought 
 his only published statement of the campaign; and that, 
 too, in strange contrast to the vicious attacks that had 
 been made upon him. Reviewing the charges that had 
 been brought against him, he said : ' ' To all this I have 
 heretofore opposed nothing and even now my own pride 
 of character will not permit me to give such imputations 
 the dignity of a serious refutation. That they are unjust, 
 those who best know me will give evidence. In private 
 life I have endeavored to do no man wrong, and it ia 
 with regret that I have seen so much personal vindictive- 
 ness infused into the present contest. I question no 
 man's motive; impeach no man's character and I have 
 yet to learn that I commit an act of moral turpitude by 
 entertaining political opinions different from those indi- 
 viduals who have become censors upon the occasion." 
 This dignified statement only brought the reply that he 
 was hypersensitive and enjoyed seeing his name in the 
 papers. In October the personal character of the cam- 
 paign became such that some seventy-five of the leading 
 Democrats of the city of Detroit joined in a lengthy 
 address to the people of the State in refutation of the 
 
308 STEVENS T. MASON 
 
 charges personal and official that had been laid against 
 the Governor, — prefacing their address by saying, 
 "Because of the course of ungenerous denunciation pur- 
 sued by the opponents of Governor Mason, leaving the 
 usual path of political discussion and official inquiry, 
 and adopting the scheme of destroying reputation by 
 misrepresentation and slander, the immediate neighbors 
 of the Republican candidate who know the falsehood and 
 injustice of the charges urged against him, are called 
 upon by an imperious sense of duty to repel them. ' ' 
 
 The vote-buying story and the excitement it and the 
 subsequent State election occasioned led a local artist 
 of that day, Mr. T. H. 0. P. Burnham, to depict the events 
 of the first election upon canvas. Now when three-quar- 
 ters of a century are past, the actors gone, and the ani- 
 mosities forgotten, this crude picture which hangs in the 
 Detroit Museum of Art is one of the most interesting 
 and amusing legacies of that eventful day. 
 
 In one of his message utterances the Governor had 
 suggested that in the adoption of a penitentiary system 
 of discipline the Legislature should provide the convicts 
 with the means of useful employment, rather than keep 
 them in solitary confinement, as a means best tending to 
 the develompent of a self-reliant member of society. This 
 recommendation was now seized upon by a society of 
 artisans in Detroit, known as the Mechanics Society who 
 made it the basis of a resolution against the Governor 
 as the enemy of free labor. The chief interest in the 
 event is that it discloses that a problem that is still trou- 
 blesome had its beginning before the walls of the first 
 penitentiary were reared. 
 
 In September, Governor Mason betook himself to New 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 309 
 
 York in an effort to negotiate the whole or some portion 
 of the five million dollar loan. Surveyors and engineers 
 were already upon the surveys gathering data for sub- 
 mission to the next Legislature through the Board of 
 Internal Improvements, and it was evident that if the 
 expectations of the people were met, the loan must of 
 necessity be in hand. Some effort was made to create 
 political sentiment in the matter by persistent inquiry on 
 the part of the "Wliig papers as to why the loan had not 
 been made and insinuation that it never would be made. 
 In early October the Governor returned and gladdened 
 the hearts of at least his friends mth the tidings that 
 the loan had in effect been negotiated and only awaited 
 certain changes of a minor nature in the law before the 
 matter could be finally closed. There was jubilation 
 among the Democratic papers when this news wag 
 announced and no doubt it had a material bearing on 
 the outcome of the election. The last appeal was made 
 to the settlers who had settled upon the land in the west- 
 ern parts of the State where the Indian title had been 
 but recently extinguished by treaty, and which had either 
 not yet been brought into the market, or which under the 
 act supplemental to the Act under which the State was 
 admitted, would be subject to the State 's election for the 
 purjDoses that were in that Act specified. The circulars 
 conveying the spurious information of the dire calamity 
 that Governor Mason and his friends were about to 
 inflict upon the settlers, was hurried across the State 
 to the \dllage of Grand Rapids and from there distrib- 
 uted to the voters in the remote clearings, in the hope 
 that the almost solid democratic vote of Kent might be 
 reduced if not reversed. The Democratic papers gave 
 
310 STEVENS T. MASON 
 
 their last notes of appeal and warning and on election 
 day the voters gathered to do battle in more than a 
 figurative sense for the candidates and principles to 
 which they gave allegiance. 
 
 The election, so far as the city of Detroit was con- 
 cerned, was a day of great excitement. Never had there 
 been a political contest of such a character. The banners 
 and processions which the picture above referred to 
 attempts to depict were actual incidents of the day. The 
 Wliig procession, with the ship Constitution commanded 
 by Captain Robert Wagstaff as its central feature, pre- 
 ceded and followed by the enthusiastic suj^porters of 
 Charles C. Trowbridge, was fully equalled by the proces- 
 sion which is seen in the right of the picture, led by James 
 Stillson the Mayor-domo of the local Democracy. He 
 is astride the steed of equal rights ; on his hat is inscribed 
 ''Gold and Silver currency" and by his side is carried 
 the banner of the regular Democratic nominee, Stevens 
 T. Mason. Behind the gaily caparisoned Stillson, 
 although not shown in the picture, came several yoke 
 of sleek oxen bedecked with flags and fluttering ribbons 
 and a marching column of citizens ready and even anxious 
 for any fray. The central figure in high boots, black 
 coat and silk hat is easily recognized as Governor Mason 
 who is handing a ticket to a "sovereign" whose com- 
 panions to all appearances will hardly miss the rye that 
 is freely flowing from the black bottle. Near by Colonel 
 David C. McKinstry, State chairman of the Democratic- 
 Republican committee, leans upon his staff; by his side 
 Benjamin Kingsbury of the Morning Post, flanked by S. 
 H. Harris and John Norvell is in earnest dispute "with 
 Franklin Sawyer of the Advertiser who is supported by 
 
FINANCIAL DIFFICULTIES AND THE ELECTION OF 1837 311 
 
 George C. Bates. It is said that the election did not close 
 without a fight in which some two hundred engaged ; but 
 if the day had crudities that have been forgotten, it had 
 amenities that may well be remembered and perhaps 
 none more deservedly so than the incident in which the 
 genial Governor in passing to the polls espied his oppo- 
 nent and straightway took him by the arm and said, 
 ''Come let us go and vote for one another," which arm 
 in arm amid the cheering of the multitude they proceeded 
 to do. 
 
 The contest resulted in a victory for Mason and 
 Mundy. The vote as canvassed by the Legislature in 
 joint convention showing 15,314 votes for Stevens T. 
 Mason and 14,800 for Charles C. Trowbridge, a plurality 
 of 514 for the Democratic-Republican ticket. Governor 
 Mason lost the county of Wayne by 68, but carried the 
 city of Detroit by 38. Washtenaw County, which Isaac 
 E. Crary lost in the congressional election by a majority 
 of 159, Mason lost by a plurality of only 27. In Monroe, 
 the home of Daniel S. Bacon, candidate for Lieutenant 
 Governor on the Whig ticket and of Edwin D. Ellis, can- 
 didate for Governor on the Jeffersonian-Democratic ticket, 
 — and where Crary had. received a majority of 357, — 
 Mason received a plurality of 342. Indeed, the Jefferson- 
 ian-Democratic ticket made a sorry showing for the 
 effort expended in its behalf, as the returns showed but 
 311 votes cast for its candidate for Governor. 
 
 A majority favorable to the administration was elected 
 to both House and Senate ; but in both Houses there was 
 a goodly number of the opposition. William Woodbridge 
 among other Whigs was returned to the Senate, and 
 Jacob M. Howard, To^^^.lsend E. Gidle}^, Stephen Vickery 
 
}12 STEVENS T. MASON 
 
 and others of the same political faith were given seats in 
 the House. The majority party was represented in the 
 Legislature by a number of strong men, John S. Barry, 
 Warner Wing, Benjamin B. Kercheval, in the Senate, 
 and Kinsley S. Bingham, Robert McClelland, John Ball, 
 Alexander W. Buel and Charles Moran being among 
 some of the better known of the House. 
 
 The excitement of the campaigTi and the election were 
 still fresh in mind when on November 9, the second Legis- 
 lature reassembled in pursuance of its adjournment of 
 the preceding March. 
 
CHAPTER XVI 
 
 Governor Mason's Second Term 
 
 THE third Legislature assembled on tlie 2nd day of 
 January, 1838, only Saturday and Sunday interven- 
 ing between its commencement and the final adjourn- 
 ment of its predecessor. Kinsley S. Bingham of the 
 Democratic-Republican majority in the House was 
 chosen speaker and Alexander W. Buel speaker pro tem. 
 In the Senate Edward Mundy presided by virtue of his 
 office of Lieutenant Governor, John S. Barry again being 
 selected as president pro tem. 
 
 The session was destined to be one beset with many 
 difficulties, for not only were there grave and perplexing 
 problems to be considered, but they were to be compli- 
 cated in a measure by the bitter personal and partisan 
 feeling that had already been engendered and that was 
 to be still further fomented by some of the belligerent 
 spirits of the legislative body who become more intent 
 upon perplexing those charged mth official repsonsibility 
 than upon assisting in the solution of the problems which, 
 uncomplicated, would have been sufficiently difficult. 
 
 Complications within the neighboring provinces of 
 Upper and Lower Canada were likewise approaching a 
 crisis that was to result in open rebellion in the so-called 
 Patriot war ; which, while in did not directly involve the 
 State government, did enlist the sympathies and to a 
 considerable extent the activities of many of its citizens 
 at Detroit and in other towns upon the border. Michi- 
 
314 STEVENS T. MASON 
 
 gan's private and official relation to the uprising was of 
 such a character as to require treatment in a separate 
 chapter than incidentally here in the sequence in which 
 the events occurred, as is likewise true of the main phases 
 of the State 's experience with the same scheme of internal 
 improvements and the financial questions which were 
 directly connected therewith. 
 
 Upon the opening of the Legislature, before the mem- 
 bers in joint assembly and a numerous gathering of citi- 
 zens the Governor appeared, to publicly take his consti- 
 tutional oath of office; but, before doing so, in keeping 
 with the custom of the day, he proceeded mth a short 
 inaugural address. The address was short, and felicitous 
 in character, although there are passages which indicate 
 a livel,y remembrance of the contest which had but 
 recently closed. "With the charity of the victor he admon- 
 ished his fellow officials to remember ''that even when 
 his integrity has been assailed, the vilest and worst of 
 motives attributed to his conduct, he has only to await 
 the development of time, and trust to the good sense 
 and justice of the people who will right the wrong done 
 him." The address was intended as a message of good 
 will, and we ma}' well believe that its concluding suppli- 
 cation for the guidance and protection to the Supreme 
 Ruler of nations was honest and sincere. 
 
 The annual message which two days later the Gover- 
 nor delivered to the two Houses of the Legislature con- 
 tained little that was new in point of policy, but was 
 devoted rather to the emphasizing of propositions and 
 policies that had received attention in his former mes- 
 sages. He called' attention to a deficit in the year's 
 expenditures for general purposes of $13,353.68 which 
 
GOVERNOR MASON'S SECOND TERM 315 
 
 lie says ''has been brought about by circumstances 
 unavoidable and beyond the control of the executive," 
 the conditioai being the result of the special and pro- 
 tracted sessions of the Legislature and the interest pay- 
 ments upon the State loans, coupled with the fact that 
 several of the counties were in arrears with returns of 
 State tax to the amount of eighteen thousand dollars. 
 This embarrassing situation in the State finances he 
 neither sought to palliate nor deny. He plainly stated 
 the facts and recommended the change of the laws in 
 such a manner as might be found necessary to insure 
 prompt remittance of State taxes, a thing which was to 
 be supplemented by ' ' the exercise of the most rigid econ- 
 omy in our expenditures," correctly observing that in 
 this regard, the people would not be satisfied by ''pro- 
 fession or declamation." 
 
 The question of internal improvements, as would have 
 been expected, was extensively treated, the Governor 
 being still persuaded that the system of internal improve- 
 ments was a matter of great importance ' ' to the eventual 
 and permanent prosperity of the State." In this posi- 
 tion the Governor was in entire accord with the vote and 
 sentiment of Abraham Lincoln, then a member of the 
 Illinois Legislature and with many other men whose 
 names have since become known in connection with par- 
 ticular States and the Nation, who in the earlier days 
 were supporters of schemes of internal improvements 
 within their respective States upon scales of magnificence 
 far beyond anything ever attempted by Michigan. 
 
 The Governor was willing to stand for the prosecution 
 of the works already undertaken, but there was a note of 
 caution in the message, that leads one to believe he was 
 
316 STEVENS T. MASON 
 
 beginning to feel that the Legislature under the pressure 
 of the conflicting local interests was being involved in a 
 series of projects beyond both the needs and the financial 
 ability of the State. The. message disclosed that there 
 had already been $438,551.49 placed to the credit of the 
 internal improvement fund of which on December 1, 
 $322,321.42 had been expended, leaving a balance of $116,- 
 237.07. The expenditure included $139,802.79 paid on 
 account of the Detroit and St. Joseph Railroad Company 
 as well as the surveys which had been prosecuted during 
 the summer months upon the Northern, Southern and 
 Central Eailroads, the Havre Branch road and the Clin- 
 ton and Kalamazoo, the Saginaw, and the Sault Ste. 
 Marie Canals and the reconnaissance of the St. Joseph, 
 Grand, and Kalamazoo Rivers, with the design of improv- 
 ing them for the purposes of navigation. Special atten- 
 tion was paid to the proposed canal around the Falls of 
 St. Mary's River which the report of the engineers said 
 could be constructed at a cost not exceeding one hundred 
 and fourteen thousand dollars. The Governor recom- 
 mended that this project be given such an appropriation 
 as would insure the completion of the work during the 
 year, so that the State might early secure the benefit, as 
 he stated, *'of the extensive and abundant resources of 
 the country on the shores of Lake Superior." Some of 
 the enterprises in the State 's scheme of internal improve- 
 ments wore exceedingly ill-considered, yet the Governor's 
 zeal for the Canal at the 'St. Mary's was highly com- 
 mendable ; although his purposes in that regard through 
 causes beyond his control were doomed to failure. This 
 is more especially true inasmuch as years later when the 
 effort to construct the canal was renewed Henry Clay 
 
GOVERNOR MASON'S SECOND TERM 317 
 
 opposed the project, as '' beyond the remotest settlement 
 in the United States." 
 
 The Governor's recommendations on the subject of 
 internal improvements, the temper of the time consid- 
 ered, were rather conservative than otherwise. "The 
 loan already authorized for internal improvements," 
 said he ' ' amounts to the sum of five million dollars, and 
 it may be questioned, whether with the most rigid econ- 
 omy that sum will be equal to the construction of the 
 works now undertaken." He therefore advised that no 
 more projects be undertaken until the means of the State 
 increased and her resources developed. 
 
 He again referred to the subject of education with all 
 of the enthusiasm that ever marked his interest in that 
 part of the State's activity. These sentiments, while not 
 new, are of a character worthy of both the man who 
 expressed them and of the system that came into being, 
 in large measure, from his efforts. 
 
 Said he, "Every free Government is called on by a 
 principle of self-preservation, to afford every facility for 
 the education of its people. The liberty of a people can- 
 not be forced beyond their intelligence. ' ' Again he said, 
 "If our country is ever to fall from her high position 
 before the world, the cause will be found in the ignorance 
 of the people ; if she is to remain where she now stands, 
 with her glory undimmed, educate every child in the 
 land." 
 
 The financial condition of the State justly received 
 extensive notice. Frequent attention has been called to 
 the Governor 's statement in this message, relative to the 
 general banking law under which the "wild-cat banks" 
 were then in the process of organization. Said he, ' ' The 
 
318 STEVENS T. MASON 
 
 principles upon which this law is based, are certainly 
 correct, destroying as they do the odious features of a 
 bank monopoly, and giving equal rights to all classes of 
 the community." This statement was made in relation 
 to the i30wer of the Bank of the United States. It is not 
 a defense of the law in all its details nor of all the meth- 
 ods pursued under it. He not only recognized the dan- 
 gers but plainly stated them. * ^ The dangers to be appre- 
 hended from the abuse of the system," he said, ''are 
 over-issues of bank paper, a dangerous extension of 
 credit, fluctuations in our currency, and consequent 
 fluctuation in the prices of property and the wages of 
 labor. It becomes your duty, then, to guard against these 
 evils." Preceding these statements he had said, "The 
 multiplication of banks and bank issues does not produce 
 real capital. The productive labor of the country is the 
 true foundation of all the capital, and banks are the con- 
 sequence, rather than the cause of a nation's wealth. 
 Gold and silver is the only medium of exchange recog- 
 nized by the commercial world; bank paper was orig- 
 inally designed as a representative for this metallic 
 medium but not as a substitute for it. The attempts 
 to substitute paper, by excessive bank issues for real 
 capital, disturbs the natural laws of trade, and is always 
 attended with fluctuations and revulsions." 
 
 The orthodoxy of these statements will not be ques- 
 tioned, and they hardly warrant the claim made by his 
 later day critics that the financial ills of Michigan in 
 1837 came because the executive was unschooled in the 
 elementaries of such affairs. 
 
 Others have found in the Governor's recommendations 
 for the establishment of a State bank a vagary from 
 
GOVERNOR MASON'S SECOND TERM 319 
 
 which the State escaped by only the utmost good fortune ; 
 and yet just such an institution organized at this time 
 under the laws of the State of Indiana through the days 
 of perilous financial adventure did a good business, main- 
 tained a safe currency and after several years closed its 
 affairs without loss. 
 
 He again urged the abolition of imprisonment for debt, 
 commended the scientific and commercial value of the 
 geological survey and outlined in a comprehensive way 
 the system of punishment and discipline that should 
 obtain in the prison about to be established at Jackson. 
 His recommendation was that convicts be engaged at 
 productive labor to the end that there might be ''refor- 
 mation of the morals of the corrupt and wicked, the 
 enlightenment of the ignorant, and the employment of 
 the idly disposed;" although, perhaps, remembering the 
 opposition of the Mechanics' Society in the election, he 
 favored the employment of the convicts as far as possible 
 in manufacturing those things ''supplied by importation 
 from abroad." 
 
 Shortly after the commencement of the legislative ses- 
 sion the Governor procured from Henry E. Schoolcraft, 
 his warm personal friend, a communication that illus- 
 trates in an unconspicuous manner the Governor's 
 genuine love for and interest in his State ; it was a docu- 
 ment prepared at the Governor's request suggesting a 
 list of geographical names with their derivation that 
 would be suitable for the newly mapped lakes and 
 streams and the newly created towns and counties of the 
 S^ate. The list prepared by Mr. Schoolcraft was of great 
 interest, being composed largely of aboriginal names, 
 which, as he stated, "were both sonorous and signifi- 
 
320 STEVENS T. MASON 
 
 cant." But few of the names suggested were later given 
 to the geographical subdivisions of the State; among 
 such were Iosco, diluvial lands ; Tuscola, flat lands ; Cal- 
 amo, honey woods; Oscoda, pebbly plains; Alpena, the 
 partridge lands, etc. Such names, had they been more 
 extensively applied, in the language of Schoolcraft, would 
 have ''invested portions of the public domain with his- 
 toric and poetic associations of a noble-minded but down- 
 trodden race." 
 
 Although the legislative session continued until April 
 6, few if any laws were enacted that involved anything 
 new in the way of policy. Under the authority of an Act 
 of March 22, 1837, the Governor had appointed Jacob 
 Beeson, H. P. Cobb and H. Stevens, commissioners, to 
 visit such places in the State as in their opinion pre- 
 sented the greatest advantage for the location of a State 
 prison; to receive proposals for a site and for building 
 materials and to gather information as to what system 
 of discipline was the most humane and most efficient for 
 answering the ends of such an institution. Early in the 
 session the commissioners made their report to the Legis- 
 lature. While the report would come far from express- 
 ing the ideas of the modern criminologist, it showed that 
 the commissioners had carefully investigated the subject 
 and from a personal inspection of the prison at Auburn, 
 N. Y., and the one at Philadelphia, Pa. by one of their 
 number they recommended that the one at Auburn be 
 taken as the copy for the Michigan institution. Per- 
 haps not the least determining factor was the fact that 
 the Commissioners found the prison at Auburn to be 
 more than self-supporting, — a feature, however, that 
 
LUCIUS LYOX 
 
 Deputy UuitiMl Stiifi's Surveyor in the Xnrthwest from 1S-J2. One of the first 
 
 U. S. Senators from Micliiiian. eleeled in ls;ri. Later Surveyor (ieneral 
 
 of Miehigan. Ohio and Indiana. 
 
Di;. KnrcLAss liorciiTox. 
 
 Survi'V r and iiri.iiiiiicur Wlii.;;- lucinluT 
 
GOVERNOR MASON« SECOND TERM 32i 
 
 they were unable to give permanency to in the Michigan 
 copy. 
 
 Several towns made spirited competition for the loca- 
 tion of the institution, the village of Grand Rapids being 
 among the number. Jacksonburg was ultimately selected, 
 although for a time the citizens of Sandstone, or Barry 
 as it was then called, a village on Sandstone Creek some 
 four miles west of Jackson, believed that they were to 
 be the prison town. Half a century later an old resident 
 of the competing village who had lingered while almost 
 every vestige of the town had passed away, but who still 
 remembered the contest, explained that Sandstone lost 
 the prison because her people made all their offers to 
 the State, while the citizens of Jackson made their offers 
 to the Commissioners. The Commissioners were author- 
 ized to begin the immediate construction of one wing of 
 the prison, and before the following autumn a plank 
 structure enclosed in a palisade of tamarack logs was 
 serving as a place of detention for the convicts who were 
 employed in the building of what is now the west wing 
 of the main structure. From that time forward ''The 
 Tamaracks" was a term of sinister and penal signifi- 
 cance. 
 
 Another matter which the Governor approached with 
 his characteristic energy and interest was the develop- 
 ment of the saline deposits of the State. For many 
 years salt springs had been known to exist at various 
 places in the State and when the State was admitted, the 
 National Government had granted along with the school 
 and other lands, seventy-two sections of land to be 
 selected contiguous to its salt springs. A large sum of 
 
322 STEVENS T. MASON 
 
 money was being sent annually out of the State for this 
 prime necessity; and it was a matter of more than pass- 
 ing interest when the Detroit Free Press in July, 1838, 
 announced that it had been presented with a sample of 
 salt manufactured from the waters of a spring situated 
 on section 15, township 8 north, range 4 west, on the 
 Maple River, about ten miles from its mouth, and de- 
 clared its belief that the time was not ''far distant when 
 Michigan will produce within her own borders all the 
 necessaries as well as some of the luxuries of life." 
 
 The location mentioned above was at one of the paper 
 cities of that day, in the present township of Lebanon, 
 Clinton County, known as the village of "Clinton Salt 
 Works" — the site of the incipient operations of the Clin- 
 ton Salt Works Company, a corporation organized at 
 the legislative session of the same year. 
 
 The State Geologist upon receiving his commission, the 
 preceding Spring, had lost no time in effecting the organ- 
 ization of his corps of assistants and was now returned 
 from a reconnaissance of the State with data for a report 
 that fully justified the creation of his office. Governor 
 Mason entered with enthusiasm into every recommenda- 
 tion, and from the verbal reports of the Geologist he felt 
 justified in saying through his message that ''The exam- 
 ination of the Saline Springs has been carried so far, as 
 to render it certain that we possess an extensive salt 
 region, and that with a trifling expenditure we shall be 
 enabled to manufacture salt in sufficient quantities not 
 only for home consumption, but that it must become an 
 article of extensive export." 
 
 The Governor's enthusiasm led him to enter into cor- 
 respondence with men skilled in the business of well- 
 
GOVERNOR MASON'S SECOND TERM 323 
 
 boring and salt manufacture and to urge the passage by 
 the Legislature of an Act authorizing the State Geologist 
 to commence, as soon as practicable, boring for salt at 
 one or mdre of the State salt springs. This the Legis- 
 lature did, and appropriated three thousand dollars to 
 defray preliminary expenses. When Dr. Houghton made 
 his report to the Legislature the following year, he 
 showed that he had been about the work with character- 
 istic energy; he had transported machinery and equip- 
 ment through the forests and along the streams and 
 had begun drilling operations at two points, one being 
 on the bank of Grand Eiver three miles below Grand 
 Rapids, and the other on the Tittabawassee in Midland 
 County near where it receives the waters of Salt River. 
 These two projects were continued intermittently for the 
 next four or five years at an expense aggregating not less 
 than thirty thousand dollars, with results which at the 
 time appeared of small value, but which were yet of 
 greater value than they seemed. It was experimental 
 work which had a real value, and in the language of 
 William L. Webber, one of the men who later developed 
 the salt industry of the Saginaw Valley, ''They demon- 
 strated that this work was one of no slight magnitude." 
 It was the pioneer effort in the establishment of one 
 of the leading industries of the State, an industry that 
 has grown from a few hundred barrels in 1859 to more 
 than six million barrels annually at the present time. 
 
 Among what may be termed the curiosities of the legis- 
 lative session of 1838 was an Act providing a bounty of 
 two cents a pound on each pound of dry sugar manu- 
 factured from the beet within the limits of the State. 
 This Act was in substance the duplicate of laws enacted 
 
324 STEVENS T. MASON 
 
 in other States at the time, in an effort to establish an 
 industry in America which under the efforts and direc- 
 tions of Napoleon had already been established in France. 
 Of course no bounty was ever paid under the law and it 
 is of interest only by reason of the coincidence that in 
 Michigan sixty years later, the beet sugar industry 
 should have developed such extensive proportions. 
 
 A bill to encourage the manufacture of glass which 
 passed both Houses of the Legislature met a different 
 fate, it being promptly vetoed by the Governor, although 
 he was petitioned by numerous citizens not to do so. 
 In his communications returning the bill without his sig- 
 nature the Governor said, ''This bill although purport- 
 ing to be an Act for the encouragement of domestic 
 manufacture, yet when stripped of its disguise is noth- 
 ing more or less than an Act for the relief of Ebenezer 
 Hall and Isaac J. Grovier, copartners in trade engaged 
 in a manufacture of glass." The two gentlemen 
 referred to were residents of the village of Mt. Clem- 
 ens where the glass business was sought to be estab- 
 lished, and whose citizens seemingly quite unanimously 
 joined in a petition to the Governor to withhold his veto 
 from the measure that was to bring their village pros- 
 perity at the public expense. 
 
 The banking law, the law for the five million dollar 
 loan, the law for internal improvement projects, general 
 and particular, became the subjects or acrimonious dis- 
 cussion and legislative action, hereafter treated in con- 
 nected detail. 
 
 That the citizens of the State were still expectant of 
 an immediate return of prosperity and continuing devel- 
 opment was evidenced by the Acts of incorporation 
 
GOVERNOR MASON'S SECOND TERM 325 
 
 granted to the Port Sheldon and Grand Rapids Railroad 
 Company; the Auburn and Lapeer Railroad Company; 
 the Ypsilanti and Tecumseh Railroad Company; the 
 Mottville and White Pigeon Railroad Company ; and the • 
 Medina and Canandaigua Railroad Company, and to other 
 companies organized for more varied efforts. 
 
 National policies likewise came in for a share of con- 
 sideration in the Legislature all out of proportion to 
 the attention they now receive in such bodies. Slavery 
 in the District of Columbia ; the admission of Texas and 
 the sub-treasury scheme all received the political and 
 perhaps serious consideration of the Legislature, or at 
 least of the Whig members of it. On the question of 
 slavery in the District of Columbia, William Woodbridge 
 favored a resolution to the effect that it was inexpedient 
 for the Legislature to express an opinion on the consti- 
 tutionality of the power of Congress in the premises; 
 Representative Stephen Vickery, later a Wliig candidate 
 for Governor, desired the Legislature to go on record 
 as opposing the annexation of Texas ''as unnecessarily 
 extending the territory of the United States and creat- 
 ing discontent which might endanger the stability of the 
 Union;" while Jacob M. Howard came forward with a 
 resolution condemning the sub-treasury plan and oppos- 
 ing the policy of the Government in demanding gold and 
 silver in satisfaction of governmental dues. 
 
 With such the temper of the Legislature, we can well 
 imagine what happened, when on the 30th day of Janu- 
 ary it was discovered that the report of the State Treas- 
 urer, Mr. Henry Howard, which had been given the 
 Legislature on the 9th, disclosed that Governor Mason 
 had during his official service as Governor, drawn a quar- 
 
326 STEVENS T. MASON 
 
 ter salary in advance of service. That it was an error 
 was at once apparent, for it was plainly shown by the 
 vouchers which had been issued to the Governor as well 
 as by the report of the Treasurer which was now printed 
 and subject to public inspection, and no effort had been 
 made to cover or distort the fact. The mistake occurred 
 through the confusion occasioned by the Governor going 
 into office with the adoption of the Constitution in 
 November, 1835, instead of the first of January follow- 
 ing; his salary being paid in quarterly payments begin- 
 ning with November, 1835. On May 20, 1837, the Treas- 
 urer, to adjust the payments to the regular quarters of 
 the year, issued a voucher for the fractional quarter of 
 November and December 1836, and for salary from Janu- 
 ary 1 to April 1, 1837; as on February 8 the Governor 
 had received a voucher for a quarter salary which had 
 included the months of November, December and Janu- 
 ary, the last voucher thus made a quarter payment of 
 salary in excess of service. As soon as the printed 
 report was submitted to the Treasurer he recognized the 
 error, as did the Governor, who at once repaid to the 
 treasury the amount of the salary overdrawn. There 
 was perhaps no one who did not appreciate that it was 
 an error and that if censure was to attach anywhere, it 
 was to the system that made such errors possible; but 
 Jacob M. Howard was the Wliig champion of the Lower 
 House of the Legislature, and had he allowed the inci- 
 dent to pass with a presumption favorable to the integ- 
 rity of a political opponent, he would have been open 
 to the charge of violating the political ethics of the time. 
 At once upon the discovery of the error, which one had 
 but to read the report to see, Mr. Howard proceeded to 
 
GOVERNOR MASON'S SECOND TERM 327 
 
 electrify the House with impassioned eloquence on the 
 Governor's culpability in connection mth the matter; 
 directly charging the Governor with a corrupt purpose 
 to obtain money from the Treasury to which he was not 
 entitled. 
 
 On the same day the charge was made, the Governor 
 sent a communication to the House requesting the 
 appointment of a committee by the House to inquire 
 into the correctness of the charges made against him. 
 After considerable parliamentary sparring, the commit- 
 tee was appointed and a few days later submitted a 
 report entirely absolving the Treasurer and the Gov- 
 ernor from all intentional or conscious fault in the mat- 
 ter. The report of the commitee was followed by a most 
 remarkable document in the form of a protest signed 
 by Jacob M. Howard and nine other members of the 
 Whig minority in the House. The substance of the pro- 
 test was that the Executive was transcending his right 
 and authority in asking an investigation of charges made 
 against him on the floor of the House, because in so 
 doing he was '^ abridging the freedom of discussion.' ' 
 The protest was based likewise upon the further claim 
 that the Governor's communication was an assumption 
 of despotic power and was not called for in the exercise 
 of official duty. 
 
 Needless to say, the Advertiser, the Detroit organ of 
 the Whig party, for many days played the "Assault upon 
 the Treasury" as the leading sensation of the day and 
 joined in vigorous denunciation of the executive assump- 
 tion of questioning the statement of a member of a 
 legislative body even when it concerned the executive 
 honor and integrity. 
 
328 STEVENS T. MASON 
 
 Nearly seventy years later, on June 4, 1905, when 
 Michigan had grown rich and strong and when the mortal 
 remains of Stevens T. Mason were about to be entombed 
 in Michigan soil, Rev. David Cooper, then a man bear- 
 ing the weight of years to the number of more than 
 three score and ten, standing by the side of all that was 
 earthly of the Boy Governor, said, "I have but one 
 remembrance of Governor Mason. I was but a lad at 
 the time, and standing near the old session house on 
 Woodward Avenue I saw the lithe figure of the Governor 
 approaching. I shall always remember his appearance, 
 a' shining silk hat upon his head, a shawl such as gentle- 
 men wore in those days swung across his shoulders, with 
 cane in hand he was walking rapidly down the street. 
 I had been bred a "Whig, and boy-like, I felt that I would 
 be doing honor to my political principles if I said some- 
 thing insulting to the Governor. I waited until he 
 approached nearly opposite me and then I shouted, 'Five 
 Quarter Mason,' and then fled up the steps of the session 
 house. The significance of the epithet I did not know 
 then and I do not know now, but it was something I had 
 heard from my elders. The Governor turned and fol- 
 lowed me, I retreating to the farthest corner in fear of 
 a just chastisement; but the Governor only sat do"svn 
 upon the step and drew me to his side and tallied to me 
 in a gentle, kindly w^ay. I cannot remember a thing he 
 said. I think there was a tone of sadness in his voice, 
 for I know he left me feeling that I had done him and 
 myself a wrong of which I was heartily ashamed, and 
 from that day to this, there has lingered mth me a feel- 
 ing akin to affection for the memory of Stevens T. 
 Mason;" and turning to the daughter and the aged sister 
 
GOVERNOR MASON'S SECOND TERM 329 
 
 of the Governor who sat upon the rostrum beside him, 
 the aged clergjonan continued, ' ' I am glad that time has 
 spared me to bring to you, the daughter and the sister, 
 my acknowledgment of contrition for those w^ords which 
 even from a child may have brought a w^ound of sorrow 
 to the brother. ' ' 
 
CHAPTER XVII 
 The Patriot War 
 
 THE so-called ''Patriot War" or Canadian Rebellion 
 of 1837-38, was the culmination of a series of griev- 
 ances justly entertained by a large body of the people of 
 both Upper and Lower Canada. The American Revo- 
 lution had been the occasion of a considerable emigra- 
 tion of citizens, still loyal to the British Government, 
 from the colonies to Canada ; as many as forty thousand 
 during and shortly following the war having, as stated 
 by some historians, sought an asylum beyond the north- 
 ern border. These emigrants who, to use a phrase applied 
 to them in one of the Orders in Council "had adhered to 
 the unity of the empire" came to be known as the U. E., 
 or United Empire Loyalists. The greater number of these 
 refugees settled in, what upon the division of Quebec 
 became, Upper Canada or Canada West. While resi- 
 dents of the Colonies, they had been of the aristocratic 
 element, being as might be presumed above the average 
 in education, possessions, and social and family con- 
 nections. As many of them had had their estates confis- 
 cated by the colonial authorities, they were from the 
 first shown marked consideration by the Imperial Gov- 
 ernment in the form of special honors, liberal to prodigal 
 grants of land to themselves and their descendants as 
 well as temporary advances for the alleviation of their 
 immediate needs. To this body of citizens there were 
 soon added accretions from the mother country, many 
 
THE PATRIOT WAR 331 
 
 of them half -pay officers of the army ; the younger and 
 impecunious sons of aristocracy and the soldiers of for- 
 tune who while yet loyal to British institutions, sought 
 in the New World what neither their talents nor influence 
 would procure for them at home. With these elements 
 of the population were quite generally united the mem- 
 bers of the learned professions and the clergy of the 
 established church. These elements, broadly speaking, 
 soon coalesced into what for many years in Canada was 
 known as the ''Family Compact," the precursor of the 
 Conservative party. 
 
 Upon the division of Quebec into Upper and Lower 
 Canada, each Province was given a Governor and Legis- 
 lative Council appointed by the King, and each an Assem- 
 bly to be selected by the voters of the Province. The 
 majority of the people were poor and illiterate, busily 
 and laboriously employed in felling the forests and build- 
 ing homes. It was but a short time before the ' ' Family 
 Compact" had placed its partisans in all the important 
 offices of both the provinces and were bestomng its 
 favors Avith a lavish hand. Millions of acres of the best 
 lands were bestowed upon the Government favorites. 
 Each member of the Council was given five thousand 
 acres of land and each of his children one thousand two 
 hundred acres more. The established church was 
 endowed with lands in the form of the Clergy Reserve, 
 a domain of vast extent. The Canada Land Company, 
 a huge land monopoly, was likev/ise given powers and 
 privileges that were out of harmony with the spirit of 
 the people. For thirty years, the ''Family Compact" 
 maintained its ascendancy with unvarying repression. 
 The districts from which the members of the popular 
 
332 STEVENS T. MASON 
 
 branch of the Legislature were chosen, in Upper Canada 
 at least, were so formed as to give the '' Family Com- 
 pact" control of the Assembly through vastly dispropor- 
 tionate representation. The most reasonable reforms 
 sought by the great body of the people were uniformly 
 defeated. Even when bills to secure them were passed 
 in the Assembly, they were thrown out in the upper 
 Council. Not even courts and juries were free from 
 the baneful influence of their unrepublican organization. 
 In Lower Canada the evils of the aristocratic control 
 were not so grievous, but its place was taken by the racial 
 question, which was furnished by the joint occupation 
 of the soil by the numerous but uneducated French and 
 the less numerous but better educated English, Scotch 
 and Irish. The sons of Britain could not look upon the 
 French as other than a conquered race ; and when a con- 
 stitutional government was provided for the Province, 
 the British minority sought through unconstitutional 
 methods to keep control of offices and affairs in the inter- 
 est of what it conceived to be the progress and pros- 
 perity of the Province, unwilling to concede that the 
 Frenchman was by nature endowed to promote the same. 
 The evils that existed soon brought forward a man in 
 each Province to stand as the Champion of reform. Wil- 
 liam Lyon Mackenzie, the son of a poor Scotch farmer, 
 was the editor of a paper known as the Colonial Advo- 
 cate published at Toronto. As early as 1824, Mackenzie 
 had begun to inveigh against the abuses of the Govern- 
 ment, to agitate for a government that would be respon- 
 sive and responsible, and consequently to strike terror 
 into the ** Family Compact." Mackenzie was later 
 elected to the Assembly from the County of York, and 
 
THE PATRIOT WAR 333 
 
 under his agitation and leadership the Reform party 
 grew in strength and menacing attitude. Five times from 
 first to last, the '' Family Compact" majority in the 
 Assembly expelled Mackenzie, and each time the con- 
 stituency of York returned him by an almost unanimous 
 vote. In Lower Canada the elements of rebellious dis- 
 content rallied around Louis Joseph Papineau, a clever 
 partisan leader of the French Canadian element. Pap- 
 ineau was a brilliant orator, who appealed to his coun- 
 trymen with irresistible effect. As a member of the 
 Assembly, he had been several times elected its speaker, 
 had been sent to England to urge redress of grievances 
 and had acquired an influence that brought the great 
 body of the French Canadian peasantry into full sym- 
 pathy with his aspirations. 
 
 Mackenzie, who had continued to expose the corrup- 
 tion of the administration of affairs and to battle for 
 a responsible government, now despaired of the correc- 
 tion of the one or the attainment of the other, began 
 to entertain the ideas of rebellion and independence. 
 With him were associated other daring spirits by whom 
 the seeds of sedition were widely sown. The corre- 
 spondence of the factions in Upper and Lower Canada 
 encouraged the belief that the achievement of independ- 
 ence for their country was a project of easy accomplish- 
 ment. The military forces of the provinces were so inad- 
 equate as hardly to merit the name. In Upper Canada 
 thirteen hundred troops were scattered from Kingston 
 to Penetanguishene, while two thousand more were garri- 
 soned at Quebec and the other posts of the lower country. 
 Emissaries to the adjoining States found many who were 
 still nursing animosities against the Mother Country 
 
334 STEVENS T. MASON 
 
 engendered in the memorable contests that were still 
 fresh in the minds of the people, and who were willing 
 to vouchsafe assistance of a very extensive and substan- 
 tial nature which, had it been coolly and critically exam- 
 ined, would have been found to be based more upon 
 enthusiasm than upon things tangible. 
 
 The crisis that precipitated armed rebellion in both 
 Upper and Lower Canada came in November 1837 ; it is 
 not our purpose here to trace the course of this conflict, 
 except in its relation to Michigan, farther than to say 
 that it did not end until many lives had been sacrificed 
 and the people of Canada had tasted in a small degree 
 the horrors of civil strife. These overt acts of rebellion 
 had no sooner transpired within the adjoining province 
 than intense interest in the outcome was manifested by 
 the citizens of Detroit and vicinity, where a considerable 
 proportion of the population was in hearty sympathy 
 with any movement that professed to be for larger polit- 
 ical rights and liberties for the Canadian; especially 
 when, in achieving of those rights and liberties, some 
 of the unsettled scores of the War of 1812 could be 
 adjusted; at this time, Detroit had many citizens who 
 were active participants in that sanguinary conflict. 
 
 As early as December 8, 1837, Governor Mason 
 received a communication from the Department of State 
 at Washington calling his attention to the fact that a 
 contest was on in a ''Territory of Great Britain adjoin- 
 ing the United States between a portion of the population 
 and the Government," and requesting his interference 
 by arresting all persons concerned in hostile demonstra- 
 tions against the British Provinces. 
 
 Not a few people writing on the incidents of the 
 
THE PATRIOT WAR 335 
 
 ''Patriot War" have seemingly sought to add interest 
 to their story by claiming that Governor Mason was in 
 league with the Patriot leaders and openly aided and 
 abetted their cause. That many of the Federal and State 
 officers in Michigan did entertain a warm interest in the 
 Patriot cause was unquestioned, and there is no doubt 
 that the Governor felt a deep sympathy for the refugees 
 who soon sought shelter in Detroit as well as sympathy 
 with the efforts for reform in the abuses in the Govern- 
 ment under which the Canadians lived; but there is no 
 basis for the charge that his sympathies ever controlled 
 his official action or left him open to the charge of incon- 
 sistency in that he did one thing as an individual and a 
 private citizen and another thing as a public official. 
 His every action in the matter evinced a purpose hon- 
 estly to maintain the neutrality of the people of Mich- 
 igan in the contest, and that he accomplished as much 
 as any man could have accomplished in a community 
 where a large proportion of the people were active or 
 passive partisans of the rebellious movement. After 
 a few reverses for the Patriots about Toronto and Mon- 
 treal, Mackenzie fled from the Province and with other 
 leaders of the disaffection, on December 13, 1837 took 
 up his headquarters upon Navy Island, an island in 
 Canadian waters in the Niagara Eiver some two miles 
 above the Falls. Here a garrison of some four hundred 
 volunteers soon gathered and a provisional government 
 of Canada was organized with Mackenzie as chairman 
 of the executive committee. This provisional govern- 
 ment proceeded to allure recruits with script, guaran- 
 teeing to each recruit three hundred acres of land and 
 $100 in silver payable at Toronto the following May; 
 
336 STEVENS T. MASON 
 
 while immediate demands were cared for by the issue of 
 a shinplaster currency of $1.00 and $10.00 denominations, 
 as well as by contributions which were now flowing in 
 from the cities of the border States where enthusiasm 
 was being created by orators for the Patriot cause. For 
 several days the opposing forces watched each other 
 from behind fortifications on both the island and the 
 shore with occasional exchange of rifle and cannon shots 
 across the river, until December 29, when an event took 
 place that came near leading to international complica- 
 tions. On the previous day the little steamer Caroline 
 had been taken from Buffalo and began making trips 
 from Fort Schlosser, a village on the American main- 
 land, to Navy Island, giving passage for a small fare 
 to such as desired to visit the Patriot troops and encamp- 
 ment and likewise transporting such munitions as the 
 Patriots brought for carriage. During the night, as the 
 little steamer was chained to the wharf at Schlosser it 
 was boarded by a party of about fifty volunteers from 
 the British forces across the river under command of 
 Captain Drew of the British Navy, and after a short 
 hand-to-hand contest in which one American was killed, 
 the boat's crew was driven ashore, her chains cast off, 
 and she was fired, burning to the water's edge as she 
 floated dowTi the river and stranded on the rocks above 
 the Falls. The Caroline affair aroused great popular 
 indignation throughout the United States and President 
 Van Buren at once dispatched General Winfield Scott 
 with large discretionary powers for the protection and 
 preservation of the peace upon the frontier. 
 
 Even before the Caroline incident, emissaries of the 
 Patriot cause had been among the people of the Western 
 
Settlers 
 
 Coiirad Tew K.yrk, Cl^, :il8i^liall« left 
 
 tpvit jc'Httrday fur th<' irremd Mkcur Cmtifiry^ for tit« {ireteaded elsect «f 
 cltx-UoDt'i'riag^ for >^ttfn« T. .itm»»m. it k wcH kmi^a here thsl iuw rud 
 »bjf et ui to ttrrvtt ihc Srlthr* osi the €l#rer»«e»i Laf^». Be oe }r«>ffir filiutU 
 be bai« a liir<>c- lot wf blank rtt{>iaM, ttad after the f^iectioa, every fett|@r wttf 
 b« breo^kt ti> Ortroit, 
 
 JMadei tieodwin 1-^. I . !*. Dislrkt Altoraej, vra«t (i«^es ea 9etard«qr scr. 
 cr«lti]ae« >>ith Ten iijck Some forty or iif^y persaits bave aiready been 
 MrmXed by Hr. TilB."*, oBf of T«-b Kyrk'n ibmiiys! 
 
 €i««. »Hma»n h&ti vm doobt btea Siivi-Hrd by Tea Ef tJc ef tbiai taoTeoMsnt. 
 Sctdem, are you wiiiin-; to br dnissr^d front yosr booea aM broogM thr«e 
 bswbred tiikt**, at (At* »t»»9mt If yoa are itot, Bftear* — bewsu-e of Conrad 
 T<ai£fck, V. K .TlHr^baH, aad e^illts Tilne, bis De^etj. 
 
 Tm Eyck i« thr i^HaM> laaa wbu has tried to rub tbe ^ste of #tS,#lKi, 
 fhr the passagT of tbt r«e/>r6«4 across hti« /srMt, If Trawbridj|e m eled^ 
 ed he ca^mt ^et it. lie wiJi da|H- jmt and ti«ea arn^t >-da> .IfWfc fc^ «e^ 
 
C 5 i 
 
 > c c S 
 
 -< 2 ^^ 
 
 -< s '^ cS 
 
 J c « 
 
12; m 
 
 g 2 
 
 - <D 
 
 ^ 3 
 
 < o 
 
 ;?; a 
 
THE PATRIOT WAR 337 
 
 Canadian counties and had returned with the informa- 
 tion that it wanted but a strong Patriot force on the 
 Detroit to raise up recruits by the thousands in Essex 
 and adjoining counties. Eefugees to the number of more 
 than three hundred had already swarmed into Detroit 
 and many gentlemen of prominence espoused their cause, 
 among such being Dr. Edward A. Theller, a gentleman 
 prominent in the professional and business life of Detroit 
 where he had lived since 1832,— born in Ireland, but 
 having resided for eight years in the city of Montreal. 
 
 On December 28, 1837, Governor Mason issued a procla- 
 mation urging upon the citizens of Michigan the obliga- 
 tion of observing the neutrality laws of the United States 
 and entreating them not to violate the treaty obligations 
 existing between their country and Great Britain. Ex- 
 citement ran high and the wildest rumors were given 
 credence. Some one started the story that the colored 
 people of the ''other side" had perfected a design to 
 come over and burn the city and the Brady Guards were 
 ordered out to protect the town, while the Negroes of 
 the city gathered and appointed three of their number, 
 Benjamin Willoughby, John J. Wilkins and Madison 
 Lightfoot, a committee to prepare an address to the citi- 
 zens of Detroit protesting their innocence in connection 
 with any such design. 
 
 On New Year's Day the citizens gathered at McKin- 
 ney's Theater, which stood at the southeast corner of 
 Gratiot Avenue and Farrar Street where addresses were 
 delivered and $134.56 in money and ten .rifles were con- 
 tributed to assist the Canadian refugees in the city and 
 to advance the Patriot cause to the promoting of wMch 
 the Morning Post now devoted its columns. 
 
388 STEVENS T. MASON 
 
 In the meantime the forces in and about Detroit organ- 
 ized the Patriot Army of the Northwest with Henry S. 
 Handy of Illinois as Commander-in-chief who was given 
 authority over the whole of western Canada; James M. 
 Wilson was commissioned as Major General, Elijah J. 
 Roberts of Detroit was made Brigadier General of the 
 first brigade and Edward A. Theller, Brigadier General 
 to command the first brigade of French and Irish troops 
 to be raised in Canada. Canada West was now ablaze 
 with excitement, and General Hugh Brady of Detroit, 
 United States department commander, with prompt 
 action, sought with the limited forces at his command to 
 protect the frontier, sending a detachment of the Brady 
 Guards to bring the field pieces, arms and ammunition 
 at Fort Gratiot to Detroit that it might not fall into the 
 hands of the Patriots. As a measure of safety, four 
 hundred and fifty stand of arms had been stored in the 
 jail which was then located near the site of the present 
 Detroit public library. Between the hours of two and 
 three o'clock on the morning of the 6th of January a 
 company of some twenty or thirty men secreted them- 
 selves near the jail, while one of the number aroused 
 David Thompson, the jailer, who as soon as he had 
 opened the door, was pushed aside by the company which 
 now rushed from the place of concealment into the jail 
 and soon had possession of the guns. At about the 
 same time, confederates took possession of the schooner 
 Ann moored at one of the wharves beside the river, and 
 long before day break, three iron cannons, the State's 
 arms, a quantity of provisions and one hundred and 
 thirty-two men were taken on board the vessel which 
 was headed down stream. Adverse winds made progress 
 
THE PATRIOT WAR 339 
 
 slow and in the afternoon United States Marshal Ten 
 Eyck acting under authority of the District Attorney 
 with a force of citizens proceeded to Ecorse, where they 
 hailed the vessel and commanded her surrender to the 
 United States authorities, a command that was derisively 
 refused. Small boats filled with Patriots put off from 
 the adjoining shere at intervals and their passengers 
 were transferred to the Ann which proceeded to Gib- 
 raltar, where the party was landed that evening, being 
 joined by some sixty recruits that had just arrived from 
 Cleveland on the steamer Erie and by some three hun- 
 dred Canadian refugees. Upon the report of the Marshal 
 being made that the force in charge of the Ann had 
 resisted the process and commands of the Federal author- 
 ity, the District Attorney at once made a requisition 
 upon Governor Mason for troops wherewith to enforce 
 the authority that had been resisted. The Governor 
 promptly gave orders for the embodying of a force from 
 the militia, which was soon accomplished; as during the 
 dav a meeting had been held at the City Hall in response 
 to a call from the Governor to devise means to preserve 
 neutrality at which addresses were delivered by a num- 
 ber of prominent citizens of Detroit, in consequence of 
 which much interest was created. Although it was one 
 o'clock in the morning. Governor Mason and his volun- 
 teer militia at once started for Dearbornville for arms 
 from the United States Arsenal, through rain and part 
 of the way on foot; the twenty miles was covered, and 
 by two 'clock on the afternoon of the 8th, the Governor' 
 and his force, two hundred and twenty strong, were on 
 board the Brady and the Erie bound for Gibraltar to 
 arrest the Ann and her warlike crew. Upon arriving 
 
340 STEVENS T. MASON 
 
 at Gibraltar, it was discovered that the Ann and a large 
 portion of the Patriot force had crossed to one of the 
 islands outside of American jurisdiction, and the Mich- 
 igan forces therefore returned to Detroit where they 
 arrived a litte before midnight. 
 
 Some Canadian partisans have been inclined to charge 
 the Michigan authorities with a lack of honest purpose 
 in going to Gibraltar at this time, and stories have been 
 written to the effect that while there the Governor spent 
 his time carousing and drinking wine with the Patriot 
 leaders; but as Canadian authorities at the time were 
 not inclined to credit the authorities of the State with 
 any purpose other than to assist the rebels, all such 
 stories should be accepted with much discount, as such 
 charges were totally at variance with the Governor's con- 
 duct both before and after the incident in question. 
 
 Meanwhile, great excitement prevailed on the Canadian 
 shore. The small military forces of Kent and Essex 
 Counties were hurried to Windsor to prevent the threat- 
 ened invasion. About one hundred strong they were 
 placed on board the steamer United, which later started 
 in pursuit of the Ann, but they were too late to intercept 
 that vessel, as they met Governor Mason in the Brady 
 returning when near Fighting Island. The United, how- 
 ever, continued to the Lime Kilns some fourteen miles 
 below where in the moonlight the Ann could be plainly 
 seen moored in front of the dilapidated barracks of Mai- 
 den (now Amlierstburg). An occasional flash and boom 
 from her deck showed that the crew were firing their 
 one cannon at the defenseless town. The United dis- 
 charged her force at the Lime Kilns, from whence on 
 the coming of morning they marched to Amherstburg, 
 
THE PATRIOT WAR 341 
 
 and a little later stationed themselves at Elliott's Point 
 at the lower end of the town where they took up a 
 defensive watch for the day, the Patriots evidently 
 awaiting reinforcements that should make more certain 
 the outcome of their anticipated attack upon the main- 
 land. A body of such reinforcements under General 
 Sutherland, who had come the day before, took up their 
 position on a nearby island. The attempt of the Patriots 
 at Detroit to send forward further forces was for the 
 time frustrated although at about three o'clock on the 
 morning of the 9th, a body of Patriots succeeded in get- 
 ting possession of the Brady as she lay at her dock; but 
 before they were able to get her away, the authorities 
 were present in sufficient force to disperse them and take 
 possession of the arms they had smuggled aboard. 
 
 These doings, as well may be imagined, w^ere attended 
 by the wildest excitement on both sides of the river. 
 During the day, four of the magistrates at Sandwich 
 addressed a joint note to Governor Mason setting forth 
 that an armed vessel from the State of Michigan had 
 already .made an attack upon their country, and making 
 inquiry as to whether he considered such invading force 
 under the protection of the United States and Avhether 
 he would consider it an invasion of the territorial limits 
 of the State if the invaders Avere followed by the Cana- 
 dian forces and attacked wherever they could be found. 
 
 To this note the Governor made an immediate and 
 extended reply. He called the attention of the Canadian 
 authorities to tlie division of State and Federal powers 
 in our Government and made plain to them that among 
 the power delegated to the Federal Government were the 
 powers of peace and war, and that under such powers 
 
342 STEVENS T. MASON 
 
 Congress had enacted laws for the preservation of neu- 
 trality and guaranteed the faith of treaties between the 
 United States and other Governments. The Governor 
 further called attention to the fact that these laws were 
 enforceable through national authority and that, as Gov- 
 ernor, his duty in the premises began only when his 
 intervention was asked to give effect to the process of 
 the Federal courts after the same had been resisted. 
 In this connection the Governor proceeded to say, "You 
 will find the constituted authorities of Michigan prompt 
 and ready to discharge every duty incumbent upon them 
 by the laws of their country;" adverting to the other 
 subject of inquiry, he added, ''I must state that all per- 
 sons proceeding from this State and found in arms within 
 the jurisdiction of the province of Upper Canada have 
 lost all claim to the protection of the laws of the United 
 States and of this State, and whilst all intercourse 
 between the United States and foreign powers belongs 
 to the Federal Government, I cannot permit without 
 resistance any invasion upon the soil of the sovereign 
 and independent State over which I preside as chief 
 magistrate." 
 
 This position, which every one familiar with the prin- 
 ciples of our Government recognizes as correct, was far 
 from satisfactory to the Canadian radical mind and 
 hasty temper, w^ho could see in the stand of the Governor 
 only an effort to protect a body of what he termed 
 "brigands." 
 
 The day at Amherstburg wore away with nothing 
 accomplished. The Patriots were too fearful of their 
 lack of arms and ammunition, to trust a conflict upon 
 the mainland, while the Canadians were too limited in 
 
THE PATRIOT WAR 343 
 
 number to become enthusiastic over the project of board- 
 ing the schooner in a hand to hand struggle. As evening 
 approached, however, the Canadians crawled closer to 
 the river and from convenient covers began a galling 
 fire upon the schooner which offered a fine target in the 
 bright moonlight. With a purpose to get in a less 
 exposed position, the schooner left her moorings at about 
 seven o'clock and sought to tack across to Bois Blanc 
 Island, where a large body of Patriots were posted. As 
 the schooner began to move away, the Canadians from 
 the gloom of the shore and from behind trees and other 
 obstructions brought every rifle into requisition and 
 poured a fusillade of bullets into the large looming bulk. 
 The Patriots returned an ineffective fire as they slowly 
 moved away. The man at the helm was soon shot down ; 
 several of the crew and Patriot force were suffering from 
 serious wounds, and, to add to their demoralization, the 
 bullets from the shore by chance cut the halyards, letting 
 the main sail down. With the schooner thus unman- 
 ageable and helpless,, the whole force sought safety in 
 the hold. Drifting with the current, the vessel ran 
 aground at Elliott's Point. Here General Theller and a 
 few of his companions sought to bring their cannon into 
 play upon the enemy but they were soon compelled to 
 surrender to the Canadian force by which they were 
 boarded. The report of the capture listed among the 
 items taken 300 muskets, 299 bayonets, 106 knapsacks, 
 10 kegs of gunpowder, 2 fifty pound bags of shot, 2 six- 
 pounders and one nine-pounder iron guns, half a keg of 
 bullets, 60 pounds of lead and a number of sets of accou- 
 trements. The prisoners taken numbered about thirty, 
 among whom were several residents of Monroe and other 
 
344 STEVENS T. MASON 
 
 Michigan towns. General Sutherland of Bois Blanc is 
 said to have watched the capture of the Ann and to have 
 at once sought safety on the Michigan side of the bound- 
 ary much to the chagrin of his officers and troops. 
 
 The Patriots of Detroit, not yet apprised of the fate 
 of the Ann, at two o'clock on the morning of the 10th 
 again sought to gain possession of a boat to carry further 
 supplies and recruits to the Patriot camp. Their efforts 
 were more successful than on the night previous, and 
 after a short contest with General Brady and a few 
 guardsmen, with the help of sympathizing bystanders, 
 they had the Erie steaming toward Gibraltar, where, 
 arriving, more supplies and recruits were taken on and 
 all taken to the main camp at Sugar Island. 
 
 The capture of the Ann and the theft of the Erie now 
 raised excitement to a fever heat. A story gained cre- 
 dence upon the Canadian shore to the effect that during 
 the night they were to be invaded and attacked by a 
 force of fifteen hundred from Detroit. Again the magis- 
 trates of Sandwich addressed a note to Governor Mason 
 detailing their fears and praying his intervention to stop 
 the threatened invasion. This appeal was seconded by 
 the personal representations of certain of the clergymen 
 from across the border. In response to their entreaties, 
 the Governor again repaired to Sugar Island and sought 
 to persuade the Patriots to relinquish their designs, and 
 as he thought, succeeded, as they were induced to break 
 camp and all returned to Gibraltar where they were 
 landed during the night of the 11th, the Governor return- 
 ing to Detroit the f ollomng day. The Patriots returned 
 the steamer Erie and on the 13th Governor Mason and 
 the mayor of Detroit joined in a proclamation calling a 
 
THE PATRIOT WAR 345 
 
 meeting of the citizens at the City Hall, which being con- 
 vened was addressed by Daniel Goodwin district attor- 
 ney, Peter Morey attorney general, and by many other 
 citizens. At the conclusion, resolutions were adopted 
 pledging support to the Government in its effort to pre- 
 serve neutrality. 
 
 On January 27 the Eobert Fulton arrived from Buffalo 
 with three companies of United States troops on board 
 under command of Colonel Worth, who had been detailed 
 by General Scott to preserve neutrality on the Detroit 
 frontier, and who at the same time communicated with 
 Governor Mason requesting him to furnish from the 
 militia to General Brady such troops as he might make 
 requisition for ; but so quiet had matters become that on 
 the 2nd of February the Governor could write General 
 Scott, ''that tranquillity is entirely restored to this fron- 
 tier. ' ' But the Patriots had not yet disbanded and there 
 were soon indications that tranquillity was to be again 
 disturbed. The contents of the letter would indicate that 
 it was about this time that Governor Mason communi- 
 cated with Colonel Prince of the Canadian militia in 
 regard to the prisoners taken by him upon the capture 
 of the schooner Ann. The letter is important for the 
 insight it affords into the sentiments and character of 
 the Governor rather than for any historical bearing it 
 may have. It is as follows : 
 
 ''Detroit 1838. 
 ' ' My dear sir : 
 
 "As the period approaches when you may be permitted 
 to repair to your post at Toronto, I am induced to 
 address you on a subject of melancholy interest to me, 
 
346 STEVENS T. MASON 
 
 and I have no doubt equally so to you, I allude to the 
 fate of the unfortunate and deluded individuals who have 
 fallen into the hands of the civil authorities of your 
 province by the capture of the schooner Ann near Maiden. 
 
 ' ' Sensible as I am that I cannot approach the Governor 
 of Upper Canada in behalf of those individuals in my 
 official character, my only mode of exerting any influ- 
 ence in their behalf is as a private citizen through the 
 agency of your humane and kind feelings. I cannot nor 
 do I pretend to justify the act for which they may suffer 
 the penalty of your laws. But sir, ' To err is human, 
 to forgive divine.' Look at the circumstances by which 
 they have been surrounded; listen to the tales of woe 
 they may have heard from refugees from the alleged 
 tyranny of another government; think of the motives 
 by which they were actuated, I am sure you will say 
 with me they have been deluded, misguided, and blindly 
 led into error. Permit me also to refer to your volun- 
 tary offer to intercede in their behalf, in the event that 
 their associates would abandon their unlawful objects 
 and deliver their arms to the authorities of this State. I 
 have used your declaration with effect, and I am happy 
 to say to you that all those who have assembled with 
 hostile intentions against the government or people of 
 Canada have dispersed and have placed all their arms in 
 my possession. Those arms I have deposited for safe 
 keeping in the United States Arsenal at Dearbornville. 
 
 ''In relation to Dr. Theller, who although he seems 
 (and I must confess deservedly) to have enlisted little 
 of your favor, I must still beg leave to intercede in his 
 behalf. His conduct no brave man can justify. But 
 
THE PATRIOT WAR 347 
 
 whatever he may be to the world, his widowed wife and 
 helpless children claim consideration. He is a husband 
 and father, and even with the worst those ties are dear 
 and tender. If then, Theller can ask nothing for himself, 
 let his dependent family speak for him. 
 
 **I would if I could consistently address Sir Francis 
 himself, but I need not say to you, sir, that the character 
 of the offense with which the persons for whom I inter- 
 cede stand charged and the circumstances attending its 
 commission preclude an act which would be most gratify- 
 ing to me. I must then beg you to represent me and I am 
 sure you mil say all and more than I could say and with 
 much more effect. Speak then for these unfortunate 
 persons as a man, forgetting the officer. In your own 
 language ''the brightest jewel of the British crown is 
 mercy;" and that cro^vn sits on the brow of a virgin 
 queen the glory of whose reign I feel will never be 
 dimmed by blood or human tears. 
 
 ''Excuse me for the trouble I may give you, but I am 
 sure you will appreciate the motives by which I am 
 actuated and that I need only add the assurance with 
 
 which I am 
 
 "Your obedient servant, 
 
 S. T. MASON. 
 
 "To Col. John Prince, 
 
 "Sandwich, U. C." 
 
 One cannot read this letter without a high appreciation 
 of the ability of the writer and without a feeling that it 
 should acquit him of the charge of having as Governor 
 of Michigan, or in his private capacity, given moral sup- 
 
348 STEVENS T. MASON 
 
 port to the program involving tlie invasion of a neighbor- 
 ing country in violation of law and solemn treaty obliga- 
 tions. 
 
 On January 13, 1838, Navy Island was evacuated by 
 the Patriot forces who now despaired of entering Canada 
 from this quarter. General Donald McLeod, a man of 
 education who had seen service in the British Army and 
 a Canadian refugee, was now made General-in-chief of 
 the Patriot forces. The arms and supplies were secreted, 
 and from Buffalo were ultimately transferred to farmers ' 
 wagons and transported around the southern shore of 
 Lake Erie. Large bands of men followed the same 
 course. Secret organizations knowm as Hunters' 
 Lodges were now instituted in all the border towns and 
 cities. They were a fraternity whose membership con- 
 sisted of Canadian refugees and Patriot sympathizers, 
 numbering among them many gentlemen of worth and 
 standing in the civil and military affairs of the States, 
 as well as a goodly number of adventurous renegades, 
 such as are always ready to attach themselves to any 
 movement that promises excitement and easy living. 
 These lodges were said to exist as far south as Kentucky, 
 westward from New England to Chicago, and as far 
 north as Port Huron; and in their secret meetings the 
 wrongs of Canada were eloquently depicted and the 
 sinews of revolt collected. 
 
 From the first, the Brady Guards under command of 
 old General Hugh Brady had formed the only effective 
 body of men for guard duty on the Michigan shore. A 
 detachment of the company had brought down the arms 
 from Fort Gratiot as heretofore stated; another detach- 
 ment for some months was on guard at the United States 
 
THE PATRIOT WAR 349 
 
 Arsenal at Dearbornville ; while still another in relays 
 guarded the river front and when the Patriots sought to 
 gain possession of arms or boats gave the alarm by ring- 
 ing the bell of the old Presbyterian Church which brought 
 the remainder of the company and a considerable portion 
 of the population as well, ready for service. 
 
 Mr. George C. Bates, a talented, cultured gentleman, 
 orderly sergeant of the Brady Guards, who for many 
 years survived the events of 1838, has left us many inter- 
 esting reminiscences of the time, among which is a pen 
 picture of the difficulties under which they performed 
 their duties. Said he, ''Not unfrequently jeered, at, 
 sneered at and insulted by crowds of ragged Patriots, 
 who, shivering with the cold, gathered like gypsies in 
 large bands around their camp fires, and whenever those 
 in authority sought to scatter or warn them of danger of 
 violation of our neutrality laws, they would turn upon 
 them with ribald, jeers, profane objurations, and even 
 denounce such men as Brady and Scott as 'Damned old 
 Tories,' 'lickspittles of the British Crown,' and 'menials 
 of the Tories of England, ' ' ' and he adds that ' ' The dif- 
 ficulty of preserving the peace was greatly enhanced by 
 threats and denunciations of the British authorities at 
 Sandwich and Maiden," who, he says, "constantly vis- 
 ited the American authorities at Detroit, Wyandotte and 
 Grosse Isle, and in the most excited manner threatened 
 to burn our houses, destroy our steamers and vessels and 
 slaughter our citizens, unless the Patriots were driven 
 away back to their homes." 
 
 The straggling bands of Patriots which now began to 
 arrive, renewed the enthusiasm that had been somewhat 
 depressed by the marksmanship of the Canadian militia 
 at the capture of the schooner Ann. On February 11 
 
350 STEVENS T. MASON 
 
 Governor Mason communicated information as to the 
 situation to President Van Buren, who had already by- 
 proclamation and other means sought to preserve the 
 neutrality of the United States, saying, "I regret to 
 inform you, that contrary to my most confident expecta- 
 tions, this frontier is again thrown into a state of confu- 
 sion by the appearance of the force recently disbanded 
 and dispersed from Navy Island. I have no idea that 
 this assemblage of persons can make an effective impres- 
 sion on the Canadian shore ; but the fact of their appear- 
 ance is calculated to keep this side of the line in a con- 
 tinued ferment, and the opposite shore in a constant state 
 of alarm and apprehension. ' ' 
 
 The Governor proceeded to inform the President at 
 length as to the exact situation and of the necessity for 
 a law permitting the seizure of such boxes as the author- 
 ities had good reason to believe contained arms and muni- 
 tions of war, whereby he urged that the forces of disturb- 
 ance might soon be disarmed and permanent tranquillity 
 restored. 
 
 Even as the Governor penned his letter detailing his 
 apprehensions, General Brady under instructions of Gen- 
 eral Scott made requisition upon the State government 
 for a military force wherewith to more effectually pro- 
 tect the frontier. Governor Mason accordingly called 
 out six companies of the State militia and on the 12th of 
 February accompanied them to Gibraltar. The weather 
 which theretofore had been unusually mild, now became 
 correspondingly severe. Upon the appearance of the 
 militia and after conference between the Governor and 
 the Patriot leaders, the Patriot forces seemingly dis- 
 banded, and the militia returned to Detroit. But the 
 
THE PATRIOT WAR 351 
 
 Patriots seemed to have a habit of disbanding in one 
 place to gather at once in a new place. Indeed, while 
 they were being persuaded to disband at Gibraltar, a de- 
 tachment of their force was stealing twelve boxes of arms 
 that had just been brought from Dearbornville to Detroit 
 for the use of the militia. Two days later, before they 
 could be taken from the city, they were discovered in a 
 garret over a ball alley and returned. On the day fol- 
 lowing the theft of the arms the Patriots succeeded in 
 replenishing their commissary by the theft of one hun- 
 dred and one barrels of flour from the steamboat General 
 Brady as the steamer was lying in the river near the 
 city. With wisdom born of this experience, the Brady 
 Guards were at once dispatched to convoy provisions 
 which it was necessary to transport from Gibraltar for 
 troops then stationed at Monroe. 
 
 As the continuing cold weather had now frozen the 
 river from shore to shore, the Patriots began prepara- 
 tions for a concerted rush across the line. As yet they 
 were sorely lacking in arms and munitions and at about 
 this time had recourse to a piece of strategy, which, had 
 it succeeded, might have resulted in the addition of a few 
 hundred stand of arms being added to their equipment. 
 A story was started in Detroit that a volunteer company 
 was being organized in Canada for the purpose of cross- 
 ing the river and firing the city. The story was told with 
 a wealth of detail and confirmation calculated to create 
 a great excitement; the intention being that when the 
 excitement was at its height to present a petition to the 
 Governor and induce him if possible to call for volunteers 
 for the emergency ; then the secret friends of the Patriots 
 were to come forward in goodly number, be sworn in, 
 
352 STEVENS T. MASON 
 
 draw arms and ammunition and be off. The Governor 
 was early advised of the scheme and the people were 
 warned against unfounded rumor, and as there was no 
 excitement there was no basis for the issuance of arms. 
 
 On February 19 the Patriots who had been about 
 Detroit in considerable numbers for several days sud- 
 denly decamped, some going up and some down the 
 river on the 22nd the Brady Guards went as far as 
 St. Clair to prevent an attack upon Port Sarnia, only 
 to learn the next day that Patriot forces were gathering 
 at Thomas' Tavern some five miles below Gibraltar. 
 Tired and weary the Guards returned to Detroit, only 
 to be brought from their beds by the ringing of the bell 
 on the night of the 24th, and to find upon reaching head- 
 quarters that sleighs had been provided and that orders 
 had been issued for the guards and United States 
 recruits, which had been increased by one more company 
 from Buffalo on the 14th, to move down the Detroit 
 River until they should meet Patriots advancing or until 
 they should come to the position they had taken up. It 
 was known, now the ice had formed, the Patriots were 
 rallying all their forces available for a dash across the 
 line, the effort to be timed with other efforts upon the 
 St. Lawrence and from Lake Erie ports. During the 
 night of the 23rd the Patriots in three divisions moved 
 up as far as Ecorse, from whence, shortly after noon on 
 the 24th, they passed over and established themselves 
 upon Fighting Island across the national boundary. The 
 Canadian forces immediately gathered opposite the 
 island and about 4 P. M. the Guards and United States 
 troops under command of General Brady, were drawn 
 up upon the American shore; Hon. Daniel Goodwin 
 
TIIEODOItE KOMEYN 
 
 Detroit Attoi-ney associated with Gov. 
 Mason in llie $50,000,000 loan. 
 
HENRY HOWARD 
 
 First Treasurer of the State of Michigan. 
 
ELIJAH 
 
 Ocii-dir ;itti)riif.\ 
 Ailjur.uit (iciici-al I 
 Ijiicr ill till- Stati 
 
 .1. UOKKKTS, 
 
 and iicwspapi'V man. 
 1' :MicIiif;an l,s42-44 and 
 
 Lcjiislaturc. 
 
' THE PATRIOT WAR 353 
 
 United States District Attorney, Conrad Ten Eyck 
 United States Marshal, and Hon. Ross Wilkins District 
 Judge, were present as the representatives of the civil 
 authority. General Brady at once stationed his forces 
 so as to cut off as far as possible the straggling bands 
 that were crossing from above and below to the Patriot 
 camp upon the island. The Patriot force presented little 
 of the appearance of an army; scantily clad, poorly fed 
 and but little more than half armed, they shivered about 
 their camp fires presenting a sorry if not dejected spec- 
 tacle. His camp established and his troops placed. Gen- 
 eral Brady at once dispatched two officers by sleigh with 
 instructions to proceed to Maiden and there inform Col- 
 onel Basden, commander of the British forces, that the 
 United States forces under General Brady assisting the 
 United States civil authorities, had taken a position oppo- 
 site Fighting Island for the purpose of enforcing the 
 neutrality laws of the United States, and that they would 
 prevent all armed persons from crossing to Canadian 
 territory and would arrest all such as sought to retreat 
 therefrom; that they were acting under authority of the 
 President of the United States and were in good faith 
 determined to prevent any violation of the laws of the 
 United States or the personal or property rights of the 
 British people. A little after night-fall the couriers re- 
 turned and reported a story of rather uncivil treatment 
 from Col. Basden as well as a rieply to the effect that while 
 he had the highest regard for Gen. Brady, he had none 
 whatever for the civil authorities of the United States, and 
 that he should, regardless of Gen. Brady or his command, 
 attack the ' ' damned vagabonds on Fighting Island before 
 daylight the next morning ; that he would clean them out 
 
354 STEVENS T. MASON 
 
 with grape and canister from his batteries, and that if 
 they retreated to the United States he would follow them 
 and kill them wherever he could overtake them. ' ' 
 
 The delivery of this reply raised the lion in the old 
 general and he at once detailed a detachment to pace off 
 and mark the national boundary with flags set in the 
 ice about one hundred feet apart; this done he brought 
 his forces into line and impressively told them that they 
 were there to enforce the laws of the United States and 
 to arrest all offenders against them. Said he, ''My 
 orders to you are as heretofore, to arrest and prevent 
 all armed men from proceeding over to Fighting Island ; 
 to capture and turn over to the United States Marshal 
 as prisoners all men who shall retreat from Fighting 
 Island to our shore." Pointing significantly to the line 
 that had been marked upon the river, he proceeded, say- 
 ing, ** Soldiers you see before you clearly marked by 
 yonder guides the boundary line between the United 
 States and Canada. If a British soldier or officer in arms 
 crosses inside our lines, I charge you all to beat them 
 back, to capture and to kill them if necessary, to protect 
 our sovereigTity. " The orders were received with wild 
 cheers from the troops who turned in to await the coming 
 of the morning. With the first gray of the winter's dawn 
 the Patriots attempted to take a gun carriage from the 
 Michigan mainland to the island upon which to mount 
 their one cannon, which for want of a better carriage had 
 been placed upon a platform of logs and rails. Almost 
 immediately the Canadian troops began a heavy cannon- 
 ading of the Patriot camp upon the island. The Patriots 
 replied as best they could from their few muskets and 
 one cannon which at every discharge rolled from its 
 
THE PATRIOT WAR 355 
 
 unstable platform and had to be picked up and replaced 
 for the next shot. As the Canadian troops advanced the 
 Patriots retreated across the ice to the mainland where 
 they were disarmed and the leaders taken into custody. 
 The loyalists advanced to the marked line where they 
 saluted and returned, Col. Basden not seeming to desire 
 to make good his threat of the night before. There are 
 no reliable data as to the casualties upon either side. 
 The most authentic reports would seem to indicate that 
 none were killed, although the Patriots had five seriously 
 wounded who were brought to Detroit for surgical treat- 
 ment. 
 
 On the day following, Monday, the 26th, General Scott 
 arrived at Detroit to give personal attention and direction 
 to the placing and distribution of the troops upon the fron- 
 tier. In the exasperated and excited state of the public mind 
 on the Canadian border we may well imagine that citi- 
 zens of the United States were not welcome visitors upon 
 the Canadian shore even when their mission was peace- 
 ful and law abiding. Not a few such w^ere arrested and 
 thro\vn into the Sandmch jail. These incidents brought 
 prompt although possibly ineffectual protests from Gov- 
 ernor Mason to the Canadian magistrates and others 
 in authority, and requests that unless the charges made 
 could be sustained, the person under arrest be discharged 
 and allowed to return to the United States. 
 
 While attempts to invade Canada from Michigan 
 ceased for the time being with the battle of Fighting 
 Island, the feeling of exasperation among the loyal sub- 
 jects of Upper Canada towards the authorities of Mich- 
 igan seemingly increased rather than abated. This feel- 
 ing the Canadians made no attempt to disguise. They 
 
356 STEVENS T. MASON 
 
 began military movements across the border which the 
 citizens of Detroit could interpret only as preparations 
 for offensive warfare. A pronounced spirit of retaliation 
 was soon manifested among the citizens of Detroit even 
 among those who were in favor of the preservation of 
 neutrality in the first instance. 
 
 Governor Mason was himself suspicious of the designs 
 of the British authorities, and on March 6th wrote Presi- 
 dent Van Buren as to the state of public feeling, the 
 activities upon the Canadian shore, and the defenseless 
 condition of Michigan in case of rupture. The day fol- 
 lowing, the citizens of Detroit gathered at the City Hall 
 to consult upon the same questions, as well as upon the 
 treatment of prisoners which had been taken by the 
 Canadians. The result of the meeting was the appoint- 
 ment of D. E. Hardbaugh, A. D. Fraser, P. Desnoyer, 
 C. C. Trowbridge and E. Brooks as a committee to con- 
 sider the situation and report. On the 12th the people 
 again gathered in a large meeting at the City Hall. The 
 Committee reported, and the meeting adopted resolutions 
 favoring neutrality, and protested against statements 
 said to have been made in the Canadian Parliament to 
 the effect that the citizens of Detroit were extending 
 aid and sympathy to the Patriots. A few days later the 
 Legislature unanimously joined in a signed statement 
 of the defenseless condition of the frontier, which the 
 Governor at once forwarded to the Secretary of War 
 with a personal letter again joining in the representa- 
 tions made, and calling attention to the activity of the 
 Canadian authorities in the concentration of their mili- 
 tary forces opposite to Detroit and to their securing com- 
 mand of the best steamers upon the Lakes. 
 
THE PATRIOT WAR 35T- 
 
 The apprehension of the Governor and of the people 
 of Detroit did not seem to be shared by the officers of 
 the General government, or they were unable to comply 
 with the requests made for an additional force, for no 
 such force or equipment was forwarded to this frontier 
 until the following autumn. 
 
 During the summer, from two to three hundred Patri- 
 ots were for a time in camp near the eastern limits of 
 the city, and with the approach of Fall there were 
 renewed evidences of activity among Hunters' Lodges 
 and Patriot sympathizers in all the border towns and 
 cities. On November 3 the British Minister, Mr. Fox, 
 transmitted to the Secretary of State at Washington a 
 communication setting forth at considerable length the 
 information which the British government through its 
 secret service had been able to obtain of the contemplated 
 movements, purposes and designs of the Patriots, which 
 disclosed a conspiracy of astonishing proportions if their 
 information was to be believed. A copy of the communi- 
 cation was confidentially mailed to Governor Mason and 
 his attention directed to its various suggestions. The 
 Government at once exerted itself to do all in its power 
 to prevent its territory from being used as a base of oper- 
 ations against the neighboring province of Canada. Be- 
 tween the 14th and 16th of November ten thousand mus- 
 kets were forwarded to the arsenal at Dearbornville, and 
 the General Government showed in other ways that it 
 was determined to stop the doings of the year before, 
 so far as they could be said to be in violation of the neu- 
 trality of this Nation. Reports became current that the 
 Patriots were gathering at Cleveland and Sandusky. 
 General Brady chartered the steamer Illinois, and while 
 
358 STEVENS T. MASON 
 
 steaming down the river on November 19th picked up a 
 schooner in which were discovered some three hundred 
 stand of arms designed for the Patriot troops. These 
 were confiscated. Troops were placed at intervals along 
 the river to prevent disturbance upon the land and the 
 steamer Erie for the same purpose patroled the river. 
 On the 21st the Patriots recouped for the loss of the arms 
 taken by Gen. Brady two days before by stealing the 
 arms of the Brady Guards, which were retaken however 
 on the 23rd. 
 
 Although hampered at every turn, the Patriots still 
 clung to their purpose Avith a tenacity that is difficult to 
 understand. About five hundred refugees had now con- 
 gregated at the pioneer village of Brest, from whence 
 they moved up to what was then Forsyth farm, now 
 within the city limits. Here on Sunday, December 2, 
 they were surrounded during the night by troops under 
 Gen. Brady; twelve boxes of muskets were captured and 
 the gathering dispersed. Instead of being discouraged 
 by the watchfulness of the United States authorities, 
 the refugees and Patriots were seemingly made more 
 determined and desperate. On the morning of Decem- 
 ber 4th, at about 2 A. M., a company of Patriots about 
 one hundred and thirty-five strong stealthily marched 
 into Detroit to the wharf where the steamboat Cham- 
 plain lay. Before the authorities were aroused the 
 Patriots had steam up, their troops and equipment on 
 board, and were steaming for the Canadian shore, where 
 they landed some distance above Windsor. They were 
 not discovered by the Canadians until the advancing col- 
 umn was seen through the gloom by the cavalry patrol. 
 A few shots only followed before the thoroughly sur- 
 
THB PATRIOT WAR 359 
 
 prised soldiers at the Windsor Barracks were forced to 
 surrender, not over a dozen of the one hundred and 
 twenty-five escaping. The Patriots then proceeded to 
 fire the Barracks, which burning consumed a couple of 
 dwellings near by as well as the steamer Thames which 
 lay at a dock nearly opposite. Five soldiers were said to 
 have perished in the burning Barracks. The details of 
 the "Battle of Windsor," as it has been called, would 
 alone make a chapter. With the coming of the da^vn a 
 force of some four or five hundred Canadian troops were 
 closing in on the little body of Patriots, and while they 
 stood their ground for a little time they were soon scat- 
 tered in disorder. Among the casualties in the Canadian 
 troops there were said to be four killed and four 
 wounded. Among the former was Dr. John J. Hume, 
 Assistant Surgeon of the troops, whose grave in the 
 Sandwich churchyard may still be seen. It is marked 
 with a stone upon which is engraved the following 
 epitaph, the same voicing the indignation of its author 
 Col. John Prince : 
 
 SACRED 
 
 To the Memory of 
 
 John James Hume Esqre. M.D. 
 
 Staff Assistant Surgeon 
 
 who was inhumanely murdered and his body afterwards 
 
 brutally mangled by a gang of armed ruffians from the 
 
 United States 
 
 Styling themselves 
 
 ''patriots" 
 
 who committed this cowardly and shameful outrage on the 
 
 morning of the 4th of December, 1838 : having intercepted 
 
360 STEVENS T. MASON 
 
 the deceased while proceeding to render professional 
 assistance to her Majestie's gallant Militia engaged at 
 Windsor, U. C. in repelling the incursion of this rebel 
 crew more properly styled 
 
 PIRATES. 
 
 The rout of the Patriots was disastrous. Accounts 
 of the number killed do not agree, but Col. Prince 
 reported twenty-one. Sixty-five were said to have been 
 taken prisoners, and ten or a dozen more were said to 
 have died from exposure the night and day following in the 
 adjoining fields and forests. Four of the prisoners 
 taken and some of them desperately wounded, were by 
 order of Col. Prince stood up and riddled with shot. 
 Prince seemed to have been governed by the fury of a 
 savage, and would have continued his work of massacre 
 had his hand not been stayed by his more humane asso- 
 ciates. Of the little Patriot army that crossed over, not 
 more than thirty returned, and not then until they had 
 been secreted for days by sympathetic Canadian farmers. 
 
 The whole population of Detroit watched the sanguin- 
 ary conflict from the opposing shore. The excitement 
 in the city was beyond description, and to guard the city 
 forty watchmen were appointed to patrol the streets that 
 night, the number being increased to one hundred and 
 fifty the night following. The battle of Windsor proved 
 to be the last important conflict of the Patriot war, 
 although a considerable body of troops were maintained 
 upon the Canadian shore for a long space of time. Of 
 the prisoners taken, a few, and among the number Dr. 
 Theller, escaped from prison. He returned to Detroit 
 on the very day of the battle of Windsor. He lived for 
 
THE PATRIOT WAR 361 
 
 many years thereafter and in 1841 wrote a two-volume 
 account of the rebellion and his own reminiscences. For 
 months the gallows was kept busy, some twenty-five or 
 thirty paying the forfeit of their lives for their heroic 
 temerity, while scores of others died or returned after 
 long lingering years of banishment in the Bermudas or 
 in Van Dieman's Land. 
 
 The rebellion though crushed, and its leaders hanged 
 and transported, accomplished its purpose. It was the 
 inevitable result of misgovernment, and Canada and the 
 mother country profited even by their failure. From the 
 Canada of the ''Family Compact," and what Lord Dur- 
 ham in 1838 described as a government of ''Constituted 
 Anarchy," there came forth the New Canada, blessed 
 with the institutions of liberty, equality and justice. 
 
CHAPTER XVIII 
 
 Banks and Banking 
 
 'T^HE passage of the general banking law and the 
 -■- causes which led to it have already been detailed. 
 The first association to perfect its organization under 
 the law was the Farmer's Bank of Homer, located at 
 the village of that name, in the county of Calhoun. It 
 began business August 19, 1837, with a reported capital 
 of $100,000, a sum that must have been ample for the 
 needs of the immediate community in view of the fact 
 that the next year it was described as a village having 
 a store, a sawmill, a postoflfice and about two hundred 
 inhabitants. Before the end of the following November 
 seven more banks had been organized and had commenced 
 business. As yet there seems to have been no local dis- 
 trust of the associations or of the circulation they were 
 handing to the public fresh from the printing press. On 
 December 6 Mr. Edwin N. Bridges, the banking commis- 
 sioner made a report shomng the condition of the banks 
 according to the November returns. He suggested sev- 
 eral particulars wherein the general banking law might 
 be improved by amendment, but he undoubtedly voiced 
 a fair measure of public sentiment when he said, **In 
 supplying a circulating medium at home, the want of 
 which was already greatly felt, the banks which have 
 gone into operation under the general banking law have 
 effected a sensible relief, and have thus acquired a not 
 unmerited popularity," and he adds, "The additional 
 
BANKS AND BANKING 363 
 
 safeguards with which it is proper to surround them, will 
 entitle them to increased confidence and favor." Had 
 the Commissioner written his report a few weeks later, 
 it is altogether probable that he would have spoken with 
 far less optimism, for the month of December witnessed 
 the organization of twelve associations and the month 
 of January, 1838, still fifteen more, a total of forty hav- 
 ing completed their organizations by the following May 
 20. The number was ultimately raised to forty-nine, with 
 twenty-one more in various stages of their organization, 
 when the end came through the repeal of the law. That 
 in the beginning the great majority of the promoters of 
 these banking associations anticipated the evils that were 
 to attend these efforts, is not to be presumed. They were 
 generally men of standing and reputation, who entered 
 the business ignorant of the science of banking and the 
 laws of finance, but with honorable purposes. That they 
 were to be the instruments of a public calamity was as 
 far from their thoughts as from the thoughts of the men 
 who framed the law under which they acted. 
 
 The Legislature which convened in adjourned session 
 in November, 1837, addressed itself to the work of per- 
 fecting the defects which had been disclosed in the bank- 
 ing law during the brief time it had been in operation. 
 On December 30 Governor Mason approved an amend- 
 ment to the general banking law, which while in the form 
 of an amendment, was really a re-draft of the law. It 
 retained all of the essential features of the previous law, 
 adding a few provisions intended to further safeguard 
 the appraisement of the securities to be given for the 
 security of bank circulation, and required more frequent 
 reports, provided for three banking commissioners 
 
364 STEVENS T, MASON 
 
 instead of one, and sought to prevent the issue of circu- 
 lation by banks in an insolvent condition by providing, 
 that before any bill should be issued, it should bear the 
 indorsement of a commissioner; and that in other ways 
 it sought to enlarge the powers of the commissioners and 
 the responsibilities of the associations. This amendment 
 passed both Houses of the Legislature by a vote quite 
 as unanimous as was given to the original statute. 
 
 Contemporaneous with this Act was passed an Act 
 providing that no bank going into operation after the 
 first day of January 1838, should be permitted to suspend 
 specie payment, a measure which it was believed would 
 seriously limit, if it did not prohibit, the organization 
 of new banks, and which likewise indicates a dawning 
 distrust of the soundness of the institutions that had 
 been permitted to issue currency which the general public 
 could not ask to have redeemed in specie; but the full 
 realization of the situation was not to come until a few 
 weeks later. 
 
 On January 15, 1838, Governor Mason sent to the Sen- 
 ate the names of Edwin N. Bridges, Charles W. Wliipple 
 and Thomas Fitzgerald as bank commissioners under the 
 Act of December 30. The nomination of Thomas Fitz- 
 gerald was at once confirmed, and the nominations of 
 Messrs. Bridges and Whipple rejected. On February 2 
 the Governor, to fill the two remaining places, sent to 
 the Senate the names of Alpheus Felch and Kintzing 
 Pritchette, the latter having in the meantime been 
 rejected as Secretary of State, to which office Randolph 
 Manning was nominated and on the 6th of February 
 duly confirmed. Both Felch and Pritchette were subse- 
 
BANKS AND BANKING 365 
 
 quently confirmed, and at once qualified and proceeded 
 with the duties of their office. 
 
 In the larger towns and villages where banks had been 
 organized, there was at first a disposition to conduct 
 the business as close to proper standards as the limited 
 knowledge of the operators would permit; but unfor- 
 tunately, of the many who essayed to prosecute the busi- 
 ness a considerable number were not even honest. As 
 usual in such cases the trickster and criminal discovered 
 the weaknesses of the law and the opportunities it offered 
 for schemes of fraud and trickery before they were dis- 
 covered by the general public. 
 
 The law provided that before any bank should begin 
 operations, thirty per cent of its capital stock should 
 be paid in in specie. Thus the law provided, in plain 
 terms, that before associations issued their promises to 
 pay, bona fide capital in gold and silver to the amount of 
 thirty per cent of their authorized capital stock, should 
 be in their "strong box." A mandate so plain, it would 
 seem, would hardly have been evaded, but it was a require- 
 ment that in actual operation seems to have been vio- 
 lated with impunity. In the organization of a number 
 of banks, instead of specie a kind of paper that came 
 to be known as ''specie certificate" was used. Such 
 certificates were issued by bank officers, and sometimes 
 by individuals and firms in general business, and in form 
 acknowledged the receipt of specie held on deposit. 
 These spurious substitutes for real coin were plentifully 
 issued by certain gentlemen and institutions in Detroit, 
 and at other places, and became the basis upon which 
 many an institution became a bank of issue. One writer 
 
366 STEVENS T. MASON 
 
 has given a list of twenty-four banks that began business 
 with these legal evasions as the only items of value in 
 their capital. In some cases it was said that specie was 
 borrowed for the occasion, was used and immediately 
 returned. Another scheme which must have taxed the 
 imagination of the organizers was, to take the individual 
 notes of the stock subscribers denominated ** stock notes" 
 and, because payable in coin, were received and counted 
 as specie. Hon. Alpheus Felch in later years, writing 
 with an intimate knowledge of the tricks and evasions 
 that characterized the operations of the ''wildcat" 
 banks, tells of one bank, the Oakland County Bank, which 
 was organized upon a specie certificate for $10,000, and 
 $5,000 in actual specie borrowed from another bank, 
 which, to make up the required amount, was paid in three 
 times and counted as $15,000 was used. The certificate 
 was given by an accommodating bank to the individual 
 interested in organizing the Lapeer bank without his hav- 
 ing made a deposit or having anything in the bank to his 
 credit. The certificate w^as cancelled by the check of the 
 pretended depositor which was made simultaneously with 
 it. The Wayne County Bank was said to have been put 
 in operation by the checks of stockholders which were 
 never presented, acknowledged or paid. The Bank of 
 Saline began business on a specie certificate for $15,000 
 which was taken away as soon as the bank was in opera- 
 tion, while the Farmers and Mechanics Bank of Pontiac 
 borrowed the necessary specie to be exhibited as capital 
 stock paid in. The Bank of Sandstone did not even 
 resort to a subterfuge. It put $38,000 of its bills in cir- 
 culation with no specie either owned or borrowed in its 
 possession, while the Exchange Bank of Shiawassee 
 
BANKS AND BANKING 387 
 
 floated $22,261 of paper on exactly seven copper coins 
 and an exceedingly small amount of paper currency in 
 its safe. The Jackson County Bank acquired $70,000 
 of indebtedness upon the pompous show of good sized 
 boxes filled with nails and glass and with a few layers of 
 silver dollars upon the top. Here a director took his 
 oath that a certain box of specie was the property of 
 the bank and later brought an action against the institu- 
 tion to recover it as his individual property, so that in 
 the end it was found that the $70,000 of circulation 
 rested upon less than $5,000 of actual assets. The Farm- 
 ers and Merchants Bank of St. Joseph at Centerville 
 was another institution that dispensed with the legal 
 formalities that had been prescribed in the statute, and 
 with little more than a stock of "precious paper prom- 
 ises" had them in the hands of an unsuspecting public 
 to the amount of $19,860 before their work could be 
 stopped. Of the notes of this institution, the Attorney 
 General Peter Morey later said, "They went forth with 
 a lie upon their very faces, as they purported to be upon 
 a bank which had, in truth, no legal existence and which 
 never possessed, it is believed,, one cent of real capital, 
 and which had nothing to sustain it but the sublimated 
 effrontery and fraud of its principal founder. ' ' 
 
 If the law providing for the specie basis was in many 
 instances transgressed and evaded, the provision requir- 
 ing mortgage security upon unincumbered real estate 
 for the ultimate redemption of the bank circulation was 
 violated with at least equal impunity. This latter pro- 
 vision, as would be at once seen, was designed to make 
 certain an abundance of security over and above the indi- 
 vidual liability of stockholders and directors and after 
 
368 STEVENS T. MASON 
 
 the safety fund had been exhausted. It was considered 
 to be one of the most salutary provisions of the amended 
 act, providing as it did that such mortgage security 
 should cover the full liabilities of the bank both for its 
 notes of issue and general indebtedness, the security 
 being upon real estate the value of which was determined 
 by an appraisement made by the Sheriff, Treasurer, 
 Clerk, and Associate Judges of the county, or a majority 
 of them. But the value of this provision as an added 
 element of safety depended entirely upon the fidelity 
 with which the spirit as well as the letter of the law was 
 observed, and this under the conditions that then existed 
 was well-nigh impossible. Speculative standards had not 
 yet wholly passed away. Values had for a considerable 
 time been measured in an inflated currency, and many a 
 promoter was still honest in the belief that the ''paper 
 cities" and new locations only awaited the passing of 
 the temporary depression to become thriving marts of 
 trade. The county officers whose duty it was to fix the 
 appraisal value of the lands upon which the mortgage 
 securities were offered, could not entirely resist the influ- 
 ence of the prevailing sentiment, or their friendship for 
 the numerous bank promoters, or in some instances of 
 their own personal interests. The result was that in 
 some instances security was taken that was almost worth- 
 less. For instance, the Shiawassee Exchange Bank fur- 
 nished approximately $22,000 of its required security by 
 a mortgage upon a fortieth interest in the city of Ports- 
 mouth, a city projected by several gentlemen of Detroit, 
 among whom Was Governor Mason, near the present site 
 of Bay City. The Detroit City Bank included among 
 its securities mortgages upon lots in the village of Cas- 
 
GEX. JOHX E. SCinVAKZ 
 Adjutant General of the Terriiorial mil- 
 itia in 1S;!1 and fli'st Adjutant General ol 
 the State of Michigan. Later a nienilier of 
 the State Leffislature. 
 
WILLIAM WOODBRIDGE 
 Deles'iile ti) Congress in 1819. Judge of the F. S. Supreme 
 ■Court 1828-32. Member of the first State Constitutional 
 Convention. State Senator 1S3S-9. Governor of Michigan 
 1840-41. U. S. Senator 1841-47. 
 
1^'?'^^^^=^ 
 
 ^^^N^ISilS ^^ lIt-ilSJ(DS^^ 
 
 GOVERNOR 1\ A\rt OVER THE STATE OF IWICHIGAN : 
 
 To all tr/io shall »((■ tlirst j»%.if„/s — Gicilnsi; : 
 
 M""" ^M'y-'S^/""'.- ■.''/iM'myfo::"f af^f cnJ on^JcKc tn //!e /ia/,ir/,^m, ta/a^ f4^-ip and aSJiiu-i ci 
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 ^.<=/^«^ 1 DO HEREBY ArPOINT/.« ^ de/C/kcl^ ' 
 
 ^ &y/i^c^^ (/ //u cy^u^/- Sitfi.--'in TV?.*^ jfti1<"^c -T^^^/" 
 
 S (/o ihcUfif c/iahit: ami ienarle aa Offi4:WH and SokiicTS un3et 4(.> ccmmaftixfj^ /i' rMient /c-^ii 
 claeii ui .■^/^'^^H.^-'f^^Z-t^ ,.^ tA-na Ae tj. U cc.^iie ■■>!(/ fyaav ^uc/i (i/zeiA 
 
 and riaecicon^ fiom Inne U (one aje ./fe//ir.^.;^/:^;/i //^ PRESIDENT OF THE UNITED 
 
 STATES OF AMEmCA,'/^^' ^oLcimi cf/A.- o«>d i/'Me, h /« ^./^um pfc,i .d cvci /«», 
 
 accouurif /o fyw. £7//c\i (,'oiinni'Jgloit io c<^ltniu <n foico dtstin/f i/ie /ina,>uii\(J i^tc ^cveinci of 
 
 im aaid ^ia/c itc-i {/te ^imc ^ecn/t. 
 
 ^n l^^^cslimoiij ^J^J'""'! c7 ^'juc cau-ud ^ikte ^e//el-i U £e made 
 
 ^ultnf, and i/u riu<i^ „ea/ cf //<e c/X^ /e t'e htuan^ <rt& 
 
 px(d ^ 
 
 ^i»en wnJii my /land a^i Qc/u-ti, i/ii.iC-U.fi,,7^J^i.„^(/a.y (^ 
 
 (^^^P^-ii^ in i/U y(at. <■£ cut S£iid one /^cuMnd iigM 
 
 fi,andted and nn^y ^f^A^ anddVi/u ^ndekc-ndiiKt cf 
 
 
 ^/^//^' c^- 
 
 •t:- 
 
 A^^'T^. 
 
 
 CAPTAIN'S COMMISkSION FOR OKEX MARSH. 1S3S 
 
BANKS AND BANKING 369 
 
 cade in Kent County and also upon lots in White Rock 
 City in the county of Sanilac. The Commercial Bank of 
 St'. Joseph showed a measure of local patriotism by giv- 
 ing its security wholly upon St. Joseph real estate, 
 twenty-eight lots bearing the burden of the greater por- 
 tion of $60,650 of mortgage obligations. The Millers 
 Bank of Washtenaw gave its mortgage security of $48,000 
 almost exclusively upon the village lots of an outlying 
 addition to the village of Ann Arbor. Among the great 
 mass of mortgages given, one finds documents that tell 
 him of the villages of Livingston, Kensington, Gibraltar, 
 Brest and Singapore and other places long since for- 
 gotten. In the far greater number of instances, however, 
 the securities were upon the unimproved lands but 
 recently purchased from the General Government and 
 destined during the next few years in a large number of 
 cases to be sold for the non-pajanent of the taxes assessed 
 against them. With such frauds and evasions practiced 
 in the creation and organization of certain of the banking 
 associations, one would expect to find kindred rascali- 
 ties in their subsequent operations. Such was in fact 
 the case, the later examination of the banks disclosing 
 that in many cases the taint which had marked their 
 inception increased in virulence with their subsequent 
 progress. Through fraudulent design, and incompetency 
 that invited like results, the books of the banks were in 
 many instances so kept as to give but the most imperfect 
 and misleading information as to the particular transac- 
 tions or the general condition of affairs. The reports of 
 the Bank Commissioners disclose that in numerous 
 instances there was a wilful purpose on the part of bank 
 officials to understate the amount of bills which a bank 
 
370 STEVENS T. MASON 
 
 had actually put in circulation. It could have been said 
 that it was ahnost a practice for banks, under the plea 
 of facilitating exchange, to put their bills in the hands of 
 individuals, frequently without any security therefor 
 and in many instances without any record of the trans- 
 action upon the books of the bank. Speaking of the Bank 
 of Manchester, one report says, "Previous to the last 
 report of the condition of the bank, it appeared that the 
 circulation was $34,000. It was, however, afterwards 
 ascertained that there were in the hands of individuals, 
 without security, bills of the bank to the amount of $73,- 
 334, making a total of bills out of $104,334. ' ' In the case 
 of the Lenawee County Bank it was discovered that the 
 $30,000 which had been originally paid in as capital stock 
 was almost immediately after the organization refunded 
 and the promissory note of one of the stockholders resid- 
 ing at Toledo taken for the amount. The books of this 
 institution showed a circulation to the amount of $13,210, 
 "but upon strict inquiry and investigation," says the 
 report, "it was ascertained that the sum of six thousand 
 two hundred dollars or thereabout, was in the hands of 
 two individuals for exchange purposes, which was not 
 entered upon the books of the bank among the issues and 
 for which no charge of indebtedness was made to any 
 individual nor security taken." Later when the books 
 disclosed circulation to the amount of $22,642, outside 
 investigation revealed actual circulation to the amount 
 of $42,363, with specie on hand to the amount of $34.20. 
 The Bank of Brest ultimately disclosed methods that 
 have never yet been surpassed in the realm of financial 
 chicanery. An examination of the bank at one time dis- 
 closed $9,754.92 in actual gold and silver in its safe, a 
 
BANKS AND BANKING 371 
 
 small book showing a memorandum to the effect that 
 $7,497 of the amount had been paid in the day previous 
 by Lewis Godard, one of the bank's principal promoters. 
 A second examination ten days later showed that two 
 days following the first examination, Godard had dis- 
 counted his note at the bank for $7,500 and had been paid 
 in the bills of the bank, that the bills had at once been 
 passed to another individual who repassed them over the 
 counter and had them redeemed in specie, the specie at 
 that time being reduced to $138.89. Among the loans 
 of this institution was one for $16,000, secured by two 
 bonds executed by the same Lewis Godard, accompanied 
 by a mortgage upon one hundred and eighteen village 
 lots in the village of Brest. This mortgage was subse- 
 quently assigned by the haiik to the Brest Company, for 
 the reason, as stated in the resolution ordering the 
 assignment, that the Brest Company had received no con- 
 sideration from the bank for the same. While the gen- 
 eral books of this concern showed circulation to the 
 amount of $39,425, the little memorandum book showed 
 other bills in Godard 's hands to the amount of $19,816, 
 and $25,000 more in the hands of one Lyman A. Spalding 
 of Lockport, New York. 
 
 Numerous other instances alike in character and vary- 
 ing only in degree could be cited showing the utter aban- 
 don with which the "high financiers" of 1838 did their 
 work. In speaking of another phase of the frauds prac- 
 ticed, Hon. Alpheus Felch has said, ''The discounted 
 paper of the bank was found in many instances to be 
 deficient in amount. Some of its was of a character to 
 excite grave suspicions as to its genuineness. It was 
 largely given by the officers of the bank or by the indi- 
 
372 STEVENS T. MASON 
 
 viduals who had been active in the organization of it, and 
 who controlled its action. The same individuals some- 
 times controlled several banks, some being directors in 
 one and some in another of them, and their names 
 appearing on the discounted paper to large amounts in 
 all of them. Many of these individuals were entirely 
 irresponsible and their paper worthless. In some 
 instances discounted paper had been withdrawn with no 
 substitute for it. In the frenzy of the times banks be- 
 came a subject of repeated sale and transfer, and in 
 some cases the retiring stockholders sometimes took to 
 themselves the discounted paper of the bank, and the 
 new proprietors furnished a substitute therefor. In 
 one instance, on such a transfer, promissory notes to the 
 amount of nearly $100,000 were withdrawn and new 
 paper substituted, the former of which was subsequently 
 declared by an investigating committee of the house of 
 representatives 'to be good, and the latter worthless, if 
 not forged.' " 
 
 Aside from the transactions of dubious character in 
 which certain of the banking association w^ere actively 
 engaged, their locations were in many instances impeach- 
 ments of the honesty of their purposes and intentions. 
 Detroit with nearly ten thousand population out of a 
 total of one hundred and seventy-five thousand in the 
 State and, commercially speaking, constituting a far 
 larger proportion of the State than even its population 
 would indicate, had one banking association organized 
 under the general banking law. It was the Detroit City 
 Bank, born December 26, 1837, capitalized at $200,000, 
 and although its officers and directors, as has been said, 
 ''were the best known and most influential of Detroit 
 
BANKS AND BANKING 373 
 
 citizens, ' ' it too began life under a cloud, for in its $60,000 
 of capital paid in there was $20,673 of the suspicious 
 specie certificate. Of the remaining banks it is perhaps 
 safe to say that fully two-thirds of the number were 
 located in the villages of less than five hundred people 
 each, while a number were located in places of too recent 
 settlement and too limited population to find place in 
 Blois' Gazetteer of 1838. That the village of Brest, on 
 Stony Creek seven miles from Monroe, where broad ave- 
 nues and shipping facilities had been marked upon an 
 attractive plat by the ambitious Brest Company but 
 where as yet not twenty families lived, should have been 
 selected as the site of a bank of $100,000 capitalization, 
 and that it could have prosecuted its organization with- 
 out exciting the derision of press and people, goes further 
 in disclosing the public temper and the general knowl- 
 edge of the science of banks and banking than a volume 
 of detail could do. But Brest with its bank, its malaria 
 and mosquitos could boast all the metropolitan advan- 
 tages of the village of Barry on Sandstone Creek in 
 Jackson County, or of Singapore, the name which desig- 
 nated the place where the Kalamazoo River enters Lake 
 Michigan, of Kensington located in the sylvan recesses 
 of southwestern Oakland County, or of Shiawassee or 
 whatever name was given to the forest location of the 
 Exchange Bank in Shiaw^assee County when the whole 
 county had a population of less than twelve hundred. 
 Gibraltar, Sharon, Superior, Goodrich Mills, Palmyra 
 and Auburn were widely scattered villages whose enter- 
 prising citizens organized banking associations and 
 became partakers of the blessings that were supposed to 
 flow from the free competition in their activities. In 
 
374 STEVENS T. MASON 
 
 the list might likewise well be included the cities of 
 Grand Rapids, Saginaw and many another that long 
 since cast off its village limitations, for in that time 
 Grand Rapids had a population of less than one thou- 
 sand while Saginaw could not yet number four hundred. 
 The nominal capital of the forty banking associations 
 which perfected their organizations and went into oper- 
 ation totaled $3,115,000. Had the law been observed it 
 would have required $934,500 in specie distributed in 
 their respective vaults to be held for the redemption 
 of their circulation. Many of the banking associations 
 were under the control of honest men who purposed to 
 conduct an honorable business. The general public had 
 been likemse disposed to look with favor upon their 
 early efforts, especially when the first few weeks of their 
 operations had brought a perceptible although delusive 
 measure of relief through the inflation of the currency 
 which for a short time circulated on the basis of public 
 confidence. But the frauds that characterized some of 
 the associations were soon known and the public began 
 to view the new currency "with suspicion. The Legisla- 
 ture, responsive to public sentiment, began the consider- 
 ation of various measures affecting particular banks as 
 well as all banks in general. The banks themselves soon 
 took notice of the rising tide of disapproval, and as 
 those organized and conducted with the most honest 
 purpose had discovered certain defects in the law as 
 well as in the unfavorable general conditions under 
 which they labored, a general meeting of the representa- 
 tives of the banking associations was called, for the 
 discussion of subjects of mutual interest as well as to 
 promote unity of action. This gathering, generally 
 
BANKS AND BANKING 375 
 
 referred to at the time as "The Currency Meeting or 
 Banking Convention," assembled at Detroit the 21st day 
 of February, 1838, and continued in session until the 
 evening of the 24th. Thirty-six or thirty-seven banking 
 associations were represented, being practically the 
 whole number in the State at the time. Although their 
 deliberations and proceedings were in secret, they gave 
 to the public the general results of their meeting in a 
 series of resolutions, which were to the effect that they 
 would co-operate with the chartered banks of the State 
 in the early resumption of specie pajnnent; their recom- 
 mendation in that regard was that the time to be fixed 
 should be within thirty days after the time fixed in neigh- 
 boring States. They recommended that all banks, under 
 the general law, contract their issue as speedily as possi- 
 ble, and declared their conviction that expansion was 
 then both unsafe and inexpedient. They sought to per- 
 fect arrangements whereby the notes of all the associa- 
 tions represented should be bankable at some one of the 
 banking institutions in the city of Detroit. They 
 appointed a committee to investigate the actual situa- 
 tion of the various institutions under the general bank- 
 ing law and pledged their mutual aid and support to 
 all such as should be found solvent. A delegate was 
 selected to attend a national convention in New York 
 in April. But perhaps their most important action was 
 the adoption of a memorial to the Governor and Legisla- 
 lature, to the effect that the banking associations be 
 allowed to become the purchasers of the whole or a por- 
 tion of the bonds of the five million dollar loan, then 
 being negotiated for the purposes of internal improve- 
 ment, upon their furnishing satisfactory security there- 
 
376 STEVENS T. MASON 
 
 for, the purpose of the desired purchase being that the 
 associations might thereby obtain eastern credit. This 
 memorial, signed by the representatives of the various 
 banking associations, was published in pamphlet form 
 and given extended circulation, in the evident hope of 
 creating sentiment in favor of the proposition as being 
 in the interest of domestic institutions. 
 
 The press generally spoke in complimentary terms 
 of the Convention and its work, the Advertiser saying 
 editorially among other things, ''In our judgment the 
 designs of the meeting were highly honorable and patri- 
 otic, and so far from wishing to injure or discredit 
 any banking institution in the State, it was their ardent 
 desire to improve and sustain the whole currency." The 
 Free Press observed that "The Convention was com- 
 posed of some of the soundest and most intelligent busi- 
 ness men of the State, and their proceedings were marked 
 with a unanimity of sentiment in favor of making every 
 practicable exertion to insure a safe currency to the peo- 
 ple of this State which promises well for the future." 
 
 The Governor on February 27 transmitted the memo- 
 rial to the Legislature with an accompanying message, 
 wherein he took occasion to restate some of the advan- 
 tages which he believed would accrue from a State bank, 
 which he suggested "might by a judicious arrangement 
 with the associations for the periodical redemption of 
 their bills to be an effectual agent in restoring confidence 
 in our currency." The main idea of the memorial how- 
 ever he adroitly but none the less positively opposed, 
 saving, "I should object to a sale of State stock aa 
 asked by the memorialists, as calculated to affect the 
 credit of the State and to depreciate the value of the 
 
BANKS AND BANKING 377 
 
 stock by bringing it into the market through too many 
 different channels." Needless to say, no results canie 
 either from the action of the Convention or from the 
 Governor's message other than to call attention to a 
 question regarding which there was already rapidly 
 growing feelings of doubt and distrust 
 
 The Banking Commissioners were now energetically 
 prosecuting their duties, and the revelations that were 
 soon made through their efforts as well as through 
 repoTts the banks were required to make in pursuance 
 of a legislative resolution of February 2, 1838, were 
 shaking confidence in every institution that bore the 
 name of bank as it had not been shaken before, the weak- 
 est and the worst in a measure giving character to the 
 whole. The suggestive terms of "wild cat," '*tom cat," 
 "mad cat," and "red dog" now began to be applied 
 to the bills of the various banking institutions accord- 
 ing to the financial solvency of the institution from which 
 they emanated. Almost in a day the general public that 
 for weeks had been parting with the dearly bought 
 products of their thrift and toil awoke to a realization, 
 that for it all, they held only the dubious promises of 
 still more dubious institutions. An Ingham County 
 pioneer sojourning at the time in Detroit, on March 15, 
 recorded in his diary the following graphic recital of 
 conditions: "Since the Canadian question has received 
 its quietus, by dispersing the 'Patriots,' nothing is talked 
 of but the 'wild cat' banks, some of which are showing 
 the stuff they are made of, and proving themselves rotten 
 to the core. There is scarcely a single one of the whole 
 number whose bills will be received at the stores for 
 goods, wiiile many a farmer has sold his produce and 
 
378 STEVENS T. MASON 
 
 some even their farms for the worthless trash. Most 
 of the laborers and mechanics hold all their receipts 
 and earnings for the last six months in these worthless 
 rags which they cannot use. We hear almost daily of 
 the arrest of presidents, directors and cashiers for fraud 
 and injunctions placed upon the banks." 
 
 While the above may in some particulars be overdra\vn, 
 the banks had nevertheless reached a condition such that 
 the Legislature on April 3 passed and two days later the 
 Governor approved a law suspending the general bank- 
 ing law for a period of one year as to such associations 
 as had not gone into operation or complied with certain 
 requirements which the law specified. Many a man who 
 had invested his honest savings in banks operated by 
 clever rogues now sought to divest himself of his hold- 
 ings and to pass his loss to another. Banks became as 
 has been already said, 'Hhe objects of frequent sale." 
 The names of certain gentlemen of Detroit later appeared 
 frequently in the reports in connection with certain finan- 
 cial activities of this character in a relation anything 
 but honorable. The bills were at a great discount as 
 compared with the issues of eastern banks or with even 
 the chartered banks of the State, while there was like- 
 wise a wide diversity in the rate of discount as between 
 the different associations. Brokers in Detroit and a few 
 other places did a thriving business in exchanging the 
 various kinds of money. No one took it without a pur- 
 pose to i)ass it on for either property or other bills of 
 supposed greater value. In the language of Judge 
 Thomas M. Cooley, ' * No circulating medium ever before 
 circulated so rapidly." Sometimes the bills were taken 
 to the distant places in neighboring States where tlieir 
 
BANKS AND BANKING 379 
 
 ill-fame had not preceded tliem and use as the considera- 
 tion for whatever the people were willing to part with. 
 Sometimes the holder hurried to the bank of issue to 
 obtain redemption in whatever they had to offer. In 
 Jackson County a story became current of a man who 
 became possessed of a considerable sum in the bills of 
 the bank of Sandstone. After his return from the primi- 
 tive village of Barry, where the bank was located and 
 whither he had gone for the redemption of his currency 
 Ke was said to have replied to the inquiry as to what he 
 received for his money, that for each ten-dollar bill he 
 received a millstone; for each five-dollar bill a grind- 
 stone and for each two-dollar bill a whetstone. Through 
 the succeeeding months the Commissioners applied 
 themselves to the work of enforcing compliance to the 
 law, to the discovery, exposure and prosecution of those 
 guilty of frauds, to enjoining the corrupt and insolvent 
 from the commission of further mischief, and to securing 
 by bonds and mortgages as far as possible the liabilities 
 of the various associations. It was during these investi- 
 gations that the public suspicions were confirmed and 
 the thorough rottenness of many an institution was dis- 
 closed. 
 
 The summer of 1838 was one of abundant harvest, 
 but the deranged condition of the finances had greatly 
 reduced the price of the farmers' products when meas- 
 ured in specie and there began to be real distress 
 throughout the State. Several county conventions were 
 now called in the more populous counties of the State, 
 at which after more or less deliberation resolutions 
 were adopted and committees appointed as initiatory 
 efforts for relief. The action of the Lenawee County 
 
380 STEVENS T. MASON 
 
 Convention was fairly typical of the others and here they 
 appointed a committee to await upon the Governor and 
 request him to call an extra session of the Legislature to 
 expedite the incorporation of a State bank, and to divert 
 the moneys appropriated for internal improvements, or 
 if this could not be done to obtain authority for a three 
 million dollar issue of State scrip to be sold in some for- 
 eign market and the proceeds loaned to the citizens of 
 the State. Numerous petitions were circulated in various 
 parts of the State and forwarded to the Governor asking 
 for similar action. To these appeals the Governor made 
 answer through the means afforded by the public press, 
 arguing the impracticability of the measures suggested 
 as calculated to afford any immediate relief, and pro- 
 ceeded at length to point out how the sale of State scrip 
 and the loan of the proceeds to the citizens of the State 
 *' would be the most hazardous measure to the interests 
 of the State we could possibly adopt." He likewise 
 called attention to what was a plain but perhaps not alto- 
 gether w^elcome truth, by saying, "The debts we have 
 contracted can only be liquidated by the slow process of 
 productive labor. All expedients for creating additional 
 banks, for shifting the debts of particular individuals 
 from their shoulders to those of the State, which is the 
 aggregate body of the people, w^ill leave our debt still 
 unpaid. The hard earnings, and industry of the people 
 are the only sources to which we can look wdth the hope 
 of a certain and permanently beneficial result.'" 
 
 The Bank Commissioners were now Kintzing Pritch- 
 ette, Alpheus Felch, and Digby V. Bell, the last named 
 
 1. Niles Intelligencer, Aug., 1838. 
 
BANKS AND BANKING 381 
 
 gentleman having been appointed by the Governor upon 
 the resignation of Commissioner Fitzgerald who had 
 been nominated and was subsequently elected a member 
 of the Legislature. For the more systematic discharge 
 of their labors, the Commissioners had subdivided the 
 State into three divisions; the first judicial circuit being 
 given to Mr. Pritchette, the second to Mr. Felch, and 
 the third to Mr. Bell. On January 18, 1839, shortly after 
 the convening of the Legislature the Commissioners sub- 
 mitted to that body extended reports on the condition 
 of the banks in their respective districts as well as a 
 general report, the latter document in thought and com- 
 position reflecting the finished style of Kintzing Pritch- 
 ette. In the retrospect in which this report indulged, 
 a summary of the situation is presented that cannot well 
 be improved upon. Says the report : 
 
 ''The feature of the Act which authorized banking 
 under the suspension law, that is to say, giving the sanc- 
 tion of the law to the issue of promises to pay, not liable 
 to redemption in gold and silver on demand, gave an 
 irresistible impulse to their career, by opening the door 
 for the debtor to liquidate his liabilities by transferring 
 to the public at large his indebtedness to individuals. 
 The result is well known, and it is believed, that it is not 
 too strong language to assert, that no species of fraud, 
 and evasion of law, which the ingenuity of dishonest cor- 
 porations has ever devised, have not been practiced under 
 this Act. 
 
 **The loan of specie from established corporations 
 became an ordinary traffic, and the same money set in 
 motion a number of institutions. Specie certificates, veri- 
 fied by oath, were everywhere exhibited, although these 
 
382 STEVENS T. MASON 
 
 very certificates had been cancelled at the moment of 
 their creation, by a draft for a similar amount, and yet 
 such subterfuges were pertinaciously insisted upon, as 
 fair business transactions sanctioned by cutsom and 
 precedent. Stock notes were given for subscriptions to 
 stock and counted as specie, and thus not a cent of real 
 capital actually existed, beyond the small sums paid in 
 by the upright and suspecting farmer and mechanic, 
 whose little savings and honest name were necessary to 
 give confidence and credit. The notes of institutions thus 
 constituted, were spread abroad upon the community, 
 in every manner, and through every possible channel; 
 property, produce, stock, farming implements and every 
 thing which the people of the country were tempted by 
 advanced prices to dispose of, were purchased and paid 
 for in paper, which was known by the utterers to be 
 absolutely valueless. Large amounts of notes were 
 hypothecated for small advances, or loans of specie, to 
 save appearances. Quantities of paper were drawn out 
 by exchange checks, that is to say, checked out of the 
 bank by individuals who had not a cent in the bank, 
 with no security, beyond the verbal understanding, that 
 the notes of other banks should be returned at some 
 future time. Such are a few, among the numberless 
 frauds, which were in hourly commission. Thus a law 
 which was established upon principles well digested and 
 approved, and hedged around with so much care, and 
 guarded with so many provisions, that few it was sup- 
 posed, would venture to bank under it, became by base 
 dishonesty and gross cupidity of a few, who had the 
 control of the specie of the country, nothing less than a 
 machine of fraud. 
 
BANKS AND BANKING 383 
 
 **The singular spectacle was presented by the officers 
 of the State, seeking for banks in situations the most 
 inaccessible and remote from trade, and finding at every 
 step, an increase of labor by the discovery of new and 
 unknown organizations. Before they could be arrested 
 the mischief was done; large issues were in circulation 
 and no adequate remedy for the evil. G6ld and silver 
 flew about the country with the celerity of magic; its 
 sound was heard in the depth of the forest, yet, like the 
 wind, one knew not whence it came nor whither it was 
 going. Such were a few of the difficulties against which 
 the Commissioners had to contend. The vigilance of a 
 regiment of them would have been scarcely adequate 
 against the host of bank emissaries, which scoured the 
 country to anticipate their coming, and the indefatigable 
 spies which hung upon their path, to which may be 
 added perjuries, familiar as dicer's oaths, to baffle inves- 
 tigation. Painful and disgusting as the picture appears, 
 it is neither colored nor overcharged, and falls far short 
 of the reality. The result of the experiment of free 
 banking in Michigan, is, that at a low estimate, nearly a 
 million of dollars of the notes of insolvent banks are due 
 and unavailable in the hands of individuals. ' ' 
 
 To the argument that the banks had furnished the 
 means of liquidating a large amount of debt, the report 
 answered: ''This may be true, but whose debts have 
 they liquidated? Those of the crafty and the specula- 
 tive, and by whom? Let every poor man, from his little 
 clearing and log hut in the woods, make the emphatic 
 response, by holding up to view, as the rewards of his 
 labor, a handful of promises to pay, which for his pur- 
 poses are as valueless as a handful of dry leaves at his 
 
384 STEVENS T. MASON 
 
 feet." The report proceeds to depict a state of public 
 mind, that goes far towards explaining the tolerance 
 with which the institutions were enabled to prosecute 
 their nefarious doings, when it says, "When we reflect, 
 too, that the laws are ineffective in punishing the suc- 
 cessful swindler, and that the moral tone of society seems 
 so far sunk as to surround and protect the dishonest 
 and fraudulent with countenance and support, it impera- 
 tively demands that some legislative actions should be 
 had to enable the prompt and vigorous enforcement of 
 the laws, and the making severe examples of the guilty, 
 no matter how protected or countenanced. ' ' The report 
 pointed out many other evils that attended the general 
 banking lay, and spoke in just words of praise of cer- 
 tain institutions, "which had sustained themselves with 
 honor and credit amid so many temptations and exam- 
 ples of fraud;" it unanimously recommended the repeal 
 of the general banking law, and with like unanimity 
 joined with the Governor in the recommendation of the 
 incorporation of a State bank, under the control of the 
 State itself, which they urged should be subject at all 
 times to the most rigid scrutiny, and to the strictest 
 guard against the tendency of banks to lend too much 
 and put too many notes in circulation, which they 
 declared to be " the fruitful source of so much evil. ' ' 
 
 Some authors, biased by partisan fervor, have sought 
 to take sentences from the Governor's message to the 
 Legislature of 1839, and use them as proof that he had 
 stood sponsor for a system that had brought the State 
 to the verge of bankruptcy and ruin. The message bears 
 no such construction. In it the Governor said, "No State 
 perhaps, has suffered more from the evils of a deranged 
 
CIIAULES E. STUART 
 Kalamazoo lawyer and politician. Mem- 
 ber of the State Legislature in 1842, later 
 in Congress, and holder of many public 
 oflSces of trust. 
 
.TAMKS M. EDMUNDS 
 Member of the State Legislature, 1840-41, 
 1846-7. 
 
kdUbttiuaA^anakjK^ 
 
 GOV. STEVEN'S T. MASON 
 From oil painting in State Capitol. 
 
BANKS AND BANKING 385 
 
 currency than our own. A most serious and responsible 
 portion of your legislative labors, therefore, consists 
 in supplying an effectual remedy against the disastrous 
 scenes of the past year. Let your attention be diligently 
 directed to this object, for experience has shown that 
 neither a regard for the rights of the people, a sense 
 of moral obligation, nor a respect for the injunctions 
 of the laws of the land are sufficient to restrain banks 
 in the abuse of public trust." And again he says, ''It 
 may be a question worthy of serious consideration 
 whether the high power of stamping paper as a substi- 
 tute for the currency recognized by the Federal Consti- 
 tution should ever have been conferred upon a private 
 corporation." The Governor's recommendations in the 
 message of 1839 as in the message of 1838 was for a State 
 bank modeled on the plan of the State bank of Indiana, 
 which, as already stated, during its whole career was an 
 efficient agent for the purposes of its organization. A 
 bill to incorporate such an institution, to be known as 
 the State Bank of Michigan, was introduced in the House 
 at this session by Mr. Fitzgerald, late banking commis- 
 sioner, and after' long discussion passed that body by a 
 vote of 40 to 6 and the Senate by a vote of 10 to 2. It 
 received the approval of the Governor on the 2nd day 
 of April. The Act provided for a bank of two million 
 dollars capital with nine branches, which by a sup- 
 plemental Act were to be located at Detroit, Monroe, 
 Adrian, Ann Arbor, Niles, Jackson, Pontiac, Mt. Clemens 
 and Marshall. One-half of the capital was to be sub- 
 scribed by the State and one-half by individuals. The 
 bill was carefully drawn and hedged about by every 
 provision which the experience of Michigan and neigh- 
 
386 STEVENS T. MASON 
 
 boring States could suggest. The affairs of the central 
 bank were placed under control of a Board of Directors 
 chosen by the Legislature. The selection of this Board 
 precipitated a spirited contest, resulting in the choice of 
 John S. Barry, John Biddle, Charles Noble, Robert H. 
 Stuart, G. W. Jermain, B. F. H. Witherell, Zina Pitcher 
 and Edward Mundy. Governor Mason and many others 
 had high expectations of the success that was to follow 
 the work of this institution^ and indeed the care with 
 which the Act was prepared and the high character of 
 the men selected to conduct its affairs were a strong guar- 
 antee for it; but it was destined never to go into 
 operation. The Act contained a provision to the effect 
 that if the capital stock was not subscribed and the bank 
 organized by February 1, 1840, the Act should be null 
 and void. A strenuous effort was made to organize the 
 institution, but the financial gloom that had settled upon 
 the people and the succeeding change in political con- 
 trol of the State made the securing of the requisite cap- 
 ital an impossibility, and the only banking project for 
 which the Governor stood committed failed of realization. 
 Great as was the need, the people seemed to have little 
 courage to work out new banking experiments. The 
 Legislature passed and the Governor approved an Act 
 repealing the so-called general banking law and impos- 
 ing serious penalties upon the perpetration of certain 
 frauds in connection with the banking business ; but the 
 havoc was already wrought. Even as the Legislature 
 acted, the report of the Attorney General showed twenty- 
 nine banks under injunction, and by the close of the year 
 
 2. House Doc, No. 29, 1839. 
 
BANKS AND BANKING 387 
 
 the number had reached forty-two. A few associations 
 that had prudently abstained from an over-issue of bills 
 and discounted only good paper wound up their affairs 
 and paid their obligations in full; but the great mass of 
 the bills was a loss to the holders. The last hope of the 
 billholders vanished when the Supreme Court of the 
 State in 1844 declared the general banking law to be 
 unconstitutional. It was a somewhat curious coincidence 
 that Charles W. Whipple who was speaker of the House 
 of Representatives when the law was enacted should later 
 have been the judge to deliver the opinion declaring the 
 law unconstitutional and that Hon. Alpheus Felch, late 
 Banking Commissioner, should have been one of the 
 judges to concur in the decision, and that the attorney 
 to present the question before the court should have been 
 Mr. Theodore Romeyn, a Detroit lawyer of exceptional 
 ability, but a man nevertheless whose name had been 
 connected in no enviable relation as stockholder, direc- 
 tor and general promoter of some of the wildest of the 
 'Svild cat" banks of Michigan. 
 
 In the decision of the case. Judge Whipple took occa- 
 sion to say, ''It is to be lamented that the grave question 
 we are now called upon to decide, was not presented to 
 this court at an earlier period, and immediately after 
 the passage of the obnoxious Act. Our decision would 
 have stayed the torrent which has swept over the State 
 with effects so desolating and preserved individual and 
 State credit from the stigma and reproach which befell 
 both." 
 
 By the decision, the unconscionable promoter escaped 
 liability, and it was this consideration which caused the 
 
388 STEVENS T. MASON 
 
 Judge to add, ''I regret that the question has now been 
 forced upon our notice, satisfied as I am, that the public 
 interest under existing circumstances would be best pro- 
 moted by sustaining the law. ' " 
 
 Green vs. Graves, 1 Doug, Mich. 372, see also, Brooks vs. Hill, 
 1 Mich., 118; Comstock vs. Draper, 1 Mich., 481; State vs. 
 Howe, 1 Mich., 512 ; 2 Mich., 287 and 16 Mich., 254-258. 
 
CHAPTER XIX 
 
 Internal Improvements 
 
 'T^HE coming of the spring days of 1837 found the 
 -*- commissioners of the Board of Internal Improve- 
 ment in active preparation for the prosecution of the 
 great work entrusted to their care. On the first day of 
 May following their nomination and election, they pro- 
 ceeded to organize by appointing Justus Burdick presi- 
 dent, John M. Barbour auditor, Kintzing Pritchette sec- 
 retary, and David C. McKinstry, Levi S. Humphrey and 
 James B. Hunt as acting commissioners. The chartered 
 rights of the Detroit and St. Joseph Railroad Company 
 and all its equipment was at once purchased and taken 
 over by the Commissioners on behalf of the State, while 
 they at the same time busied themselves in the purchase 
 of instruments, the hiring of engineers and the multi- 
 farious details incident to the survey of three railroads, 
 as many canals, and likewise as many river improvement 
 projects. The greater portion of the work was to be 
 prosecuted in regions where it was necessary to trans- 
 port with difficulty even the simplest and most common- 
 place essentials of the work as well as the means of 
 sustenance for both men and beasts, when they were not 
 supplied by meadows and forests. 
 
 The various projects were parceled among the three 
 acting commissioners, Levi S. Humphrey taking the sur- 
 vey of the Southern Railroad, the Havre Branch Rail- 
 road and the St. Joseph River ; David C. McKinstry was 
 
390 STEVENS T. MASON 
 
 given the construction of the Central road from Detroit 
 to Ypsilanti, being the work "under process of construc- 
 tion by the Detroit and St. Joseph Company, the survey 
 of the remainder of the Central route and of the Kala- 
 mazoo and Grand Rivers; while James B. Hunt was 
 assigned the survey of the canal or canal and railroad 
 from Mt. Clemens to the mouth of the Kalamazoo River, 
 the Northern Railroad, and the canal connecting the 
 navigable waters of the Saginaw and Maple Rivers. 
 Governor Mason, under authority conferred, appointed 
 John Almy of Grand Rapids, a trained and capable engi- 
 neer, to make a survey together with estimates of the 
 cost of construction of a canal around the Fall of the 
 St. Mary. 
 
 Chief engineers were appointed for each of the major 
 enterprises, and in early June each with a company of 
 subordinates and assistants with trailing pack horses 
 bearing provisions and equipment could have been seen 
 wending their diverging ways from Detroit to the State's 
 interior where they were to blaze the way for the rail- 
 ways and canals that were expected as if by magic to 
 transform the forests into gardens and fruitful fields. 
 
 Through the summer, autumn and even into the early 
 winter the surveying parties pushed on their work with 
 occasional visits from the Commissioners who when not 
 upon their assigned work were in attendance upon 
 m.onthly meetings or engaged in the discharge of the 
 numerous details such projects involved. On the Central 
 road the work of actual construction which had been 
 begun by the Detroit and St. Joseph Company was taken 
 up and pushed forward with an energy that promised the 
 
INTERNAL IMPROVEMENTS 391 
 
 speedy opening of traffic between the cities of Detroit 
 and Ypsilanti. 
 
 On January 23, 1838, the Board of Commissioners 
 of Internal Improvement made its first report to the 
 Legislature. It is an exceedingly interesting document, 
 containing as it does the reports of the several engi- 
 neers on the various works committed to them. Not a 
 few have commented on the State's projects of internal 
 improvement in terms of ridicule; but the report dis- 
 closes that to men of scientific and technical training 
 they appealed with as much persuasion as to the settler 
 in the remote clearing or isolated village who was shut 
 off from markets and the centers of population by long 
 miles of well-nigh impassable roads. It has been said with 
 truth that the enterprises were far in advance of the 
 economic needs of the State and that their magnitude 
 was greatly underestimated; but it should be borne in 
 mind that the projects were designed as much to promote 
 State growth and development as to serve the purposes 
 of the people already here. It is likemse true that the 
 cost of the various works from lack of experience and 
 reliable data in such constructions was much underesti- 
 mated, still it should be remembered that the estimates 
 were made upon the primitive plans of the pioneer and 
 not upon the ones now required to meet the demands of 
 a vast and ponderous traffic. Nor with a policy of State- 
 wide internal improvement determined upon was it 
 strange, as we shall see, that canals and river improve- 
 ments also found favor among the projects proposed. 
 
 Of the works surveyed and projected, the railways per- 
 haps deserve first mention. The Northern road seems to 
 
392 STEVENS T. MASON 
 
 have been located with little trouble, possibly because 
 there were very few people along its proposed route 
 to raise contention. The Legislature had enacted that 
 the eastern terminus should be either Palmer (St. Clair) 
 or the mouth of Black River (Port Huron). Palmer 
 citizens made a very active campaign for the location, 
 but the Commissioners ultimately fixed upon the more 
 northern point, for the reason that it afforded better 
 harbor facilities and was for the better accommodation 
 of the northern tier of counties; another consideration 
 and perhaps the most important one was, that by locat- 
 ing at the mouth of Black River, the eastern terminus 
 of the road would be brought in opposition to the western 
 terminus of the road from Lake Ontario to Port Sarnia, 
 which was then being agitated in Canada and indeed 
 was located from Hamilton to London. The engineers' 
 report fully set forth the force of this consideration, 
 and shows how little they foresaw that the great city 
 of the West which like a magnet Avas to draw the course 
 of commerce to itself was to be at the southern extreme 
 of Lake Michigan. Says the report: ''It appears obvi- 
 ous that the road is to be constructed, not only for the 
 accommodation of the inhabitants in the immediate vicin- 
 ity of the route and adjacent district, but also as an 
 essential link in the great chain of railroads finished or 
 in progress, from New York and Boston to the valley of 
 the Mississippi and the far West. It is in fact almost 
 a direct line to pass from Albany on the great thorough- 
 fare through the principal cities of western New York, 
 thence through Canada by the Great Western Railroad 
 to the St. Clair River ; and thence through the geograph- 
 ical center of Michigan by the Northern Railroad to Lake 
 
INTERNAL IMPROVEMENTS 393 
 
 Michigan ; thence to Milwaukee and Cassville in the cen- 
 ter of the mining district on the Mississippi." The 
 engineers offered further argument in support of the 
 project by saying, "The road when constructed \vill 
 receive a very large share of the constantly increasing 
 travel through this State east and west." 
 
 From the mouth of Black River the road was located 
 to the west in the language of the report, ** passing 
 through, or as near as the interest of the State would 
 permit, to the villages of Lapeer, Flint, Owosso or 
 Corunna, or to both places; thence to the mouth of the 
 Maple and keeping on the south side of Grand River, to 
 the village of Grand Rapids." "Here, says the report, 
 "good navigation for steamboats to the mouth of the 
 river commences and no necessity at present exists for 
 making a railroad by the side of a navigable river. ' ' 
 
 The survey and estimate, however, was made to Grand 
 Haven, at the mouth of the river. The distance was 
 found to be 201 miles and 36 chains, and the cost of con- 
 struction was estimated at $1,409,015.75, or $6,994.36 per 
 mile, of which $3,973 per mile was estimated for the 
 wooden superstructure or strap-rail construction into 
 which the iron-rail plate at $85 per ton went as the most 
 expensive single item. These estimates were for a single 
 track road mthout station houses or equipment. The 
 engineers stated as their emphatic belief that the esti- 
 mates "were amply sufficient with proper economy to 
 construct the work on the plans proposed," and they 
 were equally confident that by the use of a certain block 
 construction, hereinafter described in the construction of 
 the Central road, the cost could be still further materially 
 reduced. 
 
394 STEVENS T. MASON 
 
 In locating the route of the Southern road, the Board 
 of Commissioners was beset with difficulties and con- 
 fronted with rivalries that had been entirely absent at 
 the north. No less than four different lines were run 
 through the southern tier of counties at the instance 
 either of the Commissioners or in response to petitions 
 from rival localities. The villages of Tecumseh, Jones- 
 ville and Niles were especially insistent for themselves 
 if not in opposition to more southern points. After 
 listening to many arguments at numerous hearings, the 
 Commissioners approved a route, the eastern terminus 
 of which in the language of the report, "commenced on 
 the navigable waters of the River Raisin, and running 
 through the city of Monroe to the limits of said town.*' 
 It then proceeded westward passing through the villages 
 of Adrian, Hillsdale, Coldwater, Mason, Branch, Center- 
 ville, Constantine, Motville, Adamsville, Edwardsburg, 
 Bertrand and terminated at New Buffalo. Several of 
 these villages which have long since ceased to exist were 
 then thriving places of industry whose ambitious citi- 
 zens looked forward to the time when wealth would 
 come to them and added numbers to their villages with 
 the advent of the railroad. The line as projected was 
 183 miles in length and its estimated cost was $1,496,- 
 376.39. The same survey embraced the Havre Branch 
 Railroad, a piece of road 12.9 miles in length designed 
 to connect the Erie and Kalamazoo Railroad with the 
 ephemeral "city" of Havre, a point upon Lake Erie a 
 short distance north of the Ohio line. The estimated 
 cost of this project, which was designed to create another 
 Toledo upon soil that was unquestionably in Michigan, 
 was but the modest sum of $82,043. There is a certain 
 
INTERNAL IMPROVEMENTS 396 
 
 humor in the frank statement of the Commissioners as to 
 what they considered the most cogent argument in favor 
 of the location of the road as near the State line as 
 possible. Says the report: ''One of the principal argu- 
 ments in favor of the Southern road at the time of the 
 adoption of our present system of internal improvements 
 by the Legislature was, that unless our State was first 
 in the field, the States of Ohio and Indiana would probably 
 construct a road from Toledo to Michigan City along the 
 southern boundary of our State and divert the traveling 
 community from our thoroughfare; thus not only com- 
 pletely isolating us, but compelling a large portion of 
 our citizens to find a market for their produce in those 
 States." The report adds, "The Commissioners con- 
 sider the argument a forcible one in favor of the most 
 southern location as well as of the Southern road itself." 
 As already stated, the greater energy had been 
 expended upon the Central road, undoubtedly because 
 at the time the work was undertaken by the State the 
 line was already in progress under the Detroit and St. 
 Joseph Company. At the time of the sale by the com- 
 pany to the State, the company had a right of way one 
 hundred feet in width cleared through the forest as far 
 as Ypsilanti, and from Detroit westward approximately 
 thirteen miles of roadbed graded after the fashion of 
 the railroads of that period. At the date of the report 
 the Commissioners had so far completed their work that 
 a depot had been established on the Campus Martins; 
 cars were running regularly to Dearborn mth a promise 
 from the authorities that in early February traffic would 
 be opened to Ypsilanti. While work was in progress 
 upon the line from Detroit to Ypsilanti, surveyors were 
 
396 STEVENS T. MASON 
 
 also at work from the latter town westward. The line 
 which they marked and estimated was practically the 
 route upon which the Central road was later constructed, 
 except that from Kalamazoo the line was projected 
 direct to the mouth of the St. Joseph. The length of the 
 road from Honey Creek, a point near Ypsilanti, to the 
 mouth of the St. Joseph was found to be 153 miles. The 
 first thirty miles of the road from Detroit to Ypsilanti 
 showed a cost of $298,506.23. The remainder it was esti- 
 mated would entail a cost of $1,381,040.90, a sum that 
 did not seem unreasonable in view of the cost of the com- 
 pleted portion. 
 
 As the line between Detroit and Ypsilanti was for much 
 of the way over lands of a damp and springy nature, the 
 engineers had recourse to a somewhat novel plan of con- 
 struction, which was likemse recommended for use upon 
 both the Northern and Southern roads as the ''block 
 system." The system would hardly be adapted to the 
 uses of the modern railroad over which are transported 
 fast freight and limited express; but it was considered 
 an engineering achievement of exceptional merit in that 
 day, being used not only upon the Central but upon some 
 of the roads of western New York as well. The mode 
 adopted as described in the report of the engineer was 
 as follows : 
 
 "Holes were dug to the solid ground, at distances of 
 eight feet from center to center lengthwise, and five feet 
 from center to center crosswise of the road; these holes 
 were from six inches to two feet deep, between which 
 distances is found, with few exceptions either sand, clay 
 or gravel. Blocks sawed with jiarallel ends at right 
 angles to their length not less than two feet in diameter. 
 
INTERNAL IMPROVEMENTS 397 
 
 and cut in lengths to suit the grade, are set endwise in 
 the pits, and well settled in their places by ramming, 
 the tops being from eight to ten inches below the grade 
 line. Timbers of sixteen, twenty-four, thirty-two and 
 forty feet in length, dressed upon one side to line, and 
 of such size as to square not less than twelve inches 
 are then spotted on to the blocks in such a manner as 
 to rest fairly and equally upon them, and having their 
 dressed surfaces correspond exactly with the established 
 grade. These timbers when placed present two parallel 
 strings, five feet apart from center to center throughout 
 the entire length, and with the blocks form the foundation 
 of the road. Such portions of the embankment as can 
 be made from the side of the road, may now be done, 
 although it is not advisable to cover the stringers until 
 the ties and rails are laid. In cuts the blocks are dis- 
 pensed with, and timbers hewed on two sides, or sawed 
 timbers from the mills, are bedded in parallel trenches. 
 In two places where hard bottom could not be found 
 short of from five or six feet, piles have been substituted 
 for blocks; and also in one instance where the roadway 
 is elevated from twelve to fourteen feet; these places 
 will be embanked. 
 
 "The stringers and sills being laid, cross-ties framed 
 in the usual way are placed three feet apart from center 
 to center, and spiked to the sills at each end with a six- 
 inch wrought spike. White oak rails, five by seven 
 inches, are placed and firmly wedged in the gains of the 
 cross-ties. This being done, the upper surface of the 
 rail is dressed to a line in exact parallelism with, the 
 established grade, and about three-fourth of an inch 
 champered off the inside. 
 
398 . STEVENS T. MASON 
 
 "The timbers are now ready for the iron bars, which 
 are fastened with ^y^ inch pressed spikes; connecting 
 plates one-fourth of an inch thick, six inches long and 
 of the width of the bar are used under the joints. The 
 iron bars used are 2i^ x i/^ inch, fifteen feet long. 
 
 ''The structure being completed in this way, the 
 embankments are finished and carried up within three 
 inches of the irons and having a width of fifteen feet 
 at top and slopes of li/^ base, to one in height. The 
 width of the track is four feet 814 inches measured 
 between the inner edges of the irons. 
 
 **Upon the graded road, and through cuts, sills sawed 
 
 5 X 12 inches or if dressed out along the line, not less than 
 
 6 X 10, and of any convenient length have been bedded 
 in two parallel trenches mth connecting planks 2 x 12 
 and not less than three feet long under the ends. The 
 ties, rails and irons are then placed and secured to the 
 sills and the grading completed as above. 
 
 ''Either of the plans above described are believed to 
 be as permanent as a timber road can be made and both 
 of them possess more than ordinary strength. The block 
 road is sufficiently firm to travel on at a moderate rate 
 without grading, and when graded the settling of the 
 earth around the timbers will not only add very mate- 
 rially to the strength of the road but effectually prevents 
 any tendency to derangement from the rapid passage of 
 heavy trains." 
 
 Such was the construction of the old "strap rail" road, 
 of short life and unpleasant memory. It has been usual 
 to say that the railroads projected by the State could 
 not have been constructed for five times the five million 
 dollars appropriated by the ambitious Legislature; yet 
 
INTERNAL IMPROVEMENTS 390 
 
 in actual demonstration, as has been said, the thirty miles 
 of road between Detroit and Ypsilanti including depots 
 and equipment sufficient for the pioneer demand was at a 
 cost of less than ten thousand dollars per mile ; showing 
 that, when we consider the abundance of timber and the 
 topography of the country, the estimates of the engineers 
 on both the Northern and Southern and remaining por- 
 tion of the Central were not so inadequate as we have 
 been led to believe, but woefully inadequate if we apply 
 them to the roads which a few years' development 
 showed were required to meet the demands of inland 
 transportation. 
 
 To many people of a later day the spectacle of a com- 
 monwealth building railroads where as yet few if any 
 people lived and where likemse commercial demands had 
 not arisen therefor, has been taken as something of an 
 anomaly; but still more anomalous has it seemed, that 
 just as the country was beginning to appreciate the pos- 
 sibilities of railway transportation they should have 
 made substantial appropriations for the digging of 
 canals and for making navigable the tortuous channels 
 of the Kalamazoo, the St. Joseph and the Grand Rivers. 
 These projects have been made the subject of much ridi- 
 cule by some who have given them written attention; 
 but when we consider them in connection \vith the experi- 
 ences of the people, they become projects that are neither 
 strange nor unreasonable, much less ridiculous; the 
 Erie Canal mth its 352 miles of length and 568 feet rise 
 from Albany to Buffalo had cost $7,600,000, and its prac- 
 tical benefits had been brought under the personal obser- 
 vation of more than one-half the people of Michigan. 
 Ohio was at this time vigorously prosecuting wor]c upon 
 
400 STEVENS T. MASON 
 
 the Ohio and Erie and the Miami and Erie that in the 
 course of their construction were to absorb $13,000,000 
 from the State and $3,000,000 more in the form of lands 
 donated by the General Government. The Ohio canals 
 likewise involved engineering difficulties in comparison 
 to which the Michigan projects were exceedingly simple. 
 Not only did the people have before them the extensive 
 work upon canal construction in neighboring States, but 
 the engineer assigned to the work upon the Clinton and 
 Kalamazoo Canal project had warmly recommended it 
 for favorable consideration, his report not only giving 
 in detail the facts which showed the practicability of 
 the project but adding his personal indorsement to it as a 
 matter of State policy. **In relation," says his report, 
 *'to the importance and utility of a canal in point of 
 interest and solid wealth, there can be no doubt, as 
 reference alone will satisfy the most skeptical. My own 
 views are that the State can not embark upon a work so 
 safely calculated to promote so generally the great and 
 growing interest of the State as that of constructing an 
 independent canal across the peninsula from the eastern 
 to the western navigable w^aters." There is little doubt 
 that the Board of Commissioners expressed the prevail- 
 ing opinion among the people when at a meeting of that 
 body on the 12th of February it entered in the minutes 
 of its proceedings a resolution which among other things 
 declared, "At this day there is no doubt in the public 
 mind as to the superior advantage of canals over that 
 of railroads to a country. ' ' 
 
 The main canal, known generally as the Clinton Canal, 
 because of its commencement at Mt. Clemens upon the 
 Clinton Kiver, through which it was designed to dis- 
 
A Close View of the Statue of Stevens Thumsuii Mason. I»etroit 
 
t> O 
 
 o 2 
 
 o .5 
 < ^ 
 
 O 2 
 
INTERNAL IMPROVEMENTS 401 
 
 charge its commerce into Lake St. Clair, was planned 
 to. intersect the Kalamazoo River at Allegan and have a 
 total length of two hundred and sixteen iniles and 
 seventy-eight chains. It is interesting to note that by the 
 survey, the summit level of this proposed canal was 
 found to be a quarter of a mile west of the city of Pontiac, 
 and within thirty miles of Lake St. Clair. From here 
 a level of a little more than forty-two miles to the west- 
 ward was secured that was 344.61 feet above the surface 
 of the waters of Lake St. Clair, and 336.11 above the 
 waters of Lake Michigan, requiring a lockage of 349.61 
 feet on the eastern, and 341.11 on the western declivity. 
 The estimates showed 27,313 cubic feet of water per 
 minute required to supply the canal, with more than 
 98,846 cubic feet per minute available; while upon the 
 summit level, 8,915 cubic feet per minute was available, 
 to supply a demand of 4,833 cubic feet per minute. Later 
 a survey was made from a point on the original line two 
 miles west of Howell down the valley of the Cedar and 
 Lookingglass Rivers to the Grand at L^^ons, a route that 
 was thought to offer greater advantages both as to cost 
 of construction and extent of country to be served. Both 
 surveys were made upon the basis of a canal 32.5 feet 
 width of bottom, fifty feet at top water line, with five 
 feet depth. Such a canal it was estimated could be con- 
 structed at from sixteen to eighteen thousand dollars 
 per mile. 
 
 The Northern or Saginaw Canal by which it was pro- 
 posed to connect the waters of the Maple with those of 
 Bad River and thus make connection with the waters of 
 the Grand and Saginaw Rivers, while a far less ambitious 
 scheme than the Clinton and Kalamazoo, yet because 
 
402 STEVENS T. MASON 
 
 of its seeming practicability was looked upon with 
 much favor at that time and has continued a subject of 
 some interest to the present time. The project contem- 
 plated the improvement of nearly seven miles of the 
 channel of Bad River at an estimated cost of $57,829.38, 
 and a connecting canal 13 and 65/100 miles long through 
 the intervening ridge. This canal was designed to have 
 a water-line width of forty-five feet mth a depth of four 
 feet, to cross the divide Avith seven locks, and to be 
 constructed at a cost of $121,830.24. A more extensive 
 improvement was suggested, at an increase of some thirty 
 thousand dollars in cost. 
 
 The report upon the St. Mary's Canal, which Governor 
 Mason had likewise caused to be surveyed, disclosed 
 favorable conditions. Engineer Alma reported a dif- 
 ference in elevation to be overcome of 18 feet lor which 
 he recommended a canal 4,560 feet in length, the same to 
 have a width of seventy-five feet at the surface, a bottom 
 width of fifty feet, with a depth of ten feet in the rock 
 cuts. Three locks were provided, with dimensions of 
 one hundred feet in the clear for length and thirty-two 
 feet for width, with average lifts of six feet each. Such 
 locks the engineer asserts 'Svill accommodate the largest 
 class of sail vessels now used on any of our lakes." This 
 work it was the confident assertion of the engineer could 
 be executed for $112,544.80 ; the only item of the estimate 
 upon which he expressed doubt being the cost of labor 
 at a point so far removed from the centers of population. 
 
 The third field of effort for works of internal improve- 
 ment was to be in the improvement of some of the rivers 
 of the State, that they might serve the purposes of com- 
 merce for light crafts. This was to be done by removing 
 
INTERNAL IMPROVEMENTS 403 
 
 drift wood and sand bars, by the construction at certain 
 points of side cuts for the passage of rapids and at other 
 places by a series of dams with locks to provide for what 
 was known as ' ' slack-water navigation. ' ' These projects 
 were likewise but the evolution of more primitive 
 attempts to make these natural highways of use to the 
 people. The early settler penetrated to the interior of 
 the State, especially upon the western shore, by either 
 the Grand, the St. Joseph or the Kalamazoo Rivers. 
 These rivers from the first had served as important ave- 
 nues of commerce. As early as 1831 there had been 
 steam navigation to the mouth of the St. Joseph. It 
 became regular after 1834, at which time keel-boats, 
 ' ' arks ' ' and fiat-boats began the navigation of the river ; 
 the Antelope, the Constantine and the St. Joseph, crafts 
 of from 35 to 40 tons, being among the first. In the year 
 mentioned the Constantine brought down the first cargo 
 of wheat from Three Rivers. From here likewise came 
 the ''Kitty Kidango" and the ''Three Rivers" a year 
 or two later. These boats came down with the current 
 and were either sold upon arriving at the river mouth or 
 worked back by slow and painful process. Flat-boats 
 capable of carrying as much as twenty barrels of flour 
 were sometimes floated down, and after the discharge of 
 their cargoes were drawn back by wagons. The steamer 
 Newburyport reached Berrien Springs as early as 1832. 
 Next came the Matilda Barney, a stern-wheeler, followed 
 in 1834 by the David Crockett, a vessel of like construc- 
 tion drawing about three feet of water, which was 
 wrecked upon a rock seven miles above Berrien Springs 
 a year later. This boat was followed by the Patronage 
 in 1836 or 1837 and by the Pocahontas in 1838. The 
 
404 STEVENS T. MASON 
 
 Kalamazoo was likewise serving as a burden bearer, 
 while upon the Grand at this time, through a canal or 
 side cut around the rapids constructed as a private enter- 
 prise by the Kent company, steam crafts were bringing 
 to the river mouth cargoes from as far inland as Lyons. 
 
 Nothing could have been more natural than that the 
 Legislature should have included these rivers within the 
 scheme of internal improvement as projects likely to 
 return large benefits for correspondingly small expendi- 
 tures. 
 
 The St. Joseph, which from Lake Michigan to Union 
 City was found to have a length of one hundred and sixty 
 miles, was found likewise to have all but forty-three 
 miles of its length within the State of Michigan. The 
 engineers' report upon this project comprehended some 
 excavations, side cuts, the removal of drift wood and 
 the construction of a series of 42 dams varying from two 
 and one-half to five feet in height. By these improve- 
 ments it was estimated that five feet of water could be 
 secured from St. Joseph to Three Rivers and three feet 
 from Three Rivers to Union City. This work it was 
 estimated could be done for $183,433.60 for that portion 
 of the river within the State of Michigan, and $93,134.60 
 for that portion of the river within the State of Indiana. 
 With the details of this improvement the engineer sub- 
 mitted estimates for a canal four feet in depth and 
 twenty-eight feet bottom from Union City to Homer, a 
 distance of twenty miles, with a lockage of ninety-eight 
 feet, to be constructed at a cost of $144,008.56; while a 
 reconnoissance was made as far east as Dexter. The 
 Kalamazoo was to be likewise improved, by a series of 
 twenty-one dams having an aggregate height of seventy- 
 
INTERNAL IMPROVEMENTS 405 
 
 five feet between Allegan and Kalamazoo, at a total cost 
 of $125,924, and the Grand was to be given a full four- 
 foot channel to the mouth of the Maple for $67,309.90; 
 $43,751.40 being the estimated cost of passing the ''grand 
 rapids" at the village of that name. 
 
 One of the secondary inducements held out in support 
 of the improvements upon the St. Joseph and the Kala- 
 mazoo was the vast amount of water-power that would 
 come, thereby into the possession of the State, and which 
 the engineers confidently asserted would exceed in value 
 the cost of the entire improvemnts upon those rivers. 
 
 The total or gross estimates of all the prospects upon 
 which surveys were made showed a prospective cost of 
 approximately nine million dollars, a little more than 
 one-half being for the three lines of railway, a sum that 
 was unquestionably much less than would have been 
 required for the ultimate completion of all the enter- 
 prises, even upon the meager scale upon which they were 
 projected. 
 
 The scheme of internal improvements was fast disclos- 
 ing the inherent weaknesses that required only time to 
 develop. It had started with the Governor recommend- 
 ing that the State become interested as a stockholder in 
 certain of the leading enterprises that might be organ- 
 ized for the facilitating of transportation within the 
 State to the end that the State might both encourage 
 their construction and more effectually exert a controll- 
 ing influence upon them ; but it ended by the State becom- 
 ing the sole proprietor, and prosecuting projects for 
 which there was no present economic need in order to 
 allay objection and secure support for other projects 
 for which there might be said to be present economic 
 necessity. As there had been contests between sections 
 
406 STEVENS T. MASON 
 
 that each and all might partake of the benefits from 
 improvements that were to be constructed at the expense 
 of all, so now there began to be contests between locali- 
 ties of the same section for the location of the particular 
 improvement that was no longer divisible. No sooner 
 did the Board of Commissioners announce its determina- 
 tion as to the location of a given improvement than a 
 flood of remonstrances and petitions from disappointed 
 citizens of other localities were sent to the Board, the 
 Governor and the Legislature. The legislative session 
 of 1838 had but just begun when petitions from citizens 
 of the southwestern counties began to be presented, pray- 
 ing not only for a change in the location of the Southern 
 road but for a legislative investigation of the action of 
 the commissioners in the location they had made. Their 
 petitions brought heavy remonstrances from Monroe and 
 other localities. Resolutions by narrow votes passed the 
 Legislature requiring the suspension of work upon the 
 Southern road for thirty days, and of the letting of any 
 contracts upon the Havre Branch until after the sixteenth 
 of the following April ; while like resolutions suspending 
 work upon the Northern road failed of passage by only a 
 narrow margin. In the meantime, the work upon the 
 Central was pushed with unabated vigor. To be ready 
 for the inauguration of traffic, the Commissioners had 
 before the close of navigation purchased and brought on 
 from Messrs. Eaton and Gilbert of Troy, New York, 
 two passenger coaches which were not unlike the old 
 stage coaches in outward appearance except they were 
 somewhat larger, being designed to carry twenty-four 
 passengers each. They were transferred to the State's 
 railway yard near the Capitol and the public awaited the 
 
INTERNAL IMPROVEMENTS 467 
 
 days when they might enjoy the luxury of travel they 
 seemed to promise. Imagine the indignation and disap- 
 pointment of the people of Detroit when a little later the 
 Sheriff of Monroe armed with a writ of replevin 
 appeared upon the scene and took the cars into his pos- 
 session in a suit brought by the agent of the River Raisin 
 and Lake Erie Railroad Company who made claim that 
 they had been first purchased by that company and pri- 
 vately marked by it before the sale to the State. We 
 may well imagine that there was more chagrin over the 
 fact of the loss of the cars by Detroit to Monroe than 
 over any inconveniences their removal occasioned. 
 Whatever the result of the legal proceeding was, the cars 
 were lost for the opening of the road; but undaunted, 
 the authorities soon had John G. Hays, a local crafts- 
 man at work upon a new car which was soon completed, 
 as a number of car wheels and other essentials for car- 
 building had been purchased of the Detroit and St. 
 no manner inferior to the ones of which they had been 
 christened the ''Governor Mason" had a capacity of 
 thirty-six person, and in elegance and equipment was in 
 no manner inferior to the ones of which they had been 
 deprived by judicial process. 
 
 On Saturda}^ the 3rd day of February, 1838, the first 
 passenger train upon the Central Railroad to run be- 
 tween Detroit and Ypsilanti, made its initial trip. It was 
 an event of more than ordinary importance, and prepa- 
 ration was made to celebrate it with befitting pomp and 
 ceremony. On the morning of the day in question the 
 population was out in mass to witness the departure 
 of a train that would now be in strange contrast to the 
 ones that almost hourly through the day are departing 
 
408 STEVENS T. MASON ' " 
 
 over the various lines that enter the metropolis. Then 
 the crude little locomotive with the cord-wood piled high 
 upon the tender was followed by the ''Governor Mason," 
 then by three cars of lesser elegance and three rough 
 cars that had been improvised for the occasion. The 
 Governor and the State officers were granted the distin- 
 guished honor of passage at the head of the train, after 
 them the members of the Legislature, then the Brady 
 Guards and distinguished citizens. Slowly this railway 
 cavalcade pulled out for Ypsilanti, where it arrived with- 
 out mishap three hours later, although it was the boast 
 of the newspapers afterwards, that when in motion the 
 train was able to make as high as fifteen miles an hour. 
 At Ypsilanti the village population and the settlers from 
 a distance were present in force to give a heafty and 
 perhaps a boisterous welcome. A dinner for several 
 hundred was served. Gen. John Van Fossen on behalf 
 of the citizens of Ypsilanti delivered to the Governor 
 an engrossed copy of a congratulatory address phrased 
 in the exuberant style of the old days. To this the Gov- 
 ernor responded, the band played and before the after- 
 noon was far advanced the train began its homeward 
 journey with its load of enthusiastic excursionists, but 
 before they were well under way the mechanism of the 
 locomotive refused. to do its work, causing frequent stops 
 and at last when they had reached Ten Eyck's (Dear- 
 bornville), the boiler sprang a leak rendering its further 
 progress impossible until repaired. After some consid- 
 erable delay teams were procured and hitched to the cars 
 which were thus drawn into Detroit where they arrived 
 about midnight. One team balked on the way, and by the 
 hilarious passengers were voted Federalists, but their 
 
INTERNAL IMPROVEMENTS 409 
 
 place was soon supplied by another which proved more 
 reliable. 
 
 During the remainder of the winter, snow and ice seri- 
 ously impeded traffic, but it was nevertheless of such a 
 volume as to offer substantial encouragement to those 
 who had assumed the burden of the State 's policy. Oppo- 
 sition to the Board of Commissioners, however, seemed 
 to increase rather than to lose in force; petitions and 
 remonstrances, questioning not only their judgment and 
 discretion but their integritj^ as well, continued to be 
 presented, as did likemse numerously signed representa- 
 tions in support of their actions and decisions. These 
 matters ultimately became the subject of legislative 
 investigation and inquiry; which, however, brought few 
 tangible results aside from^ intensifying public feeling 
 and an order from the legislature, that the route of the 
 Southern road be so curved as to touch Dundee, and that 
 a new survey be run from Centerville to Niles. 
 
 At the regular session of the Legislature the law gov- 
 erning the Board of Commissioners of Internal Improve- 
 ment was amended' so as to provide further safeguards 
 to the funds, while appropriations were of a character 
 to indicate a determination to renew the improvement 
 campaign during the next summer with unabated zeal. 
 Appropriations of $350,000 were given to both the South- 
 ern and the Central roads, $60,000 to the Northern road, 
 $250,00 for the Clinton and Kalamazoo Canal, $45,000 
 for the Saginaw Canal and $25,000 additional to the 
 amount already appropriated, making $50,000 in all, for 
 the St. Mary's Canal; $30,000 for the improvement of 
 the Grand and Maple Rivers, and $8,000 for the Kala- 
 mazoo. All moneys appropriated for the Clinton and 
 
410 STEVENS T. MASON 
 
 Kalamazoo Canal and for the Central and Southern 
 Railroads, it was stipulated should be expended upon 
 their eastern sections. 
 
 The Governor, to avoid the contest and recrimination 
 which he evidently feared would| follow, delayed the 
 nomination of members of the Board of Commissioners 
 of Internal Improvement until near the close of the ses- 
 sion. As the year before the House and Senate had 
 received the nominations in joint session, so now, April 
 2, 1838, the Governor sent a message informing the two 
 Houses that he was ready to submit nominations to them 
 in joint assembly. To this the Senate replied that it 
 would act upon the nominations as a separate body. 
 Apprehensive that the action of the Senate was designed 
 to retain members no longer desired, or to force the 
 appointment of gentlemen not in all respects agreeable to 
 the administration, there was at once assembled at 
 ''Eepublican committee rooms" in Detroit, a very rep- 
 resentative gathering of citizens from various parts of 
 the State which diverse missions had brought to the 
 metropolis. The meeting was soon regularly organized 
 and after what evidently was a very plain discussion of 
 affairs, a committee was appointed to draft resolutions 
 expressive of the sense of the meeting. The resolutions 
 were prefaced with a preamble expressive of ''undimin- 
 ished confidence in His Excellency, Governor Mason, his 
 purity of character and his intention to administer the 
 Government of this State Avith a strict regard to its pros- 
 perity and the happiness of its people," and closed mth 
 the declaration that, ** whether right or wrong," the pol- 
 icy pursued by the Board of Commissioners had been 
 
INTERNAL IMPROVEMENTS 411 
 
 such as to create a ''want of confidence" in the very- 
 system of internal improvements itself. 
 
 The meeting viewed the action of the Senate "svith 
 ''astonishment and alarm," and resolved, "that with 
 a view to harmonize all difference of opinion, and to put 
 an end to an intriguing policy, we respectfully recom- 
 mend to His Excellency, Governor Mason, regarding the 
 various perplexing and harassing petitions, memorials 
 and remonstrances presented to him respecting the con- 
 duct of the present Board of Commissioners, the pro- 
 priety of nominating an entire new Board to consist of 
 the most pure, consistent and efficient members of the 
 Democratic party whom he can select;" the resolutions 
 further urging, "that if any of the old Board were re- 
 tained, they be of the least exceptionable character," 
 From this meeting a committee of thirty gentlemen was 
 selected from various parts of the State to wait upon the 
 Governor at eight o 'clock the same evening with a copy of 
 the resolutions adopted and to accompany them mth such 
 verbal explanations as it should deem necessary. 
 
 The result of this interview does not appear, but on 
 the morning of April 4, Governor Mason sent to each 
 House of the Legislature in separate session the names 
 of Lansing B. Mizner of Wa^nie; Levi S. Humphrey of 
 Monroe; James B. Hunt of Oakland; William A. Burt 
 of Macomb; Edwin H. Lathrop of Kalamazoo; Hiram 
 Alden of Branch ; and Eix Eobinson of Kent as members 
 of the Board of Cgmmissioners of Internal Improve- 
 ment. All were promptly confirmed, except the nomina- 
 tion of Hiram Alden, which was rejected, and a communi- 
 oation was sent to the Governor requesting that he send 
 
412 STEVENS T. MASON 
 
 another nomination. The Governor replied that he had 
 no other nominations to submit ; which at once drew from 
 the House, and especially from the Whig members, a 
 flood or oratory and a resolution of censure which was 
 laid upon the table by only a vote of 16 to 15. The vote 
 on the rejection of the nomination of Hiram Alden was 
 the next day reconsidered and confirmed by a substantial 
 majority. 
 
 The Legislature adjourned upon the 6th of April, and 
 for a time the public mind was engrossed with the increas- 
 ing stringency in financial affairs of the country in gen- 
 eral and which, through *'\\41d cat" banks, could be said 
 to bear upon Michigan in particular. With difficulties 
 on the Board of Commissioners momentarily quieted, 
 that branch of the service seemed for a time destined 
 to fulfill public expectations. The citizens of Monroe, 
 overjoyed at the appropriation that had been made for 
 the Southern road, served a sumptuous dinner at which 
 the Governor was the honored guest ; and with the activ- 
 ities of returning spring, the Central road began busi- 
 ness of a character that seemed to augur great things 
 for the future. Two trains a day were running between 
 Detroit and Ypsilanti, and on May 19, 1838, the Journal 
 and Courier voiced its pleasure by saying, "It is gratify- 
 ing to know that the freight and travel on this State road 
 are increasing rapidly. The average receipts for several 
 days ;^ast have been upwards of three hundred dollars 
 per d>y'. On Monday they were $326, on Tuesday $431, 
 on Wednesday $310 and on Thursday $372." A report 
 of the 18th of July disclosed that for the week ending 
 July 17, the thirty miles of road showed earnings of 
 $2,957.52. 
 
INTERNAL IMPROVEMENTS 413 
 
 Contracts for the construction of the work upon the 
 Clinton and Kalamazoo Canal from Mt. Clemens to 
 Utica were let; and Mt. Clemens, not to be outdone by 
 more pretentious places, proceeded to fittingly celebrate 
 the inauguration of the important event. On July 20, 
 the day set for the commencement of work, the people 
 gathered from far and near to witness the breaking of 
 the ground. Colonel James L. Conger of Belvidere as 
 president of the day, lead the procession to the Canal 
 right-of-way accompanied by Governor Mason, Judge 
 Wilkins and United States Marshal Ten Eyck. Here a 
 barrow was provided and with appropriate dignity Col- 
 onel Conger presented a spade to Governor Mason, who 
 while a cannon boomed from a neighboring knoll, and 
 while the people cheered and a "buckskin" band dis- 
 coursed martial airs, stripped his coat and proceeded to 
 fill the barrow with soil, which was wheeled away by 
 Colonel Conger and dumped upon the embankment. The 
 procession reformed and marched back to Mt. Clemens 
 where a dinner was served beneath an arbor which had 
 to be covered with canvas on account gf the showers 
 which continued to mar the day. Here the addresses 
 of the day were delivered. The principal one, as would 
 be expected, was delivered by the Governor, and the 
 tenor of his remarks was in keeping with the occasion; 
 although the presence of the now venerable Judge Chris- 
 tian Clemens by his side did not fail to induce reminis- 
 cences of the days of 1831, when in need of friends and 
 supporters he had gone to Mt. Clemens and in the person 
 of Judge Clemens had found one who had said, **Do 
 your duty, boy, and we will stand by you. ' ' 
 
 From this time forward during the season work was 
 
414 STEVENS T. MASON 
 
 pushed forward with as much vigor as might have been 
 expected in view of the disturbed financial condition of 
 the State and Nation. In July contracts were let upon 
 the Northern road for the clearing of the right-of-way 
 from Port Huron to Lyons; for grading upon a four 
 mile section from Flint westward, and upon a ten mile 
 section from Lyons eastward, and a considerable force 
 of men was soon employed in prosecuting the work. 
 Upon the Southern road construction was pushed for- 
 ward so that by autumn the superstructure was approach- 
 ing completion to Leroy, a settlement in Palmyra Town- 
 ship some thirty miles to the westwiard of Monroe, while 
 the right-of-way was being cleared as far west as Hills- 
 dale. The Commissioner in charge of the Central road 
 had placed it under contract as far as Jackson; but the 
 work of actual construction showed little progress, owing 
 as it was claimed by the contractor to sickness which had 
 incapacitated his laborers. Indeed a form of malarial 
 sickness was general over the State in the summer of 
 1838 and greatly retarded operations upon all the State 
 works. Improvements on the lower portions of the 
 Grand and Kalamazoo Rivers were likewise carried 
 forward, and a company of some fifty laborers were for 
 a time employed upon the Saginaw Canal, to which point 
 approximately $5,000 worth of provisions had been for- 
 warded from Detroit by the State for the support of 
 the laborers, to be deducted from the contractors' esti- 
 mates as earned. As the appropriation for the Sault 
 Ste. Marie Canal was made with the proviso that it was 
 not to be available in case an appropriation for the pur- 
 pose could be obtained from Congress at the then present 
 session, no contracts were let upon the work until Sep- 
 
INTERNAL IMPROVEMENTS 415 
 
 tember 7; at which time it appeared that the General 
 Government was to render no assistance, and the Com- 
 missioner in charge let the work upon the upper level 
 of the Canal to Messrs. Smith and Driggs, a firm of con- 
 tractors of the city of Buffalo, who at once began prepa- 
 rations for active operations in the coming spring. 
 
 At the ensuing legislative session the Board of Com- 
 missioners, or certain members of it at least, did not 
 escape the general denunciation which now seemed to 
 flow from the continuing financial depression of the 
 country and the partisan rancor which increased rather 
 than lessened in intensity. As an independent policy, 
 aside from the inherent defects in the policy itself, there 
 was nothing in the progress of the works or in their 
 prospective utility, the standards of the day considered, 
 that warranted bitter criticism and censure. The real 
 trouble and defect seemed not to have yet been discov- 
 ered. No one made complaint of the policy as such. 
 No one yet seemed to see that to satisfy ' ' all the people ' ' 
 the State had undertaken projects for which there was 
 no economic need and that by so doing it had divided its 
 energies and resources so that insufficient remained for 
 the energetic prosecution of any project. The fac- 
 tion of disaffection could see fault only in the individuals 
 charged with responsibility. 
 
 The Governor's message was highly congratulatory 
 on the progress that had been made. It disclosed that 
 up to that time there had been expended by the Depart- 
 ment of Internal Improvement the sum of $888,301.03, 
 of which $572,789.69 had been expended upon the Cen- 
 tral; $216,825.70 upon the Southern; $20,998.69 upon the 
 Northern; $34,098.84 upon the Clinton and Kalamazoo 
 
416 STEVENS T. MASON 
 
 Canal ; $17,203.99 upon the Saginaw ; $1,946.75 upon the 
 Sault Ste. Marie, and $24,139.64 upon the different 
 so-called navigable streams. With special felicity did 
 the Governor call attention to the fact that from the 3rd 
 of February 1838 to the 18th of December following, the 
 earning on the twenty-eight miles of the Central road 
 had been $81,604.54, a sum which exceeded the cost of 
 operation by $37,283.74. ''When it is borne in mind," 
 said he, ''that the receipts as above stated, have accrued 
 on only twenty-eight miles of the road, it is fair to con- 
 clude, that in progress of time, when the entire work 
 is completed, the resources of the State developed and 
 the enterprise of our increasing population actively 
 employed, it will yield a return of income beyond our 
 most sanguine expectations. ' ' But mth a growing sense 
 of caution the Governor added, "But this flattering exhi- 
 bition must not lead us to forget the caution and economy 
 with which our expenditures should be made. We have 
 adopted a system of internal improvements, which will 
 for its success demand the exercise of our most rigid 
 economy." The necessity for this economy he pro- 
 ceeded to show, by enlarging upon the works undertaken 
 and in progress, the estimates for the construction of 
 which, he feared, would fall far short of their actual 
 cost. He concluded the subject by abjuring the Legis- 
 lature to "examine rigidly the expenditures of the Com- 
 missioners. ' ' Said he, ' ' Let no complaint pass unheeded. 
 Direct your committee to investigate fully the proceed- 
 ings of the present and previous boards of commission- 
 ers, that it may be distinctly known to the people of 
 Michigan, if there has been any profligate expenditures 
 or improper use of the public moneys. ' ' 
 
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INTERNAL IMPROVEMENTS 417 
 
 On January 16, 1839, the Commissioners filed with the 
 Legislature their annual report which disclosed no facts 
 of interest not heretofore mentioned, but it formed the 
 basis for the appointment in the House a few days later 
 of a conmiittee of five members to investigate the doings 
 of the past and present Commissioners of Internal Im- 
 provement. For some reason the speaker in appoint- 
 ing this committee deviated from the general rule in the 
 appointment of committees in political bodies, and gave 
 to the Whig minority of the House the majority thereon. 
 The committee prosecuted its investigations until April 6, 
 when it presented to the House a report in which only 
 the Whig members of the committee joined. The work 
 of the committee had been made sensational in charac- 
 ter and the report was no less so. One finds difficulty 
 in ascertaining the true condition from the report. 
 Some matters set forth would, unexplained, seem of a 
 questionable character, but they are so combined with 
 charges that are clearly of a bitter partisan character 
 that it is difficult to separate the one from the other. 
 The report criticized Colonel M'Kinstry to some extent, 
 but was principally devoted to Commissioners James B. 
 Hunt and Levi S. Humphrey, who were specifically 
 charged with misdoings of a grave and serious nature. 
 General Humphrey was directly charged with being a 
 defaulter to the State in the sum of nearly $20,000. The 
 report at once drew replies from both the gentlemen 
 accused, denying the allegations brought against them, 
 and a counter statement from another committee show- 
 ing that, so far as the charges against General Hum- 
 phrey were concerned, they resulted from an error made 
 by the investigating committee itself. Both James B. 
 
418 STEVENS T. MASON 
 
 Hunt and Levi S. Humphrey survived by many years 
 the days of the State 's efforts for internal improvements, 
 and perhaps the strongest refutation of the charges that 
 were at this time brought against them is to be found in 
 the high esteem in which both were thereafter held and 
 the responsible positions to wliich they were thereafter 
 called in the business and political affairs of the country. 
 The agitation however w^as not without results. Towards 
 the end of the session there began to be evidences of a 
 growing conviction that there were defects in the policy 
 as well as cause for criticism of the officials charged 
 with the duty of administering the laws. On April 11 
 Senator Kercheval introduced and sought ineffectually 
 to have passed a resolution authorizing negotiations 
 looking to a reduction of the State loan from five million 
 to three million dollars, coupled with a declaration to 
 the effect that all appropriations should be limited to 
 those Avorks w^hich would be likely to produce income 
 approximating the interest upon the money they would 
 cost. The Legislature was not yet ready to make the 
 confession such a resolution implied; but the increasing 
 financial embarrassment of the people made retrench- 
 ment imperative, and so, without subscribing to the for- 
 mal declaration, it reduced the appropriations to $100,- 
 000 each for the Central and Southern roads; $40,000 
 for the Northern road ; $60,000 for the Clinton and Kala- 
 mazoo Canal; and $25,000 each for the St. Joseph River 
 and for a canal around the rapids on the Grand. This 
 was about one-third the amount of the appropriation 
 the year previous. 
 
 To further decrease expenditures, the Board of Com- 
 missioners of Internal Improvement was reduced from 
 
INTERNAL IMPROVEMENTS 419 
 
 seven to three members, to which positions the Governor 
 nominated and the Legislature confirmed Rix Robinson 
 of Kent, Levis S. Humphrey of Monroe and William R. 
 Thompson of Washtenaw. During the following sum- 
 mer despondency was a chronic business condition 
 throughout the country and the works upon which Mich- 
 igan had embarked with so much enthusiasm two years 
 before were now prosecuted with a languishing zeal. 
 Even had the faith of the people been still full and 
 strong, the treasury was mthout funds to meet in full 
 the reduced appropriations. In May the Commissioners, 
 persuant to a resolution of the Legislature, advanced 
 the sum of $5,000 to the contractors upon the Sault Ste. 
 Marie Canal, who ^\dth a force of workmen repaired to 
 the north to begin operations. In the meantime the War 
 Department at Washington had been informed by an 
 officer at Fort Brady of the work about to be projected 
 by the State, and further advised that the Canal if con- 
 structed would interfere with certain improvements at 
 the jDlace that had been made by the United States Gov- 
 ernment, among which was a mill race through which 
 water was conveyed for the operation for a sawmill. The 
 War Department forwarded instructions to the post com- 
 mander to apprise the contractor that in the execution 
 of his contract he would not be allowed in any way to 
 interfere with the raceway, although the Government 
 would make no objection to the construction of the work 
 through the military reservation or grounds, provided it 
 did not seriously injure the Government interests. The 
 contractor at once upon arrival was informed of the 
 instructions from the War Department, and although 
 there seems to have been abundant room where the con- 
 
420 STEVENS T. MASON 
 
 tractor might have prosecuted his work pending notice 
 to the State authorities and settlement of the difficulty, 
 which was later adjusted, he proceeded on the morning 
 of May 13 with about fifty laborers to the very point in 
 dispute, seemingly to force the issue. Little or nothing 
 had been accomplished by the contractor and his men 
 when Captain Johnson of Fort Brady with thirty regu- 
 lars armed with muskets appeared upon the scene and 
 ordered a discontinuance of operations. As no attention 
 was paid to the order, the regulars acting under com- 
 mand of their officer proceeded to forcibly remove the 
 foreman and his men. This action terminated work 
 under the contract and no doubt delayed the construc- 
 tion of the Canal for many years. It has been usual to 
 charge this failure to the unwarranted and illegal inter- 
 ference of the National Government. Governor Mason 
 and Governor Woodbridge later gave the matter 
 extended consideration, and even Hon. James V. Camp- 
 bell has characterized the action of the military as '*a 
 very gross outrage. ' ' And indeed the failure of the War 
 Department to call the matter to the attention of the 
 State authorities before marching an armed body of men 
 to forcibly drive the laborers from a work of State con- 
 cern comes very close to Judge Campbell's characteriza- 
 tion ; but there are other facts, it would seem, that should 
 absolve the War Department from the whole responsi- 
 bility. By August 9, 1839, an agreement was reached 
 by the State and by the War Department that permitted 
 the continuance of work upon the canal. The Board of 
 Commissioners thereupon ordered the contractors to pro- 
 ceed under their contract. The fact that they refused to 
 comply lends color to the intimation in the report of 
 
INTERNAL IMPROVEMENTS 421 
 
 Tracy McCracken, the engineer, that the contractors, 
 having been advanced $5,000 by the State, were fur- 
 nished a strong inducement to begin work at the one 
 point where they were sure to be stopped, thereby fur- 
 nishing the basis for an almost undisputable claim for 
 damages in being kept from the performance of their 
 contract by circumstances not under their control. When 
 the end of the season came, the sum total of the advance 
 upon the State works could be summarized as a few miles 
 of grade and one hundred and ten miles cleared and 
 grubbed on the Northern road ; the Southern road under 
 contract from Monroe to Hillsdale and completed as far 
 as Adrian; the Central under contract to Jackson, with 
 cars running daily to Ann Arbor, to which point the line 
 was opened October 17, 1839. The opening of the line 
 to this point was an event that was celebrated by the 
 Brady Guards and some eight hundred citizens of Detroit 
 in conjunction with the citizens of Ann Arbor. The 
 Clinton and Kalamazoo Canal was under contract from 
 Mt. Clemens to Rochester and partially completed; five 
 miles of the Saginaw Canal had been placed under con- 
 tract and one mile completed ; the Grand had been made 
 navigable to the rapids, and the Kalamazoo put in like 
 condition for boats of not over four feet draught 
 from its mouth to Allegan; a large number of surveys 
 had been made, and the State had expended $1,510,315. 
 Looking back from the closing days of his administration 
 and reviemng his o\vn official recommendations in the 
 matter of internal improvements. Governor Mason could 
 say: ''The result of the legislation upon these execu- 
 tive recommendations was, after months of warfare 
 between conflicting local interests, a conference between 
 
422 STEVENS T. MASON 
 
 the two Houses of the Legislature, resulting in the unan- 
 imous adoption of the present system of internal im- 
 provements. No party action was brought to bear upon 
 the subject, and the error if error there is was the emana- 
 tion of that false spirit of the age which forced States 
 as well as individuals to over-action and extended pro- 
 jects. If Michigan has overtaxed her energies and 
 resources, she stands not alone, but has fallen into that 
 fatal policy which has involved in almost unparalleled 
 embarrassment so many of her sister States." 
 
 Thus truthfully did the Boy Governor of Michigan 
 diagnose the causes that had contributed to the failure 
 of a cherished policy and thus manfully did he share 
 the burden of the responsibility for the error, which, 
 as he said, had emanated from a false spirit of the age. 
 
CHAPTER XX 
 
 Internal Improvements and the Five Million Dollar 
 
 Loan 
 
 TNTIMATELY connected with tlie State's scheme of 
 -^ internal improvements, and perhaps more disas- 
 trous to Governor Mason's political reputation than any 
 other connected with his administration were the inci- 
 dents connected with the negotiation of the five million 
 dollar loan authorized by the Legislature in March, 1837. 
 From the very first Governor Mason undertook Avith 
 hesitancy the duties imposed by this Act, for he realized 
 better than anyone else the great responsibility incident 
 to such an undertaking and his o^vn lack of knowledge 
 and experience requisite to its proper discharge. Had 
 he foreseen the added difficulties of the task that were 
 to be imposed by the financial stress under which the 
 country was to labor, it is quite probable that he would 
 have refused to assume the duties that were so foreign 
 to his office, but these things were as imperfectly fore- 
 seen by the Governor as by the great body of the people. 
 Upon the opening of navigation in the spring of 1837, 
 Governor Mason repaired to New York to take up the 
 negotiation of the loan. Inasmuch as a loan for $100,000 
 authorized by the Legislature of 1835,^ for the current 
 expenses of the State government had been successfully 
 negotiated by Mr. John Delafield, a prominent banker of 
 New York who was then acting as the agent of the State 
 
 1. Passed Nov. 14, 1835. 
 
424 STEVENS T. MASON 
 
 for the payment of the interest on the loan, Governor 
 Mason quite naturally sought the assistance of Mr. Dela- 
 field in the negotiation of this larger responsibility. 
 After some time spent among the capitalists of New 
 York, the Governor returned to Michigan satisfied that 
 it would be exceedingly difficult if not impossible to effect 
 a sale of the State bonds under the then disturbed finan- 
 cial conditions of the country; but before returning he 
 delegated to Mr. Delafield a general agency to correspond 
 with capitalists both in this country and in Europe look- 
 ing to the placing of the loan. The summer passed with- 
 out the attainment of the desired end, and as political 
 capital was being made out of the failure or delay, Gov- 
 ernor Mason in September again repaired to New York 
 to give his personal attention to the matter. He now 
 learned from Mr. Delafield that, notmthstanding the 
 most persistent effort upon his part, no portion of the 
 loan had been placed, and that in his opinion under the 
 then present financial conditions it could not be nego- 
 tiated unless the interest on the bonds was increased to 
 six per cent and both interest and principal made pay- 
 able in Europe. The Governor was assured that, could 
 these changes be made, Mr. James King of the highly 
 respectable brokerage firm of Prime, "Ward and King, 
 who was about visiting Europe would take charge of 
 the loan and give personal attention to its negotiation, 
 and that there would be little or no question as to a 
 successful termination. Indeed, so sanguine was Mr. 
 Delafield that the bonds would find sale in London, that 
 he offered, in the event of the law being changed to con- 
 form to his suggestion as to interest and place of pay- 
 
FIVE MILLION DOLLAB LOAN 425 
 
 ment, to advance to the State $150,000 in anticipation of 
 the amount realized upon the sale. 
 
 Highly elated, the Governor returned to Michigan, and 
 in the excitement of the campaign, then raging, his report 
 of the prospects of a successful issue was treated as 
 equivalent to a consummation. Almost immediately on 
 the reassembling of the Legislature in the adjourned ses- 
 sion of November 9, 1837, a bill was introduced and 
 promptly passed which received approval on the 15th, 
 amending the act authorizing the five million dollar loan 
 so that the interest might be six instead of five and one- 
 half per cent, and providing payment in Europe as well 
 as in the United States should the Governor find it 
 advantageous to so contract. The amendatory act fur- 
 there provided that, in case of the placing of the loan or 
 any part of it in Europe, all benefit to be derived from 
 difference of exchange should inure to the benefit of 
 the State, that the bonds should be redeemable at the 
 rate of $4.44 for every pound sterling of Great Britain or 
 the guilder of Holland at the rate of forty cents each.^ 
 The Governor had determined that the bonds should not 
 be negotiated for any considerable amount in advance 
 of the need of the funds for the purposes of internal 
 improvements and, still believing that there would now 
 be little difficulty in selling the bonds as the work pro- 
 gressed, he caused bonds to the amount of $1,500,000 to 
 be prepared and executed in conformity to the amended 
 statute. Bonds to the amount of $500,000 were soon sold 
 to Mr. Oliver Newberry, the veteran steamship builder 
 of Detroit, at a premium of six per cent, while $1,000,000 
 
 2. Act No. 1, Public Acts of 18.38. 
 
426 STEVENS T. MASON " ^ 
 
 of the bonds were placed in the hands of Mr. Delafield.^ 
 Of the latter bonds $300,000 par value were turned over 
 to Messrs. Prime, Ward and King, and by them con- 
 signed to Baring Bros. Co., London, where together with 
 certified copies of the law under which they were issued 
 they were received in December.* About the same time, 
 in keeping with the understanding with Mr. Delafield and 
 to relieve the exchange between Detroit and New York, 
 drafts were drawn against him for the sum of $150,000. 
 Contrary to the expectations of the Governor, Mr. Dela- 
 field met this draft not by an advance, but by a draft in 
 like amount upon the Baring Bros. Co. of London. 
 
 On February 12 the Legislature, reflecting the public 
 interest in the loan, by resolution requested information 
 from the Governor as to the state of the negotiations,^ 
 which the Governor supplied a few days later through a 
 communication which exhibits the degree of assurance 
 which he felt for the successful outcome of the transac- 
 tion. Mentioning the fact that he had attempted to pro- 
 cure but $1,500,000, as sufficient for immediate needs, he 
 said: ''This sum, however, may be certainly calculated 
 upon, and the legislature can safely appropriate to that 
 amount. If the Legislature of the present session should 
 require it, I am confident the whole loan or any additional 
 portion of it may readily be negotiated." Again on April 
 6th he communicated to the Legislature the informa- 
 tion that, he was advised, in the course of sixty days he 
 would be able to draw from three to four hundred thou- 
 sand dollars against the balance of the million of bonds 
 
 3. House Journal, 1838, p." 188. 
 
 4. Mich. Hist. Colls., VII, p.l45. 
 
 5. House Journal, 1838, pp. 165-188. 
 
FIVE MILLION DOLLAR LOAN 427 
 
 then in the hands of Messrs. Prime, Ward and King.* 
 Notwithstanding the optimistic reports that the Gover- 
 nor was receiving and from time to time transmitting 
 to the Legislature, he was unable to free himself from 
 a feeling of distrust of his o\vn ability for so exceptional 
 a service. A man in the high position of executive of a 
 State can hardly refuse to assume the duties that the 
 Legislature may see fit to impose upon him, even when 
 they are of a nature foreign to the office; and for that 
 reason the desires of the executive in that regard are 
 quite generally respected, although in this instance they 
 did not seem to avail. As the Governor has been made 
 to bear the responsibility for all the failures attending 
 the subsequent negotiations of the loan, it is perhaps 
 just that his efforts to escape the imposing of the respon- 
 sibility should be given. On March 22 the Governor sent 
 to the Senate a message devoted to the subject, in which 
 he said: 
 
 ''I am constrained by a sense of public dutj^ to call the 
 attention of the Legislature to the importance of provid- 
 ing some proper agency for the management of the State 
 loans already authorized or hereafter to be authorized 
 by the State. At present the exclusive and unrestricted 
 negotiation and management of loans as well as the sale 
 of all exchange derived from that source is left to the 
 discretion of the Governor of the State. This is wrong 
 in principle as it gives to the control of one individual 
 milKons of the public money Avithout any corresponding 
 check or responsibility. But in addition to this objec- 
 tion on the ground of principle, it will readily occur to 
 you that the public interests demand that this important 
 
 6. Ibid. pp. 472-473. 
 
428 STEVENS T. MASON 
 
 branch of our State policy, the management of its 
 finances, should receive the undivided attention of a dis- 
 tinct department organized for that purpose. It is im- 
 possible for the executive to bestow that attention to 
 the subject which its importance demands, without the 
 neglect of other imperious duties. But whilst as an 
 officer of the State, I am willing to discharge any duty 
 imposed upon me by the public, I feel that it is due to 
 myself that I should not incur the heavy responsibility 
 of controlling the loans of the State when they can receive 
 but a limited portion of my time and service. I would 
 therefore earnestly recommend the creation of a Board 
 of Loan Commissioners, the members to be chosen by the 
 Legislature, to whom the negotiation and management 
 of all loans shall be entrusted.^ 
 
 A bill to provide for such a commission passed the 
 House and with some amendments passed the Senate, 
 but was lost through House and Senate failing to agree ; 
 thus the Governor was forced to assume a responsibility 
 not within the purview of his official duties and from 
 which he had respectfully requested of the Legislature 
 that he might be relieved. To add to the difficulties of 
 the situation, no sooner had the Legislature adjourned 
 than the Governor received advice that the negotiations 
 which had promised the sale of a million bonds in London 
 had been terminated by the Baring Bros. Co. discover- 
 ing that there were certain ambiguities in the amended 
 statute authorizing the loan. Their view of the law was, 
 that while it was positive as to the payment of interest 
 in Europe, the payment of the principal in Europe was 
 to be inferred only by implication; they likemse pro- 
 
 7. Senate Journal, 1838, p. 275. 
 
FIVE MILLION DOLLAR LOAN 420 
 
 fessed to believe that the law in fixing the pound sterling 
 at $4.44 had fixed the rate of exchange, so that while a 
 premium of ten per cent would yield Michigan $4.88 per 
 pound sterling, still the State would only be required to 
 repay at the rate of $4.44. In vain the Governor wrote 
 them that the valuation of $4.44 upon the pound sterling 
 had nothing whatever to do with the rate of exchange, 
 but was only intended to stipulate the par value in Amer- 
 ican money of the pound sterling, the State still being 
 chargeable with the exchange incident to the transmis- 
 sion of funds. In vain likewise were several other 
 efforts to satisfy the cautious London bankers. It was 
 finally found necessary to bring back the $300,000 of 
 bonds and remit $150,000 to Baring Bros. Co., London, 
 to cover the draft that had been made upon them for 
 the advance in prospect of sale.* While efforts con- 
 tinued for some months to interest the Rothschilds and 
 others, they were to no purpose. The ambitious projects 
 of internal improvement in many of the States were 
 flooding the money centers of Europe with securities, at 
 which, under the disturbed financial conditions of the 
 country, financiers looked with anything but eager inter- 
 est. Of the bonds taken by Oliver Newberry, a portion 
 were placed upon the London market where they sold for 
 ninety-five and some as low as ninety-three cents on the 
 dollar. It was soon evident that he would be unable to 
 fulfill his contract. Indeed he was later compelled to 
 seek the cancellation of his contract and return $300,000 
 of the $500,000 which his contract embraced. 
 
 The Legislature adjourned, on the 6th of April, with 
 appropriations for the purposes of internal improve- 
 
 8. Houee Docs. 1838, No. 44. 
 
430 STEVENS T. MASON 
 
 ments payable from the proceeds of the loan of more 
 than $1,000,000,® while provision had been made for a 
 bond issue of $100,000 for the aid of the Allegan and 
 Marshall Railroad Company^" and a like issue for the 
 Ypsilanti and Tecumseh Railroad Company/^ Contracts 
 had been let upon the various projects and contractors 
 were busily engaged in the collection of materials and 
 forces necessary for the work, while as yet there had 
 been realized upon bonds actually sold the sum of $161,- 
 000.^^ Another factor in the situation, as has been before 
 stated, was to be found in the chaotic /3ondition of the cur- 
 rency and pervading sense of financial disaster that soon 
 possessed everyone from the banker to the settler in the 
 new-made clearing. Everyone had his pockets filled with 
 the bills of the "wild cat" banks which were of varying 
 degrees of badness; specie was in the hands of the 
 favored few, so that in the hands of the people generally 
 there were hardly any funds that would discharge obli- 
 gations in the East. Among the farmers, the merchants, 
 and in financial and commercial circles there was a gen- 
 eral desire that the loan be negotiated as speedily as 
 possible and that the proceeds be allowed to flow out to 
 public relief through the channel of internal improve- 
 ments or from institutions where for the time being it 
 might be upon deposit. At the same time the situation 
 was rendered more and more difficult by the spirit of par- 
 tisan politics which infested it, and which impelled Dem- 
 ocrats to yield to expediency and Whigs to charge every 
 
 9. Puhlic Acts, 1838, pp. 154-190. 
 
 10. lUd, 252. 
 
 11. lUd., 259. 
 
 12. House Docs., 1838, No. 44, p. 18. 
 
FIVE MILLION DOLLAR LOAN 431 
 
 show of hesitancy and conservatism to inefficiency and 
 failure. 
 
 That many of these considerations had influence with 
 the governor we may well presume; but the fact that 
 the appropriations of the Legislature had been already 
 made and contracts let which would subject the State 
 to heavy claims for damages if it was unable to perform 
 together with the fact that if the loan was not negotiated 
 it meant the disorganization of the whole system of inter- 
 nal improvements which had been deliberately adopted 
 and well nigh universally approved, was the decisive 
 consideration with him. In the late days of April the 
 Governor, apprehensive from long delays that the 
 European negotiations were to be fruitless, again 
 repaired to New York in order if possible to bring mat- 
 ters in connection with the loan to a successful termina- 
 tion. Quite naturally again, the Governor took up nego- 
 tiations with Edward R. Biddle, one of that eminent 
 family of which Major John Biddle of Detroit who had 
 been the opposing candidate against Governor Mason 
 in his first election, and Nicholas Biddle of both the Bank 
 of the United States and the later United States Bank 
 of Pennsylvania were also members. On May 8 a tenta- 
 tive contract was entered into between the Governor and 
 Mr. Edward R. Biddle, who represented himself and cer- 
 tain claimed capitalists of Philadelphia, for the entire 
 loan at par. The sum of $80,000 was paid at the time 
 of the execution of the contract, and the Governor was 
 hopeful that the matter was disposed of ; but after some 
 two weeks of waiting it was found necessary to surrender 
 the contract in consequence of the inability of the con- 
 tracting parties to meet the stipulated payments. Gov- 
 
482 STEVENS T. MASON 
 
 ernor Mason was now brought into negotiations with 
 the Morris Canal and Banking Company, a corporation 
 organized under the laws of New Jersey with banking 
 office in the city of New York of which Edward R. Biddle 
 was president. To add piquancy to the story, the Morris 
 Canal and Banking Company has been sometimes com- 
 pared to the ''wild cat" banks with which the people of 
 Michigan were sadly familiar, but no such comparison is 
 warranted by the facts." The Morris Canal and Banking 
 Company had been incorporated in 1824 to construct a 
 canal between the Passaic and Delaware Rivers which 
 was extended later to the Hudson River at Jersey City. 
 This canal which was said to have cost the company 
 $4,000,000^* was at the time practically completed. In 
 addition to it the company was the owaeT of many other 
 valuable properties consisting of wharves, docks, farm- 
 ing and mineral lands. ^^ As was common with many other 
 corporations of this character in that day, it was author- 
 ized to do a banking business in connection with its 
 transportation activities, its additional capital stock for 
 banking purposes being limited to $1,000,000. Three 
 years before this time the stock of this company had sold 
 at a premium of fifty cents upon the dollar ;^® its circula- 
 tion was practically at par ;" men of the highest charac- 
 ter were upon its board of directors, among whom might 
 be mentioned Washington Irving, of literary fame ; Sam- 
 uel L. Southard, twice Secretary of the Navy; Isaac H. 
 Williamson, for twelve years Governor of New Jersey; 
 
 13. Michigan as Province, Territory and State, III, p. 134. 
 
 14. House Docs., 1841, No. 18, p. 6. 
 
 15. Ihid, p. 10. 
 
 16. Encyc. Americana, XVI, "Wall Street." 
 
 17. Bicknell's Bank Note List, June 1, 1837. 
 
FIVE MILLION DOLLAR LOAN 433 
 
 and Garrett D. Wall, a United States Senator from the 
 same State; while associated with these men were such 
 men as Edmn Lord, John Moss, James B. Morrey, Henry- 
 Yates and many others representing the first rank of 
 professional, mercantile and banking circles of New 
 York and Philadelphia. Its financial operations had been 
 of an extensive character, it being then entrusted with 
 the negotiation of the internal improvement loan of the 
 State of Indiana. 
 
 The negotiations between Governor Mason and the 
 Morris Canal and Banking Company finally resulted in 
 a contract between the parties under date of June 1, 
 1838. By the terms of this contract the company was 
 to become the agent of the State for the sale of the 
 whole issue. The principal and interest was made pay- 
 able in New York, to which city the company was to 
 guarantee the safe delivery of all funds derived from the 
 sale of bonds in Europe or elsewhere. It likewise became 
 the guarantor to the State that it should receive the par 
 value of the aggregate amount of the bonds sold; that 
 is, if in the sale of the bonds it was obliged to dispose 
 of them at a less price than par, it was to make up to 
 the State the deficiency between the price received and 
 the par value. The sum of $1,300,000 of bonds was 
 to be delivered to the company upon the execution of 
 the contract, and it was in turn to pay $250,000 in cash 
 to the State and $1,050,000 was to be subject to its order. 
 The remainder was to be paid in quarterly installments 
 of $250,000 each, beginning with the first day of July 
 1839 and to continue until the whole sum was paid, and 
 that whether the company had sold the bonds or not. The 
 bonds were to be delivered to the company as the install- 
 
434 STEVENS T. MASON 
 
 ments became due, so that it would have in hand a million 
 dollars of bonds in advance of actual payment, the com- 
 pany to have the right to take all the bonds and pay 
 over the remainder of the five million dollars at any time 
 upon a thirty day written notice to the Governor. In 
 the event of sales at more than par the contracting parties 
 were to divide equally all premiums up to five per cent, 
 the company to take in addition all in excess of five per 
 cent. For the execution of the contract, which was made 
 irrevocable, the company was to receive a commission of 
 two and a half per cent on the proceeds of sales, which 
 was to be in lieu of all other expenses.^^ 
 
 It will be observed that by the terms of the contract 
 $1,050,000 was immediately made subject to the State's 
 order, in addition to the $250,000 dollars of present pay- 
 ment. On June 4 a so-called supplementary agreement 
 was made between the contracting parties.^'' It pro- 
 vided that the company, having passed to the credit oi" 
 the Governor on the Michigan loan the sum of $1,300,000, 
 the Governor was to accept in payment of that sum the 
 bills of the Morris Canal and Banking Company and dis- 
 burse them so far as the exigencies of the State might 
 allow. These bills were to be received, $250,000 dollars 
 on August 1 next ensuing, $100,000 on September 1, and 
 $100,000 on the first of each month thereafter. This has 
 been generally treated by the Governor's critics as an 
 unlawful modification of the original contract which 
 involved a material interest loss to the State ;^° in fair- 
 
 is. House Docs., 1839, No. 44, p. 7. 
 
 19. lUd, p. 11. 
 
 20. House Docs., 1841, No. 18, p. 61 ; Mich, as Prov. Terr, and State, 
 
 III, 185. 
 
FIVE MILLION DOLLAR LOAN 435 
 
 ness to the Governor it should be said that it was his 
 contention that it was not a modification or departure 
 from the original contract, but was in fact a part of the 
 original terms of sale, embraced in a separate memoran- 
 dmn because it related to the first payments which were 
 to be made upon the amount passed to the credit of the 
 State as fast as they could be prepared and issued." 
 Unquestionably this contract violated the spirit even 
 though it kept within the letter of the law. It had been 
 clearly specified that the sale should be for at least par, 
 while a commission of two and one-half per cent was in 
 effect a sale at ninety-seven and a half cents, although 
 the Governor hoped and no doubt was given encourage- 
 ment to believe that the bonds would be sold so that the 
 State's share of the premiums would make up this defi- 
 ciency. The justification for a sale at this figure 
 and upon these conditions was, of course, the exigencies 
 of the situation arising from the peculiar circumstances 
 in which the State was placed and the then distressed 
 condition of the money market, the details of which the 
 Govenor subsequently submitted to the Legislature. 
 
 On the 8th of June Governor Mason being about to 
 start for Michigan, bills of the Morris Canal and Banking 
 Company to the amount of $110,397.70, the same being 
 $10,397.70 of a balance due on the first payment of $250,- 
 000 and $100,000 as the August installment, were brought 
 over from the company's banking-house at Jersey City 
 to the branch in New York City. Theodore Romeyn 
 of Detroit having been in the city during the Governor's 
 negotiations with the company, although not under 
 
 21. Mason Romeyn pamphlets (Burton Historical Colls.) 
 
436 STEVENS T. MASON 
 
 employment, had nevertheless interested himself in the 
 business, to the extent of giving the Governor his friendly 
 counsel and advice. Now that the bills of the bank were 
 ready for transfer, Mr. Romeyn at the request of the 
 Governor procured for him a small trunk for the pur- 
 pose; and the trunk and its contents were the occasion 
 of a mystery that supplied gossip for a generation, it 
 is correspondingly proper that the facts surrounding the 
 mystery be fully stated. 
 
 The money as it was being prepared for shipment was 
 not counted by the Governor but was several times 
 counted by the bank clerks, who stamped each bill 
 upon the back in red as a protection against robbery on 
 the journey to Detroit. The bills were then done into 
 packages, with the amount of each package marked upon 
 the band of the paper around it ; and the various packages 
 were then placed within the trunk, which was then 
 locked and the key delivered to the Governor who con- 
 veyed it to the Astor House where it was put in charge 
 of the bookkeeper during the evening meal. Mr. Romeyn, 
 having signified his intention to remain in his room for 
 the evening, at the request of the Governor consented to 
 take charge of the trunk until the Governor, who was 
 going out, should return. Returning about midnight the 
 Governor found the 'trunk safe in Mr. Romeyn 's posses- 
 sion it was then opened and several articles of Mr. 
 Romeyn placed therein, after which it was removed to 
 the room of the Governor where several more articles 
 were included and the trunk locked. Its subsequent 
 journey is illustrative of travel in the olden days, and 
 may well be given in the language of the Governor him- 
 
FIVE MILLION DOLLAR LOAN 437 
 
 self, as detailed to a subsequent legislative committee of 
 investigation.^^ 
 
 * ' On the next morning after receiving the trunk, I left 
 New York in the six o 'clock boat ; the trunk was not out 
 of my sight more than ten minutes, and then under the 
 lock of my room until it was placed on board the Albany 
 boat; when on the boat, I requested Mr. Eomeyn to 
 have it placed in the captain's office, having attached 
 his name to the trunk. My reason for identifying the 
 trunk with Mr. Romejm, as well as my reason for request- 
 ing him to purchase it, was, that as it was generally 
 kno^^Ti I was negotiating a loan in New York, I might 
 be followed for the purpose of stealing it on the road 
 home. At Albany the trunk was kept in my room, and 
 when I was out I had the key of my room in my pos- 
 session. T was in Albany one evening, between that 
 place and Utica, when it was under the lock of the bag- 
 gage car. From Utica to Syracuse it was in front of 
 the stage under the driver's seat. We left Utica about 4 
 o'clock in the afternoon and reached Syracuse at about 
 one or two o'clock in the morning. At Syracuse it was 
 not out of my keeping. From Syracuse to Oswego it 
 was on the deck of the canal boat for about half a day. 
 At Oswego for one afternoon it was under lock in my 
 room. From Oswego to Niagara it was in the office of 
 the captain of the boat for one night. From Niagara 
 to Buffalo it was on the top of the railroad car and I 
 rode on the outside in the night with it. At Buffalo it 
 remained in my room under lock. On Lake Erie it was 
 placed in the captain's office and delivered to me at 
 
 22. House Docs., 1839, No. 44, p, 27. 
 
438 STEVENS T. MASON 
 
 Detroit. When I arrived home I took from the trunk 
 the articles belonging to Mr. Romeyn and myself and 
 delivered it to the treasurer. At no time on the journey 
 was the trunk opened by me, nor could I at any time 
 observe that the overcoat on the top had been moved. 
 On opening the trunk at home, everything seemed to 
 me as I had placed them. The package of ten thousand 
 and three hundred and ninety-seven dollars was on top, 
 as I had placed it, and was immediately delivered to the 
 treasurer as part of the cash payment, counted by him 
 and found to be correct." 
 
 The trunk and its contents were then deposited in the 
 vault of the Michigan State Bank. Here a few days later 
 the $100,000 of the August installment w^as counted and 
 then the discovery was made that from the packages of 
 fives, tens, and twenties, bills had been extracted to the 
 amount of $4,630. The bills were all replaced and a com- 
 munication of the theft at once sent to the Morris Canal 
 and Banking Company. On the same day that the com- 
 pany received the governor's letter apprising it of the 
 loss of the money, it received through the New York 
 postoffice a package which enclosed all the abstracted 
 bills save fifty dollars, the same being returned as mys- 
 teriously as it had been taken. The company subse- 
 quently remitted the bills returned and the Governor 
 paid the fifty dollars so that the theft resulted in no 
 loss to the State. The incident soon became known and 
 for many weeks furnished the newspapers and the gen- 
 eral public with a topic of conversation. Suspicions and 
 speculations were rife and many an apocrj^hal tale in 
 explanation of the various phases of the mystery became 
 current, to be repeated in the recollections of the occa- 
 
FIVE MILLION DOLLAR LOAN 439 
 
 sional pioneer after the lapse of half a century. The 
 Governor entertained suspicions as to who abstracted 
 the bills, but to the committee of investigation of the 
 succeeding Legislature he refused to express them, say- 
 ing, "I am unwilling to express my opinions or suspi- 
 cions where no positive testimony exists." 
 
 The whole subject of the loan now presented an added 
 question for political agitation. The opposition press 
 was loudly clamorous that all the details of the negotia- 
 tions be given to the people; growing sarcastic and 
 vituperative when the Governor remained silent or said 
 he would report his doings to the Legislature when it 
 iShould convene. 
 
 The Governor, made apprehensive for the safe deliv- 
 ery of the subsequent installments by his experience in 
 guarding the first remittance from New York to Detroit 
 and the theft of a large sum notwithstanding his vigil- 
 ance, after counseling with his friends dispatched John 
 Norton Jr., cashier of the Michigan State Bank and fiscal 
 agent of the Legislature, to New York to effect a change 
 in the method of remitting the various installments as 
 they should fall due. The Morris Canal and Banking 
 Company considered that it was a valuable advantage 
 to have its bills placed in circulation, but on July 14 a 
 contract was entered into betAveen the company and Mr. 
 Norton whereby it was agreed that Mr. Norton should 
 draw bills from Detroit upon the company payable at 
 an average of not less than ninety days after the install- 
 ments severally became due and payable. This contract 
 was subsequently the occasion of much comment. It 
 was claimed that it entailed a considerable loss to the 
 State, although it was the assertion of the Governor that 
 
440 STEVENS T. MASON 
 
 ''the installments and every draft was credited to the 
 State at par on the very day each became due. ' ' Under 
 this arrangement the various installments were remitted, 
 giving to the Detroit banks the benefit of eastern 
 exchange and eliminating the hazard incident to the ship- 
 ment of the currency. It is evident from the Governor's 
 correspondence that he had full confidence that the Morris 
 Canal and Banking Company, in the discharge of its 
 agency, would seek in every way to promote the interests 
 of the State. He had faith that it would dispose of the 
 bonds as was necessary to meet the various installments 
 and that by such sales it would be able to realize suf- 
 ficient premium to repay the two and one-half per cent 
 commission and thus make the bonds net par to the State. 
 The Governor seemed not to consider that the company 
 would be principally desirous of making such disposi- 
 tion of its trust as would enable it to claim the two and 
 one-half per cent, or $125,000 commission in the shortest 
 possible time, and that too with a disregard of the inter- 
 ests of the State, and yet this was the situation he was 
 soon called upon to face. 
 
 On the 10th of November, Edward R. Biddle of the 
 Morris Canal and Banking Company communicated to 
 the Governor a gloomy prospect for Michigan securities, 
 together with the information that it was now possible 
 for the company to pass the whole amount of the loan 
 to. the credit of the State at par — less, of course, the 
 two and one-half per cent commission — provided there 
 was an immediate delivery of the residue of the bonds, 
 the obligation of the Bank of the United States in Penn- 
 sylvania to be taken for three fourths and the Morris 
 Canal and Banking Company for one-fourth of the aggre- 
 
FIVE MILLION DOLLAR LOAN 441 
 
 gate amount of the bonds and for the payment upon 
 the several installments when by the original contract 
 ihey should become due. The Governor's reply to this 
 communication shows his keen disappointment. **It is 
 with regret," said he, '*I perceive that the state of the 
 European market is such as to render the sale of Mich- 
 igan bonds a matter of hazard and doubt. My expecta- 
 tion under the contract with you institution was, to 
 realize at least par for the stock, and it is with extreme 
 disappointment that I have jDresented to me the prob- 
 ability of losing the two and one-half per cent commis- 
 sion which covers your charges. I still cling to the hope 
 that an immediate sale may not be imperatively neces- 
 sary." And then, evidently more because he was unde- 
 cided as to the proper course to pursue than because 
 he mshed to shirk responsibility, he added, ''But as 
 the negotiation of this loan has been a most thankless 
 and perplexing undertaking on my part, I feel unwilling 
 to advise you in the premises." 
 
 The company required no further intimation or advice 
 to clearly see its duty to the State. Almost the return 
 mail brought intelligence that the sale had been consum- 
 mated; the Governor being, at the same time, felicitated 
 upon the advantageous deal that had been closed, while 
 he was solemnly assured that "no small inducement for 
 closing the sale" was that they thereby brought to the 
 aid of the State all the security that could b^ derived 
 from the capital of the Bank of the United States and 
 the benefit that would accrue to it in its future financial 
 transactions, — the aid which in fact did come to the State 
 was confined almost wholly to the lessons of loss and 
 disaster that resulted from the association. 
 
442 STEVENS T. MASON * - -. 
 
 The Legislature assembled on January 8, 1839, and 
 the Governor's message, as he had promised, went fully 
 into the details of the loan and the various transactions 
 incident to it. While the message seeks to justify the 
 various transactions incident to the business, one reads 
 in it a vein of disappointment and regret that he was 
 unable to report a more satisfactory result from his 
 efforts; but, knowing the rectitude of his own purposes 
 and the fidelity with which he had striven to perform 
 the duty intrusted to him, he asked of the Legislature 
 the appointment of a committee to investigate ''all such 
 matters as present an unfavorable aspect" to any por- 
 tion of the legislative body ; demanding for his own con- 
 duct the most rigid inquiry. In accordance with this 
 recommendation a joint committee was appointed, con- 
 sisting of seven from the House and seven from the 
 Senate. In the main the gentlemen selected were the 
 stronger members of their respective bodies. The House 
 members were comprised of five Whigs and two Demo- 
 crats, while the Senate membership was made up of four 
 Democrats and three Whigs. The Governor's political 
 opponents were thus given a free hand in the investiga- 
 tion, with Daniel S. Bacon, the late Whig candidate for 
 Lieutenant Governor as chairman of the joint commit- 
 tee, and William Woodbridge and James Wright Gordon, 
 who a year later became respectively Governor and Lieu- 
 tenant Governor on the Whig ticket, among the members. 
 On April 10 Hon. Daniel S. Bacon presented the report 
 of the committee. It was an eminently fair and temper- 
 ate statement of all the facts connected with the loan 
 and its negotiation. The law providing for the loan had 
 said that it should be negotiated for at least par. The 
 
FIVE MILLION DOLLAR LOAN 443 
 
 committee very properly said, '*Your committee does 
 not enquire if the compensation stipulated to be paid 
 to the Morris Canal and Banking Company was exorbi- 
 tant, nor whether a sale of the bonds could have been 
 made on more advantageous terms ; they refer to the act 
 of the Legislature as their only rule of action. ' ' On the 
 question of the substitution of drafts for the notes of the 
 Morris Canal and Banking Company they were likewise 
 correct in reporting that they could not "discover the 
 necessity or authority for such action." In relation to 
 the abstraction of the bills the committee reported that it 
 had called many witnesses and accumulated a large mass 
 of testimony but that there was nothing in it "which 
 would tend to identify the person guilty of the foul trans- 
 action before a judicial tribunal. It sleeps in the bosom 
 of him who perpetrated the crime. It is due to Gov. 
 Mason and to the public to say, that no imputation what- 
 ever rests upon him." 
 
 Theodore Romeyn was called as a witness before the 
 committee, and in view of subsequent charges that grew 
 out of the transaction, two statements of Mr. Romeyn 
 became material. One was that he had read the Gov- 
 ernor's statement of the transaction and that it was 
 true; and the second was, "I have never directly or indi- 
 rectly drawn any money from the State for my own pur- 
 poses neither have I received from Governor Mason any 
 accommodation or advances." This last statement has 
 especial significance when read in connection mth state- 
 ments from the same gentleman made a little more than 
 a year later when the exigencies of politics seemed to 
 demand that the Governor be ruthlessly assailed and his 
 reputation blackened. 
 
444 STEVENS T. MASON 
 
 With the full facts before the public, there were few 
 who did not understand that the requirements of the 
 law authorizing the loan had been exceeded ; but the feel- 
 ing was also quite as general that the terms obtained 
 were perhaps as favorable as could have been expected 
 under the circumstances. Not all members of the Legis- 
 lature coincided with the various steps that had been 
 taken in the matter, but no one wished to assume the 
 responsibility of rejecting what had been attempted or 
 suggesting means of improvement so, by silence and 
 inaction, they gave assent to what had been done. 
 
 As the subsequent incidents in connection with the 
 five million dollar loan followed the political revolution 
 which turned the state and the administration of its 
 affairs to Whig control, they may be better left to be told 
 in connection with that event. 
 
CHAPTER XXI 
 
 The Foueth Leqislatuee 
 
 TN the four preceding chapters extended notice has 
 -*■ been given to the incidents of the Canadian Rebellion, 
 the State banks, internal improvements and the five mil- 
 lion dollar loan, because they were all matters of far- 
 reaching importance and in the relation of their incidents 
 could be best told with continuity of detail; but it must 
 not be inferred that at the time they absorbed public 
 attention to the exclusion of all other matters of social 
 and political interest. Even as "Patriot" bands were 
 being dispersed and "wild cat" banks were collapsing, 
 Whigs and Democrats were lining up their forces for 
 the spring election, preparatory for the legislative and 
 congressional campaign of the following November. The 
 Detroit election for the spring of 1838 was looked for- 
 ward to with more than usual interest, and there is some 
 reason to believe that its near approach may in some 
 measure have tempered the severity with which under 
 other circumstances the neutrality of the United States 
 might have been maintained by the citizens of Michigan 
 at Detroit. 
 
 At the previous State election the Whigs had charged 
 the Governor with having sought to influence a voter 
 at the preceding congressional election by the payment 
 of a dollar; they had extolled political virtue and con- 
 demned corruption with most vigorous rhetoric. That 
 their standards in this regard were subject to some varia- 
 
44G STEVENS T. MASON 
 
 tions is evidenced by the following notice which appeared 
 in the Advertiser of March 30, 1838 : 
 
 ''To the Poor — The Whigs mil distribute one hundred 
 dollars in bread and pork among the city poor to-morrow 
 evening. Due notice of the hour and place will be given 
 in the morning paper." 
 
 The Whigs had timed their philanthropy for the Satur- 
 day preceding the city election, leaving the Democrats 
 to appeal through the less satisfying means of glare and 
 tinsel on the election day. The scenes that were enacted 
 at the distribution of provisions can not be better 
 described than in the language of Silas Beebe, an eye 
 witness, who entered in his diary the following interest- 
 ing notes : 
 
 ''April 2nd. — Election day for charter officers of the 
 city of Detroit, and such a fuss, a rumpus, and a rioting 
 I never witnessed in a State election. The hand bills, 
 flags, processions, and a band of music, mth a marshal 
 mounted on a richly caparisoned horse with gilt trap- 
 pings, were only equaled the Saturday before by the 
 opposite party (Whigs) getting up a farce of distribut- 
 ing to the poor, evidently for political effect and elec- 
 tioneering purposes. It is difficult to describe the scene 
 to one who never wittnessed it. Fish, pork and bread 
 were the only articles handed out by the committee to 
 the 'hungry' applicants as they presented themselves on 
 all sides of the stand. Many of them were Canadian 
 women and children who had come across the river on 
 the invitation, and some were well fed farmers who lived 
 out of the city; but they were chiefly French and Irish 
 who would crowd up again and again, get their baskets 
 filled, go and empty them and hurry back for more. 
 
THE FOURTH LEGISLATURE 447 
 
 Most of the Whigs were sufficiently disgusted before the 
 farce was ended. I left before the election waxed hottest, 
 but learned that there was fighting, broken heads and 
 bloody noses and that the Whigs were the successful 
 party. ' ' 
 
 This result was the occasion of considerable Whig ela- 
 tion and corresponding chagrin in the Democratic camp. 
 As the summer advanced events seemed to bring increas- 
 ing encouragement to the Whigs, who were promptly out 
 with a call for the meeting of their congressional con- 
 vention and let no opportunity pass that served to de- 
 nounce their political adversaries or to stimulate the 
 enthusiasm of their partisans. The Democratic-Republic- 
 ans on the contrary, with the approach of the campaign 
 began to show certain evidences of incipient disorganiza- 
 tion. The financial disorders of the country in general 
 and of the State in particular, were placing the domi- 
 nant party upon the defensive; immigration that short 
 time before had been almost phenomenal had now almost 
 ceased, and such as had become established upon the 
 new farms had not yet been able through productive 
 labor to maintain the prosperity in the community which 
 it first felt from the expenditure of the money they 
 brought with them from Eastern homes. As heretofore 
 detailed the five million dollar loan was proving most 
 difficult to negotiate and the grand scheme of internal 
 improvements from which great results had been 
 expected, was for the same reason moving with lagard 
 steps. All of these elements were contributing to the 
 feeling of reaction which while not yet pronounced was 
 none the less apparent. To add to these factors of dis- 
 organization in the body of the party there began to be a 
 
448 STEVENS T. MASON 
 
 lack of harmony among the leaders of the party as well. 
 From the beginning Senator Lyon had found that he was 
 not in full accord with his colleague, Senator Norvell, nor 
 with the member of Congress, Mr. Crary, — they being 
 generally united in opposition to him. This lack of accord 
 related to appointments rather than to public questions 
 and while not a matter of press comment, as time passed 
 became known to an ever widening circle of friends who 
 likewise became partisans in the strife. This division 
 was not so much because of loyalty to any one of the 
 gentlemen at Washington as because of the attainment 
 or defeat of individual ambitions ; for with many a man 
 that statesman is the most sagacious and profound who 
 is most influential in providing a place for the particular 
 admirer in the public service. 
 
 The Whig Convention assembled at Ann Arbor on the 
 5th day of September 1838. It was a representative 
 gathering from the several counties of the State. Dis- 
 tance was no deterring factor at this time, and it was 
 one of the noteworthy incidents of the Convention that 
 *'one old veteran walked in over sixty miles to carry the 
 wishes of his fellow citizens." The preliminary organ- 
 ization and the preparation and adoption of resolu- 
 tions consumed the greater part of the time of the 
 Convention for the nomination was made upon the 
 first roll call. Hezekiah G. Wells of Kalamazoo, 
 the defeated candidate of the year before was nomi- 
 nated, receivng 131 votes out of a total of 164 cast. 
 The remainder of the vote was divided between James 
 L. Conger, William Draper, Edward L. Fuller, Daniel 
 S. Bacon, Norman Little, Jacob M. Howard and John 
 Renmck. Many of these men subsequently developed 
 
THE FOURTH LEGISLATURE 449 
 
 more than ordinary influence in both their party and the 
 State at large. 
 
 The resolutions, from the committee of which Jacob 
 M. Howard was chairman, were more denunciatory than 
 constructive in tone. The sub-treasury scheme was de- 
 nounced as designed to ''give gold to the office holder 
 and rags to the people;" the Senators were condemned 
 for having helped to build up ''executive power;" while 
 Isaac E. Crary was said to have proved himself "the 
 pliant tool of power and the betrayer of his country's 
 best interests," and was further characterized as "not 
 possessed of the ability or honesty requisite to form an 
 enlightened statesman or distinguished legislator." The 
 loss of the Toledo strip again formed the basis for much 
 rhetorical flourish, that event being charged to "the 
 feebleness of our State administration, pardonable only 
 on the ground of juvenile indiscretion. The five million 
 dollar loan together with the theft of the $4,500, was 
 set forth as showing the incapacity of the Governor, and 
 an article in the Detroit Free Press of the year previous, 
 to the effect that the loan had been negotiated, was made 
 the basis of a declaration that the Governor had "con- 
 nived" at the publication. The resolutions made this 
 charge the basis for a demand that the Legislature inves- 
 tigate the Governor's "deception." 
 
 The Democratic-Republican Convention assembled at 
 Ann Arbor the following Tuesday, September 11. It was 
 likewise well attended ; but its proceedings evidenced that 
 the delegates were in quite a different frame of mind 
 from that of the delegates who formed the Convention of 
 the week previous. That there was the possibility of a 
 
450 STEVENS T. MASON 
 
 lack of harmonious action on the part of the Convention 
 was a thing whispered among the faithful for weeks 
 before it in fact convened. The result was a large attend- 
 ance of gentlemen of official station who were present not 
 as delegates but as friends anxious that the machinery 
 of organization be subjected to no strain and that it 
 receive no jolts or jars that might loosen their hold upon 
 its levers. The temporary and permanent organization 
 of the Convention was effected without show of hostility 
 from any quarter; but the first ballot for candidate 
 brought forward the names of twelve gentlemen for the 
 nomination. Kinsley S. Bingham headed the list with 
 35 votes, Isaac E. Crary followed with 24 votes, Thomas 
 Fitzgerald 18, Alpheus Felch 14, Henry Smith 12 and 
 Warner Wing 9. Thirty more votes were cast either 
 as blanks or divided among the half-dozen remaining 
 candidates. At this juncture an adjournment was taken 
 until the following day, and during the interval the Crary 
 partisans used their persuasive powers to such good 
 advantage that upon the fourth ballot that gentleman was 
 accorded a nomination by a few more than a majority 
 vote, with Warner Wing a close and somewhat disap- 
 pointed second. The resolutions adopted were as com- 
 mendatory as those of the Whigs had been denunciatory. 
 They expressed confidence in the National and State 
 administration, supported the sub-treasury scheme, com- 
 mended the passage of the pre-emption law; resolved 
 for the speedy completion of the works of internal im- 
 provement, for the organization of a State bank and 
 closed with a plea for vigorous and harmonious action. 
 The resolutions as originally reported contained a brief 
 and seemingly guarded references to the administration 
 
THE FOURTH LEGISLATURE 451 
 
 and as to the State bank project; amendments to both 
 subjects in strong and forceful language were offered 
 and adopted by almost unanimous vote, but the few votes 
 recorded in opposition were evidence of a certain defec- 
 tion that was destined to increase rather than diminish. 
 The Young Men's Democratic Association assembled in 
 convention at Ann Arbor on September 19, and sought 
 through contact and resolutions to aid the cause. A 
 series of "Union Clubs" were organized throughout the 
 State to give support to the Democratic candidate which 
 brought from the Whigs unmeasured condemnation as 
 "offshoots of Tammany." Legislative and county tick- 
 ets were soon in the field and for two months press and 
 public revelled in the vituperation and slander of an old- 
 time campaign. 
 
 For several days preceding the election, which occurred 
 upon the 5th and 6th of November, the papers published 
 formidable lists of party vigilance committees. These 
 committees in some instances numbered as many as sixty 
 to a voting precinct and indicate to the present-day 
 reader preparations sufficient to cope with riot and civil 
 war rather than aids as at lawful election. 
 
 The contest resulted in the re-election of Isaac E. 
 Crary as the member of Congress but by a majority of 
 204 as against a majority of more than a thousand the 
 year before. Both Houses of the Legislature were like- 
 wise of the Democratic-Republican majority, the Whigs 
 however having elected 6 of the 17 members of the State 
 Senate and 21 of the 50 members of the House of Repre- 
 sentatives. 
 
 There was one figure of State prominence whose pres- 
 ence had been lacking in the campaign and that was the 
 
452 STEVENS T. MASON 
 
 figure of the Governor himself. Shortly following the 
 convention of his party at Ann Arbor the Governor had 
 quietly taken his departure for the East, leaving affairs 
 of State to the care of Lieutenant Governor Mundy. If 
 the negotiation of the five million dollar loan had brought 
 a burden of perplexities and cares, the Governor could say 
 that it had brought to him a large measure of compensa- 
 tion. The Governor's mission had thrown him in con- 
 tact with many gentlemen in the financial circles of New 
 York. Among the number was Mr. Thaddeus Phelps, a 
 moderately wealthy leather merchant and financial oper- 
 ator of that city. As a guest at his home the Governor 
 met his charming daughter, Julia, and proceeded at once 
 to lose his heart. Whatever criticism could be visited 
 upon the Governor's financial negotiations none could be 
 offered for the zeal or ardor with which he pressed to 
 a successful issue the negotiations for the young lady's 
 hand. To the repository of all his secrets, his sister 
 Emily, he confessed his tender passion, and claimed for 
 the object of his affection the possession of all the charms 
 that were ever bestowed upon the daughters of Eve. ''In 
 sweetness of character and real worth," he wrote his 
 sister, "she surpasses every other woman I have ever 
 known." As early as the month of May the public had 
 been taken into the Governor's secret by a two or three 
 line newspaper item conveying the rum^ored information 
 the "the Governor was about to become a Benedict," 
 and so we may believe that when in the days of early 
 autumn the Governor took his departure for New York 
 to attend to matters of State concern there were those 
 who knew that his quest embraced more than stocks 
 
THE FOURTH LEGISLATURE 455 
 
 and bonds and that his interest would be in an affair 
 quite aside from statecraft and politics. 
 
 Governor Mason and Julia Elizabeth Phelps were 
 quite unostentatiously married at New York on Novem- 
 ber 1, 1838. With a reasonable allowance for a lover's 
 enthusiasm, we may well believe that Miss Julia in grace 
 of form and feature, in strength of character and tran- 
 quility of temper was all that her lover claimed for her. 
 The Governor at this time was but four days past his 
 twenty-seventh birthday and the bride almost seven years 
 his junior. For nearly one-third of his life Stevens T. 
 Mason had lived in the white glare of public scrutiny; 
 he had learned something of the insincerity of the praise 
 that sometimes follows success, and the injustice of the 
 blame that sometimes follows failure. He was to know 
 more of trial and care; more of the sting of ingratitude 
 and more of the hurt that follows slander than he had 
 ever known before ; but all were to be more easily borne 
 because of the loyalty and serene faith of the wife who 
 for a few short years was to share every trial as eagerly 
 as she shared each joy. 
 
 For a few weeks the Governor remained in New York, 
 during which time as the correspondence shows he was 
 busy with certain phases of the five million dollar loan 
 and other matters intrusted to his care. With the early 
 days of December the Governor and his bride began the 
 long and tedious journey through New York and Upper 
 Canada for Detroit where they arrived two weeks later. 
 Their arrival was signalized by a welcome that was both 
 gracious and unaffected, being a social event of much 
 interest in an especially brilliant season. 
 
454 STEVENS T. MASON 
 
 The fourth legislature of the State assembled at 
 Detroit on Monday, the 7th day of January, 18S9. On 
 the day following the House organized. By a strict party 
 vote Kinsley S. Bingham was re-elected speaker', the 
 Whig vote being cast for Daniel S. Bacon of Monroe. 
 By the same vote Elijah J. Roberts was chosen clerk. 
 As Mr. Roberts w^as a leader among the ''Patriots" it is 
 quite probable that his selection was not entirely dis- 
 associated from that fact, although he was a man of 
 talent and well fitted for the position. On the same day 
 the Senate effected its organizations. The two Houses 
 thereupon convened in joint session and the Governor 
 submitted his message. The opening paragraph of the 
 message evinced the Governor's determination not to 
 again be a candidate for the governorship. Aside from 
 reference to the reports from the various departments 
 of the State government, the greater portion of the mes- 
 sage was devoted to the consideration of the problems 
 presented by the banking situation, by the projects of 
 internal improvement and the five million dollar loan. 
 As in previous messages although at less length, the 
 Governor again emphasized his deep interest in the cause 
 of general education. He cautioned the careful hus- 
 bandry of the endowanent which the General Government 
 had bestowed upon the State for the purposes of educa- 
 tion, and the exercise of care in the amendment of the 
 school law until time had developed positive defects. 
 He voiced his enthusiasm for the work of the Geological 
 Survey, and with the vision of young years was pro- 
 phetic of the great development w^iich time has made a 
 reality. The Governor found in the practical working 
 of the judicial system, so far as it related to the Supreme 
 
THE FOURTH LEGISLATURE 455 
 
 and Circuit Courts, much to be desired. Said he, *'At the 
 organization of our State government the judicial power 
 was vested alone in one Supreme Court, the Judges of 
 which were to perform the duties of Circuit Judges. 
 That system exists at the present day; but from the 
 increase of business in the different counties and from 
 original defects, it is rendered inadequate to the accom- 
 plishment of the ends designed by its institution. One 
 objection to the present organization is, that as the 
 Judges of the Supreme Court are required to review 
 their owti decisions made as Presiding Judges of the Cir- 
 cuit Courts, the very natural and almost inevitable 
 result must be, that it tends to less the public confidence 
 in the administration of justice. The Judges of the court 
 of last resort, whose decisions in the law and in equity 
 are final upon matters of the greatest moment to indi- 
 viduals and the whole community, ought, so far as the 
 law is concerned, to be placed beyond the liability of all 
 suspicion or imputation. ' ' Wise as this observation was, 
 it was many years before the reform was made effective. 
 In connection with the reform of the judicial system, the. 
 message called attention to the administration of the 
 criminal law, which because of the inadequate compen- 
 sation paid prosecuting attorneys, he asserted had ''be- 
 come almost inoperative." This condition the Governor 
 suggested might be remedied by a law providing for 
 district prosecuting officers, who from the larger terri- 
 tory they might serve could be paid adequate compensa- 
 tion. 
 
 From the Territorial government the State had inher- 
 ited many statutes requiring fees and licenses to be paid 
 for the carrying on of certain lines of business. To the 
 
456 STEVENS T. MASON 
 
 whole system the Governor was opposed. Adverting to 
 the broad subject he said, "The only method of raising 
 the revenue of a republic should be by drawing them 
 openly and directly from the people. Then they know 
 and feel what their burdens are. It need not ever be 
 apprehended that they will not render freely what is 
 necessary for the support of the government, according 
 to a just and equal system of taxation. To suppose 
 the contrary is to contend that the people are incapable 
 of self government. With such views I am against all 
 restraints and impositions upon the ordinary pursuits of 
 the citizen. ' ' 
 
 The question of slavery, although foreign to any con- 
 trol by the Legislature, was yet a question agitating the 
 public mind and as such was given more than passing 
 notice. Like thousands of the public men of the day, 
 the Governor conceded that the institution of slavery 
 was ''pernicious" in its relation "to advancement and 
 permanent prosperity" of the communities in which it 
 existed; but he argued that it was an institution recog- 
 nized by the Federal Constitution, and urged that, but 
 for the recognition, a Federal Union could not have been 
 formed. With these views he characterized those of the 
 North who were agitating the question of abolition as 
 actuated "by misdirected philanthropy," which if suc- 
 cessful, he proceeded to say, "must not only subvert the 
 domestic institution of their southern neighbors but 
 endanger the union of the States as well." 
 
 In positive language the Governor deprecated the zeal 
 which had led a portion of the citizens of the State to 
 disregard the laws of the country and show contempt 
 
THE FOURTH LEGISLATURE 457 
 
 for national faith by joining in armed incursions against 
 the British territory adjacent to us. 
 
 As the Legislature of 1838 had authorized the Gover- 
 nor to consult some eminent jurist of the country as to 
 the State 's legal claim to the Toledo strip, the Governor 
 now laid before the Legislature an opinion which he had 
 procured from Chancellor James Kent and David B. 
 Ogden of New York. The opinion was of course against 
 the right of the State to review the question and marked 
 the last attempt of the State authorities in the matter. 
 
 This message has not escaped the criticism of later- 
 day writers, who think they find in it a degree of optim- 
 ism not warranted by the then existing conditions; but 
 by the average citizen of the time both in Michigan and 
 at Washington it was accorded high commendation. 
 
 The Legislature was soon at work upon a mass of 
 bills of general character and unworthy of special men- 
 tion. The new compilation of the laws of the State was 
 now in printed form as The Revised Statutes of 1838. 
 A more critical examination of the work disclosed that 
 it required many amendments to make it conform to what 
 the Legislature had intended and directed should be 
 included in it. Imprisonment for debt, which had been 
 so many times the subject of the Govei*nor's condemna- 
 tion was now abolished. As a state prison was now in 
 course of construction a law was enacted for the govern- 
 ment and discipline of its ofl&cers and inmates. It pro- 
 vided a set of regulations which insured humane treat- 
 ment of the prisoners, but made small provision for any 
 of the privileges and amenities now considered a part 
 of prison discipline. The financial stringency' had not 
 
458 STEVENS T. MASON 
 
 yet taken hope of immediate betterment from the people 
 and there were still many seeking charters for varied 
 and pretentious enterprises. Incorporation was granted 
 to the Genesee and Saginaw Navigation Company, whose 
 ambitious purpose was to connect the Flint and Cass 
 Rivers by a canal and thus provide the means of naviga- 
 tion between Flint and Saginaw. Samuel W. Dexter, 
 whose memory still continues as a sound, conservative 
 business man, headed a company that was given corpo- 
 rate powers to construct the Dexter Branch Canal, which 
 was to extend up the valley of the Huron and intersect 
 the Clinton and Kalamazoo Canal in the county of Liv- 
 ingston. Many charters were given to educational insti- 
 tutions. In view of the fact that three-quarters of a cen- 
 tury later the beet sugar industry became one of the lead- 
 ing industries of the State, there is more than passing 
 interest in an Act of this session wliich authorized a 
 loan of $5,000 to the White Pigeon Beet Sugar Company, 
 which was said to be the first institution of its kind in 
 the United States. 
 
 The punctilious attention which the legislative com- 
 mittees paid to the petitions and other matters, some- 
 times trivial, that were referred to them was quite at 
 variance with present-day legislative practice, when peti- 
 tions and bills are more often referred to committee for 
 burial than for attention. To a petition praying that no 
 trains be allowed to run upon the State roads upon Sun- 
 day, the committee responded, ''The moral sentiment 
 which it breathes is pure, and it is entitled to the unquali- 
 fied respect of the Legislature," although the Legisla- 
 ture found no way to comply with the request. Certain 
 citizens of Wayne County petitioned for authority to 
 
THE FOURTH LEGISLATURE 4B9 
 
 construct and operate a race track. This petition was 
 referred to the committee upon agriculture and received 
 the eminently practical reply that, "The universal em- 
 barrassment of the country calls for industry and not idle- 
 ness, for sobriety and not dissipation;" "and it seems," 
 continued the report, "much more desirable that the citi- 
 zens of Michigan should be engaged in running the plow, 
 than running horses for sport." Petitions signed by 
 1,354 citizens asking the prohibition of the sale of intoxi- 
 cating liquors were referred to the committee on State 
 affairs. This committee faced the issue in a lengthy 
 report wherein it accorded to the motives of the peti- 
 tioners its unqualified respect, but was none the less 
 firmly opposed to any legislation which might go to the 
 extent of prescribing "the length of our coats, the 
 fashion of our whiskers or the temper of our drinks. ' ' 
 
 The measure of greatest public and legislative interest 
 was as would be expected, the bill for the creation of 
 the State bank. This bill was before the Legislature 
 for many daj^s and was finally passed by a vote of 10 to 2 
 in the Senate and 40 to 6 in the House. Interest in this 
 measure was unquestionably much increased by the fact 
 that while it was under discussion, on the 25th of Febru- 
 ary, 1839, The Michigan State Bank, of Detroit, sus- 
 pended. This bank had been incorporated in 1835, and 
 its organization perfected with $200,000 capital. Its 
 cashier, Mr. John Norton Jr., had been constituted "Fis- 
 cal Agent" of the State and the bank became the deposi- 
 tory of the State funds which at the time of suspension 
 amounted to more than $500,000, — $350,000 being above 
 all offset claimed by the bank. It subsequently developed 
 that the Governor, in January, learning of the precarious 
 
460 STEVENS T. MASON 
 
 condition of the bank had obtained from its board of 
 directors a bond for $500,000 for the protection of the 
 State's deposit. The State was ultimately, as were all 
 other creditors, paid in full, but the jeopardy of so large 
 a sum was necessarily the occasion of much well-founded 
 apprehension while it furnished the theme for a consider- 
 able political agitation against the administration of 
 State affairs. 
 
 For the first few weeks of the session the Democratic- 
 Republican majority in both Houses proceeded without 
 any open rupture but was soon apparent that there was 
 anything but harmonious relations between certain of 
 the members. This became still more manifest as the 
 time approached for the election of United States Sen- 
 ator to succeed Hon. Lucius Lyon whose term of office 
 expired on the 4th of March 1839. Senator Lyon had 
 rendered service to his State that clearly entitled him to 
 a re-election; but in his official life he had been more 
 inclined to follow his convictions of what he believed to 
 be right than what he might have been persuaded was 
 politic, and moreover he was entirely lacking in the arts 
 of political intrigue. The result was that from the very 
 beginning there was danger that he would fall between 
 those who opposed him for his independence of character 
 on the one hand and those who were ambitious for his 
 place upon the other. The Hon. Warner Wing who, 
 upon failure to be nominated for the office of member 
 of Congress had been nominated and elected to the State 
 Senate, was among the latter. It was upon the 5th of 
 February that the two Houses proceeded to ballot for a 
 United States Senator. In the House the Whig minority 
 stood compactly for Augustus S. Porter of Detroit, while 
 
THE FOURTH LEGISLATURE 461 
 
 the majority was split among a half-dozen candidates. 
 In the Senate the vote disclosed even more candidates, 
 with Warner Wing heading the list with five votes to his 
 credit. For two days the balloting continued with vary- 
 ing but undecisive result. On the 8th after many fruit- 
 less ballots in which from 3 to 5 Democrats had voted 
 for Mr. John Biddle, the 12th ballot was taken and suf- 
 ficient Whigs joined with the Democrats to give Mr. 
 Biddle 26 votes to 18 for Warner Wing with 7 for as 
 many more candidates. Mr. Biddle thus stood as the 
 nominee of the House. The prospect of a Whig Senator 
 elected by a Democratic Legislature filled many Demo- 
 crats with chagrin and apprehension. That the warring 
 Democratic members might adjust their differences with 
 some semblance of privacy, a Democratic caucus was 
 called, and at this gathering Warner Wing was given 
 the majority indorsement. The Free Press, the party 
 organ, demanded that all Democrats abide by the party 
 caucus; pressure was applied from many sources, but 
 there was a number of Democrats who refused to be 
 bound by the caucus or to obey the dictates of party 
 leaders. Upon the 13th a ballot in the Senate gave War- 
 ner Wing a majority in the body, but not without the 
 assistance of three Whig votes. This action on the part 
 of the Senate brought forth a protest from three Demo- 
 cratic Senators, duly entered upon the journal of that 
 body, and, the day following, a published address to the 
 people of the State signed by 15 Democratic members 
 of the House and Senate setting forth their opposition 
 to the election of Mr. Wing as a member of the National 
 Senate. They based their opposition to the gentleman 
 upon the ground that being a member of the State Senate 
 
462 STEVENS T. MASON 
 
 he was ineligible under the State Constitution, that 
 instrument providing that no member of the Legislature 
 should be eligible to any civil appointment mthin the 
 gift of the Legislature of the State. The two Houses, 
 having made nominations, met in joint session on the 
 14th and proceeded to ballot for a candidate, but after 
 six ballots the joint convention was obliged to adjourn 
 as neither candidate was able to obtain a majority of 
 the joint body. On the 16th of April the Democrats of 
 the House, who were now somewhat chagrined at the 
 senatorial situation, were able to get together and by a 
 vote of 26 to 17 passed a resolution appointing Hon. 
 Alpheus Felch Senator in the Congress of the United 
 States to fill the vacancy occasioned by the expiration 
 of the term of Mr. Lyon. This resolution went to the 
 State Senate where it was promptly amended by a vote 
 of 8 to 7 substituting the name of Warner Wing for that 
 of Alpheus Felch. Upon the resolution being returned to 
 the House its further consideration was indefinitely post- 
 poned. This proceeding the party organ now heartily 
 conunended, agreeing that if Mr. Wing was to be elected 
 by Whigs he could not be trusted by Democrats. 
 
 While the senatorial contest was in progress, a bill 
 was passed the ostensible object of which was to allow 
 settlers who had located upon lands that were subse- 
 quently selected for State and University purposes to 
 purchase the same at the regulation price of $1.25 per 
 acre. There is a tradition well verified, to the effect 
 that the real purpose of the bill was to enable a combina- 
 tion of schemers to gain possession and ownersliip of 
 some of the most valuable lands in the State at a nom- 
 inal figure. The Governor, ever watchful of the educa- 
 
THE FOURTH LEGISLATURE 465 
 
 tional interests of the State, at once discovered the sus- 
 picious character of the measure and after an investi- 
 gation interposed a veto. His message fully justified 
 his action and unquestionably saved to the University 
 a large portion of its endo^vment as well as other lands 
 that were dedicated to the State for certain specified 
 uses. 
 
 The report of John D. Pierce as Superintendent of 
 Public Instruction had again shown him to be* a most 
 efficient officer, imbued with the highest ideals and 
 endowed with the clearest of mental vision. To the joint 
 convention of House and Senate assembled to elect a 
 Superintendent of Public Instruction the Governor again 
 sent the name of John D. Pierce and the Convention did 
 him the honor of a well-nigh unanimous vote for re-elec- 
 tion. Peter Morey, whose nomination had been rejected 
 by the Senate a year before had nevertheless been kept 
 in office and had rendered good service; his nomination 
 was now sent to the Senate and after a time was con- 
 firmed. The new compilation of the laws had made pro- 
 vision for a fourth judicial circuit, and to the judge- 
 ship the Governor nominated and the Senate confirmed 
 Charles W. Whipple. The Senate had seemingly shown 
 a disposition to reject a large number of the Governor's 
 appointments Avithout apparently good reason, confirma- 
 tion being refused in a number of instances to notaries 
 public, masters in chancery, auctioneers and many other 
 minor offices which under the Constitution of 1835 were 
 filled by appointment of the Governor. It may have been 
 because of this temper of the Senate that John Schwarz, 
 who was serving as Adjutant General and Robert Abbott, 
 the Auditor General, who desired to retire from office, 
 
464 STEVENS T. MASON 
 
 held the same until after the adjournment of the Legis- 
 lature and then resigned, giving the Governor the oppor- 
 tunity to fill the vacancy. On the 16th of April the Gov- 
 ernor appointed Isaac S. Rowland, Captain of the Brady 
 Guards, to the office of Adjutant General. April 27 
 Peter Desnoyers of Detroit was made State Treasurer, 
 and four days later the late State Treasurer Henry How- 
 ard was made Auditor General. The selection of Peter 
 Desnoyers as Treasurer was a highly commendable one 
 as he had demonstrated his fitness and capacity in many 
 positions of trust and honor and had the confidence of 
 all the elements of the Detroit population whose servant 
 he had been. 
 
 The Legislature adjourned Saturday, April 20, having 
 by several days exceeded the length of any previous ses- 
 sion. Some people, and among them the editor of a 
 denominational paper called The Michigan Observer were 
 much scandalized by the fact that upon the last night 
 of the session the members indulged themselves in hilar- 
 ity unbecoming statesmen and actually prolonged their 
 session, while waiting for the enrollment of bills, into the 
 early hours of the Sabbath morning. Much legislation 
 of a minor but at the same time desirable character 
 had been enacted, but the length of the session, the lack 
 of harmonious action and more than all the failure to 
 choose a United States Senator increased rather than 
 weakened the spirit of disaffection already well devel- 
 oped in the majority party. 
 
CHAPTER XXII 
 
 The State Passes to Whig Control 
 
 n^HE Legislature of 1839 had hardly become a reminis- 
 -*■ cence when the political forces of the State began 
 maneuvering for the third gubernatorial campaign. The 
 financial troubles of the country increased rather than 
 lessened. The people looked to the General Government 
 for relief through the enactment of laws, and were far 
 from satisfied with the statement that the period of dis- 
 aster which they were passing was the inevitable result 
 of the period of speculation, over-confidence and over- 
 trading that had preceded it. The conditions that were 
 to result in the defeat of Van Buren and the election 
 of Harrison to the Presidency were being felt to the 
 remotest corner of the Nation and were being effectively 
 urged against the men and policies of the majority party 
 everywhere. 
 
 The Whig press of Michigan was not slow in discover- 
 ing the weak places in the opposition armor; ''wild cat" 
 banks, the five million dollar loan, and the general admin- 
 istration of State affairs was now made to bear all the 
 burden of the ''hard times" and other disturbances that 
 were national in character. The Loco Foco was depicted 
 as a partisan whose only zeal was for the destruction 
 of his country and the ruin of his State. The Democratic 
 press replied with invective, retold the story of the Whig 
 party's Federalistic parentage and aristocratic sympa- 
 thies, and laid the country's ills to the machinations of 
 
466 STEVENS T. MASON 
 
 the Whigs through the United States Bank, asserting 
 that through the power of wealth they had designed to 
 destroy what they could not rule. The position of the 
 parties made Democrats the defendants, and in politics 
 the cause of a defendant is seldom popular even when 
 the defense is complete. 
 
 James Wright Gordon of Marshall had been a popular 
 Whig member of the last succeeding State Senate, and 
 no doubt was the controlling influence with his party 
 organization in the selection of his home town as the 
 meeting place of the Wliig State Convention, although 
 the town itself was attracting much attention because 
 of its then rapid growth and bright prospects. What- 
 ever the considerations were, the pioneer Whig politi- 
 cians demonstrated their loyalty by traveling one hun- 
 dred and ten strong, to the distant village to participate 
 in their Convention which assembled on the 28tli day 
 of August, 1839. The first ballot of the Convention for 
 the nominee for Governor showed 51 votes for William 
 Woodbridge of Detroit, with 59 votes distributed between 
 Augustus S. Porter, Zina Pitcher and John Biddle. 
 Woodbridge had the united support of the delegates from 
 the northern and western portions of the State, and, 
 after the third ballot, was declared the unanimous choice 
 of the Convention. One ballot was all that was required 
 for the selection of James Wright Gordon as the candi- 
 date for Lieutenant Governor. George C. Bates, Thomas 
 J. Drake and Daniel S. Bacon were selected as delegates 
 to the Whig National Convention which had already been 
 called to meet at Harrisburg, Pa., for the following De- 
 cember 4. The resolutions put the English language to 
 ^he test in conveying their disapprobation of opposing 
 
THE STATE PASSES TO WHIG CONTROL 467 
 
 men and measures : '* We abominate the sub-treasury sys- 
 tem in all its details, ' ' was the unique phraseology of one 
 resolution, while another resolution proclaimed that the 
 effort to establish this institution was an attempt to 
 ''rivet the chains of despotism upon the American peo- 
 ple," which, it was further declared, ''cannot and must 
 not be tolerated." The State administration was de- 
 nounced in the most vigorous style, and most caustic 
 exception was taken to the assumption of the name 
 "Democratic-Republican" by the party of the opposi- 
 tion. "We will not," say the resolutions, "directly or 
 indirectly acquiesce in the assumption by our opponents 
 of a name as dear to us as it is inapplicable to them." 
 Eulogistic reference was made to both candidates named, 
 and Henry Clay was declared to be the great champion 
 of Whig principles and the "favorite of the real Democ- 
 racy of Michigan," although the party support was 
 pledged to whom ever might be nominated at the Harris- 
 burg Convention. A State organization was effected and 
 the Convention adjourned, the delegates seeking their dis- 
 tant homes by the slow medium of stage-coach and pri- 
 vate conveyance. 
 
 The Democratic State Convention assembled at Ann 
 Arbor, September 11, 1839, with 145 delegates in attend- 
 ance. Scenting danger from Whig harmony and activ- 
 ity, the delegates set about the work of the Convention 
 with a unanimity that had for some time been lacking 
 in their councils. The first ballot showed 104 votes for 
 Hon. Elon Farnsworth as the nominee for Governor, 
 while the first ballot for Lieutenant Governor Avas nearly 
 as decisive for Thomas Fitzgerald, and both were accorded 
 with unanimous indorsement of the Convention. Alpheus 
 
408 STEVENS T. MASON 
 
 Felch, Kinsley S. Bingham and Elijah B. Mitchell were 
 selected as delegates to the National Convention, which 
 subsequently assembled at Baltimore, May 5, 1840. The 
 resolutions of the Convention, which came from a commit- 
 tee of which Senator Norvell was .chairman, disclose the 
 facile style of that cultured gentleman. In language free 
 from offense they extolled the principles of the old time 
 Democratic faith, declared for a strict construction of 
 the Federal Constitution, for the independent treasury, 
 for the restoration of a sound constitutional currency to 
 the country and for a reduction of the public revenue 
 to the wants of the public service. They voiced their 
 party opposition to the National Bank and to the 
 National Government's engaging in schemes of internal 
 improvement. There were well-phrased references to 
 the desirability of light taxation, caution in the creation 
 of public debts and rigid accountability in public office. 
 An appeal was made for ''conciliation" and ''zealous 
 effort" and a committee instructed to issue an address 
 to the people of Michigan "repelling the misrepresenta- 
 tions and calumnies cast upon Democratic men and meas- 
 ures by the party which acts upon no other principle 
 in common than that of uncompromising hostility to 
 them." The most important feature of the resolutions 
 was their silence on matters of State concern. Neither 
 the Governor nor the State administration received men- 
 tion, although a majority of the committee who reported 
 the resolutions were at that time or had been members 
 of the State Legislature and as such had participated 
 in the State 's legislative program. 
 
 The campaign which followed was lacking in some of 
 the more striking details of the campaign of two years 
 
THE STATE PASSESirO WHIG CONTROL 469 
 
 
 before ; but it was not lacking in many elements of absorb- 
 ing public interest or devoid of those bitter personalities 
 so characteristic of the time. In the nomination of Hon. 
 Elon Farnsworth for Governor, the Democrats had 
 selected a gentleman of the very highest character and 
 best abilities and consequently very little of a personal 
 nature was urged against him, although the fact that 
 he was filling an important position on the State judici- 
 ary, a position which he retained during the campaign, 
 was made the subject of extended discussion. Thomas 
 Fitzgerald was a gentleman of equal character, but he 
 had served in the capacity of Banking Commissioner, 
 and this gave the opposition the suggestion for the epi- 
 thet ''The Nurse of the Wild Cats," which they were 
 not slow in appljdng to him. Neither side escaped the 
 strictures applied both to party principles and to the 
 character of their leaders. The Whigs referred to Gov- 
 ernor Mason as a worthy successor to Benedict Arnold 
 and Democrats referred to Woodbridge as "A blue light 
 Connecticut Federalist; a filcher from the U. S. Treas- 
 ury ; a disf ranchiser of foreigners and the poor, a tyrant 
 judge and an office seeker in his dotage." But as a 
 practical political asset, the rallying cry of the Whigs 
 was far more effective with the voters of the State than 
 the mutual "compliments" that were bandied between 
 the partisan press and which were unquestionably much 
 discounted by the people at large. From their Conven- 
 tion to the day of election, from the press and from the 
 stump, the Whigs shouted, "Woodbridge, Gordon and 
 Reform." This phrase became the campaign shibbo- 
 leth of the party and more than a generation later the 
 lingering pioneer recalled these watchwords as the most 
 
470 STEVENS T. MASON 
 
 distinguisliing and magical feature of the canvass. It 
 was a time when for reasons that were logical and for 
 reasons that were fallacious there was potency in the 
 word ''Reform." Aside from the considerations that 
 have been mentioned there were other factors that were 
 influential for the popularity of the cry. The temper- 
 ance question was now beginning one of its periods of 
 ebulition. A petition bearing more than 1,300 names ask- 
 ing the prohibition of the liquor traffic had been pre- 
 sented to the previous Legislature, and on the 26th of 
 September a large and representative convention of tem- 
 perance workers gathered at Jackson to give stimulus 
 to the cause. Another factor of influence was to be found 
 in the disbanded "Patriots," who could find little to 
 evoke their enthusiasm in either State or National 
 authority. As the campaign progressed, bankruptcy and 
 ruin grew more threatening in proportion as public and 
 private enterprise faltered under the stagnating influ- 
 ence of the continuing financial disturbance. Prices were 
 falling precipitately; wheat that had been selling the 
 previous winter at $1.20 per bushel was now selling at 
 75 cents and other produce had fallen in proportion. 
 Men who a few months before had yielded to the spell of 
 speculation and who had lent their influence to f atuitous 
 schemes and projects were now awake to real conditions 
 and seeking relief from their own folly. 
 
 The Democrats made an active but spiritless campaign 
 and the election resulted, as was not unforeseen, in the 
 choice of William Woodbridge for Governor, by a vote 
 of 19,070 to 17,782 for Elon Farnsworth; and James 
 Wright Gordon for Lieutenant Governor by a vote of 
 18,871 to 17,512 for Thomas Fitzgerald. The State ticket 
 
THE STATE PASSES TO WHIG CONTROL 471 
 
 likewise carried with it a safe Wiiig majority in both 
 Houses of the State Legislature and insured a free hand 
 for the mending of conditions and the correction of 
 alleged abuses. 
 
 Governor Mason, while taking a keen interest in the 
 outcome of the canvass, was hardly an active partici- 
 pator in it. Following the adjournment of the Legis- 
 lature, accompanied by his ^vife he had gone to New 
 York, where, leaving her he had returned to take up 
 the duties of the State Government in an especially try- 
 ing time. In July he again returned to New York, and 
 in the early days of August communicated to the mother 
 and friends at home the joyous intelligence of the arrival 
 of a lusty baby son who was a few days later christened 
 as Stevens Thomson Mason, the first of the fourth gener- 
 ation to bear the name. 
 
 A short time later the Governor reluctantly bid loved 
 ones adieu and retraced his steps to Detroit where impor- 
 tant duties awaited his coming. The protracted financial 
 stress upon the country had begun to occasion the Gover- 
 nor some uneasiness as to the institutions to which the five 
 million of bonds of the State had been intrusted and 
 upon the solvency of which depended the prompt pay- 
 ment of the future installments of the loan. His appre- 
 hensions were in a measure confirmed by intimations 
 from high officials in the institutions with which the State 
 had contracted; and shortly following his return he 
 placed such information as he had received as well as the 
 substance of his fears before the proper State officers 
 and a select few of the gentlemen of Detroit of financial 
 reputation, and sought their counsel as to the course 
 that should be pursued to best serve the interest of the 
 
472 STEVENS T. MASON 
 
 State. The result was that Mr, Kintzing Pritchette, 
 who was about to visit Philadelphia was commissioned 
 by the Governor to treat mth The Morris Canal and 
 Banking Companj^ and The Bank of the United States 
 of Pennsylvania for the abrogation of the terms of the 
 contract by which they had become possessed of the 
 bonds of the State so that the State might obtain a 
 return of the bonds which were to be paid for by the 
 installments falling due after January 1, 1840, the State 
 and the two banking institutions to be thereby placed in 
 their original positions so far as about two and one-half 
 million of bonds was concerned. 
 
 In the details of the transactions connected with the 
 five million dollar loan no action of Governor Mason 
 evinces a more zealous regard for the interests of the 
 State than his effort at this time to obtain the return, 
 without loss to the State, of the obligations for which 
 she had not yet received consideration. Had the Gov- 
 ernor's efforts been supplement by wdse legislative action 
 instead of a program of partisan politics there is good 
 reason to believe that the State would have been the 
 gainer by many thousands of dollars, and the story of the 
 five million dollar loan w^ould have had a very different 
 sequel than was given by the sequence of events. 
 
 It was at this time, while the Governor was facing the 
 most perplexing problems and bearing the most trying 
 burdens of his administration, that he was visited with 
 the most pungent sorrow of his life. The father had for 
 long months been absent on one of his numerous jour- 
 neys to Mexico and Texas and was expected soon to 
 return. In early Autumn the mother had repaired to 
 New York to welcome him and accompany him to Mich- 
 
THE STATE PASSES TO WHIG CONTROL 473 
 
 igan. It was while here on the 24th of November almost 
 mthoiit warning that she was stricken in death. She 
 had ever been her son's most loyal counselor and truest 
 friend, and he had repaid her with the deepest affection 
 of his ardent nature. Her death was to him a deep and 
 lasting sorrow. 
 
 The fifth Legislature assembled on the 6th day of Janu- 
 ary, 1840, with a Whig majority of twenty-one in the 
 House and four in the Senate. On the first day of the 
 session as Lieutenant Governor Mundy was leaving the 
 capitol at the noon recess he was viciously assaulted by 
 Col. Edward Brooks of Detroit, whom the Democratic 
 press referred to as a ''Whig leader." This incident 
 while universally condemned was the occasion of 
 extended comment and gave the Democratic papers the 
 opportunity of prefacing the announcement of the open- 
 ing of the new administration as the commencement of 
 ''The Reign of Terror." 
 
 The House organized by the election of Henry Acker 
 of Jackson as speaker and Mark Howard of Washtenaw 
 as clerk. The Democratic vote was cast for Robert 
 McClelland for speaker and for Elijah J. Roberts for 
 clerk. In the Senate Daniel W. Kellogg of Washtenaw 
 was chosen secretary over Samuel Yorke At Lee of Kala- 
 mazoo, the Democratic candidate. 
 
 As it was then, as now, the custom in many States for 
 the outgoing Governor to send a retiring or exaugural 
 message to the Legislature, Governor-elect Woodbridge 
 expressed to Governor Mason the propriety of his send- 
 ing such a message to the Michigan Legislature, a propo- 
 sition with which Governor Mason after some reflection 
 fully agreed. He at once prepared a message, uncon- 
 
474 STEVENS T. MASON 
 
 scious that it was to be the occasion of his own humilia- 
 tion. 
 
 The message disclosed the Governor's clear compre- 
 hensive grasp of State affairs; it did not seek to min- 
 imize the conditions of distress under which public and 
 private enterprise was laboring, nor did he seek through 
 it to absolve himself from his just share in whatever 
 criticism might be placed upon the mistakes and failures 
 of the preceding years. It breathed the most kindly and 
 tolerant spirit and conveyed information and suggestions 
 of much practical value. The question of taxation and 
 the necessity of retrenchment in both appropriations and 
 general expenditures were extensively treated. The pub- 
 lic temper which led to the inauguration of the extensive 
 system of internal improvements was clearly set forth; 
 the progress and expenditures they had entailed were 
 reviewed and the necessity for suspension of work upon 
 some of the projects was clearly foreshadowed. The 
 Geological Survey, the State Penitentiary, the State 
 Militia and the questions involved in the currency, the 
 suspension of specie payment and the banks were all 
 carefully considered. His enthusiasm kindled in the cause 
 of education ; and in the university he saw an institution 
 in which was to be ''realized their highest expectations" 
 and which was in time to ''prove an honor and blessing 
 to the State." Wliile the message could not tender con- 
 gratulations for prosperity then enjoyed it had in it 
 the ring of hope and courage. "If there is one duty 
 from us, higher than another," said he, "it is to assert 
 and defend the youthful fame of our rising common- 
 wealth. When she is charged with want of resources, 
 point to her fertile fields and abundant harvests; when 
 
THE STATE PASSES TO WHIG CONTROL 475 
 
 she is thought to be broken in spirt, look to the energy 
 of her army of husbandmen, and when she is said to be 
 burdened with taxation, refer to your statute books, and 
 ask how limited is her taxation compared to that of 
 neighboring and sister States." In the concluding para- 
 graph of the message there was a touch of pathos and 
 kindly reference to his successor that is worthy of repe- 
 tition, as it should have insured for his communication 
 at least the generous courtesy of its reception. Said he, 
 ''My official relations with you, fellow citizens, now ter- 
 minate, and it only remains for me to take my respectful 
 leave. On reviewing the period of my connection with 
 the executive branch of the government of Michigan I 
 find much both of pleasure and of pain, — pleasure 
 derived from the recollection of the generous confidence 
 reposed in me by my fellow citizens and pain for the 
 many unkind emotions to which my position has given 
 rise. But seeking in private life that tranquility and 
 good will heretofore denied mej I part from official sta- 
 tion -without one sigh of regret. I shall cling to every 
 recollection making a claim upon my gratitude or service, 
 and endeavor to forget the painful occurrences of the 
 past. I cannot be insensible to the many errors I may have 
 committed. But I derive consolation from the reflection 
 that they will be amply repaired by the service of one 
 whose experience is acknowledged, whose ability is 
 known and whose patriotism is unquestioned. Id'^ntified 
 with the early history of Michigan as a State, she shall 
 have, wheresoever the vicissitudes of life may place me, 
 my earnest and continued desire for her prosperity and 
 v.elfare, and my anxious and fervent prayer that he who 
 holds in his hands the fate of nations and the destinies 
 
476 STEVENS T. MASON 
 
 of men will bestow upon her every blessing a free and 
 enlightened people can desire." 
 
 It was hardly to be expected that a communication so 
 void of all that might be occasion for offense would be 
 received mth contumely or disrespect, but the virus of 
 bitter partisanship was still active and the Whig major- 
 ity was still exultant if not arrogant in their victory. 
 The message had been given to the papers for publica- 
 tion in anticipation of its delivery at the opening of the 
 session, but upon presentation to the Legislature it was 
 denied acceptance, treated \\dth resolutions of ridicule 
 and sarcasm and denied a place in the records of the 
 State. 
 
 On the 7th Governor Woodbridge delivered a short 
 inaugural, and on the day following sent in his message. 
 It was a document conservative in tone but advancing 
 very few specific recommendations. Attention was called 
 to the State's inadequate representation in the National 
 House of Representatives, and legislation recommended 
 Avhich would make provision for the election of a United 
 States Senator to fill the vacancy that then existed. 
 Economy and retrenchment were urged in general terms. 
 The system of internal improvement was given extended 
 notice, although the gist of both discussion and conclu- 
 sion upon the subject was contained in almost the opening 
 paragraph, in which he said: ''This scheme, so bold in 
 its conception, so splendid in its design, so captivating 
 to a fervid imagination, but yet so disproportionate to 
 our present local wants, and so utterly beyond our pres- 
 ent means, must, I fear, as a whole at least, be given 
 up." The currency and banking situation was likewise 
 extendedly discussed, but more in retrospect than in 
 
THE STATE PASSES TO WHIG CONTROL 477 
 
 prospect, the only direct recommendation upon the sub- 
 ject being, that representation of the views of the legis- 
 lature be made to the National Congress, who had brought 
 about the whole difficulty "by not letting well enough 
 alone." A liint was given that State relief might be 
 obtained by hypothecating the accruing installments of 
 the five million dollar loan and using the proceeds as the 
 basis for an increase in the issue of one or both of the 
 remaining Detroit banks (The Bank of Michigan and The 
 Farmers' and Mechanics' Bank). 
 
 The action of the Legislature in refusing to receive 
 the message of the retiring Governor at once became a 
 political incident of the first magnitude. The Whig press 
 promptly characterized the action of Governor Mason 
 as one of gross impropriety, while the Democratic press 
 published the message in full, and in Michigan and 
 adjoining States used the fact of its rejection as an 
 example of Whig intolerance. 
 
 It was very soon apparent that Governor Woodbridge 
 much preferred that his predecessor should suffer the hu- 
 miliation of the position than to take any embarrassment 
 to himself and others by a generous avowal of his own 
 part in the transaction. As a statement had been published 
 in the Detroit Advertiser to the effect that in sending a 
 message to the Legislature Governor Mason did not have 
 the concurrence of Governor Woodbridge, Governor 
 Mason addressed a letter to that gentleman requesting 
 a statement from him as to the truth or falsity of the 
 newspaper item. Interviews and much correspondence 
 followed which finally reached the public prints to still 
 further increase the public interest and discussion; but 
 Governor Woodbridge never came much nearer to a 
 
478 STEVENS T. MASON 
 
 direct answer of the question propounded to him by 
 Governor Mason than to say to him, *'I am incapable of 
 the intention to do you injustice or to evince towards 
 you other than that courtesy which I have ever received 
 from you." 
 
 The first law to be passed by the Legislature was one 
 to provide for the election of a United States Senator. 
 Two days following the approval of the bill, Augustus 
 S. Porter of Detroit was given the united Whig vote in 
 both House and Senate, and in joint convention was later 
 declared elected to the Senate of the United States. 
 Thomas Rowland was likemse elected Secretary of State, 
 Robert Stuart State Treasurer, Eurotas P. Hastings 
 Auditor General, the State Treasurer and Auditor Gen- 
 eral being elected to fill vacancies which the Governor 
 by a rather abstruse course of reasoning had found to 
 exist. 
 
 The most of the legislation of the session was of a 
 minor character. The most important action taken was 
 the reorganization of the Board of Internal Improvement 
 and the passage of the resolution suspending the letting 
 of any new contracts or the reletting of any old contracts 
 on any of the works of internal improvement. Another 
 measure well calculated to create a considerable public 
 discussion was a law authorizing the Auditor General to 
 sell to the Bank of Michigan and the Farmers' and 
 Mechanics' Bank, certain of the installments of the five 
 million dollar loan. The law was enacted by practically 
 a unanimous party vote and must have been designed 
 to give assistance to the banks as w^ell as advantage to 
 the public. The advantage to the banks came through 
 the fourth section of the law, which provided that no 
 
THE STATE PASSES TO WHIG CONTROL 470 
 
 proceeding should be brought to forfeit the charter or 
 wind up the affairs of either bank until the first Monday 
 of February following, nor during the same time could 
 they be required to pay their notes in specie. As Mr. 
 Charles C. Trowbridge was president of the Bank of 
 Michigan and Levi Cook was president of the the Farm- 
 ers' and Mechanics', and both influential in Whig poli- 
 tics, the things that were said by Democrats about the 
 law can be well imagined; but as the Morris Canal and 
 Banking Company and the Bank of the United States of 
 Pennsylvania soon thereafter suspended payment upon 
 accruing installments there was little left to protest 
 against. 
 
 At this session thirty-two counties in the northern 
 portion of the Lower Peninsula were organized, twenty- 
 nine of them were given the sonorous Indian names 
 taken from the language of the tribes who had once 
 roamed mthin their limits. In 1843 some sixteen of 
 these were changed to names drawn largely from the 
 Emerald Isle, so that Kaykakee, Negwegon, Wabassee, 
 Anamickee, Meegisee and many other beautiful and 
 appropriate names were lost to the nomenclature of 
 Michigan. This session likewise marked the incorpora- 
 tion of the Lake Superior Fishing and Mining Company, 
 the pioneer company in the development of the wonder- 
 ful region of the Upper Peninsula. The session 
 adjourned April 1, the majority of the Legislature having 
 demonstrated that it was much easier to criticize evils 
 than to cure them through constructive legislation. 
 
 What was intended to be the political sensation of 
 the session was the report of a committee in the Senate 
 of which Mr. DeGarmo Jones was chairman pretending 
 
480 STEVENS T. MASON 
 
 to find most suspicious circumstances connected with the 
 efforts of Governor Mason and Kintzing Pritchette for 
 the return of a portion of the bonds of the five million 
 dollar loan, to which attention has been already called. 
 Upon the return of Mr. Pritchette from New York with 
 copies of the correspondence that had passed between 
 himself and the parties representing The Morris Canal 
 and Banking Company and The United States Bank of 
 Pennsylvania, ex-Governor Mason at once wrote to Mr. 
 Hastings, the Auditor General, apprising him of the fact 
 that in the later days of his administration, to use the 
 language of his letter, ''feeling a deep apprehension that 
 loss might occur to the State from its sale of five mil- 
 lion of bonds to the Bank of the United States and the 
 Morris Canal and Banking Company in consequence of 
 the unprecedented depression in the money market," 
 which, he adds, ''these institutions have felt severely," 
 he had intrusted a negotiation to Kintzing Pritchette 
 to obtain the return to the State of two and one-half 
 million of bonds. The letter further expressed regret 
 that the correspondence had not been at hand so that it 
 could have been placed before the Legislature at the com- 
 mencement of the session. Governor Woodbridge, as 
 soon as the communication was called to his attention 
 by the Auditor General, sent a message to the Legisla- 
 ture asking the appointment of a committee to treat with 
 the Morris Canal and Banking Company for the modifi- 
 cation or abrogation of its contract. He ignored Gov- 
 ernor Mason in the matter and treated the information 
 as having been received direct from the Morris Canal 
 and Banking Company. The committee which was 
 appointed, instead of taking up and endeavoring to bring 
 
THE STATE PASSES TO WHIG CONTROL 481 
 
 to a successful issue the negotiations which Mr. Pritch- 
 ette had instituted and carried to a point where there 
 was reasonable prospect that success might be attained, 
 proceeded to search for something that would support 
 the charge that both Governor Mason and Mr. Pritchette 
 had been actuated in their negotiations by some sinister 
 and ulterior purpose. On March 10 the majority report of 
 the committee was submitted to the Senate. An effort to 
 have twice the usual number of the report printed failed, 
 but it disclosed the real purpose. The report instead of 
 disclosing that the whole matter had been brought to 
 the attention of the Senate through a communication 
 from Governor Mason and that all the correspondence 
 had been turned over as a part of the communication, 
 gave rather the impression that the whole matter had 
 been unearthed through the diligence and astuteness of 
 the committee. Needless to say the majority of the com- 
 mittee in a long and labored document were able to 
 report among other things that, ''had the Act been con- 
 summated at the time and in the manner proposed it must 
 have been entirely illegal, a daring fraud upon the inter- 
 ests of the State, highly discreditable to all parties con- 
 cerned," and also, "had the Act been completed, the 
 stigma of violated faith, must ere this, have been indeli- 
 bly fixed upon our escutcheon and the credit of the State 
 irretrievably gone." There is a certain humor in this 
 language when taken in connection with the fact, that 
 in less than thirty days the institutions holding the bonds 
 defaulted in their payment and the bonds upon which 
 they had made no payments were gone beyond the possi- 
 bility of recovery by the State. Samuel Etheridge of 
 Coldwater was the minority of the committee and was 
 
482 STEVENS T. MASON 
 
 well capable of setting forth his views of the matter, but 
 there is reason to believe from some of the language 
 employed, that the minority report which he filed had at 
 least been seen by Governor Mason. It too was a lengthy 
 document, intended in a measure for political consump- 
 tion. Two paragraphs of it are worthy of reproduction, 
 for they disclose the motive which prompted Governor 
 Mason's efforts, and his views of the motives of those 
 who were now traducing him. 
 
 Said the minority report: '' Should the purchasers 
 of the State bonds fail to meet their engagements with 
 the State, it is difficult to imagine an occurrence fraught 
 with the consequences more fatal to the future prosper- 
 ity of Michigan. Burdened with the interest on five mil- 
 lion of dollars for twenty years and the principal at the 
 expiration of that period, without having received but 
 little more than two million of that amount, is a picture 
 calculated to startle the boldest. Had such a catastrophe 
 occurred, as there was every prospect, without any 
 effort to prevent it, when would the sound of the clamor 
 have ceased against the Executive for his culpable remiss- 
 ness in neglecting the most vigorous measures to save 
 the State." The catastrophe which the Governor feared 
 in fact happened, fortunately less direful in its results 
 than feared; but the sound of clamor against the Execu- 
 tive who made the only effort to avert it that was made, 
 did not cease until another generation was active in the 
 affairs of Michigan. On the second proposition the 
 report said: "No effort has been spared to place the 
 monetary affairs of our State before the world in their 
 worst possible form. These constant and clamorous 
 assertions of the absolutely desperate condition of Mich- 
 igan, is everywhere producing the most disastrous 
 
THE STATE PASSES TO WHIG CONTROL 483 
 
 effects, and in the end, these predictions of ruin will 
 bring about their own fulfillment. No motive appears 
 strong enough to prevent every thing from being dragged 
 into the political arena. Every good custom and well 
 established principle vanishes before the demand for 
 political capital. No art is too low, no tongue too base to 
 be used in trumpeting to the world ever5i;hing which 
 seems calculated to ruin the credit of the State abroad 
 and depress her interests at home, provided that a polit- 
 ical object can be obtained.". 
 
 The Whig press exhausted its vocabulary in its effort 
 to show the ** degradation" from which the State had 
 been saved with many an assurance that it had been 
 rescued none too soon. To the mock sensation and the 
 bitter personal attacks upon him Governor Mason made 
 no reply, although Mr. Pritchette who was later made 
 the subject of a second report because he had called atten- 
 tion to the fact that a material part of his correspond- 
 ence had been omitted from the first report, answered his 
 accusers through the medium of a formal address to the 
 people of the State. 
 
 With the adjournment of the Legislature Governor 
 Mason was given a respite from political attack; for 
 political forces were already marshaled for the memor- 
 able campaign of ''Tippecanoe and Tyler too" which 
 for a season was to absorb attention as never did any 
 other political campaign in the history of the State. 
 
CHAPTER XXIII 
 
 ''Tippecanoe and Tyler Too" 
 
 'T^HE lesson of the defeat administered to the Demo- 
 -^ cratic-Republican party at the election of 1839 was 
 not lost upon its leaders. The superior organization and 
 activity of the Whigs had shown Democrats that these 
 factors could not be compensated by confidence in their 
 own party strength. The warring factions were very 
 soon conscious that actual defeat and divorce from official 
 station which each had planned for the other, was a very 
 different matter when the plans of both had succeeded. 
 The Whig National Convention had nominated William 
 Henry Harrison for the presidency, John Tyler, a Cal- 
 houn Democrat for the Vice Presidency and adjourned 
 without adopting a platform so that every divergent 
 political element might be combined against the Demo- 
 cratic opposition. Harrison had always enjoyed a high 
 degree of popularity in Michigan, for his official stations 
 as Governor of Indiana and commanding general of the 
 northwestern army in the War of 1812 had brought him 
 into close relations and personal acquaintance with many 
 of the older inhabitants. His candidacy increased the 
 possibilities of the Whigs again carrying Michigan, 
 which meant the election of a Whig member of Congress, 
 and a Wliig successor of Senator John Norvell by the 
 Legislature of 1841. These possibilities, not to mention 
 the loss of county offices and other positions, were most 
 efficient factors in the promotion of Democratic harmony. 
 
TIPPECANOE AND TYLER TOO 485 
 
 The Legislature of 1840 was hardly under way before 
 means were being taken for the gathering of the conven- 
 tion of the Democratic-Republican party at Detroit for 
 the sole and only purpose of bringing the leaders together 
 and promoting the enthusiasm of the members. The Con- 
 vention was called for the 22nd of February, and on that 
 day convened with a large and representative delegatiton 
 in attendance, Hon. Lucius Lyon was honored by being 
 selected to preside, and the usual quota of ''Resolves" 
 were soon prepared and adopted. The resolutions' cov- 
 ered the whole range of State and National issues, but 
 perhaps the one most expressive of hope was the one 
 which affirmed that ''we have no reason to believe that 
 our State has deserted her Republican creed and gone 
 over permanently to our Federal opponents," a convic- 
 tion being likewise expressed to the effect that "the 
 sober second thought will the ensuing fall marshal her 
 again side by side with her sister States in the rank of 
 Democracy." The afternoon and evening were devoted 
 to speech making by the old-time Democratic orators, 
 upon the fervor of whose utterances their partisans hung 
 with never tiring interest. Governor Mason was among 
 the number who were paid especial honor. 
 
 On the same day the Whigs assembled in convention 
 at Ann Arbor for the purpose of putting in nomination 
 candidates for presidential electors. Thomas J. Drake, 
 John VanFossen and Hezekiah G. Wells Avere duly nomi- 
 nated and the proprieties and festivities of the occasion 
 duly observed. This gathering was succeeded by one a 
 week later at "Uncle Ben" Woodworth's Hotel where 
 in wine and eloquence they ratified the nomination of 
 Gen. Harrison, as well as that of Dr. Zina Pitcher for 
 
486 STEPHEN P. MASON 
 
 Mayor of the city, the commonalty having first been 
 served witli resolutions at the City Hall. This was an 
 event given public designation as a "grand fete," its 
 primary purpose being to stimulate enthusiasm for the 
 city election of the following Monday, March 3, an event 
 that was looked upon as second only to the State elec- 
 tion. The throng that attended, the grandiloquent toasts 
 that were proposed and drunk left little to be desired 
 for the occasion, but the oratory must have lacked in 
 efficacy, for the day following the election, hand bills were 
 upon the streets announcing a "Great Democratic Jubi- 
 lee" for the evening, the Democrats having carried the 
 city, the Mayor excepted. Dr. Pitcher being elected by 
 a majority of eight votes. 
 
 Stevens T. Mason was still the heau ideal of the young 
 Democracy. The criticism that had been visited upon 
 him by political antagonists had not served to lessen 
 the loyalty of his many friends, for in the frank and 
 unaffected democracy of his nature, the spirit with which 
 he resisted attack and the natural urbanity of his manner 
 there was that which t>Toified the sentiment of his time. 
 Following his retirement from office he had formed a 
 copartnership with Kintzing Pritchette and opened an 
 office for the practice of his profession under the firm 
 name of Mason & Pritchette. This step was taken by the 
 governor \\ith a determined purpose to apply himself 
 to the mastery of legal principles and with no design to 
 continue a factor in the official politics of the State; 
 but he had been too long and too intimately connected 
 with its history to easily resist the importunities of 
 those who had been his supporters and defenders. On 
 the evening of the "Democratic Jubilee" a vociferous 
 
TIPPECANOE AND TYLER TOO 487 
 
 crowd filled the City Hall to overflowing. The meeting 
 was no sooner organized than there was a shout of 
 ' ' Mason ! Mason ! Mason ! ' ' The ovation which greeted 
 his arrival and subsequent address showed that he still 
 had a place in the hearts of the people. Filled with 
 enthusiasm the partisans of the meeting were inclined 
 to continue their exultations, and adjourned the meeting 
 to the following Saturday evening when Governor Mason 
 was again forced to become the principal speaker of the 
 evening. The campaign of "Tippecanoe and Tyler too" 
 was now on, and Governor Mason whether he willed it 
 or not was to be a conspicuous figure on the hustings. 
 
 The Democrats had been quite universally successful 
 at the April elections and looked forward with rising 
 hopes for the Autumn contest. Writing to a Kentucky 
 friend Governor Mason said: "Tell Judge Hickey he 
 shall hear a good account from Michigan in November, 
 that we have beaten the Federalists at all the April elec- 
 tions, and that even the potent charms of 'Log Cabin 
 and hard cider,' * gingerbread generals and small beer' 
 cannot redeem their sinking cause;" but events were to 
 prove that the Governor had under estimated the potency 
 of log cabins and hard cider. By the Fourth of July there 
 was scarce a town where a log cabin had not been erected 
 to serve as the Whig headquarters. The one at Detroit 
 was located at the northeast corner of Jefferson Avenue 
 and Randolph Street. For days the Wliig patriots 
 assisted in drawing the logs from the adjacent forest and 
 fitting them for the building. On April 15 a large crowd 
 assembled for the "raising" and before nightfall they 
 had reared a structure forty by fifty feet in dimensions, 
 a bottle of hard cider having been placed beneath each of 
 
488 STEVENS T. MASON 
 
 its four corners as one of tlie important parts of the 
 ceremony. The cabin was profusely decorated mth arti- 
 cles tacked to its sides or suspended from the rafters 
 suggestive of pioneer life. A live bear and a few stuffed 
 owls, wild cats and raccoons were added by way of attrac- 
 tions, and a crude chandelier formed from the roots of 
 a small tree bearing many tallow candles was suspended 
 from the roof and in the evening furnished the principal 
 illumination of the room. The dedication, which was 
 set for the 21st of April, Avas a very important affair. 
 Due notice of the event had been given in the Advertiser, 
 and the ladies had been called upon to furnish for the 
 occasion "cornbread and such other log cabin fare as 
 their kind hearts and ingenuity may dictate." Needess 
 to say they responded liberally to the call and at the 
 appointed hour had loaded the tables about the cabin 
 sides with johnny-cake, pork and beans and the substan- 
 tial fare of pioneer Michigan. A large crowd gathered 
 and in the fitful glare of the tallow dip listened to the 
 oration of the occasion, dispatched the provisions pro- 
 vided and concluded the festivities with many a toast 
 drunk mth hard cider. From this time forward to elec- 
 tion the political rally was the order of the day, the 
 Whigs meeting regularly at the Cabin and the Democrats 
 at the City Hall. At the meeting of the "Democratic 
 Association" as the city club of the Democratic party 
 was called, Governor Mason was upon many occasions 
 the speaker pressed into service, the newspapers having 
 preserved the records that he was "greeted with that 
 heartfelt and peculiar enthusia«m which always attends 
 his appearance." 
 
 A letter from Governor Mason to his sister Laura at 
 
TIPPECANOE AND TYLER TOO 489 
 
 tills time is expressive of the Governor's activities, of 
 public conditions and affords a glimpse of some of the 
 personal qualities that were distinguishing features of 
 his nature. 
 
 **For the winter," reads the letter, *'I have endeavored 
 to confine myself to the quiet routine of an attorney's 
 life, but as might have been expected, all my efforts have 
 failed, I had hoped when retiring from public life, I 
 might have some respite from the toils of politics, but 
 find myself as deep in the game as ever; so, that with 
 the divided allegiance, between law office and political 
 speech making I am more occupied than ever. ' ' Advert- 
 ing to public conditions he proceeded to say, ''You will 
 find Detroit sadly changed. The bubble of false pros- 
 perity has burst from under us and we are down again 
 to the realities of earth. The streets every day look like 
 Sunday, and in every direction you hear nothing but 
 the croakings of hard times ; but we may extract a jewel 
 from the uses of adversity, and will learn wisdom enough 
 to last us in after life." He proceeds to more intimate 
 personal matters and does not omit to sing a proud fath- 
 er's praise of a baby son. Says he, ''You have yet to see 
 your nephew whose praises have been so often recorded. 
 He may be considered the greatest prodigy of the age; 
 and although I say it, he is the most beautiful and intelli- 
 gent youngster in the Republic. In a few days he mounts 
 his short dresses — the first great epoch in his onward 
 march to manhood. I shall turn him over to you and 
 Emily, when you arrive, and rest assured, you'll have 
 your hands full, for he is already the very personifica- 
 tion of mischief. ' ' The sister Kate had now become Mrs. 
 Isaac S. Rowland, and there is much of human interest in 
 
490 STEVENS T. MASON 
 
 the brief statement of the Governor that her home "is 
 on Woodward Avenue, and although not very extensive, 
 is all sufficient to answer her wants." "In fact," he 
 concludes, "a peasant's cot has to her all the charms 
 of a palace." 
 
 It is quite evident that the Sunday aspect of Detroit 
 of which the letter makes mention was subject to some 
 very marked exceptions, although be it said, they were 
 mostly political in character. On June 11, 1840, an im- 
 mense gathering of Whigs was convened at Fort Meigs 
 on the rapids of the Maumee, the scene of one of Harri- 
 son's military exploits in the War of 1812. General Har- 
 rison and other gentlemen of national prominence were 
 present. Speeches were made by the leaders of the Whig 
 party; a sham battle was fought and the occasion made 
 in every respect the most important political gathering 
 that had ever assembled in the West. Delegations to the 
 celebration from Michigan came to Detroit from every 
 part of the State. They were entertained with free lunch 
 at the Cabin ; the people were out in mass, and with flying 
 banners and beating drums they marched to the wharf 
 where five steamboats were loaded with the enthusiastic 
 political pilgrims. 
 
 Two weeks later, on June 24, the Democratic-Repub- 
 licans journeyed to Marshall to participate in a State 
 Convention to nominate presidential electors and a can- 
 didate for member of Congress. Jonathan Kearsley of 
 Detroit was made president of the Convention, which 
 promptly set about its labors. The balloting showed that 
 Hon. Isaac E. Crary still had a very respectable follow- 
 ing ; but on the fourth ballot the nomination for member 
 of Congress went to Alpheus Felch, then of Monroe. 
 
TIPPECANOE AND TYLER TOO 491 
 
 Charles Moran of Wayne, Kinsley S. Bingham of Liv- 
 ingston and Charles E. Stuart of Kalamazoo were named 
 as electors. The National Democratic-Republican Con- 
 vention which had assembled at Baltimore, Md. May 5, 
 had renominated Martin Van Buren for the Presidency, 
 but had referred the nomination for Vice President to 
 the several States. The Marshall Convention was there- 
 fore unique, in that it was the only one in the history 
 of the State to participate as such in the nomination of 
 a candidate upon the national ticket, which it did by the 
 unanimous adoption of the following resolution : 
 
 ''Resolved, that reposing full and undiminished confi- 
 dence in the talents, integrity and Democratic principles 
 of Richard M. Johnson, we do hereby nominate him for 
 a re-election on the part of the Democracy of the State 
 of Michigan." 
 
 Various committee w^ere selected, the two most impor- 
 tant being a State Central Committee of seven and a com- 
 mittee of like number charged with issuing an address 
 to the people of the State. Governor Mason was made 
 a member of each committee. The dedication of Whig 
 log cabins and counted Democratic demonstrations were 
 now the chief diversion of the people. The ^Yhig Con- 
 vention for the nomination of a candidate for member 
 of Congress was convened at Jackson on September 10, 
 1840 ; John Biddle was chosen to preside, and four ballots 
 taken before a majority was secured for Jacob M. How- 
 ard who was then declared the nominee. The resolutions 
 referred almost exclusively to national affairs, with apt 
 quotations from Thomas Jefferson, designed no doubt to 
 show that they were the true followers of his creed. 
 
 During the campaign Vice President Johnson made a 
 
492 STEVENS T. MASON 
 
 tour of several of the States and Detroit was included in 
 the itinerary. For weeks before, Democrats looked for- 
 ward to the event, and elaborate preparations were made 
 for the entertainment of the old hero who nearly twenty- 
 six years before had been the most prominent figure in 
 the battle of the Thames. The celebration was planned for 
 the 28th of September, and on that day an immense 
 throng gathered at Detroit to welcome the distinguished 
 guest. Just before noon the steamer Gen. Scott arrived 
 with Col. Johnson and his suite aboard. From the wharf 
 the party were escorted to a stand erected for the occa- 
 sion before the National Hotel. Here Governor Mason 
 delivered an address of welcome on behalf of the Democ- 
 racy of the State, to which responses were made by vari- 
 ous members of the party. On the Cass farm a barbecue 
 of extensive proportions was served to the assembled 
 multitude, and there in the afternoon the addresses or 
 the day were delivered, the principal speeches being 
 made by Col. Johnson and Congressman Steenrod of Vir- 
 ginia. The Vice-Presidential party took its departure 
 for Ann Arbor the day following and later for Adrian, 
 holding a large meeting at each of these places as well as 
 at some of the points intervening. While Democrats were 
 thus exulting, the Whigs were planning a counter demon- 
 stration to be held at Detroit two days later. Stimulated 
 by the success of the Johnson meeting, couriers scattered 
 hand bills through the adjacent counties urging every 
 Whig to action. The meeting had been previously adver- 
 tised and with the early dawTi of September 30 the whole 
 country-side was journeying toward Detroit. One hun- 
 dred and three Avagons bearing a delegation of six hun- 
 dred came from Farmington alone. The Dearborn dele- 
 
TIPPECANOE AND TYLER TOO 493 
 
 gation arrived in a mounted log cabin drawn by twenty 
 yoke of oxen. Plymouth, Livonia and other nearby ham- 
 lets sent in monster companies in unique and nondescript 
 conveyances. It was estimated that fifteen thousand peo- 
 ple were in attendance before evening. Every delega- 
 tion brought additions to the food supply, which was 
 deposited upon long tables in Williams & Wilson's ware- 
 house to be later doled out to every applicant. An 
 immense procession was the feature of the day and in 
 the evening large meetings were addressed at the Capitol, 
 City Hall, log cabin and a large warehouse hastily made 
 ready for the occasion. 
 
 The Democrats made a spirited campaign, but there 
 was that in the times and in the magic of ''Old Tip," 
 log cabins, coon skins and hard cider that appealed to 
 the pioneer enthusiasm of the West and that could not 
 be overcome. The election was a victory for Harrison 
 and Tyler in both State and Nation. They carried the 
 State by a vote of 22,933 to 21,096 the greater portion of 
 the Whig majority being furnished by the counties of 
 Washtenaw, Jackson, Lenawee and Kalamazoo. Har- 
 rison's vote likewise insured the election of Jacob M. 
 Howard as member of Congress, but by the reduced 
 vote of 22,759 to 21,464. The Legislature which the year 
 before had been overwhelmingly Whig was now danger- 
 ously near a tie. This result seems to have been antici- 
 pated, for at the conclusion of the voting in Hamtramck 
 Township where Democratic majorities of from 126 to 
 130 were given to all other candidates, the Democratic 
 guardian of the ballot box containing the ballots cast for 
 members of the Legislature, was filled with strong drink 
 through the hospitality of a Whig friend, and when he 
 
494 STEVENS T. MASON 
 
 recovered consciousness it was without knowledge of 
 what had become of the ballot box or its contents. With- 
 out the vote of Hamtramck, six Whig members of the 
 legislature were elected from Wayne county, with the 
 vote of Hamtramck there was every reason to believe 
 that six Democrats had been elected. The canvassers 
 gave certificates to neither set of candidates but returned 
 the fact to the Legislature. The Democrats sought upon 
 the assembling of the Legislature for the immediate 
 passage of a law calling a new and immediate elec- 
 tion for Wayne County, but the Whigs did not propose 
 to exchange a certainty for an uncertainty, and by a vote 
 of 22 to 21 seated the Whig claimants, thus insuring a 
 free hand in their legislative program. The Democrats 
 entered solemn protest, the press fulminated and crim- 
 inal proceedings were pressed ; but the Whigs held their 
 seats and the only man to suffer was the poor custodian 
 of the ballot box who had partaken of Whig hospitality. 
 The Legislature assembled at Detroit for the com- 
 mencement of the sixth Legislative session on January 4, 
 1841. Owing to the contest in the House that body did 
 not proceed to organize by the election of a speaker until 
 January 6, at which time Philo C. Fuller of Adrian was 
 selected, he having been elected pro tempore on the first 
 assembling of the Legislature. On January 7 Governor 
 Woodbridge delivered his message, a lengthy document 
 which entered into the details of many matters of minor 
 importance and into others that were wholly of national 
 concern. The report of the Commissioners of Internal 
 Improvement disclosed that on November 23 previous, 
 cars had commenced running upon the Southern road 
 from Monroe to Adrian and the Central* had progressed 
 to within four miles of Dexter, with a considerable 
 
TIPPECANOE AND TYLER TOO 495 
 
 amount of construction done between that point and Jack- 
 son, An effort to remove a quantity of railroad iron 
 from Monroe for the completion of the line into Dexter 
 had been met with open hostility upon the part of the 
 ** Independent State," as Monroe came to be designated, 
 and the commissioners were forced to retreat or become 
 parties to a breach of the peace. The Clinton and Kala- 
 mazoo Canal was reported as approaching completion 
 between Frederick and Rochester, and both the Grand 
 and St. Joseph Rivers were mentioned as worthy of 
 further appropriations. While the reports in no place 
 recommend that any particular work be cast off, there 
 was plain intimation that the condition of the State's 
 finances made it imperative that some one or more of 
 the projects be selected to receive such aid as the State 
 in its crippled condition would be able to bestow. The 
 Legislature, however, found it quite as difficult to let go, 
 as their predecessors had to limit the objects of State 
 aid, although there were evidences that the Central and 
 Southern roads would be the final projects to which the 
 State would confine its efforts. Construction upon the 
 first was authorized to Kalamazoo and upon the second 
 to Hillsdale. The Northern road was given an appro- 
 priation of $30,000 for the purpose of converting it into 
 a wagon road. The appropriation to the Saginaw Canal 
 was withdrawn, and $5,000 ordered to be expended upon 
 the Saginaw turnpike. Twenty-five thousand dollars was 
 given to the Clinton and Kalamazoo Canal and some 
 small unexpended appropriations ordered spent upon the 
 Kalamazoo and St. Joseph Rivers. The Legislature was 
 still willing to assist in the development of the salt indus- 
 try, and for the first time in the history of the State 
 
496 STEVENS T. MASON 
 
 gave attention to the possible production of copper, 
 through a resolution looking to congressional action 
 encouraging the collection and dissemination of knowl- 
 edge relating to mining and smelting of copper ores. 
 
 The finances of the State were still in a chaotic condi- 
 tion ; taxes were unpaid and the only source of payment 
 for a considerable portion of the general expenses of the 
 State as well as interest upon the loans was by dis- 
 counting the dubious prospects on the five million dollar 
 loan. Again the Legislature provided for the suspension 
 of specie payment as well as special protection to the 
 Bank of Michigan and the Farmers' and Mechanics 
 Bank, an Act that was far from popular with the people, 
 who were beginning to say, ''It is time for the banks 
 to pay up or wind up." 
 
 In the senatorial contest the Democrats demonstrated 
 that they could unite much better in defeat than in victory. 
 The great majority of the Whigs in both House and 
 Senate were loyal supporters of James Wright Gordon, 
 the Lieutenant Governor, for the senatorship. There is 
 a tradition, attested by the reminiscence of many an old 
 politician that James Wright Gordon was the clear choice 
 of the senatorial caucus of his party, and that in the late 
 hours of night as in wine and flow of soul he celebrated 
 his prospective honors mth his loyal friends, the Demo- 
 crats sealed a compact for his defeat with a half dozen 
 Whig malcontents. Gordon was promptly nominated in 
 the Senate by the unanimous Whig vote of eleven. But 
 in the House he could never command the vote of more 
 than twenty. On February 3, the two Houses met in joint 
 session and the Democrats cast their united support for 
 their old enemy Governor William Woodbridge, who was 
 
TIPPECANOE AND TYLER TOO 497 
 
 elected by the help of the few Whigs who had deserted 
 their o^vn party choice. The generous encomium which 
 the Free Press passed upon Governor Woodbridge after 
 his election was in marked contrast to the expressed sen- 
 timents of former days and tended more to exasperate 
 the Whigs than the defeat of their candidate. The 
 Advertiser undoubtedly diagnosed the situation correctly 
 when it observed that ''the motive of the minority is 
 sufficiently obvious, first to excite personal heartburnings 
 and secondly to excite the westerly portion of the State 
 against the easterly portion by concentrating all the 
 important offices at Detroit. 
 
 It certainly amounted to a concentration, for Governor 
 Woodbridge continued to exercise the duties of the gov- 
 ernorship until about the time he took up the duties of 
 United States Senator, March 4. Upon the retirement of 
 Governor Woodbridge, James AVright Gordon by virtue 
 of his office as Lieutenant Governor became the Acting 
 Governor of th% State, a position he continued to hold 
 until the expiration of the term. The Whigs, however, 
 were not to let the session pass without an effort at the 
 accomplishment of something that would serve the pur- 
 pose of political capital. The five million dollar loan 
 which had served so long the purposes of political ''thun- 
 der" was to be the third time investigated and made to 
 furnish a sensation of most astounding character. The 
 Legislature of 1840, refusing to avail itself of the nego- 
 tiations introduced by Governor Mason and conducted by 
 Mr. Pritchette, had sought rather to grant new powers 
 to Robert Stuart, the new State Treasurer, to open nego- 
 tiations for security for the unpaid installments upon 
 the loan. On January 14, 1841, Governor Woodbridge 
 
498 STEVENS T. MASON 
 
 submitted a message to the Legislature accompanied by 
 the report of the treasurer, to which was appended an 
 extended document in the form of a bill in chancery on 
 the part of the State of Michigan against The Morris 
 Canal and Banking Company and addressed to the Chan- 
 cellor of the State of New Jersey. No case of the nature 
 indicated by the bill seems to have been instituted in 
 the Chancellor's Court of New Jersey and just the pur- 
 pose of the document is not clear. If designed to blacken 
 the character of Governor Mason, it was most skillfully 
 adapted to the purpose. The message and accompany- 
 ing documents, upon being referred to the finance com- 
 mittee of the Senate, of which DeGarmo Jones of Detroit 
 and James M. Edmonds of Ypsilanti were the controll- 
 ing members, was at once made the subject of a most 
 mysterious investigation. Governor Mason was at the 
 time in the East, his time being occupied in the cities 
 of "Washington, Baltimore and New York. As it was 
 known that he was not to return until after the opening 
 of navigation in the Spring, some of his friends souglit 
 to protect his interests before the committee but were 
 refused the privilege. Benj. F. H. Witherell, a promi- 
 nent attorney of Detroit and at that time a member of 
 the State Senate, at once volunteered his services in 
 Governor Mason's behalf, and upon being refused the 
 right of producing or cross-examining witnesses before 
 the committee he took the matter to the floor of the Senate, 
 where by a party vote he was again refused and Gov- 
 ernor Mason, although his reputation was to be blackened 
 and his character aspersed was refused the privilege of 
 a hearing or defense. The malicious product of this 
 ** investigation" was in -keeping with the spirit that had 
 
TIPPECANOE AND TYLER TOO 499 
 
 been exhibited by the committee and the majority that 
 had supported it. The report was filed on the 27th of 
 March 1841. Upon the testimony of Theodore Romeyn, 
 who seems to have been willing to admit his own want 
 of honor that he might assist in besmirching the reputa- 
 tion of Governor Mason, the committee based their 
 charges and insinuations against the Governor of pecu- 
 lation and corruption. Before the committee of 1839, 
 Mr. Romeyn had testified "I have never directly or indi- 
 rectly drawn any money from the State for my own pur- 
 poses, neither have I received from Governor Mason any 
 accommodations or advances." This solemn statement 
 seems to have in no manner interfered with his making 
 claim before the committee of 1841 to the effect that he 
 and Governor Mason had sought and had derived finan- 
 cial profit from the State 's loan. 
 
 Governor Mason and family returned to Detroit in the 
 early spring, but not before he had received a letter from 
 Mr. Romeyn saying among other things, ''I think if I 
 could see you in person that we could arrange answers 
 that would be more satisfactory than if published with- 
 out consultation." This letter brought from the Gover- 
 nor a most stinging rebuke. As soon as possible after 
 his return the governor set about the preparation of his 
 defense to the slander which the committee had under 
 cover of its ofiicial position passed against him. On 
 May 11 he issued an address to The People of Michigan, 
 in the form of a pamphlet of some forty pages. Against 
 the men who had so persistently and maliciously pursued 
 him it was a forceful and bitter arraignment. He speaks 
 of them as ''Assassins of private character" who had 
 found encouragement to do their office upon his name 
 
300 STEVENS T. MASON 
 
 before lie could return among them. The story of Robert 
 Stuart as contained in the bill of complain he dismissed 
 with the statement that ''nothing could be more false." 
 Of DeGarmo Jones and James M. Edmonds of the Sen- 
 ate committee he speaks as ''my violent personal and 
 political enemies" as searching for "pliant instruments 
 to aid their work of infamy" and as having found them 
 in "the one a starveling refugee from abroad and the 
 other an icnacquitted felon of this city. " " Such, ' ' he con- 
 cluded, "were the instruments chosen by the committee 
 to blacken my reputation during my absence from the 
 State." 
 
 The charges themselves were answered in a patient; 
 clear and explicit manner. In nearly every instance he 
 fortified his own claim by reference to unquestioned doc- 
 umentary proof. In the conclusion of this somewhat 
 unusual document the Governor said: "I have thus, 
 fellow citizens, endeavored to place before you a full 
 answer to all the accusations preferred against me by 
 the committee. Whilst I am free to acknowledge that 
 there is no external reward so dear to me as the good 
 opinion of my fellow citizens, even to secure that reward 
 I would not mistake the grounds of my defense. I act 
 as a private citizen unjustly and ruthlessly assailed. 
 Circumstances render it probable that I shall never again 
 be a candidate for your suffrages. I have therefore no 
 political purpose to effect. I strike in defense of my 
 name and all that is dear to me. I have left your service 
 poorer than I entered it ; and if I have any earthly boast, 
 it is that I have never intentionally wronged the public. 
 That I have felt the imputations cast against me I do not 
 pretend to deny ; but the consciousness of my own integ- 
 
TIPPECANOE AND TYLER TOO 501 
 
 rity of purpose, has afforded me an inward pride and 
 satisfaction that the world can not rob me of. To the 
 people of Michigan I owe many obligations, and with 
 the last pulsations of life I shall acknowledge and remem- 
 ber their kindness." 
 
 There is a certain pathos in the concluding sentence 
 when we remember that life's ''last pulsation" for him 
 was only a short time away. 
 
 The address was answered by one from Theodore 
 Romeyn in which he sought to show their joint wrong 
 and to argue that the Governor was guilty of still other 
 official wrong doing. This the Governor answered with 
 a single sheet of documentary refutation, which closed 
 the controversy so far as formal documentary charges 
 were concerned. 
 
 It has never been contended that the verdict of the 
 people sustained the charges made, but unfortunately 
 their judgment could not be entered as was the slander 
 in the annals of the State. 
 
 As the term of John D. Pierce as Superintendent of 
 Public Instruction was about to expire, the two Houses 
 on April 6 in joint session elected Franklin Sawyer Jr. 
 to the position. Mr. Sawyer was a gentleman well quali- 
 fied for the place, a graduate of Harvard University 
 he had come to Michigan about 1830, had acquired a legal 
 education and practiced for a time in company with 
 Jacob M. Howard. Later he took up newspaper work, 
 first as editor of the Courier and then as editor and 
 one of the proprietors of the Daily Advertiser, a 
 work much more suited to his taste, which was decid- 
 edly literary in character. On April 13 the Legisla- 
 ture adjourned, the last Whig Legislature to assemble 
 
602 STEVENS T. MASON 
 
 in the State. The administration that had been heralded 
 with great promise of reform had in many important 
 particulars failed to meet the expectations of the people ; 
 there had been more of promise than performance. So 
 many of the conditions for which a remedy was being 
 demanded were the result of causes general and national 
 in character that only the slow recuperative processes of 
 constructive labor in development and production could 
 mend. While the Whig administration at its close could 
 show little or no betterment in the conditions against 
 which it had directed its most bitter denunciation, it was 
 nevertheless a most helpful interregnum, for it made it 
 much more easy for the succeeding administration to 
 place the affairs of state in harmony with the abilities and 
 conditions of the people. 
 
 The national administration was to prove even more 
 of a disaT)p ointment than had the administration within 
 the State. On April 4 President Harrison died. Vice 
 President Tyler was thus elevated to the Presidency 
 v.dthin a month of the inauguration. He retained Har- 
 rison's (^abinet and promised to carry out his policy, a 
 thing that by reason of training and conviction he was 
 not able to do. A special session of Congress had already 
 been called to assemble May 31. It met and continued 
 its labors until September 13th. The most distinguish- 
 ing feature of the session was the bitter quarrel that 
 developed between the Whig majority and the President, 
 resulting in the resignation of all the members of the 
 Cabinet except one^ and in a manifesto from the Whig 
 members to the effect that all political relation between 
 them and John Tyler was at an end. The cry of ''Tippe- 
 
 1. Daniel Webster Sec. of State. 
 
TIPPECANOE AND TYLER TOO 503 
 
 canoe and Tyler too" had lost its charm; there was 
 no longer interest in log cabins or potency in hard cider. 
 In Michigan the Whigs were facing a State campaign 
 with dejection and dissension where twelve months 
 before all had been enthusiasm and confidence. 
 
CHAPTER XXIV 
 
 The Closing Years 
 
 "I^ZITH Governor Mason's retirement from office in 
 ^ ^ January, 1840, came the necessity of engaging in 
 some occupation whicli would secure for himself and his 
 growing family a respectable livelihood. The ceasing 
 of his official salary compelled retrenchment and econ- 
 omies. The business outlook in general was dark, and 
 the personal antagonisms arising and continued from 
 the heated political strifes of the years covering the 
 governorship were many and bitter. Mason's own cour- 
 teous manner and thorough kindness even to his polit- 
 ical opponents took away much of the sting of personal 
 animosity to him, but it was not easy to forget or forgive 
 all that was said. 
 
 Detroit had a population of 9,000, and, as the entry 
 port of the State, transacted a large amount of business 
 wdth consequent litigation; so that with his prestige of 
 high official position and large personal acquaintance, 
 the opportunity offered to him in Detroit for entry into 
 the practice of the profession to which he had been 
 admitted might seem attractive. The bitter personali- 
 ties, however, and the attacks through the Legislature 
 in consequence of the five million dollar loan all com- 
 bined to turn the thought of the young man — now 28 — 
 to other fields. 
 
 The natural bent of young Mason's mind had been 
 toward the law, and in the intervals of his duties as Sec- 
 
THE CLOSING TEARS 505 
 
 retary of the Territory, he had found time to read suf- 
 ficient law to enable him to pass without difficulty the 
 examination required of applicants for admission to the 
 bar; on Dec. 6, 1833, he had been admitted to practice 
 in the Wayne County Circuit Court, and on the 23rd 
 of July following was admitted to the Supreme Court. 
 
 In anticipation of his retiring from office he had 
 arranged to take up the practice of his profession. He 
 began with a short-lived partnership with E. B. Har- 
 rington, a capable young lawyer who had come to Detroit 
 In 1838 from Port Huron, where he had established a 
 newspaper; the Lake Huron Observer, edited it and prac- 
 ticed law, had been appointed Master in Chancery by 
 his future partner, who had also appointed him together 
 with E. J. Roberts in January, 1838, to oversee the pub- 
 lication of the laws of the State compiled by Hon. W. 
 A. Fletcher. He was also appointed in 1839 first 
 Reporter of the Chancery Court of Michigan, and died 
 in 1844 a young man of 35 years. After the termination 
 of this partnership in the summer of 1840, the firm of 
 Mason & Pritchette was established, and lasted till Mason 
 removed to New York. The junior member of this firm, 
 the senior in age, had come to the Territory in 1831 
 with Governor Porter, and had rapidly established a 
 close friendship with the young Secretary; and when 
 the latter became Governor of the State, his first appoint- 
 ment to office was to make his friend Secretary of State. 
 The law business of this firm was not extensive. An 
 occasional suit at law or in chancery or the foreclosure 
 of a mortgage are all that the records disclose. His 
 Tvife's connections lived in New York City, and they no 
 doubt urged the opportunities the large city presented to 
 
506 STEVENS T. MASON 
 
 the talented young man of such unusual experience and 
 acquaintance. After a year spent in the nominal prac- 
 tice of his profession he determined to remove to New 
 York. In January of 1841 he was in the latter city for 
 some time, and upon his return sold his household goods 
 and in the Fall of the year, after the election campaign 
 was over, he left Detroit forever. 
 
 Upon his arrival in New York he arranged for board- 
 ing at a house on Leonard Street, near Broadway, and 
 at once plunged into the hard work of a law student. 
 He was determined to succeed, and it was necessary not 
 only to familiarize himself mth the laws of New York 
 State, but to deepen and broaden his legal foundations. 
 He had some old friends and rapidly made new ones. 
 His father suggested that Baltimore might be an even 
 more advantageous location than New York, but in April, 
 1842, the young lawyer wrote that he had already formed 
 an extensive acquaintance, had obtained admission to all 
 the courts and already had about ten cases, and that he 
 had no fear of the ultimate results. 
 
 In the same month of April, with a view both to econ- 
 omy and health for himself and family, he moved over 
 to Staten Island. He confessed that he had formed but 
 a limited idea of the difficulties of his undertaking in 
 coming to New York, that his absolutely necessary li^dng 
 expenses were $1,500 a year, and that his only capital 
 consisted of hope, energy and perseverance. These quali- 
 ties howe\'er he had in abundance and he needed them 
 all. His family increased in March, 1842, by the birth 
 of a boy, thus giving him three young children besides 
 himself and his wife to support. The business conditions 
 Avere very bad ; his father-in-law, Mr. Phelps, who seeniB 
 
THE CLOSING YEARS 507 
 
 to have been very pessimistic over the future, had retired 
 from business and prophesied a long period of financial 
 disaster. 
 
 Mason not only had optimistic qualities, but also dis- 
 cernment and judgment. In July, 1842, he wrote to his 
 father that in New York humility and modesty were not 
 appreciated, that a man to succeed must keep up appear- 
 ances and seek the society of those who could benefit him 
 in his profession, otherwise he would starve to death. 
 
 It is not probable that he needed to apply much of the 
 worldly wisdom to his own actions. He was of the stamp 
 who would make friends everywhere through following 
 his natural inclination and habits. During the summer 
 and fall of 1842 enough business, — some small part crim- 
 inal cases, — came to him so that he was able to pay his 
 way and to feel that he had "a very respectable docket 
 for a new beginner." 
 
 A ready speaker, he was glad to extend his acquain- 
 tance and influence by public addresses, and the last 
 public act if his life was to deliver a lecture about two 
 weeks before his death to the Richmond Lyceum on 
 Staten Island. The subject was "The History of the 
 Northwest," and we may well imagine that his audience 
 had an unusual treat in having this subject presented by 
 a man who had helped so greatly in making the history 
 of an important part of that very Territory. 
 
 When cold weather came on he brought his family back 
 from Staten Island to New York and entered the winter 
 with good prospects, certainty of hard work, and high 
 hopes of a happy and prosperous future, — mth dreams 
 no doubt of a time when he should have attained fame 
 and success in the metropolis of the country, won by his 
 
508 STEVENS T. MASON 
 
 own efforts and ability, and when he would return, a 
 visitor, to the scene of his youthful official career, justify- 
 ing the hopes and expectations of his friends and bring- 
 ing derision to the scoffs and criticisms of his old enemies. 
 
 These prospects, these hopes, these dreams all went 
 for naught. As a sudden frost destroys the buds and 
 opening blooms. Death interposed its hand and the 
 earthly career of Stevens T. Mason came to a sudden 
 and most unexpected termination. No language could 
 better describe the event than the letter from the heart- 
 broken father to the young and beloved sister at Detroit. 
 It is dated at New York, Jan. 5, 1843 : 
 
 **I attempted to write you last night but found myself 
 unequal to the task, and am now little better prepared 
 to announce to you a most heart-rending event. Our 
 light afflictions for the last year we bore not without 
 repining, but they were temporary and susceptible of 
 aleviation. Now we have to summon to our aid the 
 strength we possess and to call to our relief the only 
 power that is capable of it, — the power of religion, — the 
 trust in God that all His ways are best. Your beloved 
 brother is no more — I cannot yet realize the awful truth, 
 — but it is nevertheless so. — He now lies a corpse in this 
 house. His sickness was not considered dangerous till 
 two hours before his death, and it was so sudden, so calm 
 and free from pain, that to look on him this moment the 
 serenity of his countenance cheats you into the belief that 
 he still lives. Yes! he does, but in another world, the 
 destined abode of us all. He was taken on the night of 
 the first with a vomiting,— on the second complained of 
 a sick headache and did not go out,— on the third sent for 
 Dr. Boyd who pronounced his disease an inflammatory 
 
THE CLOSING YEARS 509 
 
 sore throat, applied leaches and gave him medicine. On 
 the fourth I became alarmed and called Dr. Grayson, who 
 saw him in consultation with Boyd, and both considered 
 his case not dangerous. Accidentally Dr. Mott came on a 
 visit, ten minutes after his physicians left, and told me 
 he was dangerously ill, and feared he could not live, — 
 and unless relief came immediately two hours would ter- 
 minate his existence, and said his case was a suppressed 
 scarlet fever. His predicitions were alas ! too true, and 
 at 3 o'clock he expired without a groan, and in such 
 entire absence of pain, that he seemed to fall into a com- 
 posing sleep. Little did we apprehend that it was the 
 sleep of death, — from which he can only awake at the 
 resurrection, — such is the will of God, and we must sub- 
 mit; and in true faith believe that this decree is accord- 
 ing to His wisdom and goodness, for the best, — hard as 
 it is for us to bear the infliction. 
 
 ''Julia is in a state of distraction and I can hardly tell 
 the character of my own mind. I shall write to you again 
 in a day or two. but it is impossible for me to afford 
 consolation other than your own minds will present: a 
 submission to the will of God, — to whom I commend you, 
 and pray that He may give you strength to sustain you 
 under the heartrending calamity which it has been His 
 pleasure to award us. 
 
 * ' Your affectionate father, 
 
 ''JOHN T. MASON." 
 
 The body was placed in the vault of Mason's father- 
 in-law in Marble Cemetery in New York City, a small 
 cemetery in the block bounded by the Bowery and Sec- 
 ond Avenue, Second and Third Streets, and there it 
 
510 . STEVENS T. MASON 
 
 remained for sixty-two years, when it was brought to 
 Detroit, the place where in spirit he had hoped fondly 
 to return; and here his remains now lie, covered by a 
 monument erected by the great State whose early career 
 he had so deeply influenced. 
 
 The news of his death reached Detroit January 12, 
 and the unanimity of sorrow and grief felt and expressed 
 by all from all ages, classes and political parties was 
 most remarkable. The bitter partisan antagonism which 
 had been so rampant completely disappeared, and with 
 one voice his old friends and his former political enemies 
 joined in tributes to his memory. The Free Press came 
 out with heavy mourning lines between its columns and 
 in a long editorial the writer spoke feelingly of his many 
 virtues, his endearing qualities, and his sterling merits. 
 It called him **the most honored citizen and universally 
 beloved friend of Michigan, the gifted orator, the tal- 
 ented statesman, the high souled patriot, the warm- 
 hearted, frank, generous, noble and magnanimous 
 friend. ' ' 
 
 The Gazette, whose editor, Sheldon McKnight, had 
 long been a warm friend and admirer of Mason, spoke 
 of him in high terms. ''He was an excellent son, and a 
 devoted husband and father. His abilities were of a high 
 order, his information general and extensive, his elo- 
 quence ardent and impressive. If he had political ene- 
 mies they were fewer than ever fell to the lot of any 
 other public man. If he had defects they too were slight 
 and unobserved amidst the good qualities which excited 
 admiration. ' ' 
 
 The Advertiser, the organ of Gov. Mason's political 
 enemies, added its voice to the universal chorus. '*We 
 
THE CLOSING YEARS 511 
 
 cannot forbear to mingle our tears in the general sorrow. 
 His career here was indeed an uninterrupted political 
 struggle and yet few men have left behind them more 
 personal friends among all parties, and now when the 
 hand of death has laid him low we cannot but count our- 
 selves happy to have been permitted to be of that number. 
 Vale, amice, vale ! 
 
 The Legislature was in session. In the Senate, on the 
 15th Wm. L. Greenly, Democratic Senator from Adrian 
 and later Governor of the State, arose and made the 
 f ollomng announcement : 
 
 "Mr. President — Since our ad^journment on yesterday, 
 the mournful intelligence has been received of the death 
 of the Honorable STEVENS T. MASON, the former 
 and first Governor of our State. 
 
 "The first political relations of his life were with us, 
 and as Roon as he had attained his majority he was by the 
 almost unanimous suffrages of our people elected to the 
 chief magistracy of our State. 
 
 "In all his relations with us both as a citizen and a 
 magistrate, he was courteous, generous and liberal; 
 deeply imbued with all those noble qualities which were 
 the governing principles of his life, and created strong 
 attachments which existed between the deceased and the 
 citizens of Michigan. 
 
 "After our political relations were terminated by his 
 voluntary withdrawal from political life, he removed to 
 the city of New York to follow the profession of the law 
 and enjoy the quiet of domestic life. But his earthly 
 happiness was destined to be of short duration. In the 
 midst of his usefulness and in the pride of his manhood, 
 by the interposition of an overruling Providence he has 
 
512 STEVENS T. MASON 
 
 been called to that 'bourne from whence no traveler 
 returns' — and while our tears of sympathy flow freely 
 with those who are personally afflicted by this dispensa- 
 tion, let us invoke the Father of All Mercies to smile 
 upon and console his bereaved family and relations. 
 
 ''Therefoee Be It Resolved, That we deeply sympa- 
 thize with the relations of the late STEVENS T. MASON 
 in their sudden and afflictive bereavement, and in this 
 public manner would tender our heartfelt tribute to the 
 memory of the deceased, as an individual who was deeply 
 imbued with all the sterling virtues of public, social and 
 private life." 
 
 In the House on the same day similar resolutions were 
 offered by Edwin H. Lothrop of Kalamazoo County, a 
 prominent Democratic member, and promptly adopted. 
 A joint committee from both Houses was appointed to 
 prepare public funeral services for the late Governor. 
 These were held on Sunday, January 15, at the Episcopal 
 Church. The gathering was the largest that had ever 
 been seen on such an occasion in Detroit; a procession 
 was formed in front of the Capitol, headed by the Scott 
 and Brady Guards, followed by the officers of the United 
 States Army who were stationed at Detroit, the Gover- 
 nor, Lieutenant Governor, heads of the State Depart- 
 ments, Judges of the Supreme Court, members and 
 officers of the Senate and House of Representatives, the 
 Mayor and Aldermen of the city, members of the Bar, 
 the Detroit Young Men's Society, the Detroit Typo- 
 graphical Society, and citizens. 
 
 The procession marched to St. Paul's Episcopal 
 Church, then located on Woodward Avenue near Con- 
 
THE CLOSING YEARS 513 
 
 gress Street, where Bishop Samuel A. McCroskrey 
 preached the funeral sermon. 
 
 To the sorrowing family in New York and Detroit 
 poured in from all directions evidence of sympathy and 
 regret. The Bar of New York City and of Detroit, the 
 Common Council and Board of Education and other 
 bodies and societies adopted resolutions testifjdng to 
 their regard and respect for the departed, and their 
 appreciation of his character and abilities. Such solace 
 as words can give was furnished in abundance, and it 
 must have been a source of satisfaction and pride to 
 see how unanimous and strong w^as the voice of sorrow. 
 It was evident that the eleven years spent by him within 
 the confines of the Territory and State had not only 
 gained for him respect and admiration for his ability, 
 but in even greater degree had brought him friendly 
 feeling and affection. 
 
 And so the name of Stevens T. Mason became a mem- 
 ory in Michigan. His portrait painted by Alvin Smith, 
 and presented by his friends to the Legislature in 1837 
 was hung on the walls of the old Capitol Building in 
 Detroit, moved to Lansing in 1847 with the removal of 
 the Capitol, took its place in the new State House and 
 when the present building was completed it was placed 
 in the Governor's room where it now hangs and gazes 
 down on the throngs of visitors who stop and admire 
 the youthful and attractive countenance. 
 
 Years passed on. The wife and two of the children, — 
 the boy, young Tom, and the girl on whom their father 
 had spent so much pride and affection died. The father 
 John T. Mason passed away in 1850, and the surviving 
 
514 STEVENS T. MASON 
 
 child, Dorothy, married Col. Edward H. Wright of New- 
 ark, N. J.; their children are numerous enough to bid 
 fair to carry the blood of the Boy Governor down through 
 the ages. The beloved younger sister, Emily, who 
 returned to Virginia and took an active and prominent 
 part during the Civil War on the part of the Confederacy, 
 had always desired to have the mortal remains of her 
 brother brought back for their final resting place to 
 Detroit, the scene of his youthful prominence. 
 
 February 18, 1891, Representative John Minor of 
 Detroit, introduced in the Michigan House of Represent- 
 atives a concurrent resolution reciting the fact of the 
 burial of Governor Mason in New York City, and con- 
 tinued, ''Whereas, Gov. Mason's patriotic services to 
 the State, his tireless energy in behalf of her interests, 
 and notably his great service in the establishment and 
 in defending the interests of the State of University in 
 its infancy, and in projecting the development of her 
 mineral wealth, and in the maintenance of the integrity 
 of her territory, are inseparably connected with the his- 
 tory of the State of Michigan, and are a part of the 
 foundations of her prosperity," followed by a resolution 
 that the family be invited to permit his body to be 
 interred in the grounds of the Capitol. This resolution 
 was favorably reported out on May 14, passed the House 
 unanimously May 22, and the Senate by a like vote five 
 days later. 
 
 It appears from the resolution that the Trustees of 
 the Elmwood Cemetery in Detroit had also tendered a 
 lot for the interment of the body, but nothing was done 
 to bring the remains to Michigan. 
 
 Fourteen more years passed away. In the winter of 
 
THE CLOSING YEARS 515 
 
 1904, Hugo A. Gilmartin, representing the Detroit Free 
 Press in Washington, met Miss Emily Mason and learned 
 of the desire of the Mason family that the body of their 
 relative be moved from its resting place in the New York 
 Cemetery, and correspondence was had with Hon. Law- 
 ton T. Hemans and Gov. Warner. The result was the 
 sending of a communication on May 18, 1905, by the Gov- 
 ernor to the Senate enclosing correspondence \vith Hon. 
 George P. Codd, Mayor of Detroit, showing that the 
 Common Council had offered Capitol Park as a suitable 
 place for the final placing of the remains, and recom- 
 mending that arrangements be made for the removal of 
 the remain -from New York City and their interment in 
 Detroit. 
 
 On reading of the communication Mr. Charles Smith 
 from Hancock, offered a concurrent resolution which was 
 unanimously adopted, using much of the same language 
 found in the resolution of 1891, and concluding: "That 
 the Legislature of the State of Michigan deems it emi- 
 nently fitting that the mortal remains of Governor Mason 
 should rest in the soil of the State he loved and served 
 so well," and that committees of the House and Senate 
 be appointed to act with the Committee of the Common 
 Council of Detroit in preparing suitable ceremonies, and 
 that representatives of the family of the former Gov- 
 ernor be invited to attend the ceremonies. It also pro- 
 vided for the appointment of three commissioners by the 
 Governor to arrange for the transfer and burial of the 
 remains. 
 
 This resolution was transmitted to the House and 
 adopted there unanimously on May 22. The Governor 
 appointed as the Commission, Daniel McCoy of Grand 
 
516 STEVENS T. MASON ' 
 
 Eapids, Lawtoii T. Hemans of Mason, and Arthur L. 
 Holmes of Detroit. A subsequent resolution, passed at 
 the same session authorized the Committee to procure 
 designs and plans for a suitable monument, with esti- 
 mates of cost. 
 
 The Commission went to New York, arranged for the 
 examination of the Phelps Vault and found the remains 
 encased in a mahogany coffin upon which was a silver 
 nameplate bearing the inscription: ''Stevens T. Mason, 
 Died Jan. 4th, 1843." Invitations were issued to the 
 family and the descendants of Governor Mason to accom- 
 pany the Commission to Michigan for participation in 
 the re-interment ceremonies as guests of the State. In 
 response to the invitation there came with the Commis- 
 sion, arriving at Detroit June 4, 1905, Miss Emily V. 
 Mason, the sister, Mrs. Dorothy Wright, the daughter 
 and only surviving child, Capt. William Wright and 
 Edward H. AVright, Jr., grandsons and Stevens T. Mason, 
 a grand-nephew. Upon arrival at Detroit they were met 
 by Gov. Warner and staff, Mayor George P. Codd, a 
 Committee of the Common Council and Committees of 
 the Senate and House of the State Legislature. Com- 
 pany A of the Detroit Light Guard, representing the 
 military body of which Governor Mason was once a mem- 
 ber, was in attendance, and together with a platoon of 
 police, escorted the casket to the Light Guard Armory. 
 In the afternoon at the same place, before an audience 
 of 2,000 persons, impressive ceremonies were held. Rev. 
 D. M. Cooper, who had a vivid recollection of a meeting 
 with Gov. Mason oft'ered a prayer followed by short 
 addresses by the Mayor and Gov. Warner. The principal 
 address was delivered by Mr. Clarence M. Burton, at the 
 
THE CLOSING YEARS 517 
 
 time President of the Michigan Pioneer and Historical 
 Society, which was replete with information and interest 
 about his subject. Mr. Lawton T. Hemans followed with 
 a thoughtful and eloquent tribute and then a procession 
 was formed, marching on Jefferson Avenue to Wood- 
 ward Avenue, up Woodward to Michigan Avenue, on 
 Michigan Avenue to Rowland Street, on Rowland to Cap- 
 itol Square, then with simple services the casket was low- 
 ered to rest under the foundations of the old Capitol 
 building which had witnessed seventy years before the 
 installation of the young man as the first Governor of 
 the new State. 
 
 The next session of the Legislature met in January, 
 1907, and on the 16th of that month the Commission 
 which had been appointed by the Governor made its 
 report, and on the same day Senator Smith of Houghton 
 County introduced a resolution providing for the pro- 
 curing and placing of a statue of Stevens T. Mason, first 
 Governor of Michigan, at the place of his interment in 
 Capitol park in the City of Detroit. February 19 the 
 resolution was passed unanimously and ordered to take 
 immediate effect. The House acted promptly with like 
 result. The resolution appropriated ten thousand dollars 
 for the erection of a suitable monument, and as the com- 
 mission had reported the donation to the State by the 
 Government through the kind offices of United States 
 Senator Russel A. Alger, of sufficient bronze, the main 
 duty of the commission which was continued was the 
 selection of the design and sculptor. 
 
 Albert Weinert of New York was selected as the sculp- 
 tor, and on Decoration Day, 1908, the monument erected 
 in Capitol Square Park was unveiled. Hon. Thomas W. 
 
518 
 
 STEVENS T. MASON 
 
 Palmer presided^ and Emily V. Mason, then 91 years of 
 age, was present and performed the ceremony of unveil- 
 ing the statue. The address of the occasion was delivered 
 by Rev. Walter Elliott, C. S. P., of Washington, D. C, 
 who was born in Detroit and came of a family of his- 
 torical abilities. His choice was probably due to his per- 
 sonal acquaintance with Miss Mason, but the address was 
 worthy of the occasion. It was followed by remarks from 
 Hon. Lawton T. Hemans, Mayor W. B. Thompson and 
 Governor Warner, and a few final words from Dr. James 
 B. Angoll, President of the University of Michigan 
 who drew attention to the valuable services of Gov. Mason 
 in protecting the interests of the University, and which 
 have been recognized by keeping his picture hung upon 
 the wall of the Memorial Building and by naming the 
 north wing of the University Building, Mason Hall. 
 
 And there the statue of Stevens T. Mason stands today, 
 and we trust will stand forever, an enduring monument 
 to a young man of fine abilities, high ideals, lovable 
 character, a fitting first magistrate of a new Common- 
 wealth in the young and vigorous West. 
 
INDEX. 
 
INDEX 
 
 Abbott, Robert, first Auditor General, 212 ; resignation, 463 
 
 Acker, Henry, elected speaker of House, 473 
 
 Adam, John J., in Constitutional Convention of 1825, 159; chosen Secre- 
 tary of Senate, 187 ; member of Democratic State convention in 
 1837, 297 
 
 Anti-Masonic party, William AVoodbridge for Territorial delegate to 
 Congress in 1833, 91-93 
 
 Anti-slavery, organization of Michigan Anti-slavery Society, 251 ; see 
 also Slavery 
 
 Asiatic cholera, see Cholera 
 
 Bacon, Daniel S., brief biographical sketch, 300 ; report of investigation 
 of five million dollar loan, 442-443 
 
 Banks and banking. Governor Mason on, 205-206, 260-261 ; situation in 
 1837, 269-272 ; Michigan's "wild cat" banking law, 272-276 ; in Gov- 
 ernor Mason's message to special session of Legislature in 1837, 
 287-292 ; Governor Mason on "wild cat" banking system, 317-318 ; 
 situation under the general banking law, 362-384 ; State bank recom- 
 mended by Governor Mason in annual message of 1839, 385 ; bill to 
 provide for State bank passed, 385-386, 459 ; repeal of general 
 banking law, 386 ; Michigan State Bank suspended, 459-460 ; see also 
 Money ; Panics 
 
 Barry, John S., Senator in 1835, 188, 216 ; Senator in 1838, 312, 313 
 
 Bates, George C, on Brady Guards, 349 
 
 Beebe, Silas, on spring election in Detroit in 1838, 446-447. 
 
 Biblography, The Revised Statutes of 1S3S, compiled, 457 
 
 Biddle, Edward R., contract with for five million dollar loan, 431 
 
 Biddle, John, vote for in 1835, 176 ; for Lieutenant Governor in 1837, 303 
 
 Biographical sketches. Bacon, Daniel S., 300; Fletcher, William Asa, 
 232-234; Mason, George, 12-14; Morell, George, 235-236; Ransom, 
 Epaphroditus, 236-238; Trowbridge, Charles C, 300; Wells, Heze- 
 kiah G., 301 
 
 Blackburn, Thornton, trial as fugitive slave, 95-97 
 
 Black Hawk, visit to Detroit, 99-100 
 
 Black Hawk war, see War 
 
 Boundaries, Michigan-Ohio boundaiy dispute. 107-151, 164-166 ; last 
 "campaign" of the Toledo war, 170-173 ; Michigan-Ohio boundary 
 question before Congress, 192-200 ; opinion of jurists on right of 
 State to Toledo strip, 457 ; see also Michigan Territory ; Ohio 
 
 Brady Guards, work during Canadian Rebellion, 348-349, 352-354 
 
 Brest, Bank of, financial chicanery of, 370-371 
 
 Bridges, Edwin N., report on condition of banks in 1837, 362-363 
 
 Brown, General Joseph, in Black Hawk war, 75-77 ; commander of 
 Michigan troops in "Toledo War," 140, 143, 170-172 
 
 Campbell, James V., quoted on Constitution of 1835, 162-163 
 
 Canadian Rebellion, see War 
 
 Canals, see Internal Improvements ; St. Mary's Falls ship canal 
 
 Cass, Lewis, seal of State presented to Constitutional Convention of 
 1835, 160; on Michigan-Ohio boundary dispute, 167, 187 
 
522 INDEX 
 
 Census, see Population 
 
 Chilton, Laura Mason, in school, 50; activities of Governor Mason and 
 public conditions in 1840 revealed in letter to, 489 
 
 Cholera, Asiatic, in Michigan Territory, 78-84 ; return in 1834, 119-121 
 
 Cities, in Michigan Territory, 41-44 
 
 Constitution of 1835, provisions of, 161-1G2 ; vote on adoption, 175 
 
 Constitutional Convention of 1835, Act to provide for, 137-138 ; work of, 
 157-161 
 
 Cooper, Rev. David, remembrance of Governor Mason, 328-329 
 
 Counties, in 1830, 39-40; organization of, 479 
 
 ■Courts, see Judicial system 
 
 Crary, Isaac E., vote for in 1837, 302 ; re-elected Congressman, 450-451 
 
 Cnrrency, see Money 
 
 Delafield, John, aids in placing five million dollar loan, 424 
 
 Democratic-Republican party, convention in 1833, 90-91 ; organization 
 of, 155 ; strength in Constitutional Convention of 1835, 157 ; State 
 Convention in 1835. 1G6-168 ; State Convention in 1837, 296-299; elec- 
 tion campaign in 1837, 301-312 ; lack of harmony in party in 1838, 
 447-448 ; State Convention in 1838, 449-451 ; split over election of 
 United States Senator in 1839, 460-462; State Convention in 1839, 
 467-468 ; meeting at Detroit in 1840, 485. 486-487 ; State Convention 
 in 1840, 490-491; campaign of 1840. 491-493 
 
 Detroit, in 1830, 42-44; cholera in, 79-83; Negro riot of 1833, 95-97; 
 Fourth of July celebration in 1833, 97-99; Black Hawk's visit, 
 90-100 ; immigration through, 100-101 ; ordinance to restrict sale of 
 liquor, 119 ; return of Asiatic cholera in 1834, 119-121 ; social life in 
 1835-36, 189-191 : growth of in thirties. 222-223 ; young men's society, 
 223; events of winter of 1837-38, 281-282; steamboat service at, 
 294; election day in 1837, 310-311; sympathetic interest of people 
 in Canadian Rebellion, 334-335, 337 ; organization of Patriot Army 
 of the Northwest, 338 ; case of schooner Ann, 338-344 ; arrival of 
 United States troops to preserve neutrality, 345 ; meeting of citizens 
 to consider defense of frontier, 356 ; banking convention, February, 
 1838, 375-376 ; spring election in 1838, 446 ; conditions in 1840, 489 ; 
 Governor Mason's remains removed to, 515-518 
 
 Doty, James D., part in Michigan-Ohio boundary dispute. 134-135 
 
 Bdmiwds, James M., member of finance committee investigating five 
 million dollar loan in 1841, 498 ; Governor Mason's opinion of, 500 
 
 Edncation, in Michigan Territory, 45-46 ; views in Governor Mason's 
 message, February, 1836, 206-207 ; lands granted by Congress for 
 schools, 226-227 ; work of John D. Pierce, 258-259 ; Governor Mason 
 on school system in message, 1837. 259 ; legislation for organization 
 and support of school system, 266-268 ; Governor Mason's annual 
 message, 1838, 317 ; John D. Pierce re-elected Superintendent of 
 Public Instruction, 463 
 
 Elections, Territorial delegate, 90-93 ; vote on Constitution of 1835, 175 ; 
 State election in 1835, 175-176 ; vote on Congressman in 1837, 302 ; 
 vote in State election in 1837, 311 ; spring election in Detroit, 1838, 
 446-447 ; Congressional election in 1838, 451 ; United States Senator 
 in 1839, 4t)0-462; State campaign in 1839, 469-470; results in 1839, 
 470-471 ; results in April, 1840, 487 ; presidential campaign of 1840, 
 487-493; results in 1840.49.3-494; Unitetl States Senator in 1841, 
 496-497 
 
 Eleetive franchise, see Suffrage 
 
 mas, Edward D.. for Governor in 1837, 303 
 
INDEX 523 
 
 Factions, see Politics 
 
 Farnswortli, Elon, for Governor in 1839, 467; vote for in 1839, 470 
 
 Fees, see Licenses 
 
 Felch, Alpheus, on "wild cat" banks, 366, 371-372 ; for Congressman in 
 1840, 490 
 
 Finances, see State finances 
 
 Fitzgerald, Thomas, for Lieutenant Governor, 467 ; vote for in 1839, 470 
 
 Five million dollar loan, authorized, 279-280; negotiation undertaken, 
 309, 423-424 ; interest increased and bonds issued, 425-426 ; sale of 
 bonds terminated in London, 428-429; arrangements with Morris 
 Canal and Banking Company, 432-435 ; theft of bills for Morris 
 Canal and Banking Company, 435-439 ; arrangements for payments 
 subsequent to theft, 439-440 ; sale of Michigan securities consum- 
 mated, 440-441 ; transaction investigated by legislative committee, 
 442-444 ; Governor Mason's attempt to save State from loss, 471-472 ; 
 investigated by Legislature of 1840, 480-483 ; investigation of in 1841, 
 497-501 
 
 Fletcher, William Asa, biographical sketch, 232-234 
 
 Fort Meigs, Whig gathering in 1840, 490 
 
 Franchise, see Suffrage 
 
 French, in Michigan Territory, 42 
 
 Fugitive slaves, see Negroes ; Slavery 
 
 Fuller, Philo C, elected Speaker of House in 1841, 494 
 
 Fulton, John A., surveys southern boundary line of Michigan, 112 
 
 Genealogy, Mason family, 12-17 
 
 Geological survey, recommendation of Governor Mason in 1837, 258 ; 
 legislative appropriation for, 264 ; Schoolcraft's communication to 
 Governor Mason in 1838, 319-320 
 
 Gidley, Townsend E., in Constitutional Convention of 1835, 157, 160; 
 elected to House in 1837, 311 
 
 Gordon, James Wright, for Lieutenant Governor in 1839, 466 ; vote for 
 in 1839, 470; for United States Senator in 1841, 496 
 
 Governor, see Mason, Stevens Thomson 
 
 Great Lakes, see Lakes, Great 
 
 Greenly, William L., announcement on death of Governor Mason, 511 
 
 Handy, Henry S., commander-in-chief of Patriot Army of the North- 
 west. 338 
 
 Harris, William, survey of southern boundary line of Michigan, 111-112 
 
 Harrison, William Henry, vote for in Michigan, 493 
 
 Hastings, Eurotas P., elected Auditor General, 478 
 
 Health, measures to preserve during cholera epidemic, 78-80 
 
 Highways, see Internal improvements ; Roads 
 
 Hinsdale, Dr. Burke Aaron, on slavery provision in Ordinance of 1787, 
 224 
 
 Homer, John Scott, appointed Secretary of Michigan Territory, 172; 
 difficulties as Secretary, 178-183 
 
 Houghton, Douglass, first State Geologist, 258 ; reports, 322, 323 
 
 Howard, Benjamin C, mediator in Michigan-Ohio boundary dispute, 
 144-148 
 
 Howard, Henry, discloses overdrawing of Governor Mason's salary, 
 325-326 
 
 Howard, Jacob M., on overdrawing of Governor Mason's salary, 326- 
 327 ; for Congressman in 1840, 491 ; vote for in 1840, 493 
 
 Immigration, to Michigan in 1837, 218-219 
 
 Indians. Black Hawk war, 73-78; extinguishment of title to lands in 
 Michigan, 251-253. 
 
524 INDEX 
 
 Internal improvements, railroads chartered in Michigan Territory, 
 116-118 ; Governor Mason's message, February, 1836, 202-205 ; roads 
 and railroads authorized by Legislature in 1836, 214-215; Gov- 
 ernor Mason quoted on in 1837, 262-263 ; plan of Legislature of 
 1837, 276-280: Governor Mason's annual message, 1838, 315-317; 
 railroads incorporated in 1838. 325; organization of Board in 1837, 
 389-390; railroads surveyed and projected in 1837, 392-399; canals 
 projected in 1837, 399-4d2 ; improvement of rivers planned in 1837, 
 402-405 ; contests between sections and between communities, 406 ; 
 first train on central railroad, 406-409 ; appropriations for in 1838, 
 409 ; selection of members of Board in 1838, 410-412 ; situation in 
 
 1839, 417-422; charters granted in 1839, 458; situation in 1841, 
 494-495 ; see also Roads ; St. Mary's Falls ship canal 
 
 Jackson, Andrew, letter of Stevens T. Mason on opposition to his 
 appointment as Secretary of the Michigan Territory, 59-62; hand in 
 Michigan-Ohio boundary dispute. 143-144 
 
 Jeffersonian Democratic ticket, in 1837, 303-304 
 
 Johnson, Vice President, visit to Detroit during election campaign of 
 
 1840, 492 
 
 Jones, De Garmo, chairman of committee to investigate Mason's effort 
 for return of part of five million loan bonds, 479 
 
 Jones, George W., elected Territorial delegate, 176-177 
 
 Judicial system, creation of court system in Michigan, 210-211 ; changes 
 recommended by Governor Mason, 455 
 
 Knox, John J., quoted on Michigan's general banking law, 275 
 
 Kundig, Father Martin, work during cholera in 1834, 120-121 ; paid for 
 care of poor during cholera, 265-266 
 
 Lafayette, guest of Lexington, Ky., 30 
 
 Lakes, Great, steamboats on in thirties. 294-295 
 
 Land, valuable in Upper Peninsula, 212-213 ; granted by Congress to 
 Michigan, 226-227 ; extinguishment of Indian title, 251-253 ; selected 
 under grant of Congress, 253-254 ; veto of bill fixing price of State 
 and Tniversity lands, 462-463 
 
 Laws. The Revised Statutes of 1838, compiled, 457 
 
 Legislature, see Banks and banking; Education; Internal improve- 
 ments ; Mason, Stevens Thomson ; Prisons 
 
 Lenawee County Bank, condition of, 370 
 
 LeRoy, Daniel, first Attorney General of Michigan, 232 
 
 Licen,ses, Govex-nor INIason on, 456 
 
 Liquor, ordinance in Detroit to restrict sale of, 119 
 
 Lucas, Governor Robert, part in Michigan-Ohio boundary dispute, 139, 
 142, 145, 146-150 
 
 Lyon, Lucius, elected Territorial delegate in 18.33, 90, 92-93 ; credit for 
 obtaining Upper Peninsular due to. 195-197; disagreement with 
 colleagues in Congress, 197-198 ; quoted on value of Upper Peninsula, 
 212-213 ; quoted on boundary question, 216-217 ; character, 460 
 
 McClelland, Robert, member of Constitutional Convention of 1835, 157 ; 
 offered, appointment as Bank Commissioner, 274 ; elected member 
 in 1837, 312; candidate for .speaker of House in 1840, 473 
 
 Mackenzie, William Lyon, champion of reform in Canada. 332-333 
 
 Martineau, Harriet, visit to Michigan, 129-130 ; on scenes and conditions 
 on Chicago Road, 219-222 
 
 Mason, Emily, school work, 30 ; quoted on social life in Detroit, 49-50 J ^ 2^ 
 
 Mason, George, career, 12-14 ^ 
 
INDEX 525 
 
 Mason, General John T., education, 16 ; law practice, 17 ; interest in the 
 West, 19; removal to Kentucky, 21-32; misfortune. 83-34; appoint- 
 ment and ser\ice as Secretary of the Territory of Michigan, 36, 
 47-50 ; mission to Mexico, 53-54 ; letter to Stevens T. Mason quoted, 
 153-154; letter on death of Stevens T. Mason, 508-509 
 
 Mason, Stevens Thomson, ancestors, 12-17; birth, 17; early life in 
 Kentucky, 21-24; education, 24, 28; becomes grocer's clerk, 34; 
 removal to Michigan Territory, 37 : experience in government affairs, 
 48-49; appointed Secretary of Michigan Territory, 55; opposition 
 to appointment, 57-64; Acting Governor, 64-65; youthfulness cause 
 of nevpspaper comment, 65-66 ; social life. 66-69, 88-89, 101, 189-192 ; 
 message to Legislative Council in 1832, 70-72 ; orders to militia in 
 Black Hawk war, 75-78 ; nomination as Secretary of Michigan Ter- 
 ritory confirmed, 85-86 ; quoted on election of Territorial delegate, 
 90-92; eastern trip in 1833, 93-94; admission to the bar, 104-105; 
 Acting Governor on death of Governor Porter, 119: admission of 
 Michigan and boundary dispute, 123-124, 126-129, 131-137, 140^141, 
 143, 14-1-145, 146, 149, 228-231, 244-246. suggested franchise clause 
 in Constitution of 1835, 159 ; aci-eptance of nomination for Governor 
 in 1835, 168-169; removed from office of Secretary of Territory by 
 President Jackson, 169-170; removal increases popularity, 173-174; 
 vote for in 1835, 175; personal description of, 184; inaugural 
 address, 184-186 ; message in February, 1836, 201-208 ; Virginia and 
 slavery clause in Ordinance of 1787, 224-225 ; on extinguishment 
 of Indian titles to land, 252 ; recommendation to Legislature of 
 1837. 257-263 ; life-sized portrait of presented to State. 282-283 ; mes- 
 sage to special session of Legislature in 1837 on financial crisis, 
 287-292 ; vote for in 1837, 311 ; recommendations in annual message 
 of 1839, 314-319 ; charged with overdrawing salary, 325-329 ; Cana- 
 dian Rebellion, 335, 337. 339, 341-342, 344-347, ^50; on State bank, 
 376-377, 385 ; answer to appeals for financial relief in 1838, 380 ; on 
 progress of work on internal improvements, 415-416 ; five million dol- 
 lar loan, 309, 423-425, 426-428. 431-442 ; five million dollar loan investi- 
 gated by Legislature of 1839, 442-444; trip east and marriage, 452- 
 453 ; message to fourth Legislature, 454-457 ; attempt to save State 
 from loss through five million dollar loan, 471-472 ; retiring message, 
 473-476 ; efforts for return of portion of five million loan bonds inves- 
 tigated by Whigs, 480-483 ; popularity in 1840 illustrated, 486-487 ; on 
 election of 1840, 487 ; legislative investigation in 1841 of five million 
 dollar loan, 497-501 ; law partnership, 505 ; removal to New York 
 City, 505-508 ; death and burial, 508-510 ; expressions of sorrow in 
 Michigan, 510-513 ; surviving members of family, 513-514 ; legisla- 
 tive action in 181 to remove remains to Michigan. 514 ; removal of 
 remains to Michigan, 515-517 ; status at place of interment, 517-518 
 
 Mason, Thomas, career, 14 
 
 Messages, Governor's, see Mason, Stevens Thomson 
 
 Michigan State Bank, see Banks and banking 
 
 Michigan Territory, government of, 38-39 ; question of statehood liefore 
 people, 86-87 ; boundary dispute with Ohio, 107-151 ; population in 
 1834, 131; Constitutional Convention of 1835, 157-161; question of 
 admission as State before Congress, 192-200; admission consum- 
 mated, 239-250 ; see also Boimdaries ; Cliolera ; Counties ; Elections ; 
 French ; Mason, General John T. ; Mason, Stevens ITaomson ; Militia ; 
 War 
 
526 INDEX 
 
 Militia, Tex'ritorial, reorganization in 1833, 103-104; see also War 
 
 Mines and minerals, interest in sart industry in thirties, 321-323 
 
 Money, Governor Mason's views on, 206, 287-292 ; Act to suspend specie 
 payments, 293 ; "wild cat'' bank bills, 378-379 ; report of bank com- 
 missioners quoted, 381-384; situation in 1838, 430; see also Banks 
 and banking ; Panics 
 
 Monroe, President James, tour through liexington, Kentucky, 26-27 
 
 Morell, George, biographical sketch, 235-236 
 
 Morey, Attorney General Peter, on notes of Farmers and Merchants 
 Bank of St. Joseph. 367 
 
 Morris Canal and Banking Company, Governor Mason's arrangements 
 with, 432-435 ; sale of five million dollar loan bonds consummated, 
 440-441 
 
 Mundy, Edwai'd, nominated for Lieutenant Governor, 166-167; elected 
 Lieutenant Governor, 175 ; renominated in 1837. 298 
 
 Negroes, number in Michigan in 1830, 94 ; riot in 1833, 95-97 ; again occa- 
 sion of uneasiness, 102 ; see also Slavery 
 
 Newspapers, in Michigan Territory, 45 ; comment on youthfulness of 
 Mason, 65-67 ; on dinner to Judges 'Woodbridge, Sibley and Chipman, 
 67-68; comment of The Michigan Argus on Webtser's speech in 
 Detroit, 295-296 ; expressions of sorrow on death of Governor Mason, 
 510-511 
 
 Northwest Territory, plan of Congress for division into states, 108-109 ; 
 see also Boundaries ; Michigan Territory ; Mason, Stevens Thom- 
 son ; Ohio 
 
 Norvell, John, postmaster at Detroit, 84 ; elected United States Sen- 
 ator, 188 
 
 Ohio, State created and admitted, 109-110; bill to establish northern 
 boimdary on "Harris line," 115 ; measures to hold northern boundary 
 against Michigan's claims, 138-139 ; action of assembly to exercise 
 jurisdiction over disputed territory, 149-150 ; see also Boundaries ; 
 Michigan Territory ; Population 
 
 Ordinance of 1787, boundary provisions, 108 
 
 Panics, in 1837, Governor Mason on, 261 ; effect of crisis of 1837, 269- 
 275, 285-286 ; legislative measures to lessen effect. 286-293 ; mone- 
 tary situation in 1838, 430 ; see also Banks and banking ; Money 
 
 Patriot War, see War 
 
 Petitions, consideration by legislative committees, 458-459 
 
 Phelps, Julia Elizabeth, marriage to Governor Mason, 453 
 
 Pierce, John D., report on school system, 258-259; reelected Superin- 
 tendent of Public Instruction, 463 
 
 Pitcher, Dr. Zina, letter of Lucius Lyon to. 216 ; appointed member of 
 Board of Regents of University, 267 ; member of Board of Directors 
 of State Bank, 386 ; elected mayor of Detroit, 486 
 
 Politics, partisan action on appointment of Stevens T. Mason as Secre- 
 tary of Michigan Territory, 57-59; factional quarrel over executive 
 appointments, 69 ; organization of parties in Michigan Territory, 
 155-156; in settlement of Michigan-Ohio boundary question, 193-194; 
 lack of harmony in Michigan delegation in Congi*ess in 1836, 15)6- 
 198 ; see also Anti-Masonic party ; Constitutional Convention of 
 1835; Democratic-Republican party; Elections; Whig party 
 
 Poor, care of during cholera by Father Martin Kundig, 265-266 
 Population, Negroes in Michigan Territory in 1830. 94 ; in eastern half of 
 Northwest Territory in 1800, 109; in Michigan Territory in 1834, 
 131 ; see also Immigration ; Michigan Territory 
 
 £j) 1 
 
INDEX 527 
 
 Porter, Augustus S., elected United States Senator, 478 
 
 Porter, George B., appointed Governor of Michigan Territory, C4 ; quoted 
 on construction of railroads, 117 ; death, 118 
 
 Prison, State, provision for, 265 ; recommendation in Governor Mason's 
 message, 1838, 319 ; location of decided, 320-321 ; law for government 
 and discipline, 457 
 
 Pritchette, Kintzing, private secretary to Governor Porter, 85 : report in 
 1839 as bank commissioner quoted, 381-384 ; effort for return of por- 
 tion of five million loan bonds investigated by Whigs, 480-483 
 
 Prohibtion, see Liquor 
 
 Public Instruction, Superintendent of, see Education ; Pierce, John D. 
 
 Railroads, see Internal improvements ; Roads 
 
 Ransom. Epaphroditus, biographical sketch, 236-238 
 
 Reed, Ebenezer, on judges of Supreme Court of Michigan Territory, 
 67-68 
 
 Richard, Father Gabriel, work during cholera pestilence, 83-84 
 
 Rivers, see Internal improvements 
 
 Roads, in Michigan Territory iii 1830, 40; appropriation for in 1841, 495; 
 see also Internal improvements 
 
 Roberts, Elijah J., Brigadier General of first brigade of Patriot Army 
 of the Northwest, 338 ; clerk of House in 1839, 454 ; candidate for 
 clerk of House in 1840, 473 ; selected to help oversee publication of 
 compiled laws, 505 
 
 Romeyn, Theodore, testimony on five million dollar loan, 443, 499 
 
 Rowland, Thomas, elected Secretary of State, 478 
 
 Rush, Richard, mediator in Michigan-Ohio boimdary dispute. 144-148 
 
 St. Marys Falls ship canal, construction of recommended by Governor 
 Mason. 263 ; appropriation for in 1837. 279 ; contract let for construc- 
 tion of. 414-415 ; trouble with War Department, 419-421 : see also 
 Internal improvements 
 
 Salt industry, see Mines and minerals 
 
 Sawyer. Franklin. Jr., elected Superintendent of Public Instruction, 501 
 
 Schoolcraft, Henry R., treaty with Ottawas and Chippewas. 252-253 
 
 Schools, see Education 
 
 Schwarz, John E.. on committee to learn facts concerning Mason's age, 
 57; Adjutant General of Michigan. 463 
 
 Slavery, Governor Mason's message, February, 1836, 207-208 ; origin of 
 provision in Ordinance of 1787, 224-225 ; Governor Mason on in 
 1839, 456 ; see also Anti-slavery ; Negroes 
 
 Social life, in Detroit in 1835-36, 189-191 
 
 State finances, condition in 1838, 314-315; in 1841, 496; see also Banks 
 and banking ; Money ; Panics 
 
 Steamboats, see Transportation 
 
 Stuart, Charles E., presidential elector in 1840, 491 
 
 Stuart, Robert, elected State Treasurer, 478 
 
 Suffrage, issue in Constitutional Convention of 1835, 158-160 
 
 Superintendent of Public Instruction, see Education ; Pierce, John D, 
 
 Supreme Court, dinner to retiring judges, 66-68 
 
 Territory of Michigan, .see Michigan Territory 
 
 Theller, Dr. Edward A., espoused cause of Canadian Rebellion, 337 
 
 Toledo strip, jurists on Michigan's claim to, 457 ; see also Boundaries ; 
 Michigan Territory 
 
 Towns, see Cities 
 
 Transportation, means of to Michigan Territory, 44-45 ; on Great Lakes 
 in thirties, 294-295; steam navigation on rivers in thirties, 403-404; 
 see also Internal improvements ; Roads 
 
528 INDEX 
 
 Trowbridge, Charles C, quoted on Father Martin Kundig, 120-121 ; brief 
 biographical sketch of, 300; vote for in 1837, 311 
 
 Tyler, John, vote for in Michigan in 1840, 493 
 
 University of Michigan, see Education 
 
 Upper Peninsula, attached to Lower Peninsula by Congress, 195-200 
 
 Yickery, Stephen, elected to House in 1837, 311 ; opposition to annexa- 
 tion of Texas, 325 
 
 War, Black Hawk war, 73-78 ; last "campaign" of the Toledo war, 170- 
 173; Patriot war, 330-361 
 
 Wayne, County of, organization, 108-109 ; dissatisfaction of citizens over 
 exclusion from State of Ohio, 109 
 
 Webster, Daniel, visit to Detroit in 1837, 295 
 
 Wells, Hezekiah G., brief biographical sketch, 301 ; vote for in 1837, 
 302 ; for Congressman in 1838, 448 
 
 Whig party, organization of, 156 ; on Constitution of 1835, 163 ; State con- 
 vention in 1837, 299-330 ; election campaign in 1837, 301-312 ; spring 
 election in Detroit in 1838, 445-447 ; State convention in 1838, 448- 
 presidential campaign in 1840, 485-493 ; see also Democratic-Repub- 
 lican party ; Politics 
 
 Whipple, Judge Charles W., on unconstitutionality of general banking 
 law, 387 
 
 White Pigeon Beet Sugar Company, loan to in 1839, 458 
 
 "Wild-cat" banks, see Banks and banking; Panics 
 
 Williams, John R., in command of militia during Black Hawk war, 
 75-77 
 
 Wing, Austin E., for Territorial delegate to Congress in 1833, 90-93 
 
 Wing, Warner, for United States Senator in 1839, 460-462 
 
 Wisconsin, Territorial delegate elected. 176-177 
 
 Woodbridge, William, enmity of Reed and Sheldon, 67-68; for Terri- 
 torial delegate to Congress on Anti-Masonic ticket in 1833, 91-93 ; 
 for Territorial delegate in 1835, 176-177 : for Governor in 1839, 466 ; 
 vote for in 1839, 470 ; first annual message, 476-477 ; elected United 
 States Senator in 1841, 496-497 
 
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