their tracts further back from the front than would be convenient to work as a farm, together with enough woodland in the rear for firewood and timber, most of them declined to pay the extra cost of surveying out the large tract of 160 acres to which each would have been entitled, which in most cases, would have extended from three to five miles to make up the quantity, and not more than one in ten of them would consent to make their tracts longer than about two miles, and many of them not more than one. But occasionally a claimant more far-seeing or more confident of the future, or perhaps stimulated by some "Yankee" (who had agreed with the claimant to purchase his claim), would extend his claim four miles or more in depth so as to include nearly 640 acres allowed by law. But these cases were exceptional, and did not amount to one in twenty.

Very generally the adjoining claimants would make their claims of the same depth, and most generally about two miles, so as to make the rear of their claims a straight line; but occasionally would come in the midst of them, a more modest claimant, who refused to extend his claim more than about one mile. This, of course, rendered the rear of the body of claims jagged and unequal, and the consequence of this was, that when the Government, some years after, surveyed the public lands, finding a considerable body of claims extending the same distance back and bounded back and bounded alike by one straight line, it omitted to notice the fact that among these claims were some which only extended back about half the distance, and the land in rear of these short claims was thus, by mistake, left unsurveyed, and treated as a part of the claim in front. Although the original claimants knew that these lands were not included in their grants, their descendants, who were generally illiterate, most of them unable to read, really believed that such lands were a part of the front claim which they had inherited, and they treated them as such in perfect good faith, selling, mortgaging and leasing them as if a part of the front grant. And they might well do so in good faith, as the patents for a large portion of these claims were sent on to Michigan in 1812, and were captured by the British on a schooner bringing them. The heirs of the claimants, totally unacquainted with routine, never troubled themselves to inquire, and with their

Be

limited knowledge could not, if they wished, have ascertained the truth in relation to these grants. There were several thousand acres of these so-called "lost lands," many of which were among the best lands in the county. tween 1850 and 1854 (while Hon. Charles Noble was surveyor-general in Michigan) a full and complete survey of such lands was made and returned to the general land office in Washington.

But the difficulty in making provision upon equitable principles for the adjustment of the various complications which had grown up under such a state of things, had prevented any adjustment of these titles, and the truly paternal nature of our Government towards those who have in good faith converted the wilderness into fertile fields, has prevented any hasty legislation which might disturb the occupants of these lands.

The possession of these various tracts of land led to much litigation in Monroe county, and the connection of the public surveys with the prior grants of claims led to some litigation in another way. The surveyor of the private claims did not always make the side line of some claims isolated from the general body of claims, and the government surveyor, on some occasions, included in the public surveys large portions of such claims; and the government lands were bought in good faith, but afterwards found to fall within the patent of prior claims. Such was the case of a purchase of public land by Walcott Lawrence in Raisinville, some nine miles above Monroe on the north side of the river. A large part of his purchase turned out to be within the bounds of a prior patent, or a claim which had been purchased by Christopher Bruckner; and this case, after a long litigation, was settled by the decision of the Supreme Court of Michigan in Bruckner vs. Lawrence, 1 Doug. 19, and all other cases of a similar kind were settled or decided on the basis of this decision.

While on the subject of public lands and land grants, I should state there was one Indian reservation within the limits of Monroe county, of nine sections of land, at a place called Macon, on the River Raisin, where the River Macon falls into the River Raisin. This was reserved to the Ottawa, Chippewa, Wyandot and Pottawatomie Indians by Hull's treaty at Detroit, of November 17, 1807. But

*

The sixteenth article of this treaty granted to the Rector of the Catholic Church of St. Ann, of Detroit, for the use of the said church. and to the corporation of the College of Detroit in common, each one-half of three sections of land at Macon and three sections of land not yet located, and the superintendent of Indian affairs of Michigan (the Governor) was authorized to select the said tract of land. Suit was brought in 1841 by Hon. Isaac P.Christiancy as the attorney of St. Ann's Church, Detroit, to recover the three sections at the Macon for which a patent had been issued January 25, 1826, by the President (John Quincy Adams) to the rector of the church and his successors. It became necessary to ascertain how the patent came to be issued for the three sections at the Macon in severalty to the rector of the church and his successors in office, or how the rector became the owner in severalty. For this purpose it was necessary to ascertain what was the "College of Detroit," and how, if at all, a partition had been made. After a great deal of research and numerous inquiries of the oldest citizens, he finally ascertained the facts in the case from General Cass. He informed Judge Christiancy that the College of Detroit was the nest egg of the University of Michigan. The University had been incorporated by an act of the Governor and judges, drawn up by Judge Woodward, by such a pedantic and uncouth name the Governor and remaining judges refused to adopt the name and we chose to call it the "College of Detroit.” The name given in the act was the "Catholopistemiad." With this information, Judge Christiancy searched and found the act incorporating the "Catholopistemiad," which had never been printed, but had remained unknown to the

public and uncited from the day of its passage. Judge Christiancy found the original record of the action of the church and college in the hands of Mott Williams, Esq., at Detroit, containing a full and formal partition recorded between the rector of the church and the corporation of the college (University) of the three sections yet unlocated to the University. He found also that Austin E. Wing, Philip Seceeyer and Mr. Brown were appointed to examine and select the other three sections on behalf of the University; that they had performed this duty and that they had made an able report, extolling in enthusiastic, though no more than truthful terms, the great excellence of Michigan lands, and the advantages to settlers which Michigan offered over most other States of the Union. Judge Christiancy found that the State had already sold part of the land selected (of these three sections) and thus ratified the partition. As to the other six sections of the reserve, they were proclaimed for sale by the Government in 1839 and 1840, and at his suggestion John D. Pierce, then Superintendent of Public Instruction for the State, applied to have these sections assigned to the State as school lands to make up deficiencies for school sections in the county of Monroe, covered by what were called "the old French private claims." The Judge made out the papers for the signature of the Governor, and the Commissioner of the United States land office at once recognized the claim, and the lands were so assigned. While Judge Christiancy was a member of the Michigan Senate in the winter of 1850, he brought to the attention of Frank Sherman, then Superintendent of Public Instruction, the original charter of the "Catholopistemiad, or University of Michigan," and suggested its publication. He at once accepted the suggestion and in the next report inserted the full text of the act. In this way the original charter of the Michigan University first saw the light in print, and was at last rescued from the oblivion to which its pedantic name had theretofore consigned it.

Great Britain has

ever been the acquisition of territory,

by no means limited to the eastern continent and the isles of the sea. She persisted in her warfare with the Government of France until the year 1763, when she acquired from that Government all of her American possessions, and by treaty claimed the exclusive control until the close of the Revolutionary War in 1783, at which time, by the treaty commonly known as the Jay treaty, she ceded them to the Government of the United States of America. After holding undisputed sway for twenty years, appreciating the vast income derived from our fisheries and grants and licenses to those engaged in the fur-trade, she with great reluctance and with a poor grace re-ceded to our Government all her acquisitions from France. In making this cession by the treaty of 1783 of all the capacious harbors, noble rivers and the Northwest Territory, it was the opinion among many of our eminent statesmen that she ever cherished the desire and determination of regaining them. This opinion was based not only on the well-known desire for acquisition, but from her persistent efforts before and at the time of the treaty to limit our territory as far as practicable, and to the full extent of her power. Satisfied from her experience in the War of the Revolution that they could not be regained by force of arms, the energies of her statesmen were wasted in their efforts to have this vast territory organized into independent states, and to recognize the various Indian nations as independent nations. Could Great Britain have accomplished this purpose through the numerous and powerful tribes of Indians that roamed over these vast tracts of territory which have since become populous States, a large portion of whom were then in sympathy with and allies of the English during the Revolutionary War, she could then by treaty and purchase

that she could not hold by force and arms. She

ized and occupied nearly the whole line of territory on the lakes, and the territory west of Lake Erie would have been an insuperable obstacle to the growth of the Northwest, and would have to-day been subject to the British Government instead of a free and independent government.

This design on the part of Great Britain is further apparent from the fact that although this territory had been, by the treaty of 1783, ceded to our Government, the stipulations of the treaty were not carried out; and for years she retained possession of American ports captured during the Revolutionary War, and was constantly by bribes and presents instigating the savage tribes to make impracticable the settlement of the pioneers in the Northwest Territory. Notwithstanding the stipulations of the treaty of 1783, the British Government, in violation thereof, still retained possession of the territory north of the Ohio, and at the decisive victory of General Wayne after the treaty, the Canadian volunteers and militia constituted a considerable part of the Indian armies. The decisive battle was fought under the walls of a British fort, standing on territory previously ceded to the United States Government.

These violations of a sacred treaty and encroachments upon our territory on the frontier were still more exasperating upon the high seas. Napoleon was at this time in the very zenith of his power; and Great Britain, instead of overthrowing and crushing at once the French Republic, began to tremble for her own safety. The deadly strife that followed exhausted her resources and crippled her strength. She had for years been mistress of the seas, and to supply her navy with seamen, resorted to impressment of not only her own subjects but on American ships of American sailors. She arrested our merchant vessels on the

high seas under the pretense of seeking deserters, and without hesitation with groundless charges forced our sailors into the British navy and pressed them into the service of a hated nation. Over six thousand were known to have been thus impressed into the enemy's navy, though the real number was far in excess of that number. This disregard of treaty obligations and these insults to our Government were not confined to the high seas, but our American merchantmen were boarded on our own coasts and captured. American seamen were pressed into their service in the very harbor of New York. These aggressions on land and violations of laws of nations and treaty stipulations continued, and becoming intensely aggravating, led on the part of our Government to an open declaration of war. The New England States, with fresh recollection of the carnage, bloodshed and strife of the Revolutionary War, with their sympathies for a monarchical form of government, were averse to the declaration of war; and we were not only compelled to encounter the armies and navy of the most powerful nation on land and sea,but to meet with wisdom and great firmness the opposition of a powerful party composed of our own citizens. Having just recovered from the consequences of the long and exhaustive Revolutionary struggle, and feeling the invigorating influence of prosperity, the nation instinctively shrank from a war that would necessarily paralyze her commerce and the rising hopes of a young nation. The Government determined to exhaust all the efforts of diplomacy before resorting to arms, but England's encroachments were so barefaced and outrageous that Thomas Jefferson concluded that patience and forbearance ceased to be virtues, and in communicating his impressions derived from intercourse with the English authorities, writes to our Government from England: "In spite of treaties England is our enemy. Her hatred is deep-rooted and cordial, and nothing with her is wanted but power, to wipe us and the land we live in out of existence."

Assuming the role of dictator, by her orders she not only violated all our rights as a nation while submitting a treaty that was for protection, but plundered our vessels, impressed our seamen and threatened the towns along our coasts with conflagration.

A powerful party within our own borders

that was opposed to the War of 1812 comprised many of the leading statesmen of this country, and it should not appear to us strange when we consider the patriotism that characterized many in the party. Many of the noblest men had offered their lives and fortunes to the cause of liberty in the Revolutionary struggle, and yet regarded the British Government as the best in the world. They made their sacrifices and evinced their patriotism not so much against the form of government, but to be free from its oppressive acts. They admired the British constitution, and took up arms not so much to destroy as to enjoy the rights it guaranteed its subjects.

A great majority of the patriots and statesmen believed that sufficient provocation had been given to justify us in a resort to arms. The impressment of 6,000 or 7,000 seamen, most of them American citizens, the destruction of nearly a thousand merchantmen, and the insults heaped upon our flag, were wrongs which could not be justified.

In anticipation of the War of 1812, General Hull, the Governor of Michigan Territory, had been ordered to occupy the Territory with an army of two thousand men, for the purpose of defending the northwest frontier from the Indians, and in case of war with Great Britain to obtain command of Lake Erie. He would thus be able to co-operate with General Dearborn, who had served in the Revolution and had been appointed commander-in-chief of the northern forces, and had repaired to Plattsburg; while General Van Rensselaer of the New York militia, and General Smith, were stationed on the Niagara frontier.

The design of this work will not admit of following further and in detail the campaign of Generals Dearborn, Van Rensselaer and Smith, having in view the invasion and conquest of Canada, but will be devoted in future to the campaign in the Northwest Territory under the command of General Hull, who had been an officer of merit under General Washington in the Revolutionary War, and whose appointment at that time was considered a very judicious one.

In compliance with the call of the President, authorized by Congress, to the several States in anticipation of a war with Great Britain, Governor Meigs, of Ohio, issued his proclamation and drafted twelve hundred men from Ohio, which with three hundred volunteers under

Colonel Miller, three companies of artillery and a part of the First regiment of infantry, assembled at Dayton, Ohio. The command thereof was by Governor Meigs assigned to General Hull, with instructions from the War Department to march to Detroit with all possible speed. The three regiments, under the command of Colonels Cass, McArthur and Findlay, left Dayton June 1st with over two thousand rank and file for Detroit. While en route for Detroit General Hull at Findlay received information from the Secretary of War that war would probably soon be declared, dated June 8th, 1812; but the declaration of war dated the same day was not received by General Hull until July 2d, at Frenchtown, on the River Raisin, where he rested with his army over one day. On the 1st of July, at Miami, on the Maumee river, General Hull employed a schooner, the Cuyahoga, of which one Chapin was captain, to carry his baggage, hospital stores, intrenching tools and about thirty about thirty officers and privates, with muster rolls, which had just been completed, and with instructions from Secretary of War. The General declared that as he had not then received a declaration of war, the two Governments were yet at peace. But official notice of the declaration of war had been received by the British commander at Malden six days before the declaration was received by General Hull, giving the British officers a great advantage in preparations. When the vessel with army supplies attempted to pass the British fort at Malden it was seized and captured with all on board. This advantage gained over him had a depressing effect on General Hull.

On the 4th of July, General Hull, with his army, reached Huron River, about two miles east of the present site of Gibraltar, and constructed a bridge. Here he was met by troops from Detroit to aid in preparing the road. On the 5th the army crossed the Ecorse and Rouge rivers and reached the same evening Springwells, having traveled over 200 miles through an almost unbroken wilderness and forests, building bridges as they came to streams and rivers, wading through the memorable black swamp, enduring great hardships. On the morning of the 6th of July General Hull ordered General Cass to Malden with a flag of truce to demand the baggage and prisoners captured on the schooner Cuyahoga. On bis arrival at Malden he was

blindfolded, his demands refused, and he was escorted back to Detroit.

General Hull, having reached Detroit with his capable and patriotic officers and army of 2,000 men, could have easily captured Malden, and was urged to the necessity of doing something to carry out the objects of the campaign. On the 12th of July he yielded to the pressure and marched with his army to Sandwich. Here he paused and was vacillating; to the great disgust of his officers, he halted four days; issued a proclamation to the Canadians, and sent out detachments penetrating into the country. After this delay, General Hull sent Colonels Lewis Cass and Miller with a detachment of 280 men, toward Malden. These officers pushed on to the River Canard, within four miles of the British fort at Malden, drove in the pickets, took possession of and held the bridge, and immediately dispatched a messenger to General Hull announcing their success. For some unaccountable reason General Hull, instead of being gratified at their success, seemed irritated, condemned the attack, and directed the immediate return of the detachment to Detroit. The brave officers persisted in their request to attack the enemy to no purpose.

From the statements of the British afterwards, it appeared that the approach of this detachment filled the British garrison with alarm; their shipping was brought up to the wharves and the loading of baggage and stores commenced preparatory to flight. Two sides of the fort were dilapidated, while 700 men, of whom only 100 were regulars, constituted the entire garrison. From the panic which the approach of Colonels Cass and Miller created, there is no doubt that the appearance of General Hull's army of 2,000 men before the place would have been followed by an immediate surrender. The American officers and army felt certain of success and were impatient to be led to the attack; but General Hull thought it unsafe to advance without heavy artillery, and desired to know the effect of his proclamation. Two thousand men quietly waited for this miserable garrison of 700 men, 600 of whom were Canadian militia, restrained by the vacillating course of the commanding officer. The American army was kept in this position three weeks. When at length two twenty-pounders and three howitzers were mounted and with the ammunition placed on floating batteries,