by the convention, to attend the following session of Congress, in behalf of Michigan, to procure an unconditional admission into the Union, or, if that were not possible, one more just in its provisions and more regardful of the well established rights of the territory.

The action of this convention was not sustained by the people generally, and means were at once adopted to call another. Accordingly, another convention assembled at the same place, in December of the same year, and, after one day's session, on the 15th of that month, unanimously resolved to assent to the requirement of the act of Congress, at the same time declaring it to be the opinion of the convention,

"That the Congress of the United States had no constitutional right to require the assent aforesaid, as a condition preliminary to the admission of the State into the Union.

"Nevertheless, as the Congress have required such assent to the condition, and as the interest and prosperity of the State will be greatly advanced by our immediate admission into the Union, as one of its sovereign States; and the people of the said State, are solicitous to give to her sister States, and to the world, unequivocal proof of her desire to promote the tranquility and harmony of the confederacy, and to perpetuate the unity, liberty, and prosperity of the country;

Therefore, be it resolved, by the people of Michigan in convention assembled, that the assent required in the foregoing recited act of the Congress of the United States, is hereby given."

When the proceedings of this latter convention were submitted to Congress, the validity of the convention was questioned, inasmuch as it was not, as the prior one had been, authorized by any legislative act, but was called by parties friendly to immediate admission, and being only an expression of a portion of the people of Michigan, not binding upon those who had refused to participate. The character of the proceedings prevented many members from voting in favor of the final act of admission; but, after much discussion, the act "to admit the State of Michigan into the Union upon an equal footing with the original States," was passed and became a law on the 26th day of January, in the year 1837. The thoroughly democratic tone of the Governor's messages,

"

measures.

especially in reference to the accountability of public officers to the people, received from all parties the highest commendation. He assumed the position, that the purity of Government, the incorruptibility of officers, was in proportion as they were closely or remotely connected with the true sovereigns of the country--the source of all power-the people. He says in his message of November 2d, 1826 : "I have heretofore submitted to the Legislature, my views in relation to the establishment of a system of township government; but I deem the subject so important, that I must again recommend it to your attention. These institutions have elsewhere produced the most beneficial effects upon the character of the community, and upon the general course of public They embrace within their scope, those questions of local police, which are interesting to every citizen, and which every citizen is competent to discuss and determine. In the more extensive concerns of a county, the necessary regulations for these subordinate matters cannot be adopted and enforced. Besides, in proportion as all governments recede from the people, they become liable to abuse. Whatever authority can be conveniently exercised in primary assemblies, may be deposited there with safety. They furnish practical schools for the consideration of political subjects; and no one can revert to the early history of our revolutionary struggle, without being sensible, that to their operation we are indebted for much of the energy, unanimity, and intelligence which were displayed by our government, and people, at that momentous crisis."

In a special message, transmitted by Governor Cass, to the Legislative Council, November 22d, 1826, he expresses the following sentiments on the same subject: "The act of Congress, changing the mode of appointments to office, in this territory, by requiring that nominations should be made by the Governor to the Council, and the act of the Territorial Legislature, limiting the tenure of certain offices, have made important changes in this. branch of our local government.

"It appears to me proper, on the first occasion of a general appointment to office, that I should submit to you, principles by which I shall be guided, in the discharge of that portion of the duty which is entrusted to me.

"It is necessary that all persons, bearing office, should possess the proper qualifications and enjoy the confidence of the community. Whenever either of these requisites is wanting, the office will be executed with diminished usefulness. It is not possible, that the comparative claims of all who are proposed, or who are applicants, can be known to the nominating power. He must proceed upon such information as may be given to him. The au thority is vested in him, not for his own sake, but for that of the community. I have always considered myself, in the execution of this duty, a trustee for the public, called upon to perform a speci fic act, in which they alone were interested. There are circumstances, connected with the nature and duties of certain offices, and with the exercise of public suffrage, which render it inexpedient, that all appointments should be filled by popular elections. Where, however, this authority can be deposited with most safety, is a political problem, respecting which much difference of sentiment has prevailed in the United States. Latterly, the opinion has gained ground that the constitution of the general government furnishes the best model for imitation, and that the right of nomination, vested in a single individual, and the right of confirmation or rejection, vested in a representative body, afforded the greatest security which can be devised for the prudent exercise of this power. An elective body is too often without responsibility, and a single individual without control. By uniting the advantages of both, we provide, as far as human institutions can do, against the abuse of this delegated authority.

"An expression of the public opinion ought to have great weight in all nominations to office. Where it is unanimous or uncontradicted, it should be conclusive. In county offices, newly created or occasionally vacated, where the citizens assemble upon proper notice, and without any concealment, and by the form of an election, recommend a person to office, I can conceive few reasons which would justify the neglect of such an application. The process appears to me as little liable to objection as any other by which the qualifications of candidates can be ascertained. But the practical difficulty is, that there is frequently such a contrariéty of sentiment, that no general opinion can be collected. Counter meetings are held, and remonstrances transmitted, and different

names are presented to the Executive for each office, supported by the recommendation of respectable citizens. Under such circumstances, there is but a choice of difficulties, and a selection must be made, as the facts in each case may seem to require. I sincerely trust, when any of our fellow citizens find the person recommended by them has not received the office applied for, that they will attribute the result to the duty of examining the whole ground, and of attending to all the representations which may be made, and not to the slightest disregard of their wishes or opinions. It is a task which, however it may be executed with delicacy, must yet be executed with firmness."

On another occasion, the Governor sent the following special message to the Council :

"At the late session of Congress, an act was passed, extending to the citizens of Florida and Arkansas the privilege of choosing almost all their officers holding their offices under territorial laws; and authorizing the local legislature to appoint the few not eligible by the people. I see no reason why the principles of this act, should not be extended to this territory, and I submit for your consideration the expediency of an application to Congress for that purpose. It will be found that appointments to office thus made, will be more satisfactory than when they are made upon the nomination of a single individual. The people in their respective counties are better acquainted with the qualifications of candidates for county offices, than an Executive magistrate can be, and more competent to determine upon them. This measure would give to the people a direct and proper influence in the management of their affairs-an influence which at all times ought to be exerted in a republican government, and which will be more fully exerted in that change in our political condition to which we are rapidly approaching."

The following opinions of Governor Cass, on ill-advised and frequent legislation, altering, amending, and repealing laws only partially tested, will be admitted by every one to be sound and judicious, and abundantly supported by the experience of the last thirty years. He says:

"Our code of laws must accommodate itself to the progress of our institutions, and to the more important changes in public opinion. A little observation and reflection, however, will satisfy us that in the United States, generally, legislative experiments have been made too frequently, and with too much facility. Laws are no sooner known, than they are repealed. Important innovations are made upon established principles; and experience, the only sure test in matters of legislation, soon demonstrates their inefficacy, and they give way to some statutory provision. I trust that a character of permanency will be given to the laws you are about to revise, and that after engrafting upon them such provisions as have been found salutary, they will be left to operate until our legal institutions shall be matured by time and experience."

CHAPTER VIII.

Gov. Cass is called by Gen. Jackson to the Head of the War Department-Motives prompting the selection of Gov. Cass-The popularity of the New Cabinet-Proceedings of the citizens of Detroit on the departure of Gov. Cass for Washington-Address of Major Biddle in behalf of the people of MichiganReply of Gov. Cass-He assumes the duties of the department-His Indian policy while Secretary-Black Hawk war-His preparations to bring the contest to a speedy close-Reforms introduced by Gov. Cass in his departmentTheir popularity-The Indian difficulties in Georgia-Decision of the Supreme Court of The United States reviewed by Gov. Cass-His position sustained by the people and adopted by the President-Defences of the Country-Gov. Cass' views on the subject-Controversy between the Bank of United States and the administration-Nullification-Action of the administration.

In 1831, upon the re-organization, of Gen Jackson's Cabinet, Governor Cass was called by that remarkable man, to the head of the department of war. The venerable patriot who then held' the office of President, possessed among characteristics which made him pre-eminent over his fellow men, that of an accurate and ready perception of the character and capacity of others. The peculiar circumstances attending the dissolution of his first cabinet; his own position before the American people, as one, from whom much was expected, deeply impressed him with the paramount necessity of calling around him, to aid him in the discharge of his high responsibility, the first minds of the nation. More than ever, was the utmost care and prudence needful in the selection of his advisers. In this crisis the President justified by his action, his reputation for sound judgment and foresight. He called to his Cabinet, Edward Livingston of Louisiana, as Secretary of State; Levi Woodbury of New Hampshire, Secretary of the Navy; Louis Mc Lane of Maryland, Secretary of the Treasury; Lewis Cass of Michigan, Secretary of War. Roger B. Taney of Maryland was appointed Attorney General. Public opinion at once, decided that a more judicious or popular cabinet could not be formed. The individuals composing it, were well known throughout the country, as among the most distinguished men of the nation, of whom the Republic was proud. They had all been in public life, and were