For a period of eighteen years did Gov. Cass devote himself to the faithful performance of his administration as governor of the Michigan territory, amid the privations and hardships of a frontier life. During the first stages of territorial existence, the duties incumbent upon the executive are more numerous and onerous than under any other form of organization. Not only is he the executive officer, upon whom devolves the duty to see to the faithful execution of the laws, but he is the principal component of the legislative department. Under the ordinance of 1787, the powers conferred upon the executive and legislative department are very extensive; so much so as almost to reach a point repugnant to the spirit of our constitution and free institutions. The voice and will of the people, which in our government is justly held to be the source of power, in the first grade of territorial government under the ordinance, is entirely lost sight of, and their rights and privileges subjected to the will and caprice of rulers, exercising authority over them, by appointment from the general government. Under such circumstances it might happen, that the people of the territory would find a tyrannical and exacting ruler placed over them, whose oppressions, though bearing upon them severely, might not be an infraction of the letter or spirit of the law. In a thousand ways might such a ruler prove an annoyance and an infliction, without giving cause or opportunity for his removal. Great latitude is left by the law which prescribes his powers and duties; and innumerable are the instances where he might prove to be a scourge and injury to the people. Nor would it be at all wonderful, circumstanced as the territory then was, should there have been an occasional instance where an individual might deem his rights infringed, or his liberty as a citizen of a republican government limited by the acts of a territorial governor, however wise or humane, or careful of acting only under the sanction of legal authority clearly expressed. Yet, during the whole of Gov. Cass' administration, there is no evidence of the existence of a single murmur or complaint against him. No exemption from liability to err, is claimed for him; nor is it pretended that his measures and conduct were free from imperfection; but it is stated as a proof of his devoted attention to the wants of those whom he was called upon to govern, his readiness to listen to and adopt the sug

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gestions of the wisdom and experience of others. It is hazarding but little to assert, that there is not in the history of our own country, at least, an instance of governmental policy and practice where so much was effected and so little objected to; where there were so many conflicting causes to be brought into harmony; so so much concession to be obtained; so many changes in daily and habitual customs to be wrought, as in that period, following the close of the war of 1812, in the territory of Michigan. The true secret of the success of Gov. Cass, was his reverence for that democratic principle, which teaches all in authority under our institutions and laws, to regard the wishes and feelings of the governed. The opinions of the people were held in respect; and basing his administration upon the adoption of the simple, but well established political truth, that, from the people, emanates all power in a republican government, he conformed his practice thereto, and never gave an arbitrary or overdrawn construction to the organic law of his government, whereby his own powers might be constructively increased, while the rights of the people would be proportionally diminished.

In the speech of Gov. Cass, delivered June 7th, 1824, to the first legislative body convened in the territory of Michigan, the inherent right of the people to the control of public officers, is thus spoken of:

"The legislative power, heretofore exercised, has been vested in officers over whom the people had no direct control. Authority thus held, is certainly liable to abuse; but its practical operation was restrained and secured as well by the limitations provided in the fundamental ordinance, as by the spirit of our institutions and the superintending control of the general government. Still that change in our political system, which gives to the people the right of electing their own Legislature, is not only correct in principle, but will be found most salutary in its operation.

"The power of appointment to office in free governments, presents for solution, a doubtful and delicate question. In this territorial government, that power is vested in the Executive alone. I feel no disposition on the one hand, to shrink from any necessary responsibility, nor on the other, tenaciously to retain any power originally granted for the public good, but which the public interest now requires should be surrendered. The ordinance of Congress, which forms the basis of our political fabric, was passed thirty-five years ago. It was a political experiment, and successive alterations have been made, and to remedy defects which experience has shown to exist and to accommodate its principles to the advancing opinions of the age. My own observation has satisfied me, that a beneficial change may be made in the mode of appointment to office. All township and corporation, and many county officers, and particularly those whose duties relate to the fiscal and police concerns of the respective counties,

should be elected by the people. In the appointment of others, it appears to me proper to give to the council a participation. No system which has been adopted in the United States, upon this subject, is better calculated to effect the object, than that which requires a nomination by an Executive magistrate, and the concurrence of a deliberative body. By these means we have the advantage of individual responsibility in the nomination, and also a check upon its abuse, in the required concurrence of a co-ordinate branch of the government."

On the subjects of schools and education, Gov. Cass, in the same speech, says:

"The importance of this subject to our present and future prosperity, must be too well appreciated to require any observation from me. A practical and well digested system, which should extend to all the advantages of education, would be of inestimable value to this young and growing community. A more acceptable service could not be rendered to our fellow citizens; and no more equitable tax can be levied in any country, than one whose application is directed to preparing its citizens for appreicating and preserving the blessings of self government.”

In relation to the accountability of the representative to his constituents, the Governor, at that early day in our history, expressed the following sentiments. The provision introduced in the lately adopted constitution of the state of Michigan, in regard to representative districts, is only carrying into practice the principle recommended by Gov. Cass, thirty years ago. The Governor says:

"It is always desirable, that the connection between the representative and constituent should be as intimate as practicable; and with this view, districts are usually established, within which it may fairly be presumed, the electors will be acquainted with the characters and pretensions of those who request their suffrages. When these districts are extensive, and particularly when they embrace a whole state or territory, the immediate accountability of the representative to those among whom he lives, and who know him best, is weakened. I believe it would be expedient to divide the territory into districts, and assign to each the election of two members of the council."

The

The proceedings of this, the first legislative assembly, excited paramount and universal interest among the inhabitants. Governor's message was looked upon as the guide which should direct their proceedings, and to it the attention of the community was directed. So intimately connected with the public life of Gov. Cass, is the condition, growth and prosperity of the territory, that a full account of the one cannot be given without connecting it more or less with the other. By setting forth the principal topics discussed in the Governor's message, the reader will at the same time obtain the most accurate information of the state of the country, and a convincing proof of the thorough knowledge pos-

sessed by its chief magistrate of its condition, wants, and capacities. The objects recommended by the Governor as requiring legislative action, were,-the establishment of a system of township government, in which matters of local police might be regulated by the people in their primary meetings; the power of appointment and removal of territorial officers; a limitation to the tenure of some of the offices, in order that a more faithful performance of the duties belonging to them might be secured; the necessity of providing competent means for examining and redressing complaints against public officers; the necessity of enacting laws whereby fugitives from justice should be delivered up; the organization of courts, which should make the dispensation of justice convenient and attainable in remote parts of the territory; the advantages to be derived from an efficient organization of the territorial militia; the benefits which would result mutually to the constituent and the representative, by a division of the territory into districts; the importance of a practical and well digested system of schools and education; the situation of the roads; changes in the territorial code of laws; and the finances of the territory. These prominent subjects, fraught with the destiny of the territory, were discussed in the message in a manner commensurate with their bearing upon the welfare of the people. The legislative council were governed in their deliberations by the recommendations of the message, and the suggestions of the executive were responded to by enactments.

In 1824, Gov. Cass recommended to the general government that steps should be taken to obtain from the Indians of Lake Superior, the right to explore that country for mining purposes, and to remove such ore or precious metals as might be found there. There were objections then existing to an absolute purchase of the country from the Indians, while all the advantages to be derived, would be quite as well attained by gaining the consent of the Indians to prosecute mining operations, without a cession of their title. The region, which has now become celebrated for its metalliferous fruitfulness, and which is daily becoming settled by enterprising and laborious inhabitants, was known as early as in the year 1824, to abound in rich mines of copper and iron. Recent explorations and successful results of mining for the last

four years, substantiate the accuracy of the conclusions drawn by Governor Cass in 1824, as to the anticipated value of the Lake Superior country. Writing on this subject, in November of that year, to Col. Benton, of the United States Senate, Governor Cass remarks:

"The metalliferous region is upon and about the lake shore, and the extinction of the Indian title to such a portion of it as may be deemed advantageous, would not diminish their means of subsistence. But I still think, as I thought originally, that it would be most proper to negotiate with them for the right to explore the country, and carry on mining operations, wherever appearances may promise the most productive result. All the advantages we could expect to derive from the mineral riches of the country, would be gained by the right to procure and take away any portion of them.

"No calculation can be made of the extent and pecuniary value of these copper mines. No doubt is entertained but that the metal may be procured with as much ease as in any part of the world. In fact, it is well known, that large masses of pure malleable copper have been discovered in different parts of the country; and there is every reason to believe, that, when those regions are fully explored, these masses will be found to be still more abundant.

"The cost of making the purchase I have described, may be kept within the sum of ten thousand dollars, and full justice be done to the Indians interested. It might, I doubt not, be made for a much less sum, were it consonant to the principles or policy of the Government to procure cessions from the Indians at the lowest possible rate. But it is due to the character of our country, and to the feelings of our citizens, that, in our negotiations with these wretched people, we should remember our own strength and wealth, and their weakness and poverty. That we should look back upon what they have lost, and we have gained, and never forget the great moral debt we owe them."

In pursuance of the suggestion of Gov. Cass, a bill passed the Senate of the United States, at its succeeding session, authorizing the President of the United States to appoint a commissioner to treat with the Indians, for permission to search for copper on the south shore of Lake Superior. The bill, unfortunately, was lost in the House of Representatives. A year or two afterwards, the necessity for such an arrangement became so obvious, that Congress could no longer withhold its assent. In the treaty made with the Chippewas in August, 1826, right was granted to the United States to search for and carry away any metals or minerals from any part of their country.

In August, 1818, John C. Calhoun, then Secretary of War, called the attention of Gov Cass to the policy of removing the Six Nation of Indians, of the State of New York, to west of the Mississippi. He was instructed, that when he should meet them