ining the executive records, it appears that all the officers which have been appointed and commissioned by the governor are below the rank of general officers. It is likewise found to be the practice of all governments, and it has likewise been the practice of the government of the United States to grant brevet commissions. Without making a question of the right, it is not expedient in the opinion of the committee to request the governor to lay before them a list of brevet commissions that he may have issued.

The fourth resolution states that the governor has formed negroes, who were slaves, into a military company, and has granted to such persons commissions or other authority, and that some of them had deserted from their masters, residing in Upper Canada, and it contains a request that such commissions, or other authority, should be laid before the legislature. To this resolution the committee has paid particular attention, and on examination it is found to be true that the governor has given permission to the black male inhabitants to exercise as a military company; that he has appointed a black man by the name of Peter Denison to command them; and has given him a written license for the purpose; though not in the form of a military commission. It further appears that this company has frequently appeared under arms, and has made considerable progress in military discipline. That they have ever conducted in an orderly manner, manifested on all occasions an attachment to our government and a determination to aid in the defence of the country whenever their services should be required.

With respect to any of them being slaves, the committee only observes that they were black persons, who resided in the Territory, and were not claimed as slaves by any person or persons in the original States. They were persons residing in the Territory, subject to the laws, and entitled to the protection of the government. That some of them had been claimed by the subjects of his Britannic Majesty, and that the mover of the resolution had solemnly determined, in his judicial capacity, that they could not be restored and held as such.

The committee further observes, that the 1st section of an act concerning the militia of this Territory, provides, that every free, able-bodied, male inhabitant, of an age described in said act, shall be enrolled and made liable to do military duty, and the ordinance of congress, which is the constitution of this Territory, contains the following article:

"There shall be neither slavery, nor involuntary servitude in the said Territory, otherwise than is punishment of crimes, whereof the party shall have been duly convicted." This is an article of compact declared to be unalterable unless by the common consent of the original States and the people of the Territory.

Under this view of the subject, the committee is of the opinion that the conduct of the executive in availing the country of the services of their black people, was not only proper but highly commendable; especially as it was at a period when the safety and protection of the Territory appeared to require all the force which could be possibly collected.

The 5th resolution implicates the governor for issuing commissions to persons as justices of the peace for the Territory, which is stated to be contrary to the ordinance of congress, and consequently tends to disturb the peace of families, by drawing into question the legitimacy of marriages.

As this resolution and the observations made by the mover of it, at the time it was presented, has sensibly affected the feelings of one of the most respectable characters of the Territory, it becomes necessary fully to investigate it. If the executive was unauthorized to make such appointments, let the censure fall on him. If the resolution was wantonly and unnecessarily brought forward, the mover of it has committed the injury.

The question then is, had the governor a right to commission persons as justices of the peace through the Territory. The ordinance of congress of 1787 is the legitimate source from whence he derives his authority.

It is provided in this ordinance that the laws which are adopted shall have effect in all parts of the district, that is, all parts of the Territory. In consequence of this provision in the ordinance, the whole Territory, on the 3d day of July, 1805, was constituted into one general district, by competent authority. This act has been laid before congress and has not been disapproved. And the ordinance provides that all magistrates and other civil officers, not herein otherwise directed, shall during the continuance of this temporary government, be appointed by the governor. This district was formed for the express purpose of executing process, civil and criminal, in every part of the Territory. It followed of course, therefore, that magistrates of this description should be appointed, otherwise the objects of the law could not be executed. It is therefore the opinion of your committee that the governor in making these appointments, has discharged a duty which necessarily devolved on him, and has acted in conformity to the authority which he possessed, and that justices whose jurisdiction extends through the Territory are legitimate officers of the government.

The sixth resolution relates to the powers exercised by the governor in removing officers of his own appointment from office. Although it would be a sufficient answer to this, as in fact to the other resolutions, to say that the legislature possesses no powers to act on the subject, yet as it has been presented by a member of the board, it may be expedient to give an opinion with respect to its merits.

On this subject, then, it is only necessary to observe that officers appointed by the governor, by the tenor of their commissions, hold their offices during his pleasure, and of course he must have a right to remove them when he

thinks proper.

The seventh resolution complains that the governor has called out the militia for the purpose of keeping guards and making preparations for the defense of the country.

The committee in the investigation of this subject, finds it to be a fact, that at the time when it was expected a war would have taken place between the United States and England, and when there were assembled at Amherstburg, a British post near this place, a vast body of savages, the governor called on the militia, in the neighborhood of Detroit, to keep guards and patrols, and to erect fortifications for the safety and protection of the country. In examining the powers of the governor on this subject, it is found that by the ordinance of congress, he is commander-in-chief of the militia, and that by an act of this legislature, entitled an act concerning the militia of the territory of Michigan, it is provided that the commander-in-chief may, in case of invasion, insurrection or other occurrence, when he shall judge it necessary, order out any proportion of the militia, and when so ordered out they shall be subject to his orders, or the order of such military officer or officers as he shall appoint to command them.

It is therefore the opinion of the committee, that the governor only discharged a necessary duty, and that it is unnecessary to make any inquiry or send for persons and papers.

The eleventh resolution, which is the only one which has not been considered, states that the governor has drawn and expended the public money for objects where no appropriation was made by law, and proposes that a committee should be appointed to inquire what sum has been thus drawn, whether it has been reimbursed, and if it has not, what means can be taken for a reimbursement.

The importance of this resolution has led the committee to a particular investigation of it. The accounts of the treasury have been examined, and it appears that every cent for which the governor has given warrants, since the commencement of the government, has been in consequence of appropriations made by law.

It appears, however, that in the month of June, 1806, when the governor arrived in the Territory, after having been absent during the winter, he found the Territory in a state of alarm, on account of the hostile intentions of the Indians. That Stanley Griswold, the former secretary, and on whom the duties of governor had devolved during the absence of the governor, had

called out the militia, and had commenced a stockade, designed for the defense of the town of Detroit. That the militia had been much fatigued with the labor; that it was a season of the year when their labor was necessary on their farms, and they expressed a strong desire to be released from the duties they had been called to perform. It appears that the governor called together a number of the officers of the government and advised with them what measures would be most expedient to adopt. They recommended that they should be dismissed, and a contract should be made to complete the work. It was accordingly done, and there being no appropriation for the purpose, and only one judge then in the Territory, so that a legislature could not be formed, the governor consented, though reluctantly, to give an order on the marshal, who had public money in his hands, for the necessary sum, which amounted to something more than one hundred dollars. This was done by the advice and concurrence of Judge Bates, the only judge present. For this sum the governor considered himself accountable, unless the legis lature should have ready an appropriation. Such an appropriation never was made. The committee, however, has the satisfaction to inform the board that this whole sum has been reimbursed by the general government.

Under all the circumstances of the case the committee is of the opinion that it is unnecessary to offer any resolutions, as measures, are already in train for opening a road from Detroit to the foot of the rapids, and systems are forming for the establishment of schools and the revision of the laws. With respect to all the other resolutions, the committee is of the opinion they are founded in prejudice and are undeserving the consideration of the legislature.

All which is respectfully submitted.

It is now late at night, and I am so much fatigued by a daily attendance on the legislature and exhausted with the transcript of this report, that I will conclude with expressing a hope that you are passing your time agreeably at Washington, and condoling with you for the loss of the all heavenly (for surely such a composition could not be of earth and water) Miss Duane. Your friend and servant,

JOHN GRIFFIN.

Do me credit, since you so well know my habits, for the extreme length of this letter, and if at this moment you should be treading "on the primrose paths of dalliance," think how very remote I am from either pleasure or amusement. The legislature has been pretty tough upon our acquaintance Flanagan. He tells me he is writing to you all circumstances. Until I hear from you I shall write no more-indeed it is time to stop, for the codicil will

soon be more voluminous than the will. I must, however, tell you that Miss Maisonville has not been here since your departure.

You can not hit it, hit it, hit it, you can not hit it my dear man,

An I can not, can not, can not, an I can not, some other can.

Jubeo te bene valere, but alas, you never would quotation.

營

the merit of accurate

PROTEST BY JUDGE WOODWARD AGAINST THE SALE OF CERTAIN LANDS IN DETROIT, JUNE 1, 1818

WHEREAS, Lewis Cass, governor of the territory of Michigan, and John Griffin and James Witherell, two of the judges of the said Territory, are proceeding to sell, or pretend to sell, certain parts of the town and city of Detroit, laying them out into farms or plantations, containing one hundred and sixty acres, or thereabouts, in a square form, and bounded by lines an:1 courses entirely at variance with the lines and courses of the grand avenues, streets, and lanes, or alleys of the said city of Detroit, and under no condition to admit at any future time, the free passage of the said grand avenues, avenues, streets and lanes of the said city of Detroit, and,

WHEREAS, Certain persons, of whom the above named John Griffin and James Witherell, two of the judges aforesaid, are two, did heretofore sell or pretend to sell, certain parts of the said city of Detroit, lying and situated between the said farms above alluded to, and the settled parts of the said city, and commonly called out-lots, in farms, plantations, or lots, containing five or ten acres, some more, and some less, and meted and bounded in like manner by lines and courses entirely at variance with the lines and courses of the grand avenues, avenues, streets and lanes of the said city of Detroit, and without any conditions for the future free passage of the same, or any reservations of public spaces of ground, according to the plan of the said city of Detroit, if ever, by the gradual progression and growth of the settlements, buildings, and establishments of the said city, the same should be required for the use of the inhabitants of the said city, and,

WHEREAS, The said proceedings are, in the judgment of the undersigned, one of the judges in and over the said Territory, injurious to the good people of the Territory of Michigan, and to that portion of them residing in the city of Detroit, particularly, and in violation of law contravening public faith, and the undersigned, therefore, feels himself under an obligation to record his protestation against the said proceedings; now, therefore, in consequence of the premises, the undersigned assigns the following reasons for protesting against the said proceedings.