tice of ordering the digging of trenches, cutting of wood, and mounting guard by the militia, without official authority, and without calling the men employed regularly into the public service, and entitling them to such compensation as the laws of the land and the necessities of their families entitle them to, is illegal, oppressive, and unjust; and that it is expedient to appoint a committee of this legislature to inquire into, and report on the oppressions and vexations so much complained of by the inhabitants of this Territory, the said committee to have power to send for persons and papers.

VIII

WHEREAS, The means of information, both with respect to the present and rising generation, are deplorably deficient in this Territory, and,

WHEREAS, It is one of the permanent articles of compact between the original states and the people of this Territory, that "religion, morality, and knowledge being necessary to good government, and the happiness of mankind, schools, and the means of education, shall forever be encouraged," therefore

Resolved, That it is expedient to provide by law for the establishment of one or more seminaries of learning in the Territory of Michigan.

IX

WHEREAS, There is at present no safe and convenient road through this Territory, and,

WHEREAS, The foot of the rapids of the river Miami, which enters into Lake Erie, is a point in the geography of the country designated by nature as that by which the main route connecting this country with the American States on the south ought to pass, therefore,

Resolved, That it is expedient to provide by law for the establishment of a permanent road and highway from the foot of the rapids of the river Miami. which enters into Lake Erie, due north, having regard to the highest and driest ground, until the same approaches the vicinity of the city of Detroit, then to assume an easterly direction, until the same enters into the town of Detroit; and so as to be susceptible of continuation at a future time to the Saginaw country, and the northern extreme of the peninsula.

Χ

WHEREAS, The variety of government and laws through which it has been the fate of this country successively to pass has had a tendency to introduce complexity, confusion, and distraction, therefore,

Resolved, That it is expedient to revise all the laws which have successively been in force in this Territory, and re-enact such of them as may be found necessary and suitable to its present circumstances, and that after such revision fully made, it will be expedient to provide that the continue, or common law of France, the ordinances of the government of France, the common law of England, or such parts thereof as have been found inexpedient, acts of the British parliament, the laws of the late Territory of the United States northwest of the river Ohio, and laws of the Territory of Indiana, excepting so far as it will be found desirable to re-enact them under the authority of this government, ought to cease to have operation.

ΧΙ

Resolved, That the expenditure of public money by the Executive Magistrate of this territory, on his own authority, without the sanction of law, is irregular, oppressive and unjust, and that it is expedient to appoint a committee to inquire into the amount so drawn from the public resources; and whether the amount so drawn has been fully re-imbursed, and if not, whether any, and what means can be taken to obtain a reimbursement thereof.

XII

Resolved, That the permanence of liberty in the United States of America, and its acceptability in future times to mankind in general, has greatly depended on the public conduct of the earlier chief magistrates of this growing and stupendous republic; and that the determination of George Washington the first president of the United States, and of Thomas Jefferson, the president, to decline a re-election to the presidency of the United States, after having served for two terms with public approbation, is calculated to exhibit conspicuously in history a high and unquestionable testimonial of their personal virtue, alike honorable to their country and useful to mankind.

XIII

Resolved, That this government will view with unfeigned satisfaction the elevation of James Madison, of the Commonwealth of Virginia, to the presi-, dency of the United States during this ensuing term.

59

REPORT

DETROIT, December 23d, 1808.

I inclose, my Lord Chief Justice, for your perusal, the report of Gov. Hull on your resolutions. This gentleman was appointed the committee against my vote and against my protest.

When may we expect to see you here. I have not heard from you since you left New Amsterdam.

The committee to whom was referred the resolutions presented to this legislature on the 17th day of October last, by Augustus B. Woodward, one of the judges of the Supreme Court, a member of this legislature, makes the following

Report

That it is necessary, in the first place, for the committee to premise, that two of the resolutions are not pending before the legislature, but were unanimously adopted as soon as they were presented. One, contains an eulogy on the characters of Washington and Jefferson, for the illustrious examples they have exhibited in their voluntary retirement from the presidency of the United States. The other the satisfaction of this government at the elevation of James Madison to that important office during the ensuing term. None of the other resolutions have been acted upon, and they now remain for the consideration of the board. They are so mixed together that it is impossible without confusion, to consider them in the order, or rather disorder, in which they were presented.

The committee will begin with the 8th resolution, which recommends the establishment of schools for the education of children in the territory. Nothing can be more laudable, nothing more useful. It will advance the future prosperity of the country and the happiness of millions yet unborn. To effectuate so important a measure, every means in our power ought to be exerted; our labors ought never to cease until the object is accomplished.

The 9th resolution proposes a road from the foot of the rapids of the Miami, which enters into Lake Erie, to Detroit. This is a measure which the public convenience requires; it will give great facility to our intercourse with the states, and especially advance the prosperity of the country. Indeed the necessity of this communication is so evident that no arguments are necessary to impress it upon this legislature. Measures are already in on this subject. The 10th resolution recommends a revision of the laws, and a compression of them into one code, at as early a period as possible, and is desirable to effect this object. The various governments, which it has been the for

tune of the people, who inhabit this country, to be under, and the different laws to which they have been subjected, have created perplexities and embarrassments which it is desirable to remove. By the ordinance of congress, not possessing the power of making, but only of adopting the laws of the original states, at every step which is taken is legislation, difficulties are presented. However well the coat may be made, the same will not fit every person. There are peculiar circumstances relating to the situation of every country. In legislating, it is necessary to take them into consideration, and adopt the laws accordingly.

It would be of happiness to the committee if in the exercise of the most liberal candor any other of the resolutions could have been found, entitled to merit, or which could be improved by the legislature, to produce the least possible benefit. On the contrary they are unfounded in principle or in truth, irrelevant to the duties or powers of this legislature, calculated to destroy the energy of the government, to insult the patriotism of the people, excite insubordination in the militia, and to deprive private families of those comforts which flow from the dearest of all connections. It is only necessary to consider them, to prove the truth of this declaration.

The first resolution, after premising that the reports which have been circulated respecting an invasion by a savage force, were unfounded, provides, that it is expedient to appoint a committee of this legislature, to examine into the causes and origin of the said unfounded and alarming reports, and to report whether it will be necessary to take any measures, and that the committee be clothed with powers to send for persons and papers.

Without giving any opinion, whatever, whether the measure contained in this resolution, does not transcend the powers of this legislature, the committee respectfully observes, that from his own knowledge of the transaction, and from his best information he has been able to collect from others on the subject, he is satisfied beyond all doubt whatever that the fact premised in the resolution, and on which it is predicated, is false and without any foundation.

Being predicated in falsehood, it would be improper for this legislature to take any measures in consequence of it.

The second resolution states that in consequence of the unfounded and alarming reports, respecting an invasion by a savage force, the government of the United States have been induced to defray the expenses of unauthorized fortifications for the defence of the town of Detroit; and that such fortifications are injurious to the interests and prosperity of the town, etc.

The resolution then suggests the expediency that this government shall represent to the government of the United States that such reports are

unfounded, and have been emitted for sinister and speculating purposes, and to request that the fortifications may be removed without delay.

This resolution being predicated on the same fact as the preceding one, the committee repeat the same opinion as was there given. On this occasion the committee can not but express surprise and astonishment, that an officer of the government, with the knowledge or means of knowledge he possessed. should have been so lost to all sense of duty, so dead to the sensibility and well founded apprehension of the people, as to have brought forward such a resolution.

Without imputing it to any malignity of heart, your committee is willing it should be considered as having arisen from his devotion to his darling child, the plan of the city of Detroit. It is deeply to be regretted that he ever had influence sufficient to have brought that plan into existence. certainly the most unfortunate act of the administration of this government. In experiment it is found to be ill adapted to the situation and circumstances of the town. When those resolutions were presented he ought to have remembered the situation of the country and the feeling of the people at the time those fortifications were undertaken. He ought to have remembered that the commander-in-chief condescended to write him to view the ground. and give his opinion with respect to the expediency of the measure; that he then expressed his approbation, and urged and offered his personal services in the execution of it. He ought further to have remembered the caution and preparations which for a long time he made for his own safety and the safety of his property; that everything belonging to him was kept constantly locked up in his saddle-bags, and on various alarms, he appeared on the parade with his hair standing on end, and with his saddle-bags, instead of his arms, in his hands. The committee has deemed it necessary to note these facts and make these observations to show that the author of the resolutions had entertained different opinions on the subject. On this resolution it is the opinion of the committee that it is not expedient to request the government of the United States to remove the fortifications; and if the legislature should make any representation on the subject, it ought to be to have them increased and strengthened.

The third resolution states an opinion, that the governor has no authority to issue brevet commissions to officers in the militia, and a request that such as have been issued be laid before the legislature. In attending to this reso lution the committee finds in the ordinance of Congress, which is the constitution of this territory, the following provision: "The governor, for the time being, shall be commander-in-chief of the militia, appoint and commis sion all officers in the same below the rank of general officers." In exam