reciprocity of services, their native claims having long, as to time, been extinguished, and their honor and good faith having been repeatedly pledged for his protection, is uniformly regarded as their brother, and with him they are disposed to make a common cause. Hence justice, and liberal justice, to the Canadian inhabitant is an important point of policy in the conduct of the American Government towards the aboriginal inhabitants.

The extent of the Canadian extinguishments of Indian title, though in itself indefinite, appears first to have received limits in the treaty of fort McIntosh, in 1785. We there first find a written dereliction of Indian claim for a breadth of six miles from La Riviere aux Raisins, now called Rosine, on Lake Erie, to the lake St. Clair. In the subsequent treaty of fort Harman, in 1789, the same dereliction if confirmed. In the ulterior treaty of Greenville, in 1795, the confirmation is repeated, and additions made.

The treaty with Great Britain, of 1783, and the subsequent one of 1794, was made for the accomplishment of great national objects, having very little connexion with Canadian and Indian claims. The treaties of fort McIntosh, fort Harmar, and of Greenville, were all formed on other far more important points; and the quantity of extinguished Indian title in Michigan, recognized by them is less to be considered as an acquisition of new title, than a definition of the old. The expense of these negotations, therefore, can scarcely be said, in any sense, to attach to this country; and, perhaps it may be truly said that all the Indian title at present extinguished within the Territory of Michigan has not cost the United States a single dollar, but is entirely a recognition of a previous but indefinite title, extinguished by the Canadians. Hence a question will arise, whether it is more than barely justice to the inhabitants to allow them the whole of this part, or otherwise to permit the proceeds of it to be applied to their benefit, in the education of their youth, in the erection of public buildings, such as court-houses and jails, which the late conflagration has entirely deprived them of, and in laying out roads, and other improvements in their country. Next to the adjustment of the old titles, comes the acquisition of new. It is believed that at this period, and in a particular mode, a very large portion of Indian title may be shortly extinguished; but as this part of the subject may hereafter be deemed confidential, it is made the subject of a distinct report.

On an occasion like the present, it may not be unadvisable to revise some of the regulations relative to the territory.

On all the subjects requiring legislation, the present Government act

with difficulty, and, on many, cannot act at all. All laws will be found to operate on particular places, times, and persons; and in no State which enters into the composition of the American Union, will an abstract code of principles be discovered free from a connexion, and that a very close one, with the places, times, and persons, affected by them. Hence the strict adoption of any code, or even of any one law, becomes impossible. To make it applicable, it must be adapted to the geography of the country, to its temporary circumstances and exigencies, and to all the particular character of the persons over whom it is to operate. Hitherto it has been religiously the object to follow what has been deemed the substance of the law, whatever modifications the form of it was obliged to undergo. But different minds will not always correspond in sentiment on what is substance, and what is form; and in all the litigations which arise under laws, those affecting the validity of the law itself are the most intricate and difficult. Hence, in a country whose administration ought to be marked with simplicity, intricacy, procrastination, and uncertainty in affairs, result. To adopt laws from the original States, the laws of the original States ought to be furnished; and, waiving the difficulty and expense of procuring them, what body of men, under the pressure of im mediate business, can acquire a complete acquaintance with them? The possession of all the codes, if it were possible, and a complete acquaintance with their contents, would still prove an abortive cure; for, in many very simple cases, a strict precedent will be searched in vain. In the object to establish a ferry, to regulate the affairs of any district, to erect a courthouse, or to institute a school, however urgent the call, however obvious the means, it must often be abandoned for want of a precedent that will apply; and often, when attempted, may be defeated, from the want of a strict correspondence between the law made and the precedent from which it professes to be adopted? The real security for the prevalence of republican principals rests not in a provision of this awkward kind; for, even in the codes of the State the disciple of aristocracy may sometimes find a weapon. It rests in the general probability that the administrations of this description will be conformable to the general administration. It rests in the parental control of Congress. Experience is the best test of the propriety or impropriety of a law; and if a law be made which gives dissatisfaction, the natural resort is to the authority first making for its correction, and when from defect of power or of inclination the evil is found irremediable by them to superior authority.

The requiring a possession of certain quantities of land in various officers is not only impracticable in the present instance, but the policy

on which the provision may have originally been grounded has ceased to exist.

The southern boundary of the territory is indefinite. Though, in the present maps of the United States, a line of latitude through the southern bend of lake Michigan appears to strike lake Erie near the mouth of the Miami, yet, in the maps of Arrowsmith and M'Kenzie, such a line of latitude would not strike lake Erie, but pass entirely south of it. The anxiety of the southern settlers of the territory is great not to be attached to the State of Ohio, which would be incommodious to them, but to Michigan, which is so much more convenient. The western end of lake Erie, even from Sandusky, would feel this convenience.

The case of the Wyandot Indians deserves the consideration of Government. They live in two towns, Maguaga and Brown's town, within the limits of the American title. To the treaty of fort Harmar a clause was annexed, stipulating that they might remain unmolested. In the treaty of Greenville, this provision is omitted. They constantly assert, and there are not wanting reputable citizens who join them in the assertion, that they were solemnly promised by General Wayne a continuance of the indulgence. It may, therefore, be worthy of serious considerations whether it may not be advisable, in the adjustment of titles, to recognise their possessions, and invest them with the character of citizens.

William Hull1

Governor of the Territory of Michigan.

A. B. Woodward.

Presiding Judge of the Territory of Michigan.

Sir

WILLIAM HULL TO JAMES MADISON.

[Papers and Records of the Territories, Vol. I, 1790-1813.]

Newton,* Massa. 8th May 1805.

I have received a Letter from the Secretary of the Treasury, in answer to mine of the 12th of April, which was referred to him, stating, "that

"This report is printed in Vol. 16, of the American State Papers, (Gales & Seaton Edition 1832) and is reprinted here to be more readily accessible. There are many other papers in this volume of the American State Papers relating to early land grants and to the confirmations by the various commissioners appointed to settle Michigan land titles.

*This was Gov. Hull's home and where he died Nov. 29th, 1825; he was born at Derby, Conn., June 24th, 1753. His appointment was confirmed March 1st, 1805; Michigan Territory came into existence July 1st, 1805.-H. S. B.

it is not yet ascertained, whether there are any lands in the Michigan Territory, unappropriated; and that no lands will be offered for sale, untill after the report of the Commissioners is laid before Congress

From this statement, it does not appear, that the Governor and other officers will be able to procure a title to the quantity, which is made a qualification while in the exercise of their offices

The ordinance of Congress, which is referred to by the law, and adopted for the Government of the territory, provides "The Governor must reside in the district, and have a freehold Estate therein in one thousand acres of land, while in the exercise of his office"-The question is, whether it will be propper for him, to organize the government, and enter on the duties of his Office, without this qualification

Presuming, that it will be necessary for the government to go into operation the 1st of July, I shall be at New York on my way to Detroit, by the 20th of may, where I wish you to address any letters, you may think necessary to write, to the care of John McKesson Esq. No. 245. Broad Way- I have no doubt measures will be taken to remove the difficulty, I have stated, or such an explanation will be given, as to make it appear unnecessary at present

It must, Sir, be obvious to the government, that removing so great a distance with my family, will be attended with very considerable expence. I see no provision in the law to defray it

I would ask, whether in similar cases, it is not usual to make an Allowance, and whether, if the President should think it reasonable, he is not authorized in some way, to do it, by considering it a necessary incidental charge. Whatever is propper on this head, I presume will be done

The 1st of June, three months will have expired, since the date of my Commission. It would be convenient to me to have a mode pointed out by which I could receive on my arrival at New York, my pay for one quarter of a Year, and a further advance, if it should be deemed propper. On this head, please to address letters to me at New York, by the 20th of may- The Law is silent, with respect, to the manner in which the oaths are to be administered- If I should not be informed on this subject, I shall appy [sic] to a Judge, or some other Officer of the U. S. who has been duly qualified- I hope however when I arrive at New York, I shall receive advice from you on this subject.

I hope, the Laws which I mentioned in my former Letter will be forwarded, so as to be at Detroit by the 1st of July- The ordinance provides, that "The Governor and Judges are authorized to adopt and publish, in the district such laws of the original States, criminal and civil,

as may be necessary and best suited to the circumstances of the district, and report them to Congress, etc. If therefore the laws of all the States could be procured, it appears to me, it would be expedient

I am informed, there is no printing press in the Territory- It appears to me, it will be absolutely necessary, for the publication of the laws, and a convenience for various other purposes- If I can engage a Printer to go, on his own account, I certainly shall- If I cannot, will not the necessity of the case render it fit, that an allowance should be made in the first instance, for the purpose of making the establishment

If, in this letter, I have made any applications, which ought to have been made to the other departments of the Government, you will excuse it, and my apology is that I have not been conversant with the affairs of the general Government- I am with very great respect, your most obedt. Serv1

J. Madison Esq. Secretary of State.

Wm Hull.

Sir

WILLIAM HULL TO JAMES MADISON.

[Papers and Records of the Territories, Vol. I, 1790-1813.]

Albany 3d June 1805.

Before I arrived at this place, Judge Paterson* had left it, and I have applied to the Vice-President of the United States, and he has administred the Oaths to me This, I presume will be thought propper and supercede the Necessity of authorizing any person at Detroit to administer the Oaths

I have with me the laws of the U. States, and of the State of New York* The former were delivered to me by Mr. Gilson, and the latter I procured from Mr. McKesson, with an engagement, that Mr. Gilson should restore them to him- The laws of Indiana Territory, and the late Territory north west of the Ohio, we shall have immediate occasion forI am with much respect your most

James Madison Esq.

obedt. Servt William Hull

Sec. of State.

*William Paterson of Albany was then on the U. S. Supreme Bench.-H. S. B.