TOGETHER WITH THE DOCUMENTS ACCOMPANYING THE SAME, REPORT, OF THE SELECT COMMITTEE, TO WHICH THE SAID MESSAGE AND DOCUMENTS WERE REFERRED, PRESENTED BY MR. DOTY, Chairman. DETROIT: SHELDON M'KNIGHT, PRINTER. .1835. 1-59-4 Huwihib, tacks 1-4-46 MESSAGE. To the Legislative Council of the Territory of Michigan : Important considerations, fellow citizens, arising from the controversy in which we are unhappily engaged, relative to our southern boundary, demanding your deliberation, have induced me to call you together at this time; and although aware that another session of the Legislative Council was not anticipated by the public, at a period when we are so soon to change our form of government, I trust, that when all the circumstances requiring it are examined and understood, a full justification will be found for the measure. Communications of a recent date, having advised me to accept a compromise offered by the state of Ohio, the terms of which, as I conceive, would wrest from us the rights which we are endeavoring to maintain, I have been impelled by a sense of duty to ask your views, and to consult the wishes of your constituents. Sensible that I possessed neither the inclination nor the power to adjust the controversy on the conditions proposed, and feeling unwilling to assume the high and fearful responsibility of bringing upon our country consequences of the gravest character, by my single determination, I have appealed to the wisdom of the immediate representatives of the people for their counsel and advice. I have done this the more readily, when I recollect the firmness with which they have heretofore asserted and guarded the integrity of our territorial limits. if any aid should be required. I mention this order and quote its language, for the purpose of showing, that from the moment of the vaunting boast of "a million of freemen," the use of military force was contemplated by her, although the authorities of the state have proclaimed to the nation her intended measures to have been exclusively pacific. Having received information through the Secretary of State, about the time of the arrival of the Governor of Ohio at Perrysburgh, that the President, in his deep anxiety for the adjustment of the controversy without a collision, had appointed commissioners of high character as mediators between the parties, I addressed a note to His Excellency the Governor of Ohio, giving him the information, and submitting to his consideration the propriety of delaying his measures until after their arrival. My communication I conceived to be couched in mild and respectful lsnguage; but although not intended as such, it was viewed as "a tissue of threats and menaces." Nothing could have induced me to have excited feelings which were already embittered; and that my motives should have been misconstrued, was to me a source of regret. I remarked that it was far from my intention to dictate, but that I made the suggestion for a suspension of operations from motives and feelings which I trusted would be understood and appreciated; and that I earnestly hoped that on the arrival of the commissioners appointed by the President, an arrangement might be made, that would relieve the nation from the contemplation of a controversy, which, if persevered ed in, would lead to consequences ever to be regretted. In making this advance, I was actuated only by a desire to prevent a collision between the two authorities, and I had flattered myself that I had appealed to one, whose age, wisdom, experience and patriotism, would insure a successful result.Had the conciliatory feelings manifested by Michigan been met by a spirit of forbearance, much of the bitterness, which is now mingled with the controversy, might have been avoided. But I will not pursue the subject. It would ill-become me to speak of the manner in which the propositions of Michi - gan have been met by the Executive of Ohio. Self-respect, and the official courtesy due from one state to another, forbid the imitation of an irritating example, however elevated may be the source from which it has proceeded. On the arrival of Mr. Rush. and Mr. Howard, the government commissioners, and after an unsuccessful interview held by them with the Governor of Ohio, at which they endeaored to induce him to delay the execution of the law of his state until after the next session of Congress, I was called upon by those gentlemen to suspend the operation of the territorial law of February 12, 1835, entitled "An act to prevent the exercise of a foreign jurisdiction within the limits of the territory of Michigan." In their note of the 10th April, they submit for consideration, whether there cannot be found, within the scope of the power of the executive, a mode of dispensing with the rigorous enforcement of a criminal law, and urge that as the act of February 12th was submitted to the revisal of Congress, it was the wish of the federal government that under no state of excitement should resort be had to force under this law, until an opportunity should be afforded for its repeal by Congress, if that body should deem such a measure expedient. At my first interview with the commissioners, I had informed them, that if the authorities of Ohio would withdraw for the present all claim to jurisdiction, I believed that no obstacle to the re-marking of Harris's line would be interposed by the citizens of Michigan. This compromise having been rejected by Governor Lucas, I was not a little surprised that greater concessions were demanded from Michigan. In my answer to the commissioners, I informed them, that as the Executiveof the territory, I could have no authority to interfere with the regular operatians of the laws; that the courts of justice must be permitted to pursue their course unchecked; that the only power belonging to the Executive, to prevent the rigorous enforcement of a criminal law, was the pardoning power, and that power could only be applied to individual cases, after the authority of the courts had been expended; |
