The domain of the Territory of Michigan was more than doubled by an act of Congress passed June 28, 1834, which added to it the territory now embraced in the states of Iowa, Minnesota, and that part of Dakota which lies east of the Missouri River. It was provided that "the inhabitants therein shall be entitled to the same privileges and immunities as the other citizens of Michigan Territory."

CHAPTER XIV.

LEGISLATION PREVIOUS TO 1835.

The last chapter was devoted to an account of civil government for a period of 322 years, during which Wisconsin was successively under the dominion of Spain, of France, of Great Britain, Virginia, and the United States.

To present in a connected way that feature of civil government, which consists of its legislation, during the same period- or more correctly the latter half of it is the purpose of this chapter.

The first actual occupation of the Northwest Territory, as has been seen, was by the French.

During this possession which continued until 1763, when it was succeeded by British occupancy, the customs of Paris and the ordinances of the Kingdom with certain arrets and decrees of the Canadian authorities, constituted the rule of civil conduct in that extensive region of country.

The administration of justice however seems to have been limited to the more densely settled portions of the country. There only, courts of justice were established.

These laws were never enforced at any of the northern posts, or in the settlements which grew up in their vicinity. The parish priest and a few intelligent Frenchmen might have been provided with a copy of the" Coutume de Paris," but there was no judicial officer to administer it.

He

The only civil officer located at any of these posts, was a notary public duly commissioned by the governor. was an educated man, versed in the "Coutume" and a very important official, in view of the duties which devolved

upon him. He was required to keep a register, in which he recorded all the legal instruments drawn by him. It was his duty to keep the original document, and to furnish the parties interested with certified copies. Some of these instruments have been the subject of litigation in modern times.

In all matters of controversy between the inhabitants, justice was administered by the commandant of the post in a summary manner. The party complaining obtained a notification to his adversary of his complaint accompanied by a command to render justice. If this had no effect he was notified to appear before the commandant on a particular day and answer the complaint; and if the last notice was neglected, a sergeant and file of men were sent to bring him. The recusant was fined and kept in prison until he did his adversary justice. There was no sheriff and no costs.

But the practical administration of laws during this period was exceedingly limited in its effects, in that portion of the Northwest now constituting Wisconsin. The only inhabitants to be affected by it were at Green Bay, and possibly at Prairie du Chien. We have seen that as late as 1745 the colony at Green Bay did not exceed eight persons, and it is not probable that it was materially increased before the post was occupied by British troops in 1761. It is a matter of serious doubt whether there were any inhabitants at Prairie du Chien until after the jurisdiction passed to Great Britain.

On the 7th of October, 1763, immediately after the transfer of the country, the British King established by proclamation four separate and distinct governments, called Que-. bec, East and West Florida and Grenada, and at the same time introduced into these provinces the civil and criminal laws of England, but no part of the territory north of the Ohio river was embraced within the limits of either, and for a period of eleven years that portion of the country appeared to be without the pale of civil government.

In 1774 a bill was introduced into Parliament as a government measure to make "more effectual provisions for the Government of Quebec in North America." Upon motion of Burke the bill was amended so as to embrace the whole Northwest Territory which was declared to be "annexed to and made a part of the Province of Quebec."

The bill was passed and the domain which is now Wisconsin was subjected to its provisions by which

"Canadian subjects were to hold and enjoy their property and possessions, with all customs and usages relative thereto, and all their civil rights in as large, ample and beneficial manner as if the proclamation, ordinances and other acts had not been passed; and it is declared that in all matters of controversy, relative to property and civil rights resort should be had to the laws of Canada, as the rule for the decisions of the same. All suits relative to such property and rights, were to be determined agreeably to such laws and customs until altered by the Governor and Legislative Council. The owner of lands, goods or credits had a right to alienate the same in his life-time, by deed of sale, gift or otherwise or to devise or bequeath the same, at his death, by last will or testament to be executed either according to the laws of Canada or the laws of England. The criminal law of England was to be continued in force in the Province. The King might appoint a council, who should have power and authority to make ordinances for the peace, welfare and good government of the Province, with the consent of the Governor, and which were to be also approved by the King; but no ordinance should be made touching religion, or by which any punishment might be inflicted greater than fine and imprisonment for three months, until approved by the King."

Such were the principal provisions of the act, which the Old Congress in 1774 denounced as unjust, because it

"Extended the Province, so as to border on the western frontier of the colonies, establishing an arbitrary government therein, and discouraged the settlement of British subjects in that wide extended country · thus by the influence of evil principles and ancient prejudices, to dispose the inhabitants to act with hostility to the Protestant Colonies whenever a wicked ministry shall choose to direct them."

This is the law which in the Declaration of Independence is referred to as one of those "acts of pretended legislation" to which the King had given his assent, in these words:

"For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies."

Notwithstanding the adoption of this law the inhabitants of the district of country "annexed to and made a part of the province of Quebec" were not yet destined to realize the benefit of a civil government. A few justices of the peace were commissioned but this was all.

A citizen of Detroit, who went there in 1778, relates that in 1779, the governor

"Getting tired of administering justice, proposed to the merchants to establish a court of trustees, with jurisdiction extending to £10 Halifax currency. Eighteen of these entered into a bond that three of them should be a weekly court, in rotation, and that they should defend any appeal which might be taken from their decision. They rendered judgment and issued execution, and imprisoned the defendant in the guard house."

Neither the change of sovereigns or of laws seems to have

resulted in any benefit to the inhabitants of that portion of the annexed country, which now constitutes Michigan or Wisconsin. No courts had been established, no competent judge appointed, or jail erected. The settlements were still too remote from the provincial capital, and intercourse difficult, and at times impracticable. The fostering care of these governments was almost entirely withheld from the early settlers.

At length the Captain-General of the Province, by proclamation in 1788, laid out the province into separate districts; and that which embraces Michigan and Wisconsin was called "Hesse."

On the 25th of November, 1790, the Imperial Parliament passed another act, by which it divided the Province of Quebec into two provinces, to be called the Province of Upper and Lower Canada respectively, each of which was to have a Legislative Council and General Assembly to make all laws not repugnant to that act, and to be approved by the King or the Governor,

The Governor with the Executive Council (appointed by the King) were, in each of the Provinces, created a court of civil jurisdiction for hearing and determining appeals. The act declares that the lands in Upper Canada (comprising Michigan and Wisconsin) should be granted in fee and common socage as in England, and that any person holding lands should be entitled to a fresh grant if desired.

The Legislature of Upper Canada by an act passed October 15, 1792

"Repealed the law of Canada and every part thereof, as forming a rule of decision in all matters of controversy relative to property and civil rights, but this was "not to affect existing rights, claims on real property, contracts or securities already executed."

From the passing of this act, in all matters of controversy relative to property and civil rights, it is declared that resort should be had to the laws of England as the rule for the decision of the same, and further

"That all matters relative to testimony and legal proof in the investigation of fact and the forms thereof, in the several courts of law and equity, should be regulated by the rules of evidence in England."

Further legislation introduced jury trial, established a court of request in each district, and provided for the building of a court-house and jail in every district.

Among the acts passed in 1793 was one fixing the terms and places of holding the Courts of General Quarter Ses

sions of the Peace, and another establishing a Court of Probate, and also a Surrogate Court in all the districts.

An act was also passed the same year to prevent the further introduction of slaves, and to limit the term of contracts for servitude within the province. The term was

restricted to nine years from the date of the contract.

"The owners of slaves at that time were confirmed in their property therein. The children that should be born of female slaves were to remain in the service of the owner of their mother until the age of twenty-five years, when they were to be discharged. In case any issue should be born of children during their infant servitude or after, such issue were entitled to all the rights and privileges of free-born subjects."

In 1794 an act was passed for the regulation of juries. Also in the same year an act "to establish a Superior Court of civil and criminal jurisdiction, and to regulate the Court of Appeal."

The Court of King's Bench was required to be held by the Chief Justice and two Puisne judges; and its sessions were to be held "in the city, town, or place where the Governor or Lieutenant Governor should usually reside." The act is very minute in detailing the proceedings and practice of the court.

The Court of Appeals was to consist of the Governor, Lieutenant Governor, or the Chief Justice, together with any two or more members of the executive council. The judges below might assign their reasons, but not give their votes on the appeal.

An act to establish a court for the cognizance of small causes in each district was passed. By this act "the court for the Western District is required to be holden in the town of Detroit."

In this year the Governor was authorized by law to license practitioners in the law. These were to be

"Liege subjects, not exceeding sixteen in number, as he should deem, from their education, probity, and condition in life, best qualified to act as advocates and attorneys;" they were then "holden as duly authorized to receive fees for practicing in any of the courts."

In 1795 a law was enacted "for the public registering of deeds, conveyances, wills, and other incumbrances which might be made or affect real estate." It prescribes the manner of making up a memorial of these instruments for record in the county where the lands lie.

On the 3d of June, 1796, the law which required the Quarter Sessions to be held at Mackinac was repealed, and as to the District Court which had been held at Detroit, it is declared that