Mr. Reynolds again writes (June 22d): “I had a conversation to-day with the Secretary of the Navy, in relation to your joining the expedition. He informs me that the President, as well as himself, was anxious that you should do so; and that in case you did, an Assistant Agent might be appointed to do your duties, as United States Agent, and thus reserve your office until your return.”
Nothing, certainly, could exceed this spirit of liberality and kind appreciation.
No reasons for altering my prior decisions appeared, however, weighty enough to change them.
July 1st.—The legislative council organized in due form, being sworn in by the governor. The first assemblage of this kind in the Territory met, I believe, four years ago. Prior to that era, the governor and judges were authorized to adopt laws from the “old” States, which led to a system rather objectionable, and certainly anomalous, so far as it made the judges both makers and expounders of the laws; for it was said, I know not how truly, that they picked out a clause here and there, to fit exigencies, or cases in hand, and did not take whole statutes. It was said that when the judges, in the exercise of their judicial functions, got to a “tight place,” they adjourned the court, and devoted their legal acumen to picking out clauses from the statutes of the old States, to be adopted, in order to meet the circumstances; but these stories were, probably, to be received a little after the manner of the slanderous reports of the Van Twiller administration, of Knickerbocker memory. It is certain that their honors, Judges Woodward, Griffin, and Witherall, the latter of whom was generally voted down, have acquired no small popular notoriety as judicial and legislative functionaries, and they must figure largely in the early annals of Michigan, especially should this territory ever prove so fortunate as to have a Cervantes or an Irving for its historian.
I found the members of the council to be nearly all of the old residents of Michigan, one a Frenchman, several sent in by French votes, one or two old volunteer officers of Hull’s day, one an Indian captive, and three lawyers by profession. When assembled they presented a body of shrewd, grave, common-sense men, with not much legal or forensic talent, perhaps, and no eloquence or power of speaking. There were just thirteen men, only one of whom was a demagogue, and had gained his election by going about from house to house and asking votes. The worst trait in the majority was a total want of moral courage, and a disposition to favor a negligent and indebted population, by passing a species of stop laws, and divorce laws, and of running after local and temporary expedients, to the lowering of the tone of just legislation. I had no constituents at home to hold me up to promises on these heads. I was every way independent, in a political sense, and could square my course at all times, by pursuing the right, instead of being forced into the expedient, in cases where there was a conflict between the two. This made my position agreeable.