Removal of Governor Hull by Grand Jury Action

Michigan Pioneer and Historical Collections

Transcribed by Midge Judith Smith

ACTION OF THE GRAND JURY RELATIVE TO GOVERNOR HULL

TERRITORY OF MICHIGAN

Surpreme Court, September Term, 1809

History, the record of facts, shews, that under every form of government, man, when invested with authority, from the weakness and imbecility of his nature, has a strong propensity to assume powers with which he is not legally cloathed. Fully persuaded of this truth from reflection and observation, We, the Grand Jurors for the Body of the Territory of Michigan, after having heard witnesses, and a free and dispassionate discussion, and mature consideration of their testimony, on our Oaths do present:

That William Hull, Governor of this Territory, did, on the 27th day of February, 1809, illegally and without any colour of authority, sign an instrument of writing, as Governor of this Territory, remitting a fine of fifty dollars, imposed on John Whipple, by the Supreme Court of said Territory, at their September term of 1808, for having abused and insulted, and called Augustus B. Woodward, one of the Judges of the of said Territory, "a damn'd rascal"- on account of said Woodward's rendered a certain decision in a certain suit, which was then pending in the Supreme Court. And we, the said Grand Jurors, have a confident hope, that the Supreme Court will carry into effect their own judgments.

We, the Grand Jurors, on our oaths, further present so much of the Act adopted by the Legislature of this Territory, the 24th of February, 1809; entitled "An act making appropriations for the years 1808 and 1809, as appropriates for James Witherell, John Whipple, and William M. D. Scott, as commissioners for 17 day services each, in exploring and superintending the survey of a public road from the foot of the rapids of the river Miami of Lake Erie to Detroit , at four dollars per day, each - 204 dollars; for James McCloskey, surveying said road at 3 dollars per mile -199 1/2 dollars, for the hire of two horses and two men 17 days at 4 dollars per day, 68 dollars; and for 11 days for the service of one man on the same business, at 1 dollar per day - 11 dollars; as unnecessarily and illegally burdening the people of this Territory with taxes, to enumerate the said commissioners for service which agreeably to the Act, entitled "An Act for laying out and opening a road from the city of Detroit to the foot of the rapids of the Miami, which enters into Lake Erie," when performed, and under which the said commissioners acted, were to be compensated for, only, out of the proceeds of a lottery authorized by the last mentioned Act.

And we the Grand Jury aforesaid, also, unanimously express it as our opinion that the said James Witherall, one of the Judges of the Supreme Court of this Territory, acted unbecoming the character of a faithful and impartial Judge, when he introduced to the Legislative Board and voted for the law making the aforementioned appropriation.

The Legislature of the United States having by their Act of the 30th April, 1790, entitled "An Act for the punishment of certain crimes against the United States," provided for the punishment of Treason and Misprison of Treason: and the Territory of Michigan, being from the nature of it form of government, merely a component part of the United States, and not a sovereign or independent Government, against which alone such crimes can be committed. We the said Grand Jurors, on our oaths, further present the first and second Sections of the Act adopted by the Legislature of this Territory entitled, "An Act for the punishment of crimes and misdemeanors," as unnecessary, nugatory and a nuisance.

We the Grand Jurors, on our oaths, do further present the 40th Section of the said Act for the punishment of crimes and misdemeanors, as unconstitutional, and a gross violation and infringement of the unalienable rights of the Citizens of this Territory, inasmuch as by the 2d Article of compact, contained in the ordinance for the Government of this Territory, the right of trial by Jury, and of Judicial proceedings; according to the course of the common Law, is most solemnly, and unless with the consent of the Citizens of this Territory, unalterably guaranteed to them.

The Grand Jurors aforesaid further present as unconstitutional so much of the law entitled "An Act prescribing the mode of assessing and collecting Taxes within this Territory." as subjects to taxation Lands to which the occupiers, or pretended owners, have not a complete title.

And we the said Grand Jurors, on our oaths, do further present as a public grievance, the almost continual absence of a majority of the Judges of the Supreme Court from the Territory of Michigan, since its organization.

And the said Grand Jurors, on their oaths, Report, that upon inspecting the Territorial Treasurer's Books and Accounts, that they are astonished to find the expenses of the Detroit fund to amount to so great a sum as 1, 628 dolls. 48 1/2 cts. and that there is still due therefrom 250 Dollars: (b) -although the proceeds of the sales of many valuable lots in the city of Detroit, and of half the Detroit Commons, are expended and no Court House or Jail being built agreeable to the benevolent intentions of Congress and that the support of Paupers and the Marshall's accounts for services rendered, have hitherto made up full three-fourths of all the charges against this Territory. They earnestly draw the attention of the Legislature, to these important objects.

And the Grand Jurors also recommend to the Governor and Judges of this Territory, the repeal of so much of the Militia Law, as subjects any but free, male, white Citizens of the United States, between the age of Eighteen and forty-five, to serve in the Militia. The egregious impolicy of forcing Aliens, and renegade Negroes into our service, is too notorious to require any comment.

Resolved also, unanimously, that the Governor and Judges be requested to cause to be translated into the French language the Laws of this Territory - and as their opinion that the expense of such translation shall be paid out of the taxes to be levied on the people and property of this Territory. (c)

(Signed)

Geo. Hoffman, Foreman

Sept. 26th, 1809}

Grand Jury Room.}

NOTES

(a) Common Law allows a peremptory challenge of thirty-five - and the statute of Henry the 8th, of twenty - and the law presented of only six.

(b) The true sum since this presentment was made, has been discovered to amount to at least 50 Dollars.

(c) Three-fourths of the people of his Territory liable to taxation, do not understand the English language.

The Grand Jury was composed of the following named persons, viz:
Geo Hoffman     Richard Smyth     David Hull
Jacob Visgar     Christian Clemons     Joseph Jobin
Robert Abbott     Jean Marie Beaubien     Jean Baptiste Couture
George McDougall     George Cotterall     A. DeQuindre
James Henry     Francois Lasselle     Hugh R. Martin
James May     Francios Lafontain     Hugh R. Martin
M. Miller, Printer, Detroit

MEMORIAL TO THE PRESIDENT FOR THE REMOVAL OF GOVERNOR HULL

To His Excellency James Madison, President of the United States of America:

The undersigned are very sensible, That, in the discharge of those official functions, which the Nation has entrusted to your hands, some are accompanied with the satisfaction which ever attends the consciousness of doing good, and others on the contrary, are in their nature, painful and unpleasant.

It cannot afford more regret to your Excellency, than it does to the undersigned, that is should be our lot, to call the attention of your Excellency, to an act of the latter Description.

Contributed by Linda Ball