A PETITION TO THE GOVERNOR AND JUDGES OF THE TERRITORY OF MICHIGAN
Volume II, Michigan Pioneer and Historical Collections
Transcribed by Midge Judith Smith
A PETITION TO THE GOVERNOR AND JUDGES OF THE TERRITORY OF MICHIGAN
To his Excellency the Governor and the HON. Judges of the Territory of Michigan, sitting as Commissioners by virtue of the Act of Congress of the 21st of April, 1806, to regulate the affairs of the city of Detroit
The petition of the residents of Detroit and its vicinity humbly shows: That the petitioners and their ancestors from the first establishment of this country until to-day (being about---------years) have been in the habit to possess, occupy and enjoy peaceably all that piece of land commonly called and known by the name of the Commons of Detroit, situate between a farm belonging to the heirs of the Late William Macomb at the south-west, and that of Elijah Brush at the north-east, extending eighty arpents, or French acres, in depth along the Detroit River.
At a time so distant from the first establishment of this country, as to-day, is cannot be supposed that its first settlers be alive, but according to the course of natures they must either be known or it is to be presumed that they are dead; the astonishing and almost incredible changes , produced by the lapse of time and the different cessions of the country from one government to another, from France to England and from England to America, may perhaps make it improper to the petitioners to speak with absolute certainty of the origin of the right, by virtue of which they have enjoyed and possessed this piece of land as a community, belonging to the inhabitants of the city of Detroit and its vicinity.
But the petitioners are taught to believe and say they do believe on the strength of the representations of their ancestors and of divers facts which exist and can be substantiated, in corroboration, that the old government of France has originally given to the residents of the city of Detroit and its vicinity a charter for this piece of land to be, by them and their descendants, enjoyed forever as a community and not otherwise.
This belief is strengthened greatly by the uninterrupted possession and enjoyment which the residents of the city of Detroit and its vicinity have had thereof; in different instances individuals have encroached upon this community and have been driven out by some legitimate authority emanating of those governments mentioned above, which at that time ruled the destinies of this abandoned and unhappy country.
But unluckily for the petitioners, this charter, (if it has ever existed) seems to have been lost, either by time or accident, or it has been carried away amongst the archives of some one of the ancient governments and transported to some distant country whence the petitioners cannot obtain it; but is to be hoped and believed that this cannot be prejudicial to the rights of the petitioners, for they have been taught to believe that the rigid and inflexible principles of the common law supply a remedy in all cases whatever for the loss of original papers, either by time or accident. When it is shown or known how they are lost, copies ordinarily supplant them, and if no copies have been taken, it is permitted to produce verbal testimony of their existence and their contents, which is uniformly received as conclusive and decisive upon the subject which they are proved to contain.
Assuredly the petitioners will not be placed in a worse situation before a tribunal of equity and fairness, than they would be in if they had to contend with an inflexible adversary in a court where rigorous execution of the common law is hardly reconcilable with justice. We Consequently offer to your honorable body the evidence of the existence of this charter and we humbly hope and confidently believe that we shall be able to prove that a similar document has existed, and if we succeed in proving this to the satisfaction of all reasonable minds, will it be necessary for us to ask for a confirmation of our old and inalienable right?
Admitting however that we might not succeed in proving in such manner as the law may require, our absolute and incontestable right, we still rest in perfect security, relying upon your benevolence to annul the order of the 20th of February, 1809 for the sale of that part of the commons behind the Circus for the courtrhouse in lots of five and ten acres together with the subsequent sale which has taken place on the 6th of the following March and to recognize the right of the petitioners to the said common by virtue of their long and peaceable possession and enjoyment, which is a right equal in every degree (with exception of three or four) to any other produced in this country and that theses commons be transferred to a community and be possessed by them and their successors as a common property for the use of the residents of the city of Detroit forever hereafter and for no other use whatever. And the petitioners shall ever pray, etc.
Detroit, July 10, 1809
(Note:-The name of Wm. A. Henry appears on a memorandum pinned to the French original) or ____which is exceedingly well and careful written on substantial paper covering a full sheet of foolscap and having no original signature attached to it. {Translator}
Contributed by Linda Ball