would dictate the policy of locating the offices on main roads and thoroughfares, provided it can be done without too great a sacrifice of other and superior interest.

It is to be observed that the only advantages offered by the village of Branch, are its central position, and its supposed preponderance of hydraulic power.

The village is situated within three-fourths of a mile of the geographical centre, and contains a population of about one hundred and fifty souls. Near the village is erected a sawmill, and a small flour mill, on the west branch of the Coldwater river, a stream valuable for hydraulic purposes; and a mile and a half, or two miles, south of the village, a saw-mill has been erected, and one or two more mills, it is said, are soon to be built on the same stream.

The face of the country in the vicinity of Branch, is sufficiently undulating to render it agreeable and healthy when the heavy timber shall be removed. This village has the disadvantage of lying off from the main thoroughfare through the county, (the Chicago road,) about three-fourths of a mile south, causing a serious inconvenience to travelers whose business requires them to visit the public offices. Other sites were examined by the commissioners, some of which were found favorable, and, in the opinion of the undersigned commissioner, were superior to Branch in some respects. But the only one which, in the opinion of all the commissioners, presented a strong claim to selection, was the village of Coldwater. This village, which the undersigned considers decidedly the most eligible spot for the county seat, is situated on the Coldwater prairie, through the centre of which passes the Chi-cago road above mentioned, and is about two and a half miles from the centre of the county, a distance too inconsiderable to have any weight even if a central situation was important. It is tastefully built, and contains a population of eight hundred or a thousand souls, by estimation. The south branch of the Coldwater river runs near the village, and has in full operation upon it, a large saw mill and an extensive flouring mill, at which most of the flouring of the county is now done. There are several large and commodious public houses erected, and almost the entire mercantile and mechanical business of the county is here carried on. The preponderance of population and business at Coldwater, seems to establish its claim by nature and enterprise, to be the central point of interest and accommodation in the county. Add to this the fact, that from petitions signed by the citizens of every township in the county and exhibited to the commissioners, it appeared that about two-thirds of all the inhabitants were in favor of the location of the county seat at Coldwater. And the undersigned believes he will

not be deemed singular in his non-concurrence with his colleagues, in rejecting claims thus established.

The words of the act, indeed, give an unlimited discretion to the commissioners in regard to their selection, but the undersigned did not deem himself at liberty entirely to disregard the opinions and wishes of so large a majority of intelligent men, upon a subject which so deeply affected their personal convenience and interest; expressed, too, with such unanimity from every part of the county, after the subject had been agitated amongst them for years. It is believed that the soil of Branch county, throughout, is of a very uniform quality; and the farming population may be presumed to be nearly equally distributed, and will so continue to be, thereby giving strong credit to the inference that a location of the public buildings, at a point now deemed most convenient, will continue to subserve the best interests of the people of the county. The undersigned feels that he need not suggest the necessity of making a permanent location of the county seat soon, as it is manifest that the existing buildings at Branch are unsafe for the records of the county, and inconvenient for the purposes for which they are used. The undersigned is of the opinion, that the only way to settle this question satisfactorily to the great body of the people of the county, who have for the last eight years been annually petioning the legislature for a removal of the county seat, will be for the legislature to locate the same at the village of Coldwater; and should the considerations here presented, be considered of sufficient weight, he would respectfully recommend that such a course should be adopted. All of which is respectfully submitted.

C. K. GREEN.

Report of H. R. Schoolcraft.

ACTING SUPERINTENDENCY INDIAN AFFAIRS,

Detroit, October 30, 1840.

His excellency WILLIAM WOODBRIDGE, Governor of Michigan: SIR-I have the honor to inclose for your official information, so much of my annual report to the bureau of Indian affairs at Washington, for the year ending September 30, 1840, as relates to the relinquishment of the license laws over the territory of the Chippewas and Ottawas residing on that part of the public lands, within this state, which was ceded by those tribes to the United States by the treaty of March 28, 1836, together with printed copies of the act of Congress "to regulate trade and intercourse with the Indian tribes and to pre

serve peace on the frontiers," and the act "to provide for the organization of the department of Indian affairs," passed June 30, 1834. A comparison of these acts, with the report transmittted, will indicate the particular sections of the first named act, which are dropped, as contradistinguished from those that still remain in force, and will be maintained by the agents.

The district of country, to which reference is had, comprehends all that portion of peninsula which lies west of Thunder bay, and north of Grand river, extending to the straits of Mackinac, together with the tongue of land situated between Lakes Huron, Michigan and Superior, from the latitude of Point Detour, on the straits of Ste Marie, to the mouth of the Ichisibee or Chocolate river of Lake Superior. Extensive portions of this tract are still, in the ordinary acceptation of the term, "an Indian country," but as it has been determined that no convictions can be had, for violations of the intercourse act relative to trade therein, it has been decided that licenses will not be hereafter granted by the agents for such trade, east of the point indicated.

In this local relinquishment, to the state authorities, of a branch of duties pertaining to Indian affairs, which had for its object the protection of the tribes by interposing legal penalties against the introduction of ardent spirits, the barter in all other articles except "furs and peltries, and other provisions of a beneficial character, it is deemed proper to bring the subject definitely to your notice, for such action, if any, as it may be thought to merit. And it will not, I apprehend, be considered misplaced, to subjoin a few general remarks.

Taking the year 1796, (the date of the surrender of the lake posts,) as the period of reference, the United States government has exercised exclusive jurisdiction over this, with other portions of the Indian country, during forty-six years. Prior to this time, dating from the era of the revolution, Indian affairs constituted, almost exclusively, a branch of executive duty. Congress first interposed a general act regulating trade and intercourse with the tribes in 1802. Long before the revision and reenactment of this law, which was made in 1834, many of its provisions had become obsolete, or of no effect, from inherent defects in adopting a new system-from important changes in the relative position and numbers of the white and Indian population, and the great increase of the one, and decrease of the other. And it is conceived, that on the revision of the act, its original features, good and bad, were followed with a scope more limited, and deriving less aid from practical experience in the operation of the law, than the subject obviously called for, or admitted-the effect of which has been to prolong the barbarous period of Indian rule. It is not designed to enter into any examination of the particular fea

tures of this act, to which reference has been chiefly made, to justify the observation that any local legislation, which may be adopted, will be found, in my opinion, to derive its chief efficacy from clearly and plainly limiting and defining the offence or offences, as well as the power to ascertain and punish them, which may be confided to the civil magistrates.

That the Indian tribes of Michigan, cannot, under the operation of the constitution, become citizens of the state, by any measure of civilization which they may reach, or any advances they may make in christianity or the arts, appears to have been decided by the framers of that instrument, from a reference to its phraseology. While it is a point on which opinions are nearly as well agreed, that they cannot long remain within the limits of the state, in prosperity, as whole tribes or fragments of tribes, without that privilege. It is known to you, sir, from the documentary history of the times, that to obviate this difficulty, which is of a general character, the government of the United States, about eighteen or twenty years ago, brought forward the plan of a general removal of the tribes to a territory west of the Mississippi, where they might not suffer the same embarrassments to the development of their character, and might grow up together in the bonds of a common people. This policy has been pursued through the last five presidential epochs of the administration of the general government, and is at this time, in the process of being carried forward. Parts of the report above mentioned, will indicate how far the plan has been adopted by the Michigan Indians, and also the objections it has encountered from them. Whether the Chippewas and Ottawas of the upper lakes are to embrace it, contrary to their present feelings, and join the large number of aboriginal tribes, both kindred and non-affiliated, who are already in the Indian territory, south of the Missouri river, is a point which I do not purpose to discuss. But I beg leave to remark, that while they continue in Michigan, they commend themselves by their numbers and character, to the favorable notice of its legislature and people, and it is, moreover, conceived to be the duty of an intelligent and free people, who mean to treat them well, and at the same time to do justice to themselves and their posterity, to lay down by a timely forecast, the policy they are to pursue respecting them. The subject is one that brings with it appropriate considerations and reflections, but there needs not, I am sure, any thing from me, in this connection, (conversant as you have yourself been with the subject by your official position for a quarter of a century on the frontiers,) to inspire correct sentiments or direct sound public policy.

As having a bearing on the question of a future permanent residence for these tribes, I have the honor further to inclose

a copy of a memorial to the president of the United States, adopted by fifty-three of their principal chiefs, in a public council convened at the Mackinac agency on the 14th July, 1836. This memorial was transmitted to the house of representatives by Mr. Butler, secretary of war, January 9, 1837, and printed by the committee on public lands; but resulted in no definite action.

I am, sir, with much respect,
Your ob't servant,

HENRY R. SCHOOLCRAFT,
Act'g Sup't of Indian Affairs.

(Copy.)

To the President of the United States:

The undersigned, chiefs of the Chippewa and Ottawa tribes, who entered into treaty with the United States on the 28th March, 1836, for the sale of a large portion of their lands in Michigan, having this day acceded to the amendments made by the senate to the said treaty, which requires a cession of reservations at the expiration of five years, respectfully solicit that such aid may be afforded them, as may, at the expiration of said term, enable them to locate themselves among their relations, the Chippewas west of Lake Superior, and also to remove there at the earliest possible time.

The Chippewas of that remote northern quarter, are separated from us, by an average distance of about 900 miles; all of which is, however, occupied by Chippewas. They hold separate government over their respective villages; have separate interests, and are excluded wholly from the benefits of the treaty, as they possessed no part of the land sold. It would be injustice to them to require or expect that they should assign for our residence a part of their country on the head waters of the Mississippi, without an adequate compensation for it. Besides which, they are in an impoverished situation, having barely the means of procuring their subsistence by hunting, from year to year.

The undersigned believe that by removing to that quarter, with our present incipient knowledge of the means by which white men live, and by adopting a system of planting, combined for the present with hunting, and by carrying with us the school, farming, and blacksmithing privileges, which we have provided in the treaty, our situation would become prosperous; and we think the location would become permanent, and not subject to disturbance from white settlers, because it is not probable that white men will ever desire to live higher north, on the waters of the Mississippi, than the good limestone lands extend. This point is not quite a day's journey