land in the town of Detroit, and Territory of Michigan, and for other purposes," passed twenty-first April, one thousand eight hundred and six, one copy of which shall, on or before the first day of January next, be deposited and recorded in the office of the Secretary of the Territory of Michigan, and another copy transmitted to the Secretary of State of the United States, to be by him laid before Congress.

To his Excellency the Governor and the Honorable Judges of the Territory of Michigan.

From the irregularities which have crept into the survey of the city, it becomes necessary to explain the several causes.

After the conflagration of the old town, in the year 1805, the city was laid off on a new model, and with as much care and accuracy as it was possible. The plan was taken to Boston and Washington, and afterwards deposited in the legislative board of this Territory; but unfortunately the necessary precaution was not taken, and the plan fell into the hands of Mr. Hull, (surveyor,) who drew from it several other plans, different from the original, and also differing with each other, as well in the measurement as in the numbers of lots. Deeds were issued upon all those plans, and no regular record was kept, so it became impossible to know what lots were granted or ungranted.

Subsequently the original plan fell into the hands of Aaron Greely, (surveyor,) in whose house it was seen in a broken window, keeping out the weather, and in whose hands it disappeared. After this there was no guide, no index to the original locations, and the old boundaries were also pulled up; so that, after the close of the war in 1815, the confusion was so great that the new board, under the administration of Governor Cass, could not proceed to the granting of any more lots.

In 1816, all deeds and records that could be found were examined; and, from the schedule of names thus collected, a new plan was constructed, but not without some degree of uncertainty, although it is presumed, that, if it had been followed, it was the only medium by which the board might have evaded the greatest part of the difficulty that has presented.

In the compilement of the plan from collected materials, Hull's book of sections was kept in view; but as there was a standing resolve of the board, that "the principle of the plan was not to be deviated from," some difference unavoidably occurred, to wit: 1st. In a corner lot No. section in the book of sections. 2d. Between the military square and the graveyard, where Mr. Hull violated the plan. 3d. In some of the water lots, where the surveyor, Greelly, altered the numbers, courses, and the area of lots. 4th. Two namies upon one lot signify two claimants; and where two numbers appear, they were intended to correspond with the title already issued, as well as with the plan; and, as to two deeds having issued for the same lot, it is not surprising, when considered that no correct record was kept by the first board, and that the original plan was altered, and at last disappeared. Such mistakes were not unexpected, and that continually some old claims would turn up that were not known when the last plan in 1816 was compiled: and latterly it was discovered that boundaries were put down by a short chain, which must have caused insurmountable difficulties, and therefore it would be well that every surveyor should first study the principle of the plan, that

the base was first laid down, which, upon mathematical principles, governs all subordinate bases, courses, distances, and the areas of lots; and by whatever chain the base was laid down, it is demonstrable that the same measurement must be continued throughout, or no angle will close, no lot will have its true situation and correspondent measurement.

Mr. S. begs leave to suggest to the board, that, however injudicious matters were formerly conducted, as well to surveys as records, he cannot see any difficulty but what may be got over. That all locations made by the last plan of 1816, the proprietors cannot resort to any other; and that from casualties it was a medium constructed for the general good.

Mr. S. further states, that Mr. Justice Woodward was authorized by the first board, under the administration of Gov. Hull, to superintend the survey of the city, and that the original plan was drawn under his inspection. That that plan was rendered plain and practicable, and none of the mistakes which. now appear could possibly have happened had it been preserved and strictly adhered to. The numbers began at a right angle, and then progressively round the section. But the by-corners, some inner streets, and the alteration of numbers, were afterwards made, and have much disfigured the plan, and were always contrary to Mr. S.'s idea of propriety.

The principle of the plan was a continuation of an equilateral triangle, but the two hundred feet street alone altered its proportions; and after the several changes the plan has undergone, it is a quere now if the word "principle" is applicable to the plan.

To remedy the evils, Mr. S. would propose, where the numbers of the deed is different from the plan, to insert both; and that any section in which the numbers are confused, to be numbered anew, and the same numbe be inserted in the deed, as well as the old number.

THOMAS SMITH.

DETROIT, 10th May, 1281.

To his Excellency the Governor and the Honorable the Judges of the Territory of Michigan.

Mr. Smith begs leave to state, that the blue plan, which was laid before the board on the 18th instant, appears to be a copy of the original drawn by him in 1805. That plan was correctly laid down by the theodolite, and how it came to be altered is a matter that requires investigation.

It appears that Mr. Hull, the surveyor, made very material alterations, and which is seen by two of his plans now in the board. Secondly, Mr. Greeley, another surveyor, also made deviations; and all these deviations were sanctioned, as appears by the book plan, and the titles issued.

In 1816, after the elapse of eleven years, Mr. S. was again requested to make a second plan, and to adjust the difficulties that then presented. But he found it impossible to conform to the many deviations, and at the same time to embrace the exact description of every title that had issued, and particularly as there was no index to many of the locations. Yet a second plan was constructed by Mr. S., in the best manner the nature of the case would admit, called the plan of 1816.

Mr. S. is informed that other deviations have been made, and, therefore, in justice to himself, lest at a future day any incorrectness may be imputed to him, he prays the honorable board to be pleased to have the substance of

this his declaration entered on record, as well as his former statements; and recommends (as the first plan of 1805, from the several changes, cannot now be referred to as a criterion) that the plan of 1816 be carried into effect, as it may avoid most of the difficulties that the several changes fancy might have occasioned.

Mr. S. further recommends to the consideration of the honorable board to have permanent monuments at the outward angles of every section, and not to extend the plan any further than the limits of the common, leaving the practicability and commodiousness of the scheme to future experience. That the sections be drawn, and bound into a book, with the courses, distances, and the names of the grantees; and also another plan, of a convenient size, for a plate, accompanied by a book of reference, by which the original titles may be perpetuated beyond ordinary casualties.

All which Mr. Smith very respectfully submits.

24th May, 1821.

WASHINGTON CITY, February 3, 1831.

SIR: In settling the subject matter of the plan of the city of Detroit, so as to quiet the titles and establish the rights of the several proprietors of lots, I am aware that a tissue of difficulties seems to be presented at the first view of the subject, some of which may be irremediable to your honorable body, and must, perhaps, remain subject to judicial investigation and settlement. Cases of that description occur in most places, which it is very desirable to guard against and avert, whenever it may be practicable.

In executing the provisions and requisites of the act of Congress of 1806, in the laying out the town, granting titles to lots, and other matters, the history of these transactions affords a picture of capriciousness, instability, carelessness, and casualty, seldom, if ever, excelled in the local settlement and history of any town within the Union. How much of the evils which have, and may flow from these sources of inattention and unsystematic conduct on the part of the governor and judges, time alone can fully develop and demonstrate.

Thus, it would seem, that there is some pretext, clothed at least with plausibility, to offer respecting the transactions antecedent to the war. How far that apology, which in fact is based in inattention and carelessness, should cover all the subsequent illegal acts and irregular proceedings of the said governor and judges, is for your honorable body to determine.

Commencing, then, with their proceedings in 1816: they procured their original surveyor, Mr. Thomas Smith, to make a new plan of the town from his own knowledge, and the best materials which he could obtain. In the mean time, there was, and there is still extant, in the possession of the governor and judges, an original book plan of the several sections of the town, laid out before the war, dated in 1807, signed by William Hull, Governor, and attested by the then Secretary. It is presumed that Mr. Smith had also the benefit of this source of information to aid him in completing the plan. of 1816. This plat was on a large scale, at least six feet square, and was the one exhibited at all the public sales which took place subsequently. It ought to have been carefully preserved. The last time I saw it, was about a year since; it was then still in the possession of the secretary to the go

vernor and judges, but was much tattered, torn, and, in many parts, almost obliterated.

The governor and judges have repeatedly and reiteratedly been requested to cause that plan to be carefully preserved and engraved, with a view to perpetuate it beyond ordinary casualties.

The engraved copies that are now extant were, however, procured to be done by private subscription; the necessity of which was dictated by motives of protection to the private rights of individuals. The first plan was engraved under the care of the late Mr. Judd, then a surveyor of the Territory; he was believed by all who knew him to be well qualified, in every particular to execute that trust; and, as far as my own observation has enabled me to judge, the plan which he caused to be engraved, was in the main very correct, and liable to very few objections, and those principally relating to alleys that had, in some instances, been deeded away by the governor and judges.

After the grant was made by Congress, to the corporation of the city of Detroit, of the military reservation, (so called,) a project was started, to all ter the whole plan of the city, so as to establish it uniformly at right angles. To this project, which would have been in the origin a wise and acceptable one, great objections existed, which became more and more obvious and plain as the subject was examined into. After much individual effort, public meetings, and even legislative enactments by the Legislative Council, to authorize the corporation to alter the plan of the city, the project was, upon public reflection, abandoned as impracticable. It was, however, deemed a sort of compromise between the proprietors of lots in various parts of the city and the corporation, yielding to the municipality so far as to allow them to lay out the ground which they had acquired from the United States in their own way; which they accordingly laid out at right angles, so far as circumstances would enable them. The corporation, for several years past, have employed Mr. John Mullett, a gentleman both intelligent and well qualified, as the city surveyor. After the new grounds had been laid out, and a considerable proportion thereof purchased by individuals, the public became anxious and desirous to have another plat of the city, with the improvements and alterations made since that published by Mr. Judd. Mr. Mullett was therefore employed, by the unanimous consent of all parties, to prepare and execute that work. The result is the map published in 1830, engraved by J. O. Lewis; five hundred copies were subscribed by the citizens. of Detroit, at one dollar each. As far as my own observation and the information and remarks of others have enabled me to judge, I believe that map of the city to be as authentic and correct as any work of the kind can ordinarily be.

Upon examination of all the maps above and within mentioned, down to that published in 1830, you will perceive that the innovations made, and recently reported to Congress, by the governor and judges, do not appear. This, therefore, establishes the fact, that the said governor and judges have taken upon themselves the latitude to make a plan essentially new in some of its parts, and therefore highly objectionable, inasmuch as the parts recently laid down by them interfere materially with private vested rights. Now, to confirm this new plan would evidently be a direct interference, tending to prejudice private rights; which, it is very desirable, should be

avoided.

At the first view of the subject after I had the honor of appearing before your committee, from the strong and anxious desire which I entertained to have the matter finally put to rest, that we should have no further innovations nor alterations in the plan of our devoted city, my mind seized upon the first expedient as an alternative, to acquiesce in the opinion suggested, of approving the late new plan, with a proviso reserving private rights. That course, in my opinion, would place us, the lot owners, in a worse situation than we would be without the action of Congress on the subject. It would evidently lead to the conclusion that Congress were disposed to sanction even the unauthorized acts of the governor and judges, and particularly the laying out of additional lots in front of those claimed by the proprietors. The reasons assigned by the governor and judges for this last proceeding are merely plausible, but without the color of necessity. There are, also, farther objections to their new plat. It may contain many other errors and alterations, which it will require time, experience, and careful examination to detect; whereas the plat engraved in 1830 has been in use, and in the hands of the community for which it is designed, for several months past. The corporation of the city, of which I have the honor to be the head, subscribed for twelve copies of this plat, and have since uniformly referred to it on all occasions, without having discovered any errors or objections to it. Under the various circumstances and changes that have been alluded to, it would be hopeless to expect that a plat, perfect in all its parts, and that would meet and obviate all difficulties whatever, could be devised at present. Such a desideratum can only be attained with time, and the observance of great care in the detection and correction of errors and irregularities, by the municipal authority of the place.

You will readily have observed, Sir, that the difference existing between the governor and judges and the lot owners, particularly since their supplementary explanations, is not material. They have narrowed down their claim, to use their own language, to "a trifling consideration," &c. ; but the. principal point at issue is the principle involved-whether they had a right to lay out more lots, after a lapse of fourteen years, in front of water lots, sold as front lots, bordering the navigable channel. On that subject, I had the honor to submit sworn extracts of their resolutions. The testimony of many living witnesses can be adduced to the same effect.

The necessity of these presentments to your honorable committee has not originated with the proprietors. The course adopted by the governor and judges has nevertheless placed them under the necessity of self defence, and the protection of your honorable body, to counteract what was and is still believed to be an unwarrantable violation of private rights.

The undersigned has therefore been induced to subject himself to the expenses and loss of time incident to a journey and sojourn in this capital, principally on account of the foregoing premises. The governor and judges are the agents of the Government of the United States, whilst acting under the laws of Congress; the wrongs done to individuals by their official acts present at least an equitable claim to the justice of the National Government. It is, therefore, respectfully suggested, that, to quiet all future controversies, which are always injurious to the prosperity and growth of commercial towns, and ruinous to private individuals, the plan of the city of Detroit, published by John Mullet, and engraved by J. O. Lewis, in 1830, be approved by Congress, reserving to the respective owners of property all