USA > Michigan > Van Buren County > History of Berrien and Van Buren counties, Michigan. With biographical sketches of its prominent men and pioneers > Part 91
USA > Michigan > Berrien County > History of Berrien and Van Buren counties, Michigan. With biographical sketches of its prominent men and pioneers > Part 91
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" An act to provide for the vacation of the present seat of justice of Van Buren County, and to locate the same in the village of Paw Paw, in said county.
"SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, that the county- site of Van Buren County be and the same is hereby va- cated and removed to the village of Paw Paw, in said county, upon such land as shall be deeded to the county for that purpose ; Provided, That the quantity of land shall not be less than one acre, to be located under the di- rection of a majority of the County Commissioners or the Board of Supervisors, as the case may be, who are hereby required to make such location and fix the site for such county-seat in said village within one year from the passage of this law, and to take a deed of the land aforesaid, to them and their successors in office, for the use and purpose of the county of Van Buren, and shall have the deed re- corded in the register's office in that county; and pro- vided, further, That the title of said land so to be conveyed as aforesaid shall be good, absolute, and indefeasible, and the premises free from all legal incumbrances.
"SEC. 2. All writs which have been or may be issued out of the Circuit Court of said county since the last term thereof, whether the same were made returnable at the village of Paw Paw or at the present county-seat, shall be returned to and heard and tried at the village of Paw Paw aforesaid, at the time they were made returnable.
"SEC. 3. This act shall take effect and be in force from and after its passage.
" Approved March 6, 1840."
From that time to the present Paw Paw has been the legal as it had previously been the actual seat of justice of Van Buren County.
There was, however, some difficulty in regard to the pre- cise place in Paw Paw where the court-house should be located, as appears by the records of the Board of Super- visors and commissioners. On the 1st day of April, 1840,
361
ORGANIZATION OF TOWNSHIPS.
the County Commissioners, who were then exercising the functions of a Board of Supervisors, adopted the following resolution :
" Resolved, That the site for the seat of justice for the county of Van Buren be, and the same is hereby, located and fixed in that por- tion of block number eleven known as lots number one, two, three, four, five, six, seven, and eight, in the village of Paw Paw, being the same land appropriated for that purpose by the proprietors of said village, the aforesaid location being made agreeable and in conformity with the act of the Legislature of the State of Michigan approved March 6, 1840.
" Resolved, That the clerk of said county be, and is hereby, required to procure quit-claim deeds from the proprietors of said village for the land mentioned in the foregoing resolution, and cause the same to be recorded in the register's office of this county."
On the 30th day of January, 1841, the Board of Com- missioners adopted the following resolution :
" It appearing that the title of the site for the county-seat, as located and fixed by the Board of Commissioners on the first day of April, 1840, not having been perfected, therefore it is resolved that the act or resolution of the commissioners locating and fixing the site for the seat of justice in the county of Van Buren on block number eleven in the village of Paw Paw is hereby annulled and vacated."
It was then resolved and determined by the board that the site for the seat of justice of the county of Van Buren (the title having been given) be located and fixed on block No. 40 in the village of Paw Paw.
On the 8th of April, 1842, Isaac C. W. Millard gave the county a warranty deed of lots 5, 6, 7, and 8 in block 12 in Paw Paw, and received in return a perpetual lease of block 41.
On those lots the court-house was built, and there justice is supposed to have had its seat to the present day.
ORGANIZATION OF TOWNSHIPS.
The first legislative action affecting the township organi zation of Van Buren County was a law passed by the Legis- lative Council of the Territory of Michigan, approved by the Governor on the 5th of November, 1829, one section of which reads as follows :
" All that part of said county (Cass) known as townships Five and Six, and the north half of township numbered Seven south, in ranges Thirteen and Fourteen west, and the county of Van Buren, and all the country lying north of the same which is attached to and composes a part of the county of Cass, shall form a township by the name of Penn, and the first township-meeting shall be held at the house of Martin Shields, in said township."
It is evident that most of the inhabitants of the new township resided in Cass County, while Van Buren and the country north of it was included within its legal jurisdic- tion for the benefit of any straggling settlers who might locate there. On the 29th of March, 1833, an act was ap- proved organizing Allegan County into Allegan township, and attaching it temporarily to Kalamazoo County, which separated the northern country from Van Buren County. On the same day a law was approved setting off township 5 in range 13, and also in range 14 (being the north part of that part of Penn township which was in Cass County), as the township of Volinia, leaving Penn township to the south and entirely separate from Van Buren. By the same
act Van Buren County was attached to Volinia township for all township purposes.
It remained thus until the 26th day of March, 1835, when it was formed into the township of Lafayette, the boundaries of which corresponded with those of Van Bu- ren County. Lafayette was organized by the election of officers in the spring of 1836, the county being still tem- porarily attached to Cass.
On the 11th of March, 1837, just a week before the organization of the county, an act was approved dividing Lafayette into the seven townships of Antwerp, Clinch, La- fayette, Decatur, South Haven, Lawrence, and Covington. Antwerp comprised township 3 south, in range 13 west, having the same boundaries as now. Clinch comprised townships 1 and 2 south, in range 13 west, and the same numbered townships in range 14. Lafayette was com- posed of township 3 south, in range 14 west, its boundaries being the same as those of the present township of Paw Paw, except that the latter has received a small addition from Waverly. Decatur embraced township 4 in range 13, and township 4 in range 14, being the present town- ships of Decatur and Porter.
South Haven consisted of township 1 in range 15, townships 1 and 2 in range 16, and the same numbered townships in range 17, being the present townships of South Haven, Geneva, Columbia, Covert, and Bangor. Lawrence was composed of townships 2 and 3 in range 15, and township 3 in range 16, being the present townships of Arlington, Lawrence, and Hartford. Covington was composed of township 4 in range 15, and the same num- bered township in range 16, being the present townships of Keeler and Hamilton.
The subsequent formations and changes have been as follows : Covington was discontinued by act of the Legisla- ture on the 22d of March, 1839. The east half of it (township 4, range 15) was made the township of Al- pena, while the western half (township 4, range 16), to- gether with township 3 in the same range (taken from Lawrence), became the township of Keeler. The name of Alpena was changed to Hamilton on the 19th of March, 1846. On the same day Hartford was formed from Keeler, comprising township 3, range 16.
Waverly, Almena, and Arlington were erected on the 16th of February, 1842. The first two embraced the whole of the territory of Clinch, which was thus an- nulled. Waverly comprised townships 1 and 2 in range 14, being the present Bloomingdale and Waverly ; while Almena occupied the same numbered townships in range 13, being now known as Pine Grove and Almena. Arling- ton, taken from Lawrence, had the same boundaries as now, being township 2 in range 15.
Bloomingdale, Columbia, and Porter were formed on the 19th of March, 1845. The first, taken from Waverly, consisted of township. 1 south, in range 14 west. The second, taken from South Haven, occupied township 1 in range 15 and the same numbered township in range 16, being now known as Columbia and Geneva. The third, taken from Decatur, consisted of township 4, range 13, its present territory.
Pine Grove was formed by the Legislature from Almena
.46
362
HISTORY OF VAN BUREN COUNTY, MICHIGAN.
on the 17th of March, 1849, its boundaries, which were the same then as now, including township 1 south, in range 13 west.
Marion was the first town organized by the Board of Supervisors, and was formed from South Haven on the 11th of October, 1853. Its name, however, was changed to Bangor by the board on the 14th of the same month. Its boundaries were the same as now, comprising township 2, range 16.
Geneva was formed from Columbia by the supervisors on the 5th of January, 1854, comprising its present territory, -township 1 south, range 16 west.
Deerfield was formed from South Haven by the same authority on the 8th of October, 1855, consisting of town- ship 2, range 17. Its name was changed to Covert on the 29th of March, 1877.
The name of the township of Lafayette was changed to Paw Paw on the 15th of March, 1867.
CHAPTER XLVII.
COURTS-RECORDS-COUNTY BUILDINGS-CIVIL LIST.
Establishment of Courts-Circuit Court-County Court-Probate Court-The Register's and Treasurer's Offices-Record of Wolf Bounties-County Buildings and Property-The Old Jail-The Court-House-The Present Jail-Poor-House and Farm-The Present Fire-Proof Building-Van Buren County Civil List.
ESTABLISHMENT OF COURTS.
THE following is quoted from the first record of the Board of Supervisors of Van Buren County, and is an ac- count of their action in accordance with the act organizing the county :
" 1837. The supervisors of the towns of Van Buren met at the village of Paw Paw on the 27th day of March, A.D. 1837, and organized by appointing D. O. Dodge clerk, the business of said meeting being for locating the place for the Circuit Courts of said county. Whereupon it is decided that the courts of said county be held at the school- house in the village of Paw Paw.
"D. O. DODGE, Clerk."
In accordance with this action, the first court was held in the frame school-house situated on Gremps Street, Paw Paw, on a lot north of where John G. Sherman now lives. Court was held there until the court-house was completed, in 1844.
The following is the first record of the Circuit Court in Van Buren County :
"STATE OF MICHIGAN, "VAN BUREN COUNTY. S
" Be it remembered, that at a stated session of the Cir- cuit Court of the State of Michigan within and for the county of Van Buren, begun and held, pursuant to law, at the court-house in Lafayette, in said county, on the first Monday (being the 6th day) of June in 1837, present, Hon. Epaph- roditus Ransom, Circuit Judge, Wolcott H. Keeler and Jay R. Monroe, Esqs., Associate Judges, the grand jury
being called, the following persons appeared and answered to their names, to wit, Peter Gremps, Jeremiah H. Sim- mons, Joseph Woodman, Rodney Hinckley, Joshua Bangs, Edwin Barnum, John Reynolds, John D. Freeman, George S. Reynolds, Dexter Gibbs, Joseph Luce, Asa G. Hinckley, E. L. Barrett.
" Peter Gremps was appointed by the court foreman of this grand jury, and was authorized to issue subpoenas for and administer oaths to witnesses. The grand jurors were sworn and received the charge of the court and retired ; after a few moments' deliberation they returned to court and reported that no business was brought before them, and they knew of none for their consideration.
" No business was brought before the court, and the court adjourned without day.
" Signed in open court the 6th day of June, 1837. " EPAPHRODITUS RANSOM, " Presiding Judge."
The December term, 1837, was held before the same judges. A petit jury was called, consisting of Philotus Hayden, Zebina Stearns, Aaron Barney, Beman O. Keeler, Hale Wakefield, George Ransom, Wells Gray, Joel Tomlinson, Daniel A. Alexander, Joseph Butler, Jacob S. Carrier, Lewis Johnson, Robert Nesbitt, and George S. Reynolds.
The first case brought up for trial was that of Robert Nesbitt vs. George S. Reynolds,-an appeal from the judg- ment of a justice of the peace. Proofs and allegations were presented and the jury retired, and after due consideration returned and rendered a verdict in favor of the plaintiff, for the sum of sixteen dollars and forty-two cents. The court affirmed the decision, and the costs were also directed to be paid by the defendant. There was no further business be- fore the court at that time.
The circuit judges who have presided over the courts since the organization of the county are as follows : Epaphroditus Ransom, June term, 1837-48; Sanford M. Green, March term, 1848-49 ; Charles W. Whipple, April term, 1849-52 ; Abner Pratt, March term, 1852 -57; Benjamin F. Graves, September term, 1857-66; George Woodruff, October term, 1866-67; Flavius J. Littlejohn, April term, 1867-69; Charles R. Brown, August term, 1869-74; Darius E. Comstock, July term, 1874-75 ; Josiah L. Hawes, the present incumbent, from April term, 1875.
COUNTY COURT.
The County Court was established by law in 1846, and the first term was directed to be held on the first day of March, 1847.
An election was held in Van Buren County in November, 1846, when the Hon. A. W. Broughton was elected county judge and John R. Haynes second judge.
The court convened at the day appointed in the court- house at Paw Paw. Present, Hon. A. W. Broughton, Judge.
The first case brought up for trial was that of James Scott vs. George S. Reynolds. This court was discontinued in 1850.
363
COURTS-RECORD OF WOLF-BOUNTIES.
PROBATE COURT.
Of the first proceedings of this court no record can be found prior to 1858, as the early records of this office were destroyed by fire.
The first probate judge was Jeremiah H. Simmons, who held the office for two terms.
REGISTER'S OFFICE.
This county being attached to Cass County prior to its organization, all deeds, mortgages, and other legal papers pertaining to Van Buren were kept at the county-seat of that county.
Transcripts of such papers were made from the Cass County records, and are on file in the register's office at Paw Paw.
The first deed on record bears date November 3, 1831, and was given by Jacob and Elizabeth Charles to Samuel . Morris, conveying eighty acres,-the west half of the north- west quarter of section 35, township 4 south, in range 14 west.
The first deed recorded after the organization of the county was made April 7, 1837, by which Wolcott H. Keeler and Elizabeth, his wife, of Covington, conveyed to Truman Foster, of the same township, the northwest quar- ter of section 11, township 4 south, in range 15 west, for the sum of one thousand dollars.
The first mortgage owned bears date Oct. 13, 1835, and was given by Martin Wolcott to William Corry. The land on which it was a lien was the northeast quarter and south- east quarter and the north half of the northwest quarter of section 1, township 3 south, in range 15 west.
The marriage records contain as the first record the marriage of George S. Reynolds to Rebecca Luke, bearing date July 24, 1836. Signed, Daniel O. Dodge, Justice of the Peace.
TREASURER'S OFFICE.
The earliest valuation of the property of the county by townships, on record in the treasurer's office, was made in 1839, and is as follows :
CLINCH.
Non-resident real estate.
$163,252
Resident real estate.
21,504
= and personal
5,596
Total
$190,352
ANTWERP.
Non-resident real estate.
$33,535
Resident and personal
30,521
Total
$64.056
LAFAYETTE.
Non-resident real estate
$29,287
Resident and personal.
28,016
Total
$57,303
DECATUR.
Non-resident real estate
$60,806.77
Resident and personal
23,781.00
Total
$84,587.77
SOUTH HAVEN.
Non-resident, resident, real estate and personal .. $160,219.10
ALPENA.
Non-resident real estate.
$52,241
Resident and personal.
21,384
Total
$73,625
LAWRENCE.
Non-resident, resident, real estate and personal .. $123,649.90
RECORD OF WOLF-BOUNTIES.
In looking over the proceedings of the Board of Super- visors, we have found recorded numerous accounts of bounties voted and paid for the slaughter of wolves in the county. It has suggested itself to us that a list of the payments, with the names of the recipients, might be interesting to some of our readers, both as showing who were the wolf- hunters of the pioneer days, and as portraying the ad- vance of civilization corresponding to the decrease in wolf- slaughter. At the first meeting of the supervisors, on the 27th of March, 1837, they adopted the following resolu- tion :
" Voted to raise five dollars per head for each wolf and panther which may be killed the ensuing year, and that the county treasurer pay for each one so killed in said county out of any moneys remaining, after paying the county ex- penses, in his treasury."
Although the vote provided a bounty for killing panthers, we have not been able to discover a single record of a pay- ment for that, service. Either panthers were very scarce, or the hunters were not disposed to meddle with such very unpleasant subjects.
Besides the county bounty of five dollars there was a State bounty of eight dollars,-which was paid by the county authorities and refunded by the State,-making in all thirteen dollars for each wolf.
At the meeting in October the accounts were audited and allowed of Luther Branch, for four wolves, $52; John Condon, three wolves, $39; Joseph Butler, one, $13 ; Cah- Cah (an Indian), one, $13.
By November, 1838, the county bounty had been raised to $8, and the commissioners voted $16 to Thomas Green, for the joint State and county bounty.
By July, 1839, the State and county bounties had both been reduced to $4, making a total of $8 for each wolf. At the meeting of the commissioners in that month the accounts were allowed of John Williams, for two wolves, $16; John Condon, three ditto, $24; Henry Potter, two ditto, $16 : Amos S. Brown, Jr., eight ditto, $64; Luman Brown, three ditto, $24. In November, 1839, the follow- ing accounts were allowed : John Little, one wolf, $8; Cah- Cah, ditto, $8; Daniel Wilcox, ditto, $8; Amos S. Brown, ditto, $8; James Scott, ditto, $8. In December, 1839, John Little, one wolf, $8. Total for 1839, twenty-four.
In April, 1840, Daniel T. Pierce, one wolf, $8; Amos S. Brown, Jr., ditto, $8; John Little, ditto, $8; Wells S. Brown, ditto, $8; Luman Brown, ditto, $8. In June, 1840, Amos S. Brown, Jr., one wolf, $8; Henry Mower, two ditto, $16. In October, 1840, Henry Mower, one wolf, $8. In November, Henry Coleman, one wolf, killed by A. Manly, $8; Daniel Wilcox, one ditto, $8. In De- cember, Austin Walden, one wolf, $8; James Johnson, ditto, $8. Total for 1840, thirteen.
July, 1841, A. S. Brown, Jr., four wolves, $32; Wells S. Brown, one ditto, $8; Jonathan N. Howard, one ditto, $8. October, John Smith, one, $8. December, George W. Springer, one, $8; Harpman Salisbury, two, $16; Martin Allen, one, $8; Clark A. Lapham, one, $8; Simon O. Keeler, one, $8. Total in 1841, thirteen.
January, 1842, Harpman Salisbury, two wolves, $16;
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HISTORY OF VAN BUREN COUNTY, MICHIGAN.
John Smith, one, $8. March, 1842, G. W. Springer, one wolf, $8; Harvey Potter, two, $16; C. A. Lapham, two, $16; Theodore E. Phelps, one, $8; Horatio N. Phelps, one, $8. In September of this year the supervisors voted to pay $5 in addition to the bounty already allowed by law for each full-grown wolf, and $2.50 for each whelp. This, in December following, gave James Scott, for two wolves, $26; William Wilson, one ditto, $13; Cah-Cah, one ditto, $13. Total in 1842, fourteen.
In March, 1843, allowed Peter Dopp, one wolf, $13; H. Howard, ditto, $13. October, Notawawis, one, $13; Cah- Cah, one, $13; Elizur Hogmire, one, $13. Total in 1843, five.
In 1844 there is no record of any bounties being paid. The supervisors seem to have thought that it was not yet time to stop killing wolves, for they raised the reward so that the State and county bounties amounted to $20 per wolf. Under this stimulus the hunters went zealously to work, and in October, 1845, acounts were allowed of John Longwell, one wolf, $20; John Condon, ditto, $20; Orson Atkins, ditto, $20; Joseph Brown, ditto, $20; William Impson, five young wolves, $50. This seems to have been considered rather too good a crop, and on the same day that the accounts were allowed the supervisors voted that $5 county bounty should be paid for each grown wolf and $2.40 for each whelp, and no more.
The State bounty was then evidently $10, and in Oc- tober, 1846, payments were made as follows: Nahum B. Eager, one wolf, $15; Harvey Barrett, three ditto, $45 ; Aaron Kinsman, two ditto, $30. On the 13th of October the county bounty was entirely abolished by the board, leaving only the State bounty. Total number killed in 1846, six.
As the State bounty was $10, however, there was still a considerable inducement to use the rifle or the trap, and on the 2d of October, 1847, Aaron Kinsman received, for one wolf, $10; Francis McMinn, ditto, $10. About this time the State bounty seems to have been reduced to $8, for during the same month we find records of payment to Charles E. Michelson, for one wolf, $8; James Wood, five wolf whelps, $20. Total for the year, three wolves and five whelps.
In January, 1848, Oliver S. McOmber received, for one wolf, $8. From that time there were no more cases re- ported until the 13th of October, 1851, when Hiram Ewalt produced proof of having killed one full-grown wolf, for which he received $8. One year later Joseph Mimtucna- qua, an Indian, received the usual $8 from the State through the Board of Supervisors, and this ended the chapter. So far as appears, this was the last wolf slaughtered in Van Buren County, the deed being very appropriately per- formed by one of the race of hunters who were long the lords of all this land.
THE COUNTY BUILDINGS AND PROPERTY.
THE OLD JAIL.
As early as the 23d day of June, 1838, before the county-seat was permanently located at Paw Paw, the Board of Supervisors, at a special meeting, took the following action :
" Voted, that the sheriff be authorized to build a suitable building to serve for a jail for said county ; the expense of said building shall not exceed four hundred dollars.
" Voted, that the jail shall be built on the ground ap- propriated for that purpose by the proprietors of the village of Paw Paw in said county."
The same year the Board of County Commissioners super- seded the Board of Supervisors. At their first meeting, held on the 21st of November, 1838, they approved the vote of the supervisors directing the sheriff to build a county jail.
At an adjourned meeting of the commissioners held on the 19th of January, 1839, the amount allowed for build- ing a jail was extended to six hundred dollars. The struc- ture in question was accordingly erected in the spring of 1839 ; and at a special meeting of the commissioners held on the 3d of June, 1839, they audited the accounts of Ma- son and Avery for building jail, $450. Other accounts on jail, $124.05. Total, $574.05. This jail was built of hewed logs laid upon each other, and was about 30 by 20 feet in size. It had two stories ; the lower one being occu- pied by three cells and a small hall, while the upper one was intended for the use of the jailer's family, and was reached by stairs on the south side. It was situated on the outside of St. Joseph Street, between Brown and Lagrave Streets.
THE COURT-HOUSE.
On the 1st of April, 1840, the site of the court-house was fixed on block 11 in Paw Paw, but on the 30th of January, as already mentioned, it was changed to block 40.
The county offices were kept in a private building be- longing to Joshua Bangs, and in January, 1841, it was resolved by the commissioners to hire the building another year for fifty dollars. At the same time they allowed school district No. 1, in the township of Lafayette, the very mod- erate sum of three dollars for the use of the school-house by the Circuit Court.
On the 8th of February, 1841, the commissioners met " for the purpose of taking into consideration the propriety and measures for building a court-house," but adjourned without action. On the 1st of March, 1841, they passed the following resolution :
" Resolved, That the sum of four thousand dollars be, and the same is, hereby appropriated for the purpose of building a court-house in and for the county of Van Buren."
They then directed William Mason to draft, or cause to be drafted, the plan for a court-house.
Nothing more was done until the 2d day of April, 1842, when the commissioners resolved to contract for building a court-house, provided that responsible parties would agree to furnish the materials and build it for not over three thousand dollars. On the 7th of April the commissioners gave notice that they would receive propositions for build- ing the court-house until noon of the 8th of that month,- an exceedingly short notice.
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