USA > Michigan > Cass County > History of Cass county, Michigan > Part 15
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SEC. 11. * * * For the purposes of this act, it is hereby enacted and declared that the counties aforesaid shall be consid- ered to comprehend, respectively, all the counties not organized and districts of country attached thereto by any law or executive act.
SEC. 12. That all acts now in force, and parts of acts contra- vening the provisions of this act, be and the same are hereby re- pealed .*
Approved November 4, 1829.
POLITICAL DIVISIONS.
Originally the county was divided into four town- ships-Pokagon, Penn, La Grange and Ontwa. This political division was made by the Legislative Council of the Territory by an act passed November 5, 1829. Section 1 of this act provides that all that part of the county of Cass known and distinguished on the survey of the United States by Townships 5 and 6, and the north half of Township 7 south, in Range 16 west (that is, the territory at pres- ent included in Silver Creek, Pokagon and the north half of Howard) be a township by the name of Pokagon; that all that part of the county of Cass known as Townships 5 and 6, and the north half of Township 7 south, in Range 15 west (the present Wayne, La Grange and north half of Jefferson), be a township by the name of La Grange; that all that part of Cass County known as Townships 5 and 6 and the north half of Township 7 south, in Ranges 13 and 14 west (the present townships of Volinia, Marcellus, Penn, Newberg and the north halves of Calvin and North Porter), be a township by the name of Penn; that all that part of Cass County known as the south half of Township 7 and Fractional Town- ship 8 south, in Ranges 13, 14, 15 and 16 west, be a township by the name of Ontwa. The township last named, a strip of territory six and one-half miles wide, extending across the county from east to west, and bounded on the south by the Indiana line, con- tained nearly one hundred and fifty-six square iniles. The original Townships of Pokagon and La Grange
each contained ninety square miles and the enormous township of Penn contained one hundred and eighty square miles. But this was not all. The county of Van Buren and other territory lying north of that county having been attached to Cass County, was made a part of Penn Township and so remained until 1835. The county of Berrien, which had been at- tached to Cass, was organized as one township under the name of Niles.
The act of November 5, 1829, named the places for holding the first town meetings in the several townships as follows: In Pokagon, at the house of Baldwin Jenkins; in La Grange, at the house of Isaac Shurte; in Penn, at the house of Martin Shields; in Ontwa, at the house of Ezra Beardsley; in Niles, at the house of William Justus.
By act of the Legislative Council of the Territory of Michigan, passed March 29, 1833, the townships of Porter, Jefferson and Volinia were organized, and the size of the original townships of La Grange, Ontwa and Penn was considerably decreased. The act provided that all that part of Ontwa, situated in Ranges 13 and 14, west of the Principal Meridian, should compose a township by the name of Porter, and that the first township meeting therein should be held at the house of Othni Beardsley ; that all that part of the county of Cass, known and distinguished as Township 7, south of the base line, and in Range 15 (the south part of La Grange), should compose a township by the name of Jefferson, and that the first election should be held at the house of Moses Reams ; that all that part of the county distinguished as Town- ship 5, in Ranges 13 and 14 (the present townships of Volinia and Marcellus), should compose a town- ship by the name of Volinia, and that the first elec- tion therein should be held at the house of Josephus Gard. The county of Van Buren, which had been attached to Penn, was now attached to Volinia, and so remained until March 26, 1835, when it was organ- ized under the name of Lafayette Township. The county was now divided into seven townships.
In the following year (1834), upon March 7, the township of Howard was ordered into existence by an act similar to those from which we have quoted. It was constituted as it now exists, being Township 7, of Range 16, and was composed from territory which had before this time been included in Ontwa and Pokagon. The first election was held at the house of George Fosdick.
The townships of Calvin and Wayne were erected with their present boundaries under the provisions of an act approved March 17, 1835-the former from territory included in Penn and Porter, and the latter from La Grange. The first township meeting in Cal-
* Laws of the Territory of Michigan, p. 744.
68
HISTORY OF CASS COUNTY, MICHIGAN.
vin, it was provided, should be held at the dwelling of John Reed, Sr., and the first in Wayne at that of Joel C. Wright.
When the Territorial Government passed out of existence, Cass County consisted of ten townships. Under the authority of the State Legislature, ex- pressed from time to time in its acts, five other town- ships were established, viz .: Mason, Silver Creek, Newberg, Milton and Marcellus. Mason was estab- lished by an act passed March 23, 1836, and the first election was held at the house of Jotham Curtis. The organization of Silver Creek was ordered March 20, 1837; Newburg, March 6, 1838; Milton, March 15, 1838; and Marcellus, March 9, 1843. The first township election in Silver Creek was held at James M. McDaniel's ; in Newberg, at John Bair's ; in Mil- ton, at Peter Truitt's ; and in Marcellus, at Daniel G. Rouse's.
LOCATION OF COUNTY SEAT .*
July 31, 1830, the Legislative Council of the Ter- ritory approved " an act to provide for establishing seats of justice." By the provision of this enactment, the Governor was authorized to appoint commissioners to locate the seats of justice in the several counties where they had not already been located ; it was spec- ified that the commissioners, on being appointed, should duly qualify for their office by taking oath faithfully and impartially to discharge their trust ; that having located the seat of justice of any county, they should report their proceedings to the Governor, and if he approved of the same, he should issue a proc- lamation causing the establishment of a seat of justice agreeable to the report. It was further provided that the proclamation should be published in the several newspapers printed in the Territory.
Gov. Porter, under the provisions of this act, ap- pointed Martin C. Whitman, Hart L. Stewart and Col. Sibley as Commissioners to locate the seat of justice for Cass County, and they, after some delibera- tion, decided upon Geneva, a village laid out on the bank of Diamond Lake, by Dr. Henry H. Fowler, as the proper location.
The decision produced much dissatisfaction. It was alleged, and truly, that Sibley and Stewart de- layed the announcement of the location until they had been able to go to the land office at White Pigeon and enter tracts of land adjoining Geneva.
Those who were unfriendly to the location at Ge- neva signed remonstrances which they addressed to the Territorial Council. They were effective.
March 4, 1831, the council passed an act to amend that of July 31, 1830, under which the seat of jus- tice of Cass County had been located at Geneva.
Section 1 of this act provided that the Governor should, by and with the consent of the Council, ap- point three Commissioners to re-examine the proceed- ings which had taken place in relation to the estab- lishment of the seats of justice of the counties of Branch, St. Joseph and Cass, and to confirm the same or make new locations, as the public interest might in their opinion require. It was provided by Section 2 that the Commissioners should meet in Cass County on the third Monday in May, 1831, to examine the county and determine where its seat of justice should be located. They were authorized to accept any do- nations of land, money, labor or material that might be tendered to them for the use of the county. Sec- tion 3 provided that the proceedings and decision of the Commissioners should be reported to the Governor within thirty days after the termination of their serv- ices, and that a proclamation should be issued by the Governor announcing the decision and establish- ing such seat of justice as had been agreed upon, and that after the 1st day of January next ensuing, the places selected in the respective counties should be- come seats of justice. This section contained the proviso that in case it was made to appear to the satis- faction of the Governor that the Commissioners were guilty of any improper conduct, tending to impair the fairness of their decision, it should be his duty to suspend any further proceedings. It was further pre- scribed that the Commissioners be allowed $3 per day for their services, to be paid out of the Ter- ritorial Treasury, with the proviso that the amount thus paid should be refunded to the treasury in equal proportion by the persons upon whose land the seats of justice might be located. Section 9 read as fol- lows :
" That the decisions of the Commissioners heretofore appointed to locate the seats of justice in the counties of Branch, St. Joseph and Cass shall be and the same are hereby set aside.
Thomas Rowland, Henry Disbrow and George A. O'Keefe, were appointed Commissioners under the provisions of this act to relocate the county seats of Branch, St. Joseph and Cass Counties. They located that of Cass County at a point. in the southeast quar- ter of Section 26, in La Grange Township, and their action was confirmed and made authoritative by the following proclamation of Acting Gov. Mason, issued December 19, 1831 :
A PROCLAMATION.
WHEREAS, In pursuance of an act of the Legislative Council, entitled " An act lo amend an act entitled ยท An act to provide for establishing seats of justice,'" Thomas Rowland, Henry Disbrow and George A. O'Keefe were appointed Commissioners to re-ex- amine the proceedings which had taken place in relation to the establishment of the seats of justice of the counties of Branch, St. Joseph and Cass, and to confirm the same, and to make new locations, as the public's interest might in their opinion require ;
* See also chapter on the history of Cassopolis.
HISTORY OF CASS COUNTY, MICHIGAN.
AND WHEREAS, The said Commissioners have proceeded to perform the said duty, and by a report signed by them, have located the seat of justice of the said county of Cass, at a point on the southeast quarter of Section 26, Town 6, Range 15 west, forty rods from the southeast corner of said section, on the line running west between Sections 26 and 35;
NOW THEREFORE, By virtue of the authority in me vested by said act, and in conformity with said report, I do issue this proclamation, establishing the seat of justice of the said county of Cass at the said point described as aforesaid.
In testimony whereof I have hereunto set my hand and caused the great seal of the Territory to be affixed, on this nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty one, and of the Independence of the United States the fifty-sixth.
(Signed ),
STEVENS T. MASON,
Secretary and at present Acting Governor of the Territory of Michigan.
EARLY TRANSACTIONS OF THE BOARD OF SUPER- VISORS.
A majority of the Board of Supervisors of the county of Cass and Territory of Michigan met for the first time pursuant to law, at the house of Ezra Beardsley, in Edwardsburg, on October 4, 1831. Those present were John Agard, Othni Beardsley and James Cavanagh. John Agard. was chosen as Presi- dent and Alex H. Redfield was appointed Clerk of the Board. As two members were absent, the meet- ing was adjourned. On the 17th of October, the Supervisors again assembled at Edwardsburg. After examination of the assessment rolls of the several townships and making various alterations therein, the board reported the first valuation and tax assessment of Cass County as follows:
ASSESSMENT OF THE SEVERAL TOWNSHIPS.
Collectors.
Tax Laid for County for Township Purposes.
Purposes.
Pokagon
$23364 00 L. Edwards ...
$ 82 52
$ 31 00
Niles.
38987 00 D. Wilson, Jr.
23 28
155 61
La Grange
23321 00 E. P. Bonnell.
87 88
31 00
Penn.
37643 00 H. Langston.
89 68
92 60
Ontwa
33634 27 N. C. Tibbits ..
87 62
80 55
Total.
$156969 27
$370 98
$390 76
At the time provided for the next meeting-Jan- uary 3, 1832-there was no quorum present, nor yet upon the 5th of March, but upon the 31st of that month, the board met at the house of Ira B. Hender- son in Cassopolis. The Treasurer of the county was present and showed receipts of money as follows: From Lewis Edwards, Collector of Pokagon, $82.52; from E. P. Bonnell, Collector of La Grange, $87.88; from Hardy Langston, Collector of Penn, $89.68; and from Nathan C. Tibbits, Collector of Ontwa, $87 .- 62. It was shown that there was due from David Wilson, Jr., of Niles, the sum of $23.28, for which sum a warrant "was issued against the goods and chattels, lands and tenements of the aforesaid David Wilson, and delivered to George Meacham, Sheriff of
the county, on the 20th day of February, 1832." Further entry shows that the business was satisfac- torily adjusted.
The following table shows the tax assessment of the county for 1832:
ASSESSMENT OF THE
Collectors.
for County for Township Purposes. Purposes.
Penn
$47304 00S. Ilunter
$ 70 80
$ 70 80
La Grange.
34260 00 E. P. Bonnell.
51 39
85 65
Pokagon.
29194 00 L. Edwards ...
43 79
102 37
Ontwa
40509 00 J. Butler.
60 76
81 11
Total $151167 00
$226 74
$339 93
The rate of tax for township purposes was : In Pean, 1} mills upon the dollar ; in Pokagon, 3} ; in Outwa, 2.
The tax laid in 1833 was as follows :
Tax Laid
Tax Laid
ASSESSMENT OF THE
Collectors.
for County' for Township
SEVERAL TOWNSHIPS.
Purposes.
Purposes.
Volinia.
$21334 00 J. B. Gard ....
$ 53 33
$ 53 33
Peon.
44708 00 Sam'l Hunter.
111 72
135 00
Jefferson
12063 00 L. D. Norton ..
31 11
6 03
Pokagon
33249 00 M. Robinson ..
83 12
53 12
Porter
26685 00 E. Beardsley.
66 51 No lax Claimed.
Ontwa
55208 00 J. L. Jacks ...
138 02
82 80
La Grange.
44901 00 E. P. Bonnell.
111 39
66 75
Total
$238,148
$595 20
$397 03
The rate of tax this year for township purposes was : In Penn, 3} mills on the dollar ; in Pokagon, 13 ; in Volinia, 2} ; in Ontwa, 4 : in La Grange, 1], and, in Jefferson, } mill.
The valuation of the townships, with amount of taxes levied by the Supervisors for county and township pur- poses for the years 1834 to 1840 inclusive, is herc shown:
YEARS.
Valnation.
County.
Township.
1834
$ 293958
$ 881 87}
$ 468 38
1835
342585
1027 65
511 544
1836
820978
4105 02
985 32
1837
1088589
5442 9-14
1323 11
1838
1092893
4098 344
1349 70
1839
1086234
4344 95
1732 40
1840
1145620
6870 64
2132 67
COURTS.
The courts of record which now exercise jurisdiction in Cass County are the Supreme Court of the United States, the United States District Court, the United States Circuit Court, the Supreme Court of Michigan, the Circuit Court of the Second Judicial Circuit of Michigan and the Probate Court. The County Court had jurisdiction prior to April, 1833, and during the period between 1846 and 1851. The Court of Chan- cery had existence from 1836 to 1847. Cass County was within the jurisdiction of the Kalamazoo Circuit.
The first court established in the Territory of Michigan was the Supreme Court, consisting of one Supreme Judge and two Associates, appointed by Presi- dent Jefferson and confirmed by the United States Senate. The Judges originally appointed in 1805 were Augustus Brevoort Woodard, Samuel Hunting- ton and Frederick Bates. The office was declined by
Tax Laid
Tax Laid
SEVERAL TOWNSHIPS.
Tax Laid
70
HISTORY OF CASS COUNTY, MICHIGAN.
Huntington and his place was filled in 1806 by John Griffin. *
The court was organized by Gov. Hull and Judges Brevoort and Bates on the 24th of July, 1805.
On the 25th of July, 1805, the same authority created the District Courts. They had only a brief existence, being abolished in September, 1810.
The next courts established (after the County Courts in 1815) were the Circuit Courts, which were created in the counties of the Territory by the Legislative Council in August, 1824, and re-affirmed in April, 1825, the act to take effect in September.
Upon the 27th of April, 1827, the Council re-en- acted former laws pertaining to the courts and re-es- tablished the Probate Courts. Cass County was then attached to Lenawee for judicial purposes. The act which erected it as a separate county contained clauses establishing within it the Circuit County and Probate Courts (see ante) and prescribing that the first term of the Circuit Court "should be held at the schoolhouse, near the house of Ezra Beardsley."
This was the first court of any kind held in Cass County, of which there is record.
The first term of the Circuit Court opened upon the 9th of August, 1831, at the house of Ezra Beardsley (instead of the schoolhouse) in Edwardsburg,t the Hon. William Woodbridge and the Hon. Solomon Sibley presiding.
The records show, that " the court being opened by the Sheriff (George Meacham), and organized accord- ing to law," and the venire having been previously served, there appeared the following grand jury, to wit: Adam Miller, Moses Finch, Reuben N. Harri- son, Jacob L. Kinzey, William Barlow, T. A. H. Edwards, Isaac Williams, James Girt, Mulford Hulse, Nathan Tharp, Abner Tharp, Maxwell Zane, Abra- ham V. Tietsort, Garrett Waldron, Isaac Shurte, Eli P. Bonnell, Dennis Wright, Michael I. McKen- ney, Wilson Blackmore. John Bogart and Sylvester Meacham. Adam Miller was appointed by the court as foreman of the jury. Eli P. Bonnell was excused from duty as a juror, and assigned to attend the court as Constable. The jury being sworn, received their charge, and retired for consultation.
William H. Welch and Columbia Lancaster made application to be admitted as counselors and attorneys at law. The court appointed E. B. Sherman, Neal McGaffey, and J. Stetson, Esqs., a committee to examine the applicants, and they reported favorably upon their admission.
Two suits were brought before the court upon the
first day of the session, viz. : Adam Salladay vs. G. Shurte, and John Agard vs. Sterling Adams.
The jury returned into court, and " presented one presentment and one indictment, indorsed true bills." The District Attorney having no further cause for their detention, they were discharged by the court. It appears from the fragment of the record of this court that one of the presentments "was relative to the laws of the Territory," and upon motion of E. B. Sherman, it was ordered that it "be copied by the Clerk and sent to the Governor of the Territory, and that one copy be sent by said Clerk to the editor of some newspaper, published within the Territory, for publication."
The term of court lasted but two days, being ad- journed upon the 10th of August.
The County Courts were established by the Terri- torial Governor and Judges on the 24th of Octo- ber, 1815. The first term of the County Court in Cass County was like that of the Circuit Court held at Edwardsburg, and in the house of Ezra Beardsley. The date was November 29, 1831. After the open- ing of the court by the Sheriff, the commission of the Hon. Joseph S. Barnard as Chief Justice was read, and also the commissions of Hon. John Agard and Hon. William Burke, Associate Justices. The men summoned to appear as jurors at this court were : John Kinzey, William Kirk, Calvin Sullivan, John Ray, Henry Denny, Joseph McPherson, Samuel Springer, John Donnel, Hiram Jewell, James H. C. Smith, Dennis G. Wright, Thomas Smith, Moses Reames, Joel C. Wright, Micajah McKenney, Arm- strong Davidson, William Tibbitts, John Smith, Jacob Virgil, William Morris, George Shultz, Ebenezer Thomas, Jacob Rinehart, and Nathan Norton. Of these, McPherson, Donnel, Kirk and Reames did not appear, and a capias was issued, summoning them to appear before the next term of court, and " show rea- son why they should not be dealt with as the law directs." Those jurors who were present were dis- charged, there being no business before the court demanding their presence. Only one case was upon the docket-a criminal action for assault and battery -in which the defendant was discharged.
The second term of the County Court was held at Cassopolis, opening November 27. 1832. The County Court consisted of a Chief Justice or Judge, and two Associate Justices. Various acts were passed by the Legislative Council, restricting the jurisdiction of the County Courts, and transferring their powers to the Circuit Courts, and finally, in April, 1833, they were abolished altogether in all of the organized counties of the Territory.
In 1846 a revision of the judicial system of Michi-
*Campbell's "Outlines of the Political History of Michigan."
+ In H. S. Rodger's history of Cass County, it is stated that " the first court was held in the fall of 1832, under an oak tree just south of the public square (in Cassopolis).
71
HISTORY OF CASS COUNTY. MICHIGAN.
gan being made, the County Courts were again estab- lished. A County Judge was elected for a term of four years, and at the same time a " second " Judge was chosen for a similar period. The County Court, as re-constituted, " had original and exclusive juris- diction of civil actions in the county, in which the demand did not exceed $500, excepting actions of ejectment, probate proceedings, and cases within a Justice's jurisdiction. It also had appellate jurisdic- tion over Justices. Cases were removable from the County Court to the Circuit Court on certiorari only."
The first term of the County Court of the second period, held in Cass County, opened in Cassopolis March 1, 1847, the Hon. Joseph N. Chipman on the bench. "There appearing to be no business, the court adjourned sine die."
By the Constitution of 1850, the judicial power was restricted to the Supreme, Circuit and Probate Courts, courts of Justices of the Peace, and such Muni- cipal Courts as might be established by the Legisla- ture in cities. The County Court passed finally and forever out of existence in 1851.
The last term held in Cass County commenced August 5, 1851, Judge Cyrus Bacon upon the bench.
The earliest record of the Probate Court of Cass County, which can be found, appears upon the last page of an early volume of the record of Mortgages in the Register's office, and the beginning reads as fol- lows : "The Probate Court met agreeable to adjourn- ment on Saturday, April 14, 1832, at Edwardsburg, E. B. Sherman, Judge presiding."
" John Lybrook appeared and made application for letters of administration on the goods, chattels and credit of John Ritter, deceased, died in the township of La Grange on the 31st day of August, 1829."
Thomas McKenney, after whom McKenney's Prai- rie was named, was the first Judge of Probate appointed, but it is probable that he transacted no official business, and in fact it is not known that he quali- fied. Elias B. Sherman was undoubtedly the first Judge who filled the office. He was appointed March 4, 1831, and succeeded by H. B. Dunning in 1838.
The early mention of the Probate Court, which has been given, is a mere fragment and irregularly record- ed. In the present Probate Judge's office is a very small volume, labeled "Liber A," which contains a record of the court from 1835 to 1839. The first entry is under date of April 18, 1835. It appears that Judge Sherman at that time held a court at Cas- sopolis. One of the iteins of business was the proving and recording of the last will and testament of Jona- than Hussey, of Howard Township.
While Mr. Sherman was Judge, the court was usu-
ally held in Cassopolis, and during Mr. Dunning's term, which extended to 1839, the court nearly always sat in Ontwa or the village of Edwardsburg.
The regular terms of the Probate Court are now held upon the first Monday of every month, but the court is in readiness to discharge the duties imposed upon it upon all other days, when business may be legally transacted.
The Court of Chancery, which has been spoken of as having jurisdiction in Cass County for a term of years, was established by the Legislature in 1836, immediately after the admission of Michigan to the Union. Its powers were exercised by a Chancellor, appointed by the Governor and holding office for seven years. The jurisdiction of the court was substan- tially the same as that of the English Court of Chan- cery. There were three circuits of the Chancery Court, and terms were held at Detroit, Ann Arbor and Kalamazoo. Under this system, a Master of Chancery was appointed by the Governor, in each county. When the judicial system of the State was revised in 1846, the Chancery Court was abolished and its powers transferred to the Circuit Court. The Constitution of 1850 prohibited the office of Masters of Chancery and provided for the election of Circuit Court Commissioners, who were given a jurisdiction in chancery matters.
PUBLIC BUILDINGS.
The first public building erected was a jail. At the meeting of the Supervisors, held upon the 31st of March, 1832, it was resolved "that a gaol be built at Cassopolis, the county seat, to be completed on or be- fore the 1st day of December next, and to cost at the extent but $350, to be paid for out of the money sub- scribed for the county seat." Alexander H. Redfield, Esq., was appointed to make and let the contract for the building of the "gaol" and to collect the subscrip- tion moneys. It was prescribed that the jail should be made of hewn logs, one foot square, of hard timber, and that the building should be thirty feet long by fifteen in width and one story high. The contract was award- ed to Eber Root and John Flewwelling. Nathan Baker and Andrew Woods were appointed as inspect- ors of the work. The jail was finished according to specifications, but not within the time originally speci- fied, because of Mr. Root's ill health. In fact the building was not ready for use until the early part of 1834. In January, Henry II. Fowler (of Geneva) Sheriff of the county, presented a protest against the acceptance of the jail, alleging that it was an unsafe place for the "confinement of criminals and debtors." The building however was accepted. In March, 1834, the Supervisors recommended that it should be floored
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