USA > Michigan > Wayne County > Detroit > History of Detroit and Wayne County and early Michigan: A Chronological Cyclopedia of the Past and Present, Vol. I > Part 14
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28
THE GOVERNOR AND JUDGES' PLAN. - LAND BOARDS.
and occupants but in some cases their wives, and even their slaves, were the recipients of donation lots.
The claims allowed to individuals in all three classes were bought up, traded, and transferred, in many instances never being owned for any length of time by the persons to whom the lots were given.
There would seem to be no end to the opportunity for legitimate criticism of the proceedings of the Governor and Judges. One would naturally sup- pose that the Congressional Act of 1806 was intended to relieve, as far as possible, the necessities of those who suffered by the fire. That was the ostensible object of the Act; but in fact the most valuable lots were sold to and taken up by persons who were not sufferers by the fire, nor even residents of the town when it occurred. The Governor and Judges sought, by various methods, to compel the people to purchase lots, and the donation lots were offered rather as a sort of bonus than as a gift.
The Donation Files are in the office of the city clerk. File Number One contains a list of claim- ants to lots under the first, second, and third classes, with the numbers of lots according to the old plan. File Number Two contains a list of unsettled claims. File Number Three gives a list of proprietors and residents of the town on June 11, 1805. There are one hundred and fifty-eight receipts for donation lots.
The difficulty of distributing the donation lots satisfactorily, and the troubles between the Governor and Judges, are indicated in the following extract from a letter by Judge Woodward to James Madison, then Secretary of State. He says :
The town titles will be definitely arranged as soon as the mili- tary reservation is made. We gave great dissatisfaction in the dis- tribution of the donations. Mr. Bates and myself were clearly of opinion that the donations should not be suffered to run foul of the adjustment of the ancient titles. The governor gave way to the public storm. As their wish was, however, impracticable in its own nature, not from the mere reluctance of those who were to make the distribution, we have been constantly obliged to pain- fully tread back upon our own steps; and none of us have given satisfaction to the people. Perhaps none could have done it under the jealousies and dissensions existing among them. But they would have been more respectful towards the Government if it had been steady and firm. On one side desiring nothing wrong, and not to be driven from what they knew to be right on the other.
The plan of 1805 was superseded by the plan of 1806, made by Abijah Hull. This plan differed from that of 1805, both in the size and the boun- daries of the lots. What is probably the original is in the city clerk's office; it is pasted on a piece of stiff paper, and bears on its face the words " Abijah Hull, Derby, Conn." (the birthplace of Governor Hull) and the words " Abijah Hull, Detroit, Mich.," together with a rough outline of two buildings, evi- dently intended to represent the capitol and the penitentiary.
There is also in the city clerk's office a plan on parchment, mounted on rollers, entitled, "Copy of Plan of 1806, by Abijah Hull, Detroit, Mich.," bear- ing the words, " The figures in black ink denote the plan of 1806, the figures in red denote the plan of 1807." This last-named plan was fully identified in 1877 by J. F. Munroe as the copy of the Abijah Hull plan, which was made by him while in A. E. Hathon's employ, from Brush's abstract of titles and the Governor and Judges' papers.
In 1807 Abijah Hull prepared plans of sections I, 2, 3, 4, 6, 7, and 8. These plans, in the shape of some of the lots, and also in the numbering, differ from former plans. This series of section plans, called the " Book of Sections," was adopted by the Governor and Judges, all the plans being attested with the signatures of William Hull, Governor, and Peter Audrain, Secretary. The certificate of the county register as to the recording of these plans was not attached until December 23, 1848.
All of the sections named are marked as approved on April 7, 1807, except Section No. 7, which was approved April 13, and Section No. 1, which was approved on April 27 of the same year. Sub- sequently to 1807, Aaron Greely appears to have been employed by the Governor and Judges as sur- veyor, and he is said to have deviated from all the previous plans. Deeds were issued in accordance with lots as shown on the several plans, and grants were made that conformed to none of the plans, but simply confirmed titles to tracts of land in the old town and adjoining domain, the boundary lines being described by old landmarks regardless of later plans.
The main features of the plans of 1805, 1806, and 1807 were undoubtedly the same, and do great credit to the foresight of their author, Judge Woodward. His views of the future of Detroit were nearly a century in advance of his time.
In the light of existing facts, no one who studies the original plan can avoid wishing that it could have been adhered to. The portions of the city of which we are most proud and which are most admired by strangers, our main avenues, the Campus Martius, the Grand Circus, and the smaller public squares, are all parts of Judge Woodward's plan. His diagonal streets and avenues have produced several locations of special prominence which afford excep- tional opportunities for architectural display. Pecu- liar and pleasing vistas result in many places from the triangular intersection of streets arranged for in his plan.
That the plan was suggested by Judge Woodward is evidenced by the fact that seven pages of his Private Memorandum Book, commenced March 29, 1802, are occupied with a map of the city of Washington cut into sections. Anyone who looks at this book, and examines the old plan of 1806,
29
THE GOVERNOR AND JUDGES' PLAN. - LAND BOARDS.
will be convinced that it was made by Woodward from suggestions afforded by the plan of Washing- ton. That city had been laid out only fourteen years before. When Mr. Woodward came here from Alexandria, he was full of plans for remodel- ling Detroit after the national capital, which was so near his old home. The capital itself was laid out by a French engineer, Major Lenfant, who took portions of Versailles as his model. Our old French city thus has features in its plan which perpetuate remembrances of the capitals of its earliest and its latest Government.
The Governor and Judges' Plan covered some old claims and also the Government Reserve; but in so far as any of the owners yielded to the plan, it was largely of choice. In all cases where the old proprietors were willing, lands were exchanged with them foot for foot; but in several instances the owners preferred to retain their old holdings, giving up or exchanging. only so much as was covered by the new streets. The entire front of the old town, so far as it was in private hands, was retained in its original shape, and hence the lots south of Jefferson Avenue, and extending west from a point not far below Griswold Street, do not conform to the plan of 1807. The same is true of scattered lots north of Jefferson Avenue, as well as some east of Wood- ward and south of Jefferson Avenue, which were confirmed as original private holdings.
A space one arpent wide from the west part of the Askin or Brush Farm, and extending back to Michigan Avenue (perhaps a little farther), sold by Mr. Askin, and partly built up several years before the fire, never yielded to the plan.
On November 17, 1808, James McCloskey, by re- quest of Governor Hull and Judge Witherell, made a plan of the city, laying it out at right angles, which they sought unavailingly to have adopted. In 1816, seemingly at the request of the Governor and Judges, Thomas Smith examined all deeds and records that could be found, and, taking Hull's "Book of Sec- tions," so far as possible, as a guide, prepared a new plan about six feet square. This plan appears to have been endorsed by the Governor and Judges, as use was made of it at various public land sales, but no trace of it can now be found.
The Governor and Judges were required, by the original Act of Congress, to report their proceed- ings; but they made no report until Congress, by Act approved May 30, 1830, required them to trans- mit a plat of the city. In accordance with this law, John Farmer of Detroit was engaged by Governor Lewis Cass and Judges William Woodbridge, Solo- mon Sibley, and Henry Chipman to prepare a plan of Detroit. The map was drawn on a scale of two hundred and fifty feet to one inch, and was for- warded to Congress by the Governor and Judges,
with other documents, on January 8, 1831. Much opposition was made to it by many citizens at the time, as private interests were not consulted in its preparation, only the official and legal representation of lots being given. On February 12, 1831, the Committee on Territories reported a bill in favor of the map as drawn by John Farmer; but as the Gov- ernor and Judges were found to have full power in the matter, no further action was thought necessary. The map, on a reduced scale, is reproduced in Vol- ume V. of the American State Papers, Public Land Series ; and a fac-simile, one third the size of that reproduction, is given. It is the only official map forwarded by the Governor and Judges, or recog- nized by Congress, and is frequently referred to in law cases where the highest authority is desired. It will be noticed that the sub-divisions of the Military Reserve, although laid out several years before the map of 1831 was made, are not shown on the map; the reason lies in the fact that the Reserve was laid out by the city, and not by the Governor and Judges.
The Governor and Judges made no report to Con- gress in regard to their management of the Park Lots or the Ten-Thousand-Acre Tract. J. F. Mun- roe says that when the papers of the Governor and Judges were turned over to A. E. Hathon, city surveyor, there was among them a survey of these lands, and that Hathon neglected to give it to his successors. His office was subsequently destroyed by fire, and the survey was undoubtedly burned.
The Governor and Judges, first in charge, un- doubtedly assumed unlawful power in giving away lots to various churches and societies, and exceeded their authority in many particulars. None of these powers were included in the Act creating the Land Board. The ease with which their sessions changed from land-board to legislative, and from legislative to judicial, as the exigencies of the case seemed to them to demand, was something marvellous even for that time of transition. They were not asked to present any detailed account of their management as a Land Board or of the disposition of their trust ; and no report was ever rendered by them as to the disposal of a single lot, or of a single dollar received from the sale of lots. Different persons served in connection with the important trust, and as no ac- count of their acts was ever officially called for, they cannot well be blamed; but it certainly was a mani- festation of great confidence or of great carelessness to suffer any set of men to wield so much power without requiring from them any report.
There were at their disposal ten thousand acres of land immediately adjoining the city, over four hundred city lots in the best and oldest part of the town, and all of the lands known as the Park Lots, lying north of Adams Avenue and on both sides of Woodward Avenue, between the Cass and Brush farms, and ex-
30
THE GOVERNOR AND JUDGES' PLAN .- LAND BOARDS.
tending nearly to the present railroad crossing, a distance of two and one half miles; and the old capi- tol, the jail, and a few scattering lots, comprised the net proceeds of their far-seeing efforts.
Adams
-
=
10
10
A
.
2
-
1
r
8
Ar
N
.
Macomb
4
3
la
14
Arenas
19
2
..
4
:
Grand
n
.
M
Washington
.
-
3
.
.
=
.
.
13
1
.
Sec. V7IT
-
-
2
:
.
3
±
.
43
Monroe
CITY OF DETROIT
as laid out by the Gov. and Judges.
REFERENCES.
Grand
wanting to the verdad Max.
The small figure when phical within a Tel, donde ris ine in fort as doritil on the Ilhan forward Ich, but were placed caldade ofic J.a. in the margin of the Sucre semaine it's watch as ayourself in the yrovrkd. Plan in figurer.
The Rod Laver white metis Minde ayant by the Corporation.
.
The Soul of this That is two hundred and big fat to an wach. Die erguiel ange it N"Ji. vier, from which this may
enferrol is on a orale of ISO food to one week $
101
:
Street
..
73 18 71
-
Reserve.
47
Street
Street
.
.
.
.
¥ Street
Avenue
-
layr
Shelby
1
Griswold E
4
..
Reserve
Woodbridge
Street
-
-
103
2
Atwater
Street
The following persons acted as secretaries of the Land Board :
Peter Audrain 1806-1809
Joseph Watson 1809-1818
A. E. Wing 1818-1822
A. G. Whitney
1822-1824
E. A. Brush 1824-1826
H. Chipman 1826-1829
That no account was rendered is made apparent by the fact that the memorial of a committee of citi- zens to Congress, in January, 1823, printed in the Detroit Gazette, says that no statement of the receipts or expenses of the Territory had ever been made
L. B. Sturges
1829
E. A. Brush 1830-1832
Thomas Rowland 1832-1834
A. S. Kellogg
1834-1837
After the State was admitted into the Union, there
public, and that even the appropriation laws had not been published, except in one or two instances. The article also set forth, "That the Governor and Judges, as trustees of the Detroit fund, had already been in the management of that trust for sixteen years, and no court-house & Madison Avenue is as yet built, or any 10 steps taken towards build- See XI Aronne n ing one; no account has ever been rendered of their 67 proceedings in the man- Miami agement of said fund, . either for the information 15 $1 of the people for whose benefit the grant was made, 3 or to Congress who made See. IX the grant. That one of the judges is directly and n voluntarily interested to a - very large extent in the funds of that trust ; and we H have reason to believe, Avenue - - - from his conduct as a member of the Land = Board, that that interest See VIT 44 has a direct influence on the management of the concerns of that trust." Avenue Section 17 - The financial transactions 74 connected with their doings 75 under the Act were kept by the treasurer of the 12 $ Territory in an account & * 4 called the " Detroit Fund;" Section & but the most diligent search . has failed to find any re- cord or statement of re- 1 a T ceipts or expenses credited . . &.Street. or charged to the fund dur- · 1 ing the first twenty years = of their administration. I ,Randolph
The Oraramme Lina V 20 W and supposed to work hereabout
-
Avenue
34
Sec.X
.
2
-
-
.
.
#
Woodward
40
Michigan
PLAT of the
75
: I
Reserve
Military
I.arnrd 3
Alilitury
Street
Avenue.
Woodward
.
.
Bates
110
I Certify" that this That contains a correct Plan of the
City of Detred a far as the materials is my platsenens.
DETROIT
have makled me to prepare the same
RIVER
Thereil Jung'S# 1831
JORN FARMER.
Tigno Canty; Mirk. Terry.
REDUCED FAC-SIMILE OF THE GOVERNOR AND JUDGES' PLAN.
.
37
:
.
.
Jefferson
Military
FI
1
3
₹
31
THE GOVERNOR AND JUDGES' PLAN .- LAND BOARDS.
remained neither territorial governor nor judges legally competent to deal with such lands as re- mained of the original trust, and of necessity the trust was terminated.
The last session of the Governor and Judges as a Land Board was held on July 1, 1836, when they conveyed a lot to the Detroit. Young Men's Society. Their functions ceased two days after.
For twenty-two years after the establishment of a regular city government, the Governor and Judges controlled and disposed of the property originally committed to them, although the occasion and neces- sity for the continuance of their trust had long before passed away; and not until five years after their authority ceased was any one charged with the duty of closing up their affairs.
When their régime closed various city lots were still undisposed of, the titles of others were not se- cured to their rightful owners, and the business gen- erally was in a confused and unfinished state.
On April 25, 1837, a Committee of the Common Council was appointed to inquire into the state of the Detroit Fund, and on May 9 the council directed the recorder to prepare documents to be presented to Congress, in order to obtain the transfer to the city of the balance of the funds, or lots.
On August 5 the recorder presented the form of a memorial which was adopted; and on March 24, 1838, $200 were ordered to be paid to Ross Wil- kins for making investigations and preparing the memorial. No action was taken by Congress, and the work of petitioning was repeated in 1840. On April 14 a memorial was signed by all the members of the council; and on August 29, 1842, Congress passed a law making the mayor, recorder, and aldermen the successors of the Governor and Judges, and directing them to take an oath to carry out the law which authorized them to sit as a Land Board. The law also required them to report, on or before January 1, 1844. This last requirement, however, they neglected to observe.
On September 27, 1842, the city clerk was di- rected to take charge of all the old Land Board documents; and on December 20, 1842, Bela Hub- bard and C. O'Flynn were appointed "to make a full examination and report concerning the origin, administration, and present condition of the trust originally committed to the Governor and Judges."
On November 26, 1844, they presented an elabor- ate report, with many interesting details, including a complete list of the changes in numbers of lots, re- sulting from the various and conflicting plans of the Governor and Judges. The numbers according to the new plan are the numbers now used, the num- bers according to the old plan being of value only in tracing early ownership.
LIST OF CHANGES IN NUMBERS OF LOTS.
()ld Plan.
New Plan.
Old Plan.
New Plan.
Old Plan.
New Plan.
Old Plan.
New Plan.
SECTION I.
51
59
49
48
57
59
9 & 12
IC
53
62
52
51
60
62
37
41
55
63
53
52
61
63
38
42
56
64
54
53
62
6.4
43
48
57
65
55
54
6
65
44
49
58
66
56
55
64
66
45
.50
59
67
76
74
68
71
46
51
82
97
77
75
69
72
47
52
83
98
78
76
70
73
48
53
84
99
79
77
71
74
49 & 50
54
87 & 97.
103
80
78
72
75
51
56
SECTION 3.
83
80
74
77
52
57
37
53
85
82
75
79
57
63
38
54
86
83
77
8
59 & 60
65
40
56
SECTION 7.
81
83
61
6-
41
108
21
21 & 22
82
84
62
68
SECTION 4.
22
23
SECTION 8.
63
69
70
49
53
24
25
22
23
66
72
51
55
26
27
23
24
67 & 115
73
52
=6
27
28
24
25
68
74
53
57
28
29
26
27
86
93
53 & 55
59
30
31
27
28
87
94
56
60
31
32
28
29
SECTION 2.
58
62
33
34
30
31
16
19
60
64
35
36
32
33
18
2I
62
66
37
38
34
35
19
22
6:
67
38
39
35
36
2I
25
65
60
40
41
37
39
23
27
SECTION 6.
42
43
39
40
25
29
35
34
43
44
40
41
26
30
36
35
44
45
41
42
27
37
38
37
46
48
42
44
4I
48
39
38
47
49
43
45
42
49
40
39
48
50
44
47
44
5L
42
41
50
52
46
48
45
52
43
42
51
53
47
49
46
53
44
43
52
54
48
50
47
54
45
44
53
55
49
51
48
55
46
45
54
56
50
52
49
56
47
46
55
57
51
53
50
57
48
47
56
58
52
54
-
84
92
54
58
29
3º
33
20
3º
17
20
61
6=
36
37
33
34
20
23 & 24
64
68
39
40
36
37
22
26
59
63
34
35
31
8c
58
64
39
55
79
80
82
60 & 59
66
42
107
84
81
75
78
53
58
71
50
54
25
26
73
75
50 & 51
55
52
60
50
49
58
60
61
51
50
59
61
36
40
54
41
40
45
47
8:
43
31 & 32
28
33
46
43
50
49
42
38
24
28
57
61
23
24
64
21 |21 & 22
65
25
26
81
79
1
Their report showed that the city had become the absolute owner of twenty-nine lots, with possible or part title in nearly seventy others. Ever since 1842, as occasion has required, land-board sessions of the council have been held, decisions made, and deeds issued to claimants and purchasers. Sessions have also been held from time to time to perfect titles of property originally deeded by the Governor and Judges, and to define the powers and rights of the city as to various parks laid out on the original plan. In 1880 a session of the council as a Land Board was held to perfect the title to a portion of St. Ann's Church property. It seems hardly possi- ble that Congress by the Act of 1842 intended to give the city government, for an indefinite length of time, the peculiar power it has since continued to exercise, and a limitation of its power in this direction would probably be no injustice.
45
32
38
4I
36
32
CHAPTER VI.
MAPS OF DETROIT .- CITY BOUNDARY AT DIFFERENT PERIODS .- CASS AND BRUSH FARMS .- MILITARY RESERVES.
MAPS OF DETROIT.
THE earliest plans or maps yet discovered were made in 1749 and 1754 by Joseph Gaspard Chausse- gros de Lery, a French lieutenant and engineer. A few of his papers fell into the possession of Father Peter Potier, and in 1845, Jacques Viger, of Montreal, made copies of some of them, including the maps named. In 1854 C. I. Walker obtained tracings of them, one of which is here reproduced. The only differences between the plans of 1749 and 1754 are as follows: In the plan of 1754 the
stockade is extended a little farther east, and the location of a bake-house and store-house are marked, while the location of the cemetery is not designated. From an examination of the plan of 1749 it will be seen that in its general outline and method of laying out the streets, it is almost a fac- simile of the earliest map of New Orleans. The next oldest plan of Detroit is the one made by T. Smith in 1816, showing the city as it was in 1796. In 1877 what is believed to be the original copy of this map was in the possession of Eugene Robinson.
1
BRANCH OF THE HURON OR SAVOYARD R.
PLAN
DF
DETROIT AS IT WAS August 20th, 1749.
REFERENCES.
A .- Commandant's House,
B .- Guard House and Barracks.
C .- Powder Magazine.
D .- Parish Church.
E .- Priest's House.
d
F .- Cemetery.
G .- Royal Gardens.
E
H,-Individual Gardens.
2
B
D
.
DETROIT RIVER.
PLAN OF DETROIT IN 1749.
[32]
MAPS OF DETROIT.
33
It was bought by A. E. Hathon, of Detroit, of Henry Berthelet, of Montreal, for fifteen dollars. The plan in Mrs. Sheldon's " History of Michigan " was made from it by J. F. Munroe. The full title of the map is "Plan of the Town and Fortifi- cations of Detroit as they stood before the year 1796."
About 1825 J. O. Lewis, of Detroit, engraved and published a small map of the city, which is, probably, a fair representation of the proposed plans of 1805 and 1806, with the addition of public buildings as they existed at the time of publication. This map is on a scale of five hundred feet to one inch, and was, probably, drawn by John Mullett; it had no official sanction. In 1877 copies were pos- sessed by Sidney D. Miller and -1 others. An engraved copy of the map with "1807" attached to the FORT title, and without the numbers of the lots, was in possession of James A. Girardin in 1878. It was litho- graphed by Compton & Gibson, at ST. Buffalo, New York. A copy of one CONGRESS 1 of the original maps is reproduced in Volume V. of the American State Papers, Public Land Series, in connection with the report of CASS the Governor and Judges. A fac- simile, reduced to one half size, is given herein.
In 1830 John Mullett made and published a map of the city. It, however, laid down alleys which had no legal existence, and failed to show the lines of many claims and lots, the boundaries of and rights to which had been recognized by the Governor and Judges. This map is also reproduced, with a slight change in title, in Volume V. of the Ameri- can State Papers, Public Land Se- ries. In 1878 J. C. Holmes had a copy of the original map, of which five hundred copies are said to have been sold at a dollar a copy.
The plan of 1831, drawn by John Farmer, is described in connection with the history of the Governor and Judges' Plan. The next map was drawn by John Farmer while holding the office of district surveyor. It was published in 1835, and was the first map of Detroit which gave accurately the size of the lots, and carefully deline- ated the old land lines. The size of the map was 30x44 inches. Its price was three dollars. It had
a very large sale and has furnished the ground-work for all the maps of the city that have since been made. The copyright of this map was sold to J. H. Colton & Co., and it was subsequently published by A. E. Hathon. He issued two editions, dated 1846 and 1856 respectively.
In 1837 Morse & Brother issued a hastily prepared map of the city; and in 1853 Henry Hart published a map showing the location of the buildings. In
PLAN OF THE TOWN & FORTIFICATIONS .. DETROIT As they stood before the year. 1796.
From T. Smiths Map made May 30" 1816, With additions from Notes
obtained
Artillery Gal
Hden
from the War Department, showing its relation to the present plan of the City Scale 400 feet to 1 inch.
A. Location of old, Fert Pontchartrain in 1901
FORT ZERNOULT
Afterwards.
ST.
SHELBY.
WAYNE ST.
ayuzine
L
- 1
SHELBY SV ...
GRISWOLD ST.
WOODWARD AV.
Burying Ground
Bastion
LARNED ST.
Bastion
St Joseph
-
Citadel
James
Catholic. Church
Ronde
JEFFERSON AV.
St
An
Pontith!
Guard HOUSE
Sate
A
Bastion
Merchants
ona Navy
yard
Public wharf
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