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 38
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There was, however, a great lack of proper courts, and much uncertainty about their action, almost up to the surrender of the post. On April 30, 1792, Major Smith of the Fifth Regiment, then in com- mand at Detroit, said, " It is strange that a man, for petty misdemeanors, shall be confined, and his property sold and confiscated for debt, when another shall commit the crime of murder, rape, and robbing with impunity."
On October 15, 1792, the name of the district was changed from Hesse to Western District, and in 1794 a court was provided for, to be held in Detroit. The law was repealed on June 3, 1796, as it seemed no longer expedient to hold sessions in Detroit. Under the English Government, Courts of General Quarter Sessions were also held, the last one on January 29, 1796.
UNITED STATES CIRCUIT COURT.
The first Circuit United States Court for the State of Michigan was provided for by Act of July 1, 1836, the court to be held the third Monday in June and first Monday in November. By Act of March 3, 1837, the States of Ohio, Illinois, Indiana, and Michigan were made the seventh circuit, and the time of United States Circuit Court sessions fixed for the fourth Monday of June. By Act of March 10, 1838, the sessions were changed to the third Monday in June and the first Monday of November. By law of March 31, 1839, the fall session was to begin on the second Monday of October. On July 14, 1862, it was provided that an additional session should be held, beginning the second Monday of February in each year. By Act of July 15, 1862, a new division of circuits was made, and Michigan, Wisconsin, and Illinois were made the "eighth cir- cuit. On January 28, 1863, the circuits were again re-arranged, Ohio and Michigan being made the seventh circuit. The terms of court, by Act of Feb- ruary 21, 1863, were to begin on the first Tuesdays of June, November, and March. By law of July 23, 1866, the present sixth circuit, embracing the States of Ohio, Michigan, Kentucky, and Tennessee, was created.
The court is a court of appeal from the District Court. In general, its power may be thus defined : it may hear, and try originally, all cases coming under United States Law, except admiralty cases.
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UNITED STATES DISTRICT COURT .- UNITED STATES OFFICERS.
It has also jurisdiction in cases between citizens of different States, and between citizens and aliens, in cases either of law or equity, involving amounts of more than five hundred dollars. The salary of the circuit judge is $6,000. He is nominated by the President and confirmed by the Senate, the term being for life.
The first sessions of the United States courts in the State of Michigan were held in the Williams Building, on the southeast corner of Jefferson Avenue and Bates Street. In 1839 sessions were held in the City Hall, the United States paying $500 a year rent to the city. In 1840 the courts were moved back to the Williams Building. On June 19, 1843, sessions began to be held in the building purchased by the Government in 1842, located on the southwest corner of Griswold Street and Jeffer- son Avenue. The building was sold, October 4, 1855, to the Michigan Insurance Company Bank, and the court was soon after moved to Young Men's Hall, on the north side of Jefferson Avenue, midway between Bates and Randolph Streets. The sessions were held there until the completion of the Govern- ment Building on the northwest corner of Griswold and Larned Streets, after which the courts were held in the upper story of that building.
The circuit judges of the United States, for Mich- igan, have been as follows : 1836-1862, J. Mclean ; 1862- 1870, N. H. Swayne ; 1870-1878, H. H. Em- mons ; 1878-1886, J. Baxter ; 1886- Howell E. Jackson.
The clerks of the United States Circuit Court have been as follows : 1837 to June, 1857, John Winder; June, 1857 to April 15, 1870, W. D. Wilkins; April 15, 1870 to June 6, 1882, Addison Mandell; June 6, 1882- , Walter S. Harsha.
UNITED STATES DISTRICT COURT.
By Act of February 13, 1801, provision was made for the holding of the first United States Court for this region, which was then in the District of Ohio ; sessions of the court were to begin in Cincinnati on the Ioth of June and December, except when the roth fell upon Sunday, when sessions were to begin on the following day. There is no evidence that this law ever took effect, and the necessity for it is not apparent, as the judges of the Northwest, Indi- ana, and Michigan Territories were all of them direct appointees of the President, and endowed with power to try offences against United States law. In fact, the Supreme Court of the Territory took the place of a United States Circuit Court, and their District Courts were also District Courts of the United States.
United States District Courts for the State of Michigan, first provided for by Act of July 1, 1836, were to be held on the first Mondays of May and
October. The sessions of both Circuit and District United States Courts, for the entire State, were at first held only in Detroit. By Act of February 24, 1863, the State was divided into two judicial dis- tricts. The court held at Detroit is now known as the District Court for the Eastern District of Michigan. Sessions are held on the first Tuesdays of March, June, and November; and for admiralty cases on the first Tuesday of each month. The District Court has jurisdiction in all cases of infrac- tion of United States law, and in admiralty cases, or cases arising in connection with trade or travel on the rivers and lakes.
The jurors for both Circuit and District United States Courts were formerly selected by the clerk and marshal; by law of June 30, 1879, a commis- sioner, who in politics must be opposed to the clerk, is appointed by the presiding judge to assist the clerk in the selection of names.
On the second Monday of November of each year they select the names of not less than two hundred persons from different counties in the district; these names are placed in a box, and at least twenty days before court term begins, the clerk and marshal draw out, in the presence of the district attorney, twenty-three names as grand jurors, and twenty- four as traverse jurors. The jurors are paid two dollars per day.
Judges of the District Court are appointed by the Senate on nomination of the President. The term is for life, and the salary is $3.500 per year.
The district judges of the United States at De- troit have been, 1836-1870, Ross Wilkins; 1870- 1875, John W. Longyear; 1875- , Henry B. Brown.
The clerks of both Circuit and District Courts are appointed with the concurrence of both judges and hold office at their pleasure. The clerks are paid by fees appertaining to the office. For services and clerk hire they are allowed to retain fees to the amount of $3,500 per year.
The clerks of the United States District Court have been as follows; 1837 to October, 1848, John Winder; October, 1848, to June, 1857, W. D. Wil- kins; June, 1857, to April 15, 1870, John Winder; April 15, 1870, to , D. J. Davison. Deputy Clerk, John Graves.
UNITED STATES OFFICERS. Attorney.
This office, directly connected with the adminis- tration of justice in the United States Courts, was provided for by Act of September 24, 1789. It is the duty of the attorney to prosecute all offences against the Government, its property or laws; to attend to the collection of all debts due to the Government, or of the forfeited bonds of any
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UNITED STATES OFFICERS.
government officer. The appointment is made by the Senate on nomination of the President. The term of office is indefinite. The salary is $200 and fees not exceeding $6,000. The office in 1880 was worth about $4,000 per annum.
The salary of the assistant attorney is $2,000, and for many years J. W. Finney has filled that position.
The following persons have been United States attorneys for the years named : 1808-1811, H. H. Hickman; 1811-1814, E. Brush; 1814, Chas. Larned ; 1815-1823, Solomon Sibley ; 1823-1824, James D. Doty; 1824-1827, Andrew G. Whitney; 1827-1834, Daniel Le Roy ; 1834-1841, Daniel Good- win; 1842-1845, George C. Bates ; 1845-1850, John Norvell; 1850-1852, George C. Bates; 1852, S. Barstow ; 1853-1857, George E. Hand; 1857-1861, Joseph Miller, Jr .; 1861, W. L. Stoughton; 1862- 1869, Alfred Russell; 1869-1877, Aaron B. May- nard ; 1877-1885, S. M. Cutcheon ; 1885- , C. P. Black.
United States Marshal.
This office was first created September 24, 1789. It is the duty of the marshal to make arrests of all who offend against the United States or its laws, such as smugglers, counterfeiters, etc. In fact, the marshal is the high constable of the government of this district, and attends the sessions of the United States Courts to see that its rules and orders are obeyed. He is appointed by the President and Senate for terms of four years. The salary is $200 and all of the fees if the amount does not exceed $6,000.
There are between twenty and thirty deputies, all appointed by the marshal, six of whom are located in Detroit. Their salaries are dependent on the fees received.
The marshals for the Territory and State have been as follows : 1805, July 17 to August 6, Elisha Avery ; 1805, August 6 to November, 1806, James May ; 1806, November 6 to , Wm. McD. Scott ; 1811 and 1812, John Anderson; 1812, F. Baby; (English rule.) 1814, J. H. Audrain ; 1815-1812, Thos. Rowland ; 1831- 1837, Peter Desnoyers ; 1837-1841, Conrad Ten Eyck ; 1841-1845, Joshua Howard ; 1845-1847, Levi S. Humphrey ; 1847- 1849, Austin E. Wing; 1849-1853, C. H. Knox ; 1853-1857, George W. Rice; 1857-1858, R. W. Davis ; 1858-1859, M. I. Thomas ; 1859-1861, John S. Bagg ; 1861-1866, C. Dickey ; 1866, J. G. Park- hurst ; 1867-1869, N. S. Andrews ; 1869-1877, J. R. Bennett ; 1877-1886, Salmon S. Mathews; 1886- , Galusha Pennell.
Commissioners for United States Courts.
This office was provided for as early as 1789, but no commissioners were appointed for Michigan prior to the admission of the State to the Union. The
duties of the commissioners consist in hearing and taking such testimony as may be referred to them, for use in either the Circuit or the District Court, and when so taken, by order of the court, the testimony has all the force that it would have if given before the court itself. This is done to save the time of the judges. The parties to any case requiring testi- mony to be taken may elect the commissioner before whom they will have the testimony taken.
The commissioners are appointed by the United States Circuit judge. The term is for life, and they are paid by the fees received.
The following persons, residing in Detroit, were appointed commissioners on the dates named : Feb- ruary 17, 1838,1 John Winder; November 1, 1841, Alexander Davidson; December 8, 1841, Walter W. Dalton; March 2, 1842, John Norvell; March 20, 1843, A. T. McReynolds ; July 13, 1843, A. Ten Eyck; September 4, 1843, E. P. Hastings; Sep- tember 4, 1843, E. Smith Lee; September 4, 1843, C. C. Jackson; September 4, 1843,1 Addison Man- dell; June 17, 1845, H. Chipman ; June 16, 1846, John B. Watson ; June 29, 1847, Geo. G. Bull, James V. Campbell; June 28, 1848, Levi B. Taft; June 25, 1849, Henry R. Mizner ; July 3, 1850, S. G. Wat- son, Wm. D. Wilkins; January 2, 1851, George Jerome ; June 20, 1851, D. A. A. Ensworth ; June 8, 1852, S. D. Miller ; November 30, 1852, Geo. W. Morell ; June 27, 1853,' Wm. Jennison; November 3, 1853, Jeremiah Van Rensselaer; October 16, 1861, Thos. S. Blackmar ; August 4, 1862,1 John W. A. S. Cullen,1 Ervin Palmer,1 Theo. P. Hall; Sep- tember 1, 1862, Geo. P. Russell ; May 5, 1863,1 J. Elisha Winder ; April 22, 1870,1 D. J. Davison ; March 27, 1873,1 John Graves; June 28, 1877,1 Charles Flowers ; February 25, 1881,1 H. Whittaker ; March 21, 1882,1 E. C. Hinsdale ; January 18, 1878,1 J. M. Weiss; April 1, 1886,1 Walter S. Harsha.
Masters in Chancery.
This office also dates from 1789, and the first ap- pointees for Michigan were made when the State was admitted to the Union. Masters in chancery occupy the same relation to the United States Courts that similar officials do to State courts. They are appointed by the circuit and district judges, and are paid by fees which they receive.
The names of appointees, and date of appoint- ment of each, are as follows :
February 27, 1839,1 G. E. Hand ; December 12, 1839, C. C. Jackson ; December 7, 1840, J. L. Talbot, C. Collins, Alexander Davidson; June 21, 1841, W. W. Dalton; October 15, 1841, George G. Bull; October 22, 1842, J. Van Rensselaer, James B. Wat- son ; October 9, 1843, E. Smith Lee, A. T. McRey-
1 Still in office.
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nolds, John Norvell ; October 12, 1843,1 Addison Mandell ; June 17, 1845, G. T. Sheldon ; June 16, 1846, John B. Watson ; June 29, 1847, James V. Campbell ; June 19, 1851, Levi Bishop; June 20, 1851, D. A. A. Ensworth ; June 27, 1853,1 Wm. Jennison ; June 18, 1857, Daniel Goodwin, Jr .; June 29, 1859,1 John W. A. S. Cullen; July 21, 1860,1 Darius J. Davison ; June 16, 1862, Thos S. Black- mar ; June 17, 1862,1 Geo. A. Wilcox ; July 1, 1862,1 John J. Speed; June 7, 1880,1 Henry M. Camp- bell.
BANKRUPTCY COURT.
This court was first provided for by Act of April 4, 1800, which Act was repealed on December 19, 1803. A second Bankruptcy Act was passed on August 19, 1841, to take effect February I follow- ing. On March 3, 1842, it was repealed. Under
both of these laws the United States district judge acted as register. The third Bankruptcy Act, which created the office of register in bankruptcy, was passed March 2, 1867, and amended July 27, 1868. Under these last Acts H. K. Clarke was appointed register, June 9, 1867, by the United States district judge, and held the office during the entire existence of the law. The compensation consisted entirely in the fees connected with the office, and out of these the register paid for the service of one regular clerk, and the occasional services of a stenographer and copyist. The duties consisted in hearing testimony and taking depositions as to ability of bankrupts to pay their debts, and on a satisfactory showing, to give them a legal discharge therefrom. The office and its duties were abolished by law of 1878.
Imprisonment for debt existed as late as 1822, and on May 27 of that year a law was passed pro- viding for the release of debtors upon the surrender of their property.
1 Still in office.
12
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CHAPTER XXXI.
SUPREME COURTS OF THE TERRITORY AND THE STATE.
THE ordinance of 1787, creating the Northwest Territory, provided for the appointment of a court, to consist of three judges, any two of whom were to form a court and have a common-law jurisdiction. Each judge was required to possess a freehold estate in the Territory of five hundred acres of land while in the exercise of his office. Their commissions were to continue during good behavior. The Governor and Judges, or a majority of them, were to adopt, and publish in the Territory, such laws of the original States, criminal and civil, as might be necessary and best suited to the circumstances of the people. These laws were to remain in force, unless disapproved by Congress, until the organiza- tion of the General Assembly. Sessions of the court were held four times a year in counties that seemed to require it most; the sessions were to be- gin on the first Monday in February, May, October, and December. The first session was held August 30, 1788. When Michigan came under American control, and became in fact a part of the Northwest Territory, a session of the Supreme Court was held each year in Detroit. A law of the Northwest Territory of January 23, 1802, appropriated eighty- five dollars to Arthur St. Clair, the governor, for organizing courts at Detroit. The court was at- tended by lawyers, some of whom came all the way from Cincinnati, among them Judge Burnet and Arthur St. Clair, Jr. The larger portion of the litigants, witnesses, and jurors were unable to speak or understand English, and in many cases all the proceedings were conducted in French, which was interpreted sentence by sentence. This made the proceedings very tiresome.
During a session on June 4, 1800, the birthday of His Majesty King George III. was being celebrated at Sandwich, and the judges and bar of the court, and officers of the garrison, with many of the prin- cipal citizens of Detroit, were invited to attend and participate in the festivities. The invitation was accepted, and about one hundred Americans went over. A spacious building, which had been erected for a warehouse, was so arranged that between four and five hundred persons could be seated at the table, which was richly and elaborately furnished, and abundantly supplied with everything that appe- tite or taste could suggest.
Sessions of the court were held at the house of Mr. Dodemead, then located on the south side of Jefferson Avenue, near Shelby Street. The salary of the judges was $800 per year, and was paid by the United States. They were appointed by the President with the approval of the Senate.
The following were appointed on the dates named : October 16, 1787, S. H. Parsons, J. Armstrong, J. M. Varnum; February 19, 1788, John Cleves Symmes in place of Armstrong, declined ; August 20, 1789, Wm. Barton in place of Varnum, whose term expired ; September 12, 1789, George Turner in place of Barton, declined ; March 31, 1791, Rufus Putnam in place of Parsons, deceased; February 12, 1798, R. J. Meigs in place of Turner, resigned; December 22, 1796, Joseph Gilman in place of Putnam, made surveyor-general.
The Christian name of Judge Meigs was Return Jonathan ; the origin of this singular name was as follows : During their courtship his father and mother had a quarrel, and his father, who was then at the home of his sweetheart, left the house; she soon repented, and running to the door called out, " Return, Jonathan, return !" The obedient and fully pacified lover did return. They were happily married, and in memory of the incident their first child was named Return Jonathan Meigs.
Supreme Court under Indiana Territory.
Under the rule of Indiana Territory the Supreme Court was composed of Judges Wm. Clark, Henry Vanderburg, and John Griffin. On October 24, 1804, a session of the Circuit Court, presided over by Judge Vanderburg, was held in Detroit.
Supreme Court of Michigan Territory.
Under law of Congress of January 11, 1805, the Supreme Court for the Territory was organized on July 29. By Act of July 24, 1805, regular sessions were to begin on the third Monday in September, the judge holding the commission of earliest date to be chief judge, and the other judges to have prece- dence according to the date of their commissions, unless they were of same date, when the age of the persons was to determine the question. The court had jurisdiction in all cases concerning the title to lands, and in all other cases where the sum in dispute
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exceeded $200, also appellate jurisdiction in all cases. It also had exclusive jurisdiction in all capi- tal criminal cases, and in proceedings for divorce. A further Act of February 18, 1809, gave original and exclusive jurisdiction in all cases involving over $500, and in all capital criminal cases where the United States was a party, with appellate jurisdic- tion in cases from the several district courts. By Act of October 31, 1815, jurisdiction was given in cases where the amount involved exceeded $1,000. The three judges with the governor also constituted the Legislature of the Territory, and possessed within themselves almost entire control of affairs. They were commissioners for laying out the town of Detroit and disposing of the lots; and, by the apathy or consent of the citizens, they exercised authority in municipal matters as well, governing both town and Territory, and administering punish- ment at their pleasure. The old court records show that for a crime of some kind they ordered an Indian to be " burnt in the left hand," and the following bill for executing the order was presented and paid :
Territory of Michigan to James May, May 1, 1806, for brand- ing Wabouse, an Indian, agreeable to order of court, sixteen shil- lings.
When notices of publication were ordered, they were sent to a Pittsburgh paper, that being the nearest place with which our citizens had intercourse where a paper was published.
On its first session, in 1805, the Supreme Court met at the old Cass House, then occupied by Judge May. In 1806, it met at the house of John Dode- mead. On September 20, 1809, a session was held at the house of Gabriel Godfroy, Jr .; on the same day John Harvey appeared in court, and made an offer of a room in his house, without cost, for the accommodation of the court. In 1814 the houses of Louis Moran and John Kinzie were made use of ; sessions were also held at the chambers of the pre- siding judge. An article in The Gazette of October 25, 1825, says that the court sat "sometimes at mid- day and sometimes at midnight; sometimes in the council house and sometimes at the clerk's office ; sometimes at a tavern and sometimes on a woodpile." Realize this, imagine it, if you can. Yet there is no doubt of the facts as stated; they were matters of public notoriety.
A memorial of the citizens, of January 3, 1823, presented to Congress, and printed in The Detroit Gazette, says :
In September, 1820, the court frequently held its sessions from 2 P. M. till 12. 1, and 3 o'clock in the morning of the next day ; and cases were disposed of in the absence of both clients and counsel. During these night sittings, suppers of meat and bottles of whiskey were brought into court, and a noisy and merry banquet was partaken at the bar by some, while others were addressing the court in solemn argument, and others presenting to the judges on the bench, meat, bread, and whiskey, and inviting them to partake.
At the opening of the session of the Supreme Court, on September 13, 1820, only Judges Wood- ward and Witherell were present, Judge Griffin being absent from the Territory. Business went on as usual, until October 9, when Judge Woodward absented himself. Judge Witherell then adjourned the court till the first Monday of December. A day or two after Judge Griffin arrived, and on October 13 a special session of the court was opened at Whipple's Tavern by Judges Woodward and Griffin, even the sheriff being unaware of it until he acci- dentally happened in. The court then adjourned till October 16, at the council house, where Judges Woodward and Griffin met, and rescinded the order of adjournment made by Judge Witherell, and on the refusal of those present to do business at such a session of the court, it was adjourned till October 21, and on that day a rule was entered on the records that a regular session should be held annually on the second Thursday of August; the court then ad- journed until that day, entirely disregarding the day in December, to which the court had been adjourned by Judge Witherell.
On December 4 he opened the court alone, and, although both of the other judges were in the Ter- ritory, Judge Witherell was compelled, by reason of their absence, to adjourn the court sine dic.
On March 30, 1821, Judges Woodward and Griffin came together, rescinded their adjourning order of October 21, and then adjourned again; and so the farce went on.
The memorial of 1823 states that during a session of four months the court held its sittings at night, instead of in the daytime, and at private offices, without giving knowledge of its whereabouts to the people. At these night sittings rules of the court were adopted, and proceedings had which violated common law. On one occasion a law was made at a night sitting altering an Act of Congress. " A single judge has been known to open and immedi- ately adjourn the court, without the attendance of either clerk, sheriff, constable, or crier ; and without the records, or even pen, ink, or paper ; and that when causes were before the court for argument, leaving the suitors and officers of the court and the other judges to find out, if they can, when and where it will please the court to open itself again. When a statute happened to be really adopted from the laws of one of the States, the judges, who con- stituted three out of the four persons who adopted the law, declared from the bench that they would not be bound by the constructions and decisions of the State from which the law was taken." Their own decisions, in similar cases, were so discordant that they furnished no guide from which to conjec- ture what their decisions might be on the same points in the future; and it was even declared by
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them that their own decisions should not be obli- gatory as precedents. Many cases were decided as whim or convenience dictated ; favoritism was often grossly manifest ; and court rules were made for the benefit of particular and special cases,-notoriously so in the case of Sibley vs. Taylor, in 1819 and 1820.
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