History of Kalamazoo county, Michigan, Part 27

Author: Durant, Samuel W. comp
Publication date: 1880
Publisher: Philadelphia. Everts & Abbott
Number of Pages: 761

USA > Michigan > Kalamazoo County > History of Kalamazoo county, Michigan > Part 27

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* Should be Bronson.

t Territorial Laws, vol. ii. pages 839-40.

# The village was not really laid out until after the location of the county-seat. See history of Kalamazoo.

".That your excellency may be aware of the reasons that influenced the minds of the commissioners in the location they have made, a short description of the county is considered proper. It is inter- spersed with many prairies, some of which are large and fertile. Settlements have already commenced on most of them, and so rapidly do they progress that in a short time this county will claim a standing with the most populous in the territory.

" Prairie Round is the largest, supposed to contain twenty thousand acres of land, situated near the southwest corner of the county. Two hundred families reside on the borders of this lake of land, where they have heavy-timbered land on the one side of their houses and an im- mense open prairie on the other.

"Gull Prairie is the next in importance, and is situated in the northeast corner of the county. It is one-half or three-fifths as large as Prairie Round. The settlement of this has only commenced, but from the character of its present inhabitants, and the local and other advantages it possesses, a heavy population may be reasonably antici- pated.

"Grand Prairie is nearly or quite as large as Gull Prairie .? It is situated four miles northwest of the geographical centre of the county, nearly in a direct line between the two above mentioned, and about equidistant from both.

"These three places, with the rich timbered land which borders them on one side or the other, will necessarily contain the largest share of the population of the county. ||

" The small prairies (except Toland's and Aldrich's) are generally in the vicinity of those described, forming openings of from twenty to five hundred acres, which give the country a picturesque appear- ance."

[The description of the face of the country following is omitted.] "The geographical centre of the county is three miles and a half south of the Kalamazoo River, and about the same distance from the great Territorial road, laid out from Sheldon's, on the Chicago road, to the mouth of the St. Joseph River, on Lake Michigan.

" Much anxiety was felt and manifested by the large and respecta- ble population of Prairie Round for the location of the county-seat on the Portage stream, near the geographical centre of the county, and four miles from the Kalamazoo River. Much labor and time were spent in examining the claims of this place, which, although of some magnitude, were not considered to take the site from the benefits to be derived from the navigation of the river.

"Two places upon the river, about the same distance from the centre of the county, presented their claims for the site. These were exam- ined with care, and not without anxiety.

" A spot was at length selected, on an eminence near the centre of the southwest quarter of section fifteen, town two south, of range eleven west, owned by Titus Bronson, Esq. Mr. Bronson has agreed to lay out a village, and place upon the proper records a plan or map thereof, duly acknowledged, with the following pieces of land, prop- erly marked and set apart in said map or plan, for public use : One square of sixteen rods for the Court-House ; one square of sixteen rods for a jail; one square of sixteen rods for an Academy ; one square of eight rods for Common Schools ; one square of two acres for a public burial-ground ; four squares of eight rods each for the first four religious denominations that become incorporated in said village, agreeably to the statute of the Territory.

"This place is situated on the great bend of the Kalamazoo River, on its southwestern bank, immediately on the Portage stream. The reasons which influenced the location of the county-seat at this place are: Ist. It is on the bank of the river, which at this place is navi- gable, most of the year, for keel-boats of several tons burden; 2d. It is in the direct line between the two largest prairies in the county, viz., Prairie Round and Gull Prairie; about nine miles from the latter, and ten from the former, and with Grand Prairie two miles on its west; 3d. Good roads may, with facility, be made from it into any part of the county. Four or five large trails set out from this place,

¿ The commissioners seem to have obtained very uncertain infor- mation concerning the prairies of the county. They are greatly over- stated in area, and their comparative sizes as given are far from correct.

|| This prediction has not been verified, for those townships contain- ing the prairies have no larger population per square mile than the others. This condition may probably be accounted for by the fact that the farms in the prairie region are generally the larger.

GALESBURG

KALAMAZOO

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THE COURTS.

leading to as many different places of importance on the St. Joseph and Grand Rivers; 4th. The great Territorial road passes through it. "Your Excellency is therefore respectfully recommended to estab- lish, permanently, the county-seat at the place above mentioned.

" JOHN ALLEN,

" CALVIN SMITH.

" ANN ARBOR, Jan. 15, 1831.

" Approved, April 2, 1831.

" LEW. CASS."

On the 12th day of May, 1831, Gen. John T. Mason, secretary, and, in the absence of Governor Cass, acting Governor of the Territory, issued a proclamation " estab- lishing the seat of justice of the said county of Kalama- zoo upon the said spot of land, described as aforesaid," and from that date the village of Bronson* became the permanent county-seat.

· The second subdivision of the county was made in 1832, when the township of Richland was organized under the following act :

" Be it enacted by the Legislative Council of the Territory of Mich- igan, That all that part of the county of Kalamazoo known as town- ships numbered one and two south of the base line, in ranges num- bered nine and ten, west of the principal meridian, be a township of the name of Richland, and the first township-meeting shall be held at the house of Caleb Eldred, in said township."+

This description included the east half of the township of Arcadia, being the present townships of Ross, Richland, Comstock, and Charleston.

On the 7th of March, 1834, the township of Comstock was organized, consisting of the present townships of Com- stock, Charleston, and Climax,-the latter set off from the original township of Brady. The first town-meeting was held at the house of James Bennett.

On the 3d of March, 1836, the name of the township of Arcadia was changed to Kalamazoo, and the village name of Bronson was also changed to Kalamazoo.

On the 23d of March, 1836, the township of Pavilion was set off from Brady and organized, including also the present township of Portage. The first town-meeting was held at the house of Moses Austin. At the same date the township of Prairie Ronde was also set off from Brady and organized, its first town-meeting being held at the house of Abram I. Shaver.

On the 11th of March, 1837, the town of Cooper was set off from Kalamazoo and organized. It included what are now the towns of Cooper and Alamo. The first town- meeting was held at the house of Elijah Woodworth. It was named in honor of James Fenimore Cooper.

The foregoing townships were organized under acts of the Territorial Legislature. The final act admitting the State into the Union was passed by Congress on the 26th of January, 1837, and the Territory of Michigan from and after that date took on the habiliments of a State.

On the 30th of December, 1837, the town of Climax, with its present boundaries, was set off from Comstock and organized, being the first in the county to organize under an act of the State Legislature. The first town-meeting was held at the house of Daniel P. Eldred.

On the 6th of March, 1838, the township of Alamo was set off from Cooper, and organized as a separate township,

the first town-meeting being held at the house of Seth C. Whitlock. It was named from the celebrated castle of the Alamo, at San Antonio, Texas, where, in 1836, Cols. Crockett, Bowie, Travis, and others were massacred by the Mexican troops, under Santa Anna, during the Texan war for independence.

The townships of Charleston, Portage, and Texas were also set off in 1838. Charleston was taken from Comstock, and its first town-meeting was held at the dwelling of Wil- liam Earl. Portage was taken from Pavilion, and the first town-meeting was held at the dwelling of Elijah Root. Texas was taken from Brady, and the first election was held at the house of Albert G. Towers.

Ross township was set off from Richland and organized on the 21st of March, 1839, and its first town-meeting held at the house of F. D. Pierce.

Oshtemo township was set off from Kalamazoo and or- ganized March 22, 1839, and its first town-meeting held at the house of " Mr. Lake."

On the 16th of February, 1842, the name of Brady township was changed to Schoolcraft, and the two town- ships, now known as Brady and Wakeshma, were organized from the former township and called Brady, the first town- meeting being held at the house of Robert Jenkinson.

On the 25th of March, 1846, the township of Wakeshma was set off from Brady, and organized as a separate town- ship. The first town-meeting was held at the house of Jacob J. Gardner.

This completes the civil subdivisions of the county. Each township comprises what is called in the surveys a Congressional township, and the county will be likely to remain as now divided. Each township, for its own con- venience, is subdivided into school and road districts ; and there are six incorporated villages in the county, to wit, Augusta, in the townships of Ross and Charleston ; Gales- burg, in the townships of Comstock and Charleston; Kala- mazoo, in Kalamazoo township; Richland, in Richland township ; Schoolcraft, in Schoolcraft township ; and Vicks- burgh, in Schoolcraft and Brady townships.

These villages cover an aggregate of about seven thou- sand four hundred acres, and vary in population from one hundred to eleven thousand, their total aggregate popula- tion being probably about fifteen thousand, or about one- half the population of the county. They have good rail- way facilities, with the exception of Richland.

CHAPTER XVI.

THE COURTS.

Résumé of the Early Courts-Changes of Jurisdiction-Territorial and State Courts-Causes Célebres.

THE present excellent system of judicature of Michigan has been developed through a tortuous way. The people of the region now included in the State of Michigan, from the date of the permanent settlement of Detroit by the French, in 1701, to the present time, have lived under various forms of government : Edicts of Kings, Orders of Military Com-

* The name of the village was changed by act of the State Legis- lature, in 1836, to Kalamazoo.

+ Territorial Laws, vol. iii. pp. 972-3.

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HISTORY OF KALAMAZOO COUNTY, MICHIGAN.

manders, Decrees of Imperial Parliaments and Provincial Governors, Ordinances of National Congresses, Enactments of Territorial Governors and Councils, Provisions of State Constitutions, and the Laws of State Legislatures. From the coutume de Paris to the last State constitution and enactments of the last Legislature, the changes of one hun- dred and seventy-eight years have left their impress along the devious way.

The following paragraphs are from the admirable intro- duction to the " Territorial Laws of Michigan," written by Judge A. D. Frazer, and form an excellent summary of the various forms of legislation in use previous to the organi- zation of the Territorial government of 1805 :

" The customs of Paris and the ordinances of the kingdom were in- troduced by the French into Canada at a very early period. These, with certain arrêts and decrees of the French Governor, and other author- ities of the province, constituted the rules of civil conduct in that extensive region of country. The administration of justice, however, seems to have been limited to the densely-settled portions of the coun- try. There, only, courts of justice were established.

"The only civil officer located at any of the northern posts was a notary public, duly commissioned by the Governor. He was always an educated man, well versed in the coutume de Paris, and a very im- portant official, in view of the duties cast upon him by law, being re- quired to keep a register of all the legal instruments he drew, as also the original documents, certified copies being furnished interested parties. In all matters of controversy between the inhabitants, justice was meted out by the commandant of the post in a summary manner. The party complaining obtained a notification from him to his adversary of his complaint, accompanied by a command to render justice. If this had no effect, he was notified to appear before the commandant on a particular day, and answer the complaint; and if the last notice was neglected, a sergeant and file of men were sent to bring him in,-no sheriff, no taxation, no costs. The recusant was fined and kept in prison until he did his adversary justice.

"Such was the condition of things in the early settlements, pro- tected by the northern forts, up to the very time that France trans- ferred Canada and her other possessions in the country to the crown of Great Britain, in 1763. The laws of England, civil and criminal, were introduced into the four separate and distinct govern- ments,-Quebec, East and West Florida, and Canada,-but neither Michigan nor any other part of the territory north of the Ohio was embraced in the limits of either of these provinces, and for eleven years the country continued to be without the pale of civil govern- ment. At length a bill was introduced into the British Parliament to 'make more effectual provision for the government of Quebec, in North America ;' and, upon the motion of Burke, amended so as to embrace the whole of the Northwest Territory, and the bill became a law, Michigan and the Northwest being embraced in the province of Quebec.

" By the provisions of the act ' Canadian subjects were to hold and enjoy their property and possessions, with all customs and usages relative thereto,' and all their civil rights were guaranteed them, the same as under the French authority, and in all matters of controversy relative to property and civil rights the laws of Canada were to be the rule of decisions. The criminal law of England was to be con- tinued in force in the province.

" Notwithstanding the adoption of this act, the inhabitants of Mich- igan did not at once realize the benefits of a civil government, a few justices of the peace only being commissioned ; but in 1776 a flagrant case occurred in Detroit, which terminated tragically, and brought about an improvement in the administration of justice. Two persons were accused of theft, and the commandant of the post directed a justice of the peace (Dejeau) to try them by a jury, which was done, and the culprits convicted, sentenced to be executed, and accordingly put to death. The whole proceedings were a mockery and a gross violation of law, and warrants arrived in Detroit for the arrest of the commandant and justice, but they escaped."

In 1779 the Governor, getting tired of administering justice, proposed to the merchants to establish a " court of

trustees," with jurisdiction extending to ten pounds, Halifax currency. This met their approval, and eighteen of them entered into a bond that three of their number should con- stitute a weekly court, in rotation, and that they should defend any appeal which might be taken from their decision. They rendered judgment, issued executions, and imprisoned the defendant in the guard-house.

The inhabitants of Michigan gained but little by the change of sovereigns or of laws. No regular courts were established by either, no judges appointed or prisons erected, other than the guard-house. At length the Governor-Gen- eral, Lord Dorchester, in 1788, laid out the province into districts, that which embraced Michigan being called " Hesse." In 1790, on the 25th of November, the im- perial Parliament passed an act by which the old province of Quebec, which formerly embraced the whole of Canada, was divided into two provinces, called, respectively, “ Up- per" and "Lower" Canada, the division line being the Ottawa River. Each of the newly-organized provinces was granted a Legislative Council and General Assembly, upon which was bestowed the power to make all laws neces- sary for its government, and not repugnant to the organic act. The laws enacted were to be subject to the approval of the King and Governor.

The Governor and Executive Council, to be appointed by the King, were created a court of civil jurisdiction for hearing and determining appeals. Michigan belonged to Upper Canada, and the Legislature of that province, by an act passed Oct. 15, 1792, repealed the existing law of Can- ada as a rule of decision, but reserved all rights which had accrued under the same, and declared the laws of England should be the rule of decision in all matters of legal con- troversy.

Subsequent legislation introduced jury trials, established a court of request in each district, and provided for the building of court-houses and jails.

In 1793, an act was passed legalizing certain marriages previously solemnized in the province by the commanding officer of the post, adjutant, or surgeon of a regiment, or other persons in public office, for the reason that there was no Protestant parson or minister, duly ordained, then re- siding in the province.

Courts of General Quarter Sessions of the Peace were also established in 1793, and terms and places of holding the same fixed. The further introduction of slaves was also prohibited, and a Court of Probate and a Surrogate's Court established in each of the districts. By an act passed in the same year juries were minutely regulated, and a law was passed establishing a Superior Court of civil and crim- inal jurisdiction, and regulating the Court of Appeal. An act to establish a court for the cognizance of small causes was also passed, and by the same, " the Court for the Western District is required to be holden in the town of Detroit."

The last term of the District Court was held at Detroit, Jan. 29, 1796, and an execution issued on a judgment then obtained was made returnable before the court on the first day of September thereafter; but in the month of July, of the same year, the posts of Detroit and Mackinac were surrendered by the British government to the United States, in accordance with Jay's treaty.

103

THE COURTS.

On the 15th of July, in the same year, the county of Wayne was established by proclamation of Governor St. Clair, then Governor of the Northwest Territory, and in- cluded a small portion of Northwestern Ohio, a strip of Northern Indiana, and the fower peninsula of Michigan, in which were then introduced the laws governing the North- west Territory. At the same date the laws of Canada be- came a dead letter and ceased to be operative. They were formally repealed Sept. 16, 1810. 1

No special inconvenience resulted from this sudden change of legal status.

The different Territorial courts were held at Detroit as the county-seat of Wayne County. In 1800, Indiana Ter- ritory was organized from the old Northwest Territory, and in 1802, Ohio was raised to the dignity of a State.

From 1802 to 1805, Michigan formed a part of Indiana Territory. In the latter year it was erected into a separate Territory. The Governor and judges then became the law- making power, and continued so until 1824, when the Legis- lative Council was established. This continued until 1835, when the State constitution was adopted. In 1837, Michi- gan became a State, and her new constitution became the organic law. The constitution was revised in 1850, and, with some minor amendments, continues in force.

SUPREME COURT.

The first court established in the Territory of Michigan was the Supreme Court, consisting of one supreme judge and two associates, appointed by the President and con- firmed by the Senate of the United States. This court was originally organized by Governor Hull and Judges Woodward and Bates, on the 24th of July, 1805 .* It had original and exclusive jurisdiction of all cases, both in law and equity, where the title of land was involved ; and original and con- current jurisdiction in all cases where the matter or sum in dispute exceeded two hundred dollars ; appellate juris- diction in all cases whatsoever ; and original and exclusive jurisdiction in all criminal cases where the punishment was capital, and in cases of divorce and alimony.+

DISTRICT COURTS.

On the 25th of July, 1805, the same authority created District Courts, dividing the Territory into four judicial districts, viz., Erie, Detroit, Huron, and Michilimackinac. The jurisdiction of these courts was "over all persons, causes, matters, or things which shall exceed the value of twenty dollars, whether brought before them by original process or by any legal ways or means whatsoever, except in cases exclusively vested in some other court." Justices of the peace were given cognizance of all actions where the amount in dispute, or the penalty to be inflicted, did not exceed twenty dollars; and the marshal of the Territory and his deputies were the executors of the processes of the courts and justices.

The judges of the Territory of Michigan were required to hold the District Courts on their first creation ; but on the 2d of April, 1807, the act creating these courts was amended, and the Governor was empowered to appoint for . each district one chief judge and two associates,-" persons of integrity, experience, and legal knowledge,"-residents of the district in which the court was held, to hold their offices during good behavior, and to appoint their own clerk. They were also empowered to levy and collect the district taxes for court charges. No new counties were organized during General Hull's term of office. The subdivisions were the four judicial districts.

The District Courts, after a brief existence, were abol- ished on the 16th of September, 1810; though all rights acquired between June 2, 1807, and Sept. 1, 1810, were reserved. All unfinished business on their respective dock- ets was transferred to the Supreme Court and the Courts of Justices of the Peace, according to the respective juris- diction of each, that of the latter being extended to sums not exceeding one hundred dollars; that of the former being extended to all sums and matters exceeding one hun- dred dollars, and to the probate of wills.

During the period of British occupation the machinery of the courts was continued in operation by proclamation of Proctor, the British Military Governor, who also assumed the office of civil magistrate, and made Judge Woodward secretary. Little or no judicial business was done under this occupation. With the return of peace and the occu- pation of the country by the Americans, the ante-bellum status was restored.

COUNTY COURTS.

On the 24th of October, 1815, the County Courts were established by act of the Governor and judges. They were to be held by one chief justice and two associate justices, and were given original and exclusive jurisdiction in all civil matters, both in law and equity, where the matter in dispute exceeded the jurisdiction of justices of the peace, and did not exceed one thousand dollars, but had no juris- diction in cases of ejectment. These courts also had exclu- sive cognizance of all offenses the punishment of which was not capital, and had the same power to issue remedial and other processes (writs of error and mandamus excepted) as the Supreme Court. They were intermediate courts, with powers and constitution similar to the former District Courts. They had appellate powers of justices of the peace, whose jurisdiction extended to matters not exceeding twenty dol- lars, unless the person voluntarily confessed judgment, in which case their jurisdiction was enlarged to cases involving one hundred dollars. The judges of the County Courts were appointed by the Governor. Judgment could be ren- dered against the plaintiff if he was found culpable or indebted. Executions included the body, unless sufficient property was found to satisfy it, The law exempted from seizure one sheep, one hog, and the apparel, bedding, and tools of the defeated party.

A grand jury was established for the Supreme Court in 1805, and the provisions of the act were extended to the county courts, Dec. 31, 1817. Upon the organization of the county courts the jurisdiction of the Supreme Court

* The persons nominated by President Jefferson and confirmed by the Senate as judges of the new Territory were Augustus Brevoort Woodward, Samuel Huntington, and Frederick Bates. Mr. Hunt- ington declined the office, and in 1806 his place was filled by John Griffin. [Campbell.]

t The first code of laws for the Territory was framed and adopted within three months after the appointment of the judges.

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History of Kalamazoo county, Michigan, Part 27

Author: Durant, Samuel W. comp Publication date: 1880 Publisher: Philadelphia. Everts & Abbott Number of Pages: 761

Author: Durant, Samuel W. comp
Publication date: 1880
Publisher: Philadelphia. Everts & Abbott
Number of Pages: 761