USA > Michigan > Oakland County > History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests Volume I > Part 26
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"The pace at which we must now do business is set by the stenog- rapher, the typewriter, the telephone and the telegraph. It is little won- der that the courts now seek quickly to reach the merits of controversies, and do not listen patiently to technical objections, or permit attorneys, as in former years, to wrangle over the fine points and abstruse subtleties of common law pleadings.
"So much strenuousness, however, is extremely wearisome and wear- ing, and we sometimes feel as though we were being carried forward by a whirlwind; and, as the hart panteth after the waterbrooks we some- times long for the old days of indolence and leisure-when the lawyer was permitted to whittle the court room tables, when the court would adjourn business to go fishing, and when, after the regular day's work in court, all hands-court, lawyers, and jurymen-would adjourn to the vil- lage tavern, to play cards or sit with their feet on the table and smoke clay or corncob pipes and talk politics and spin yarns until bedtime.
"Like quill pens, windlass pumps, oxcarts and corduroy roads, this courthouse has 'seen its day.' It has served its purpose, but now must go. We do not like to see it torn down, but it is in the way, and like other slow and antiquated things, it must not obstruct the road of modern prog- gress.
"Like public libraries, school houses and churches, temples of justice should be among the finest buildings in any community. The sources of justice must be guarded and kept from pollution and the courts must be respected, dignified, honored and obeyed. When, if ever, our courts shall become corrupt, disrespected, dishonored and disobeyed, anarchy will have arrived and ruin will follow. It is a mere truism to say that the peaceful settlement of disputes is necessary to the perpetuity of any gov- ernment.
"But important as it is that courts should be furnished and preserved
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for the peaceful settlement of disputes, that is not the only important function they perform. The imporance of the educational function of courts of justice, in connection with our jury system, cannot be over- estimated or excessively magnified. This court and this courthouse have constituted, for forty-six years, the greatest educational institution in the county of Oakland. During that time nearly five thousand jurymen and many more spectators from all parts of this county have sat and listened day after day to the exposition of the law, the necessity of obeying it, and the inevitable penalties that must follow its breach. Not only that, but they have listened day after day to the testimony of experts and other witnesses as to how things ought to be done, and how they ought not to be done. They have learned the wrong way and the right way. But still more important than all that-those jurymen, themselves, have sat as judges between man and man, and have learned to listen patiently to both sides, and not to decide or act until they have heard all the evidence on the question. They have been given judicial minds. That is the great safeguard to this community and to this republic. Men so educated do not act hastily. They do not act first and then think afterwards. They have learned to marshal facts, weigh arguments, reason logically, foretell con- sequences and to respect and obey the courts and the law. Mob violence cannot flourish in such a community. Maintain the purity of your judic- iary, your present jury system and the present efficiency of your public schools and the republic is safe.
"Let us then not hesitate to bid farewell to this good old building, be- cause we must; and let every vestige of it be removed, in order to make room for a still nobler and better one. But let us do it respectfully and reverently, feeling, as brick by brick shall be removed, that it has nobly fulfilled its purpose and that to tear down and destroy it, surrounded as it is with so many precious memories and associations, even for the pur- pose of making room for a better one, is a grave matter and one not lightly to be regarded."
CHAPTER XII
CIVIL AFFAIRS OF THE COUNTY
FIRST OFFICIAL ACT-COUNTY SEAT FIXED-ORIGINAL TWO TOWN- SHIPS-PRESENT BOUNDARIES ESTABLISHED-OAKLAND COUNTY UNDER THE TERRITORY-TERRITORIAL LEGISLATIVE COUNCIL-LEGIS- LATION AFFECTING TOWN AND COUNTY-TOWNSHIP GOVERNMENT ESTABLISHED-FIRST SUPERVISORS' MEETING-SOME EARLY ASSESS- MENTS-CIRCLE OF TOWNSHIPS COMPLETED-ROSTER OF COUNTY OFFICIALS-ASSESSMENTS AND TAXES-POPULATION FOR NINETY ยท YEARS-INCORPORATED CITIES AND VILLAGES-THE COUNTY COURT HOUSES-COST OF COUNTY BUILDING-PRESENT COURT HOUSE-THE OAKLAND COUNTY HOME COUNTY SUPERINTENDENTS OF THE POOR.
Although Lewis Cass, governor of the territory of Michigan, pro- claimed the boundaries of the new county of Oakland on the 12th of January, 1819, that section of southern Michigan cannot be said to have attained a real civil and political existence until its organization into townships and the inauguration of its board of supervisors, in 1827. The judiciary came into being before the civil machinery, and for that reason its development precedes the latter in the narrative which traces the historic growth of Oakland county. Up to that year the Indian treaties, territorial official acts and judicial proceedings are really applicable to unorganized communities so far as the control of civil authorities is con- cerned, and are chiefly of interest from the standpoint of the historian and the scholar. Hon. T. J. Drake has so well condensed these prelimin- ary matters that we have mainly relied upon him for the statements which follow.
On the 2d day of December, 1795, General Anthony Wayne, on behalf of the United States, formed a treaty with the sachems, warriors and chiefs of the Wyandotte, Delaware, Shawanee, Ottawa, Chippeway, Pot- tawatamie, Miami, Eel-River, Weas, Kickapoo, Prinkashaw and Kaskaskia tribes of Indians. By that treaty, generally known as the "treaty of Greenville," the United States had conceded to them the post at Detroit, and a strip of land included between the river Rosine (now known as the Raisin) on the south and lake St. Clair on the north, and a line, the general course of which was to be six miles from the west end of Lake Erie and the Detroit river.
On the 17th of. November, 1807, Gen. William Hull, then governor of the territory of Michigan, on the part of the United States held a treaty
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HISTORY OF OAKLAND COUNTY
at Detroit with the sachems, chiefs and warriors of the Ottawa, Chippe- way, Wyandotte and Pottawatamie nations of Indians, at which treaty there was ceded to the United States all the land included in the follow- ing boundaries, beginning at the mouth of the Miami River of the Lakes (now known as the Maumee River), thence up the middle thereof to the mouth of the Great Au Glaize river, thence due north until it inter- sects a parallel of latitude, to be drawn from the outlet of Lake Huron, which forms the St. Clair river, thence running northeast the course that may be found, will lead in a direct line to White Rock, in Lake Huron, thence due east until it intersects the boundary line between the United States and Upper Canada, thence southerly following said line down said lake, through River St. Clair, Lake St. Clair and the River Detroit, to a point due east of the mouth of the aforesaid Miami river, thence west to the place of beginning.
It is presumed by this treaty that the land now included in the county of Oakland was ceded to the United States.
FIRST OFFICIAL ACT
The first official act relating to the county of Oakland, of which any record can be found, is an executive proclamation by Hon. Lewis Cass, then governor of the territory of Michigan, bears date the 12th day of January, 1819, and reads as follows :
"Whereas, a petition has been presented to me signed by a number of the citizens of the said Territory, requesting that the boundaries of a new county and the seat of Justice thereof may be established by an Act of the Executive, which shall not take effect until the arrival of a period when its population require such measure.
"Now, therefore, believing that a compliance with the request will have a tendency to increase the population of such parts of the territory as may be included within these boundaries, and prevent those difficulties which sometimes arise from the establishment of counties where the settlements are formed, and conflicting opinions and interests are to be reconciled.
"I do, by virtue of these presents, and in conformity with the provis- ion of the Ordinance of Congress, of July 13th, 1787, lay out that part of the said territory included within the said boundaries, viz: beginning at the southeast corner of township one, north range eleven east north of the Base Line, thence north to the southeast corner of township six in said range, thence west to the Indian boundary line, thence south to the Base Line, thence east to the beginning, into a new county to be called the county of Oakland. And I hereby appoint John L. Leib, Chas. Larned, Phillip La Cuer, John Whipple and Thomas Rowland, Esquires, Commissioners, for the purpose of examining the said County and of reporting to me the most eligible site for the seat of Justice, of said county : To take effect from and after the 3Ist of December, 1822."
On the 5th day of November, 1818, the "Pontiac Company" was or- ganized for the purpose of purchasing lands upon the Huron river (then so called) of St. Clair, and laying out thereon a town.
The company consisted of William Woodbridge, Stephen Mack,
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HISTORY OF OAKLAND COUNTY
Solomon Sibley, John L. Whiting, Austin E. Wing, David C. Mckinstry, Benjamin Stead, Henry I. Hunt, Abraham Edwards, Alex. Macomb, Archibald Darraugh, and A. G. Whitney of Detroit, and William Thomp- son, Daniel LeRoy and James Fulton, of Macomb.
COUNTY SEAT FIXED
On the 12th of February, 1819, a letter was addressed to the commis- sioners appointed to examine the county and report the most eligible place for the seat of justice, making overtures on the part of the company, to give to the county certain lots of land and some money, if the seat of justice should be established at Pontiac.
On the 15th of December, 1819, a road was laid out and established from the city of Detroit to the village of Pontiac.
On the 28th day of March, 1820, the governor, Lewis Cass, by pro- clamation limited and determined the proclamation of the 12th of Jan- uary, 1819, and declared the inhabitants of the county of Oakland, en- titled to all the privileges to which the inhabitants of other counties were entitled; and by the same proclamation, the seat of justice was estab- lished at Pontiac.
ORIGINAL Two TOWNSHIPS
On the 28th of June, 1820, the governor by proclamation, divided the county of Oakland into two townships called Oakland and Bloomfield.
On the 17th of July, 1820, a county court assembled at Pontiac. William Thompson, Esq., had been appointed chief justice, and Daniel Bronson and Amasa Bagley, associate justices. William Morris had been appointed sheriff of the county, and Sidney Dole clerk. On that day, a grand jury was organized, consisting of Elijah Willett, Ziba Swan, John Hamilton, Elisha Hunter, William Thurber, Ezra Baldwin, Asa Castle, Elijah S. Fish, Alpheus Williams, Oliver Williams, Alex. Galloway, H. O. Bronson, Nathan I. Fowler, Josiah Goddard, James Graham, Enoch Hotchkiss, and Calvin Hotchkiss. Spencer Coleman and Daniel LeRoy were admitted to practice, as attorneys.
Of the men who participated in the proceedings of that day, but few remain.
At an early day, commissioners were appointed by the governor. Ziba Swan, Enoch Hotchkiss and Jonathan Perrin were appointed and remained in that office until the 31st day of December, 1825, at which time the term of office of the justice of the county court, judge of pro- bate, county clerk, county registers, treasurers, sheriffs, justices of the peace and clerk of the supreme court were made to expire by an act of the legislative council approved March 30, 1825.
PRESENT BOUNDARIES ESTABLISHED
On the 20th day of September, 1822, a proclamation was issued by the governor, altering and defining the boundaries of counties and es- tablishing new ones. By that proclamation the boundaries of Oakland were established as they are now.
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HISTORY OF OAKLAND COUNTY
William Thompson was appointed judge of probate; and the first probate court was held at the house of David Stannard, in Bloomfield, on the 15th day of June, 1822. Application was made for letters of ad- ministration upon the estate of Eliphalet Harding.
OAKLAND COUNTY UNDER THE TERRITORY
During the time we were under a territorial government the office of judge of probate was successively held by William Thompson, Nathaniel Millard, Smith Weeks, Gideon O. Whittemore, William F. Moseley, Ogden Clark and Stephen Reeves. Sidney Dole was the first county clerk, first register of probate and clerk of the Board of County Com- missioners, and one of the first justices of the peace. The first case which was brought before him as a justice of the peace, and it is pre- sumed to be the first brought before any justice of the peace in the county, was that of Thomas Knapp against Ezra Baldwin. The sum- mons was issued on the 15th of June, and the judgment rendered on the 2Ist day of August, 1820.
Mr. Dole was a cautious man : He usually carried the papers of each case in his hat from the commencement to the termination, and after hearing the evidence, seldom rendered judgment until he had consulted the authorities in Detroit. Few men enjoyed a higher degree of public favor than did he. In connection with Mr. Moseley, Mr. Dole represented the county of Oakland in the second legislative council. He died at his residence in this village on Sunday morning the 20th of July, 1828.
"In the beginning of our territorial existence and up to the 7th of June, 1824," says Judge Drake, "whatever of legislation we had, was by the governor and judge, or by the governor in the form of a proclama- tion. By the acts of congress, the governor and judges had power to adopt such laws or parts of laws from the states of the Union as they might deem applicable to the territory. But they had no power to orig- inate any law, and at this day it is difficult to find any warrant for many things which the governor and judges did, in the way of law-making; and the executive proclamations organizing counties, and again altering their boundaries and establishing seats of justice, though they tended to the public good, were wholly without authority.
TERRITORIAL LEGISLATIVE COUNCIL
"On the 7th of June, 1824, a legislative council convened at Detroit, consisting of nine members. The mode by which they were selected, may not be known to you all. An act of congress authorized an elec- tion to be held in the territory for members of the council. The people voted for whom they pleased, and the result at the various polls was certi- fied to the secretary of the territory: A board of canvassers then ascer- tained the number of votes given for each person. The names of eighteen persons having the highest number of votes were certified to the presi- dent, and from that list he selected nine persons and nominated them to the senate. After their confirmation they were commissioner members of the legislative council, and held their office for two years. The ses- sions of the council were limited to sixty days in each year."
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HISTORY OF OAKLAND COUNTY
Before the election of members of the second council arrived, the law of congress was amended, the territory was divided into districts, the number was increased from eighteen to twenty-six, and the president nominated thirteen persons.
Again, before the election of members of the third council, the law of congress was amended. The people in the several districts elected the number of members apportioned to the district, and the result certified by the district canvassers, entitled the member to his seat. Therefore the president was relieved from the burthen of selecting and commissioning the members, and the election given directly to the people, which mode continued until the establishment of the state government.
In the first council, two of its members, Col. Stephen Mack and the Hon. Roger Sprague, were citizens of the county of Oakland. At the election of the members of the second council, the county formed a dis- trict and Sidney Dole and William F. Moseley, were selected by the president, they having received the greatest number of votes, to repre- sent this county.
LEGISLATION AFFECTING TOWNSHIP AND COUNTY
On the 21st of April, 1825, an act was passed by the legislative council, authorizing the election of county commissioner, county treasurer, con- stable and coroner. At the first election under this act, William Thomp- son was elected treasurer ; Stephen Reeves, William Burbank and Arthur Power were elected county commissioners.
In that year an assessment was made by William Morris, sheriff and S. V. R. Trowbridge, from which it appears there were at that time 78,900 acres of land taxable within the jurisdiction of the county, more than 2,500 acres lay out of the limits of the county. In the villages of Auburn and Pontiac there were 46 lots taxed to individuals. To the Pontiac Com- pany there were taxed 186 lots valued at $11,000. There were in the county 282 houses, 47 barns, 2,621 acres of improved lands. Major Oliver Williams, Col. Stephen Mack and John Sheldon, had each sixty acres; no other person exceeded fifty.
On the 30th of March, 1827, an act was passed, authorizing the elec- tion of supervisors and other town officers.
On the 12th of April, 1827, an act was passed establishing the towns of Oakland, Troy, Bloomfield, Farmington and Pontiac.
TOWNSHIP GOVERNMENT ESTABLISHED
On the last Monday in May, 1827, elections were held in the several townships, and town officers elected. Then a new era was inaugurated -township governments were established: the board of county commis- sioners was abolished, and that of supervisors was established, and from that time the finances of the county came under the immediate control of officers selected and chosen from the several towns.
As stated, on the 30th of March, 1827, an act of the territorial coun- cil provided for the election in each township of a supervisor and other township officers; and on the same day another act of the council was
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HISTORY OF OAKLAND COUNTY
approved providing for the meeting of the supervisors of the several townships at the county seat annually, on the third Mondays of January, April, July and October, and at such other times as they should find con- venient, but not exceeding eight days in any one year. They were em- powered to appoint their own clerk, and on the 12th of April following they formally abolished the board of county commissioners and vested the power thereof in the board of supervisors.
FIRST SUPERVISORS' MEETING
The first meeting of the board of supervisors of Oakland county was held at the old log court house, at Pontiac, which had been erected in 1824, on the third Monday and Tuesday in July, 1827. The following were present: Roger Sprague, Oakland township; S. V. R. Trowbridge, Troy ; Lemuel Castle, Bloomfield; Amos Mead, Farmington, and Jacob N. Voorheis, Pontiac. Mr. Sprague was chosen chairman and Joseph Morrison, clerk.
COUNTY COMMISSIONERS AND SUPERVISORS
Under the territorial law three commissioners were appointed by the governor to transact the necessary county business, which law continued in force until 1825, when the office became elective and was thus until 1827, when, as stated, it was abolished by the board of township super- visors established in its place. In 1839 the board of supervisors for the county was abolished, the supervisors continued as township officers, and a board of county commissioners again established, which was in force until 1842, when it was again displaced by a board of supervisors.
SOME EARLY ASSESSMENTS
At the October meeting, held on the 15th of the month, a per diem of one dollar was fixed as the full compensation for the services of all town- ship officers not otherwise provided for. The amount raised for county purposes was $1,940.69, the total assessment therefore being $388, 138, by townships as follows : Pontiac, $123,328; Bloomfield, $72,254; Troy, $68,680; Oakland, $77,466; Farmington, $47,410. The taxes were all col- lected with the exception of $211.89 on non-resident lands and $6 delin- quent personal tax-a pretty good record, and one which would hardly be made (that is, taxes collected in proportion to the assessments) in these days.
The assessments and taxes (the latter divided into county and town) for 1828 were as follows:
Town
Assessment
Tax
Pontiac
$106,377
$ 447.24
Bloomfield
59,368
299.84
Troy
63,190
223.04
Oakland
66,074
293.07
Farmington
44,000
168.53
Total
$339,009
$1,431.72
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HISTORY OF OAKLAND COUNTY
The property assessed in 1828 consisted of horses and cattle of one year old and upward, wagons, carts, clocks and watches, all assessed at their actual value. Notes, bonds, money and stock in trade were all as- sessed similarly and indebtedness was deducted therefrom.
At the March session, 1830, the following, called by the officials "a moderate cash valuation," was fixed by the board as the rates of assess- ment for that year : Stallions kept for stock purposes, $150; other horses (first, second and third rate), $75, $40 and $20 respectively ; oxen for the same rates, $50, $40 and $30 per yoke; cows, same grades, $16, $12 and $8; hogs, over one year old, $1.50; sheep not valued.
In March, 1831, the job of completing the courthouse was let to John W. Hunter and G. O. Whittemore; and at the same meeting in 1833 the balance was paid to the contractors and the work accepted.
At the October session of 1831, Southfield township was first repre- sented on the board, Henry S. Babcock being the supervisor. At the March meeting, 1832, Gardner D. Williams, supervisor of Sagana town- ship (Saginaw county) appeared, and at the October session of 1833 the following newly organized townships were represented by their first supervisors : Royal Oak, Major Curtis; Novi, Samuel Hungerford; Grand Blanc (Genesee county), Norman Davison.
The townships of 1833 showed up thus financially : Novi was assessed at $85,941, and yielded $526.22 in taxes; Royal Oak, $28,966 and $191.55 respectively, and Grand Blanc, $22,906 and $229.06.
Four new townships were represented in October, 1834-Commerce, by Harvey Dodge; West Bloomfield, by Terrel Benjamin ; Lyon, by Wil- liam Dutcher ; and Mia (Lapeer county), by Oliver Bristol. At this meeting, also, the bounty of five dollars for wolf scalps was repealed, and one of three dollars, in conjunction with the state bounty of ten dollars, offered. During the preceding seven years (since 1827) about three hundred and seventy wolves had been killed in Oakland county.
The three Oakland county townships were assessed and taxed as fol- lows: West Bloomfield, $40,971 and $226.44; Lyon, $34,364 and $247.1I ; Commerce, $16,436 and $90.49.
The six new townships of 1835 yielded the following, as to assess- ment of property and taxes : Avon, $89,209 and $516.87; Waterford, $36,058 and $184.53; Highland, $23,238 and $149.99; Milford, $22,034 and $157.37 ; Orion, $21,530 and $125.91 ; Groveland, $10,089 and $63.05.
In October, 1835, the new township of Waterford sent Isaac I. Voor- heis as a member of the board of supervisors (he had represented Pon- tiac on the preceding board) ; Milford, Abel Peck; Highland, R. Tenny ; Avon, William Price; Groveland, Nathan Herrick; and Orion, Jesse Decker. In the following year only one township was created-White Lake, with Alexander Galloway as supervisor.
The six new towns which were created in 1836 bore the following proportion of assessment and taxes : Addison, $59,063 and $354.55 ; Bran- don, $43,666 and $230.68; Oxford, $62,509 and $354.55; Independence, $73,118 and $379.16; Rose, $63,727 and $385.51 ; Springfield, $73,437 and $432.27.
In 1837 Addison township elected Lyman Boughton as its first super- visor ; Brandon, G. P. Thurston ; Independence, J. Clark, and Rose town-
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HISTORY OF OAKLAND COUNTY
ship, J. A. Wandle. Oxford and Springfield paid taxes that year, but were not represented at the October meeting of the board of supervisors.
CIRCLE OF TOWNSHIPS COMPLETED
At the October meeting of 1838, Holly came into and completed the circle of townships, with J. T. Allen as her first supervisor. Her prop- erty was assessed at $66,634; taxes, $406.56. But the legislature of the state did not seem to take kindly to the system of township and county government and in the year named changed it from a board of super- visors to a body of county commissioners. On the 7th of January, 1839, Isaac I. Voorheis, George Brownell and William M. Axford were sworn in as the first three commissioners, with Mr. Voorheis as chairman. At this meeting they elected the first county superintendents of the poor- William Price, Harvey Seeley and Friend Belding-and abolished the distinction between county and township poor.
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