USA > Michigan > Oakland County > History of Oakland County, Michigan, with illustrations descriptive of its scenery, palatial residences, public buildings, fine blocks, and important manufactories > Part 13
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216.54
U. S. bonds to secure circulation
100,000.00
U. S. bonds on hand .
1,400.00
Other stocks, bonds, and mortgages.
12,850.00
Due from approved reserve agents.
18,916.91
Due from other National banks.
4,060.87
Due from State banks and bankers.
29.56
Real estate, furniture, and fixtures
15,250.00
Current expenses and taxes paid
4,032.24
Checks and other cash items.
1,042.53
Bills of other National banks
3,510.00
Fractional currency, including nickels
265.00
Specie, including gold treasury notes.
1,125.68
Legal-tender notes ...
10,050.00
Redemption fund with U. S. treasurer (five per cent. of circulation). 4,500.00
Total
.$367,653.05
LIABILITIES.
Capital stock paid in ..
$100,000.00
Surplus fund.
20,000.00
Other undivided profits.
10,962.02
National bank notes outstanding ..
90,000.00
Individual deposits subject to check
38,183.62
Demand certificates of deposit.
108,507.41
Total
$367,653.05
THE SECOND NATIONAL BANK OF PONTIAC
was organized September 1, 1865, and began business October 13 following. The subscribers to the capital stock of the bank, which was fixed at one hundred thousand dollars, were M. Lamont Bagg, Theron A. Flower, Stephen Baldwin, Horatio N. Howard, A. A. Lull, and Wm. Brown; and these gentlemen, with the exception of Mr. Brown, composed the first board of directors. Dr. M. L. Bagg was the first president, Theron A. Flower vice-president, and Alba A. Lull cash- ier. Mr. Lull has remained at the cashier's desk to the present time. Mr. Flower and H. Woodward have served the bank as president, and Wm. M. McConnell has filled the position for the past three years. The fine bank building on Sagi- naw street was erected by the bank in 1868, at a cost of sixteen thousand nine hundred dollars, complete and furnished.
The last quarterly statement, dated June 22, 1877, is as follows:
RESOURCES.
Loans and discounts
.. $188,392.24
Overdrafts.
858.49
U. S. bonds to secure circulation
100,000.00
U. S. bonds on hand
150.00
Due from approved reserve agents.
23,836.44
Due from other National banks .....
2,124.18
Real estate, furniture, and fixture's
8,653.18
Current expenses and taxes paid.
2,228.49
Premiums paid
5.00
Checks and other cash items
327.52
Bills of other National banks.
12,840.00
Fractional currency, including nickels ....
239.05
Specie, including gold treasury certificates.
705.26
Legal-tender notes ....
19,508.00
Redemption fund with U. S. treasurer (five per cent. of circulation).
1,400.00
Total.
$361,267.85
LIABILITIES.
.. $100,000.00
Surplus fund
20,000.00
Other undivided profits ..
9,086.55
National bank notes outstanding
88,580.00
Dividends unpaid ..
50.00
Individual deposits subject to check
32,124.79
Demand certificates of deposit.
111,426.51
Total
.. $361,267.85
THE FIRST NATIONAL BANK OF HOLLY
was organized in December, 1870, with a capital of fifty thousand dollars, which was increased to sixty thousand dollars, January 1, 1872. The heaviest deposits at one statement have been sixty-three thousand dollars, and the heaviest loans have aggregated one hundred and six thousand dollars in any one statement. The total profits have been thirty-seven thousand dollars, thirty thousand dollars of which have been paid to stockholders and the balance passed to the account of surplus. The present officers are Jas. B. Simonson, president; J. K. Tindall, vice-presi- dent; J. C. Simonson, cashier.
The last statement published by the bank, dated June 22, 1877, is as follows :
RESOURCES.
.$86,453.86
Overdrafts.
1,065.21
U. S. bonds to secure circulation
30,000.00
Other stocks, bonds, and mortgages
1,864.98
Due from approved reserve agents
3,283.66
Due from other National banks
2,039.35
Real estate, furniture, fixtures ..
5,300.00
Current expenses and taxes paid
382.64
Checks and other cash items.
261.26
Bills of other banks.
969.00
Fractional currency (including nickels) ..
₩ 104.43
Specie, silver.
101.15
Legal-tender notes.
2,465.00
Redemption fund with U. S. treasurer (5 per cent. of circulation). 1,350.00
Total
.$135,640.54
$4,824.00
Coin
2,176.66
7,888.00
Loans and discounts.
Capital stock paid in.
38
HISTORY OF OAKLAND COUNTY, MICHIGAN.
LIABILITIES.
Capital stock paid in.
.$60,000.00
Surplus fund ...
3,000.00
Undivided profits.
5,567.16
National bank notes outstanding
.$9,278 35
Demand certificates of deposit
30,795 03
40,073.38
Total.
.$135,640.54
THE MERCHANTS' NATIONAL BANK OF HOLLY
was organized and began business May 10, 1872, with a capital of fifty thousand dollars. Its heaviest deposits at any one time amounted to forty-seven thousand dollars, and its heaviest discounts reached seventy-eight thousand dollars. The total net profits of the bank have been twenty-eight thousand dollars. The present officers of the bank are Thomas Hadley, president; D. R. Stone, vice- president ; and Sidney S. Wilhelm, cashier. The last quarterly statement, dated June 22, 1877, is as follows :
RESOURCES.
Loans and discounts.
.. $65,986.40
Overdrafts.
700.00
C. S. bonds to secure circulation
50,000.00
Due from approved reserve agents
2,362.96
Due from State banks and bankers 1,460.46
Real estate, furniture, fixtures . 5,341.00
Current expenses and taxes paid.
967.50
Premiums paid
4,500.00
Checks and other cash items.
1,700.69
Fractional currency (including nickels)
25.01
Specie (including gold Treasury certificates)
334.00
Legal-tender notes ...
4,207.00
Redemption fund with U. S. Treasurer (5 per cent. of circulation). 2,250.00
Due from U. S. Treasurer, other than 5 per cent. redemption fund.
500.00
Total.
$140,335.02
LIABILITIES.
Capital stock paid in ..
.$50,000.00
Surplus fund.
2,400.00
Undivided profits 2,009.01
National bank notes outstanding 45,000.00
Dividends unpaid. 59.00
Individual deposits subject to check 4,892.13
Demand certificates of deposit 35,170.67
Due to other National banks
764.58
Due to State banks and bankers
39.63
Total
.. $140,335.02
PIONEER SOCIETY OF OAKLAND COUNTY.
Social gatherings of the pioneers of Oakland County had been held at various times, from 1860 down, but the first organization in a permanent form was effected January 21, 1874, in response to a call signed by John Southard, Thomas J. Drake, Hervey Parke, and Henry Waldron, dated January 6, 1874. The meet- ing assembled at the court-house, and organized by choosing Hon. Thomas J. Drake temporary chairman and James A. Weeks and C. F. Kimball secretaries. On taking the chair the venerable Judge Drake thanked the meeting for the honor conferred upon him, and briefly stated the objects of the gathering, which were to organize a pioneer association for Oakland County, for the interchange of social courtesies, and for the preservation in tangible form of the recollections of the early days. Judge Drake offered the following :
" Resolved, That we do hereby form ourselves into an organization to be known as the 'Pioneer Society of Oakland County ;' that the society shall have a presi- dent, vice-presidents, and a secretary ; and, further, that we recommend the forma- tion of auxiliary societies in each township, and that the president of each auxiliary society shall be ex officio a vice-president of this society."
The resolution was adopted, and Hon. Henry Waldron was elected president of the society and James A. Weeks secretary.
The society has met annually, or oftener, since its permanent organization, and its records are replete with interesting recollections of early settlers, with anec- dotes, facts, fun, and fancy. The articles furnished by the various contributors cover a great variety of subjects. There are able addresses by Judge Drake, interesting historical letters by Captain Hervey Parke, now in his eighty-eighth year, Diodate Hubbard, Mrs. M. A. Hodges, Colonel Almon Mack, J. B. John- son, John Southard, C. Z. Horton, Linus Cone, L. C. Harger, Melvin Drake, E. S. Ingersoll, Peirce Patrick, Deacon A. P. Frost, Daniel M. Judd, Benjamin Horton, E. M. Francis, George Malcom, Jedediah Durkee, Mrs. Betsey Davis, George Dow, Jacob J. Perry, Edward Martin, Samuel Andrews, Mrs. Susan Button, Cyrus A. Chipman, Alfred Judson, and many others.' They abound in historical sermons, stories of pioneer life, adventures with wild animals, hardships, sports, and reminiscences of the times that. " tried the souls" of men and women. Not the least interesting portion of these records are the poetical effusions of various male and female citizens of the county, prominent among whom are Samuel M. Leggett, Andrew Mckinley, John Southard, Pheroras I. Perrin, W. K. Van Syckle, Mrs. Ruth Green, Mrs. J. A. Jackson, H. C. Judd, and others.
These poems touch upon all conceivable subjects, and are written in every variety of style, composition, and tone, " from grave to gay, from lively to severe," affording an inexhaustible fund of pathos, of wit and humor, and aptly illustra- ting the great variety of tastes and characteristics among the forty thousand people of Oakland County.
The amount of material collected since the organization of the society is very considerable, and it is mainly owing to the indefatigable labors of the worthy secretary, Mr. James A. Weeks, himself a veteran pioneer, that so much inter- esting historical data has been brought together and preserved in durable and convenient form. Mr. Weeks takes great interest in all matters touching the early history of Oakland County, and his personal knowledge is practically unlimited.
The number of names upon the pioneer roll in September, 1876, according to Mr. Weeks' report, was six hundred and thirty-six, including both sexes, and being the names of those who came mostly prior to 1840. In the coming years, when the last of the "pioneers" shall have
" Wrapped the drapery of his couch about him, And laid down to pleasant dreams,"
these records will have an added value, and the interest of future generations shall not diminish as they ponder the story of those that have passed away. In the language of the prophet, they will " remember the days of old," and " con- sider the years of many generations."
CHAPTER IX.
COURTS AND LEARNED PROFESSIONS.
THE LAW COURTS-KINGLY JURISPRUDENCE-PARLIAMENTARY PROVISIONS -CONGRESSIONAL ENACTMENTS-TERRITORIAL DECREES-GUBERNATORIAL COMMANDS-CONSTITUTIONAL REQUIREMENTS-THE COUNTY COURT-THE CIRCUIT COURT-THE CHANCELLOR'S COURT-THE CRIMINAL COURT-THE PROBATE COURT-THE BAR AND ITS REMINISCENCES-CELEBRATED TRIALS -AN OLD DOCKET-THE MEDICAL PROFESSION : ALLOPATHY AND HOMEOPATHY.
THE present excellent system of judicature of Michigan has been developed through a tortuous way. The white inhabitants of the territory included in the limits of the State, from the earliest settlement at Detroit, in 1701, to the present time, have been governed by the edicts of kings, the decrees of imperial parlia- ments and provincial governors, the orders of military commandants, the ordi- nances of national congresses, the enactments of Territorial governors and coun- cils, the provisions of State constitutions, and the laws of State legislatures. From the coutume de Paris to the State constitution and the enactments of 1877, one hundred and seventy-six years of progress have left their impress along the way.
In the admirable paper of Judge A. D. Frazer, of Detroit, which forms the preface to the authorized reprint of the " Territorial Laws of Michigan," a sum- mary of the different systems of judicature which have been in vogue in Michi- gan previous to the organization of the Territorial government in 1805 is given, from which we quote :
" The customs of Paris, and the ordinances of the kingdom, were introduced by the French into Canada at a very early period. These, with certain arrêts and decrees of the French governor, and other authorities of the province, consti- tuted the rule of civil conduct in that extensive region of country. The admin- istration of justice, however, seems to have been limited to the densely settled portions of the country. 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 important official, in view of the duties cast upon him by law, being required to keep a register of all the legal in- struments 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, ac- companied 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
27,000.00
Individual deposits subject to check.
39
HISTORY OF OAKLAND COUNTY, MICHIGAN.
him in,-no sheriff, no taxation of 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, protected by the northern forts, up to the very time that France transferred 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 governments,-Quebec, East and West Florida, and Canada,-but neither Michigan nor any 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 government. 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 should be the rule of decision. The criminal law of Eng- land was to be continued in force in the province. ... Notwithstanding the adop- tion of this act, the inhabitants of Michigan did not at once realize the benefit of a civil government, a few justices of the peace being commissioned only ; 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 (Dejean) 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. Eighteen of these entered into a bond that three of them should be a weekly court in rotation, and that they should defend any appeal which might be taken from their decision. They rendered judgment and issued execution and imprisoned the defendant in the guard-house." The inhabitants of Michigan seem to have gained but little by the change of sovereigns or the change of laws. No courts had been established by either, no competent judge appointed or jail erected. At length, in 1788, the captain-general of the prov- ince laid out the province into separate districts, and that which embraced Michi- gan was called " Hesse;" and in 1790, on the 25th of November, the Imperial parliament passed another act, by which the province of Quebec was divided into two provinces, called respectively the province of Upper and Lower Canada, each of which was granted a legislative council and general assembly to make all laws not repugnant to the act, and to be approved by the king or the 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 bearing date Octo- ber 15, 1792, repealed the law of Canada and every part thereof as a rule of de- cision, 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 contro- versy. Subsequently, legislation introduced jury trials, established a court of request in each district, and provided for the building of a court-house and jail in each district. In 1793 an act was passed to legalize certain marriages pre- viously solemnized in the province by the commanding officer of a 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 residing in the province. Courts of general quarter-sessions of the peace were established the same year, and terms and places of holding the same fixed; and also the further introduction of slaves prohibited, and a court of probate and a surrogate court established in all the districts. Juries were regulated very minutely by an act passed the same year, and a law passed establishing a superior court of civil and criminal jurisdiction, and to regulate 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, January 29, 1796, and an execution, issued on a judgment then obtained, was made returnable before the court on the 1st of September thereafter ; but early in the month of July, 1796, the posts of Mackinac and Detroit were surrendered by the British government to the United States, in accordance with the provisions of Jay's treaty. On the 15th day of the same month Governor St. Clair, by proclamation, organized the county of Wayne, which included the northwest part of Ohio, the northeast part of Indiana, and the whole of Michigan, then embracing a part of Wisconsin, and annexed the same, by a mere executive act, to the Northwest Territory, and the
laws of that Territory were silently introduced into Michigan as a part of the county of Wayne, and the curtain allowed to drop on the laws of Upper Canada forever, and no inconvenience was caused thereby or litigation resulted in conse- quence of that course. These laws were never formally repealed until September 16, 1810. The different Territorial courts were held at Detroit, as the county- seat of Wayne county. In May, 1800, the Territory of Indiana was carved out of the Northwest Territory, and in 1802 the State of Ohio was organized and Michigan attached to Indiana Territory, and so continued until January 11, 1805, when Michigan Territory was created. The governor and judges were the law- making power from the latter date until 1824, when the Territory entered upon the second grade of government and the legislative council came into power. In 1835 the State constitution was adopted, and the State admitted into the Union in January, 1837, and constitutional authority was supreme. In 1850 the or- ganic law was revised, and, with some amendments since adopted, is now in force. The courts which have exercised jurisdiction in Oakland County since its organ- ization are as follows :
The first court established in the Territory was the supreme court, consisting of three judges, one chief, holding the earliest commission, and two associates, ap- . pointed by the president of the United States. This court was created by Gov- ernor Hull and Judges Woodward and Bates July 24, 1805, and had original and exclusive jurisdiction of all cases, both in law and equity, where the title of land was in question, and original and concurrent jurisdiction in all cases where the matter or sum in dispute exceeded two hundred dollars, and appellate juris- diction in all cases whatsoever, and original and exclusive jurisdiction in all crimi- nal cases where the punishment was capital, and of divorce and alimony. Ont the 25th day of July, 1805, the same authority created district courts, dividing the Territory into judicial districts, viz., Erie, Detroit, and Huron, and Michili- mackinac. The jurisdiction of these courts was " over all persons, causes, mat- ters, 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 any 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 the courts was amended by the same authority that created them, with the exception of Judge Griffin, who had come into the place previously occupied by Judge Bates ; 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 office during good behavior, the judges to appoint their own clerk. They also had the power to levy and collect taxes for district charges.
On the 16th day of September, 1810, the legislation had between June 2, 1807, and September 1, 1810, was repealed; however, all accrued rights under such legislation were saved. On the same day, also, the act establishing district courts was repealed and the business unfinished on their dockets transferred to the supreme court, and the justices of the peace, according to the respective juris- diction of each, to close up, the jurisdiction of the latter being extended to sums and matters not exceeding one hundred dollars, upon consent of parties, and the jurisdiction of the former was extended to matters exceeding one hundred dollars in controversy and to the probate of wills.
On the 24th of October, 1815, an act was passed by the governor and judges creating
THE COUNTY COURTS
of the Territory, to be held by one chief and two associate justices, either of whom should form a quorum, which courts 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 jurisdiction in cases of ejectment. The courts also had exclusive cognizance of all offenses the punishment whereof was not capital, and had the same power to issue remedial and other processes, writs of error and mandamus excepted, as the supreme court had. The court had appellate powers over justices of the peace, whose jurisdiction could not exceed twenty-dollar wrangles, unless a person voluntarily confessed judgment, in which case the jurisdiction was enlarged to one-hundred-dollar judgments. Until the Territory contained more than one county the court was held at Detroit. The judges were appointed by the governor, as well as the justices. Judgments could be rendered against the plaintiff in favor of the defendant if the former was found culpable or indebted. Executions commanded the body if sufficient property was not found to satisfy the same. One sheep, one cow, one hog, the apparel, bedding, and tools of the defeated party were exempt from execution. A grand jury was
40
HISTORY OF OAKLAND COUNTY, MICHIGAN.
provided for August 14, 1805, for the supreme court, and the provisions of the act extended to the county courts December 31, 1817. On the establishment of the county courts, the jurisdiction of the supreme court was confined to all matters where the amount in dispute exceeded one thousand dollars, except actions of ejectment, of which it had exclusive cognizance.
On the 13th of June, 1818, the powers of a chancery court were extended to the county court, and the supreme court was given concurrent jurisdiction with and appellate powers over the county courts, and the governor was authorized to ap- point a master commissioner in chancery for either court.
The county of Oakland was defined by metes and bounds January 12, 1819; and on the 30th of March, 1820, the terms of the county court were fixed for the county,-to be held on the second Monday of February and third Monday of July in each year. The first court was accordingly held at Pontiac, July 17, 1820, with the following presence : Hon. Wm. Thompson, chief justice; their honors Daniel Bronson and Amasa Bagley, associates ; Wm. Morris, Esq., sheriff; and Sidney Dole, Esq., clerk. The court was opened by due proclama- tion by the sheriff, who returned the venire for the grand jury, which being called appeared as follows : Elijah Willits, Ziba Swan, John Hamilton, Elisha Hunter, Wm. Thurber, Ezra Baldwin, Asa Castle, Elijah S. Fish, Alpheus Wil- liams, Oliver Williams, Alex. Galloway, Henry O. Bronson, Nathan I. Fowler, Josiah Goddard, James Graham, Enoch Hotchkiss, and Calvin Hotchkiss, who were sworn to discharge their duties according to law. Spencer Coleman, Esq., of Detroit, was, on his own application, admitted to the bar of the court to prac- tice his profession as an attorney, and, on his application, Daniel Le Roy, formerly an attorney of New York, was also admitted. (Mr. Le Roy located in Pontiac, being the first resident attorney in the county of Oakland.)
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