History of St. Clair County, Michigan, containing an account of its settlement, growth, development and resources, its war record, biographical sketches, the whole preceded by a history of Michigan, Part 49

Author:
Publication date: 1883
Publisher: Chicago, A.T. Andreas & Co.
Number of Pages: 818

USA > Michigan > St Clair County > History of St. Clair County, Michigan, containing an account of its settlement, growth, development and resources, its war record, biographical sketches, the whole preceded by a history of Michigan > Part 49

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The territory known as St. Clair County in 1821 formed the township of St. Clair, of Wayne County, up to 1818, when it was attached to the newly organized county of Macomb. Within a few years the settlers of this township sought a county organization, and before the spring time called them to their fields again, they had established for themselves a county and a county govern- ment. The action of the Legislative Council and State Legislature in regard to the townships of Macomb, is reviewed in the following acts and summarization of acts :

ST. CLAIR TOWNSHIP.

The act of the Legislative Council, approved January 5, 1818, provided that "the district beginning at the opposite shore of the River Huron, including the shore, and running along the shore of Lake St. Clair, to the mouth of the River St. Clair. and along said river to Fort Gratiot, and extending in the rear as aforesaid, shall form one township, and be called the township of St. Clair."

OLD COURT HOUSE GROUNDS.

The following is a copy of deeds, etc., etc., connected with the conveyance of the old court house grounds at the village of Palmer to the county for public purposes :

JAMES FULTON and HANNAH FULTON

To LEWIS CASS, Governor.

Received for Record this 5th day of June, A. D., 1822, at 3 o'clock P. M.

JOHN THORN, Register.

This deed, made the 28th day of March, one thousand eight hundred and twenty, by James Fulton to Lewis Cass, Governor of the Territory of Michigan and his successors in office, Governors

322

HISTORY OF ST. CLAIR COUNTY.

of said Territory of Michigan for the use of the county of St. Clair in the Territory aforesaid, . witnesseth : that the said James Fulton, of the town of St. Clair, in consideration of one dollar to him in hand paid, and for other good causes and considerations, him thereunto moving, has given him, granted, sold and conveyed, and by these presents does give, grant, sell, convey, and confirm unto the said Lewis Cass, Governor of the Territory of Michigan, and his successors in office, Governors of the said Territory, for the use of said county of St. Clair forever, all that certain lot or parcel of ground situated, lying and being in the town of St. Clair, aforesaid, bounded as follows, to wit : Northwardly by Brooks street, eastwardly by Second street, southwardly by Park street, and westwardly by Third street, and which lot of ground is one hundred and eighty feet square ; and also one other square or parcel of ground situated, lying and being in the town of St. Clair, aforesaid, divided into six lots, numbered eleven, thirteen and fifteen, are bound in front and southwardly by Park street, westwardly by Fifth street, and eastwardly by Fourth street and the remaining three of said lots, numbered eleven, thirteen and fifteen, are bounded in front and northwardly by Brooks street, eastwardly by Fourth street, and westwardly by Fifth street; and each of which said lots last mentioned are bounded in the rear by, and adjoin those of corresponding numbers first described in this last square or parcel of ground, to have and to hold the said lots, squares and parcels of ground with their appurtenances to the said Lewis Cass, ,Governor of the Territory of Michigan, his successors in office, Governor of said Territory, for the use of the county of St. Clair forever; provided, nevertheless, that the Commissioners of said county of St. Clair, or any officer or officers by whatever name or names he or they may be called, who shall hereafter be invested with or required by law to do the duty of the said Commissioners, shall be and are hereby authorized to sell three of said lots situated in the square last described in this Deed, at their discretion, and apply the proceeds thereof to the erection or completion of public buildings for the said county.

In witness whereof I have hereunto set my hand and seal the day and year above written.

JAMES FULTON. [Seal.] HANNAH FULTON. [Seal.]

Signed, sealed and delivered in presence of us.

MELVIN DORR. JAMES A. DOTY.

TERRITORY OF MICHIGAN, Wayne County-ss.

Be it remembered that on this twenty-eighth day of March, one thousand eight hundred and twenty, personally came before the undersigned, a Justice of the county of Wayne, James Fulton, who acknowledged he had executed the foregoing Deed for the purpose therein contained and expressed.

Certified under my hand at the city of Detroit, the day and year above written.

J. A. DOTY, Justice of the Peace.

TERRITORY OF MICHIGAN, County of Macomb-ss.

Personally came before me the undersigned, one of the Justices of the Peace in and for the county aforesaid, Hannah Fulton, wife of the aforesaid James Fulton, who being examined privily and apart from her husband, did declare that she had freely and willingly sealed and delivered the foregoing Deed for the purposes therein named, and wishes not to retract it, and causeth that it may be recorded.

Given under my hand at St. Clair, in the county and Territory aforesaid, this ninth day of De- cember, Anno Domino eighteen hundred and twenty.

JOHN H. SMITH, Justice of the Peace.

MACOMB COUNTY ERECTEL.

A petition was presented to Gov. Cass, signed by a number of the inhabitants of the Terri- tory, requesting that a new county may be laid out therein, which was responded to as follows :

Now, therefore, believing that the establishment of such county will be conducive to the public inter- est and to individual convenience, I do, by virtue of the authority in me vested by the ordinance of Congress, passed the 13th day of July, in the year of our Lord one thousand seven hundred and eighty-seven, entitled An ordinance for the government of the Territory of the United States Northwest of the River Ohio," lay out that part of the said Territory included within the following boundaries, namely: Beginning at the south- west corner of Township number one, north of the base line (so called), thence along the Indian boundary

323

HISTORY OF ST. CLAIR COUNTY.

line north to the angle formed by the intersection of the line running to the White Rock upon Lake Huron; thence with the last-mentioned line to the boundary line between the United States and the British Province of Upper Canada; thence with the said line southwardly to a point in Lake St. Clair due east from the place of beginning; thence due west to the eastern extremity of the said base line; and with the same to the place of beginning, into a separate county, to be called the county of Macomb.

And I do hereby appoint William Brown, Henry T. Hunt, and Conrad Ten Eyck, Esquires, Commis- sioners for the purpose of examining the said county of Macomb, and of reporting to me where it is the most eligible site for establishing the seat of justice thereof.

And I do constitute the said county a district for the purposes required by the act entitled " An act to adjust the estates and affairs of deceased persons, testate and intestate, and for other purposes," passed the 19th day of January, one thousand eight hundred and eleven.

In testimony whereof I have caused the great seal of the said Territory to be hereunto affixed, and have signed the same with my hand. Given at Detroit this 15th day of January, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States of America the forty- second. LEWIS CASS.

By the Governor:

WILLIAM WOODBRIDGE, Secretary of Michigan Territory.

Prior to that date Macomb County was attached to the Judicial District of Huron, and its lim- its embraced the present counties of Oakland, St. Clair, Lapeer, and several other more Northern counties. The county seat was established at Mt. Clemens, where it has remained to this day. On the organization of the county, the Governor, by commission under the great seal of the Territory, appointed the following officers. We give the names of the persons appointed, the dates of the ap- pointments, and the titles of the offices: 1818, January 20-Christian Clemens, Chief Justice; Daniel LeRoy and William Thompson, Associate Justices; John Stockton, Clerk of the Court of General and Quarter Sessions; Conrad Tucker, Justice of the Peace; Elisha Harrington, Justice of the Peace; Ignace Moross, Coroner; John Connor, Constable; Rufus Hatch, Justice of the Peace; February 9, Daniel Leroy, Justice of the Peace; Francis Labadie, Justice of the Peace; John K. Smith, Justice of the Peace; June 22. John Connor and John B. Petit, Commissioners, August 13, James Robinson, Constable; Benoit Tremble, Supervisor of Harrison; November 3, Daniel LeRoy, Judge of Probate; John Stockton, Register of Probate; December 12, John Stockton, Justice of the Peace. 1819, January 4-Ezra Prescott, Prosecuting Attorney.

ESTABLISHMENT OF ST. CLAIR COUNTY.

WHEREAS, The inhabitants residing within that part of the Territory included within the county of St. Clair, as the same was laid off by an act of the Governor of this Territory, bearing date the 28th day of March, 1820, have requested that the same should be organized ;

Now, therefore, I do, by virtue of the provisions of the ordinance of Congress, of July 13, 1787, determine the limitation of said act of the Governor of this Territory, and I do hereby declare the inhabitants thereof henceforth entitled to all the rights and privileges to which, by law, the inhabitants of the other counties of this Territory are entitled.

And I do further declare, that the seat of justice of the said county, in conformity with the report of the Commissioners appointed for that purpose, is temporarily established at the town of St. Clair, and that as soon as the building, contracted to be built by the proprietor of the said town, for a court house and gaol, is completed agreeably to contract, the seat of justice of the said county shall be permanently established at the town of St. Clair.

In testimony whereof, I have caused these letters to be made patent, and the great seal of the said Terri- tory to be hereunto affixed. Done at the city of Detroit, this 8th day of May, A. D. 1821, and of the inde- pendence of the United States the forty-fifth. LEWIS CASS. By the Governor:

WILLIAM WOODBRIDGE, Secretary of the Territory of Michigan.

A PROCLAMATION.

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 may require such a measure;

Now, therefore, Believing that a compliance with this request will have a tendency to increase the popu- lation of such part of the Territory as may be included within these boundaries, and to prevent those difficul- ties which sometimes arise from the establishment of counties, when the settlements are formed and conflict- ing opinions and interests are to be reconciled, I do, by virtue of these presents, and in conformity with the provisions of the ordinance of Congress of July 13, 1787, lay out that part of the said Territory included with- in the following boundaries, viz .: Beginning at the southeast corner of Township 3 north, Range 14 east ; thence north to the northeast corner of Township 4 in the same range; thence west to the county of Oakland ; thence north to the northeast corner of Township 6 north, and Range 11 east : thence west to the Indian boundary line, as established by the treaty of Detroit November 17, 1807; thence north with the same, north and northeasterly to the boundary line between the United States and British Province of Upper Canada;

324

HISTORY OF ST. CLAIR COUNTY.

thence with the said boundary line southwardly, to a point due south from the place of beginning ; and thence to the place of beginning, into a new county, to be called the county of St. Clair. And I do, in con- formity with the report of the Commissioners appointed for that purpose, establish the seat of justice of the said county at the town of St. Clair. And I do further declare, that this proclamation shall take effect and be in force after the same shall be so declared by the Governor of the said Territory, or other competent authority therein, for the time being, and not sooner.

In testimony whereof, I have caused these letters to be made patent, and the great seal of the said Terri- tory to be hereunto affixed. Done at the city of Detroit this 28th day of March, A. D. 1820, and of the independence of the United States the forty-fourth. LEWIS CASS.

By the Governor:

WILLIAM WOODBRIDGE, Secretary of Michigan Territoru.

THE DIVISION OF THE COUNTY INTO TOWNSHIPS.

The following is a copy of the proclamation issued by Gov. Lewis Cass, March 17, 1823 :

"WHEREAS, The Commissioners of the county of St. Clair have recommended admission of the said county into townships ; now, therefore, in conformity with the ordinance of Congress of July 13, 1787, I do hereby establish the following townships in the said county of St. Clair, namely :

The township of Plainfield to be bounded as follows : Beginning on the border of the River St. Clair, at the north line of land, belonging to the heirs of Alexander Harrow, deceased, thence northwesterly along said line to the northeast corner of Section No. 28 : thence along the north line of Sections No. 28, 29, 30 and 25, to the border of Lake St. Clair ; thence southerly until it intersects the boundary line between the United States and Upper Canada ; thence northeasterly along said boundary line to a point due east from the place of beginning ; thence west to the place of beginning.

The township of Cottrellville, to be bounded as follows : Beginning on the border of the River St. Clair, at the south line of land belonging to James Fulton, Esq .; thence westerly along said line to the northeast corner of Section No. 12, in Town No. 4, and Range No. 16 east ; thence west to the boundary line of said county ; thence south along said boundary line to Lake St. Clair, thence easterly along the border of Lake St. Clair, till it intersects the north line of the township of Plainfield, and continuing easterly along the north line of said township to the border of the River St. Clair ; thence northeasterly along the border of said river to the place of beginning.

The township of St. Clair to include all that part of said county, north and northwest of the township of Cottrellville.

In testimony whereof, I have hereunto set my hand and caused the great seal of the said Territory to be affixed at Detroit this seventeenth day of March, in the year of our Lord one thousand eight hundred and twenty-three, and of the independence of the United States the forty-seventh.

By the Governor :

LEWIS CASS.

WILLIAM WOODBRIDGE, Secretary of Michigan.

Appended to the original document is the following certificate :

These are to certify to all whom these presents may concern, that the foregoing instrument of writing is a true copy of a proclamation of His Excellency, Lewis Cass, Esq., Governor of said Territory, this day deposited of record in my office ; and also that it further of record appears that His Excellency, the Governor aforesaid, by his executive act in the premises, bearing even date with the proclamation aforesaid, and this day also deposited of record in my said office, hath further directed, ordered, and decreed, that all commissions whatsoever at the date of these presents in force, appointing any person or persons whomsoever, to be Super- visors in and for said county of St. Clair, or any part or parts thereof, shall be from the date of these pre- sents, and the same accordingly are revoked, annulled, superseded and avoided.

In testimony of the premises I have hereunto set my name and affixed hereto the great seal of said Terri- tory at Detroit, this 17th March, 1823.

WILLIAM WOODBRIDGE, Secretary of Michigan.

John S. Fish, appointed Supervisor for the township of Plainfield ; Andrew Westbrook, appointed Supervisor for the township of Cottrellville ; David Oakes, appointed Supervisor for the township of St. Clair. Appointed March 17, 1823. WILLIAM WOODBRIDGE.

FIRST COUNTY SEAT WAR!

St. Clair County was organized as a county May 8, 1821, by proclamation of the Governor, in whom and the Judges, up to that time and for two years later, was vested the Legislative power of the Territory. This was sixteen years after the Territory of Michigan was constituted, in the eighth year of Gov. Cass' administration, and two years after the Territory was authorized by act of Con- gress to send a delegate to that body. St. Clair County then included what is now Sanilac County, and though it covered an area of fully 1,500 square miles, upon its organization was all treated as one township. The whole population of the county at that time probably did not exceed eighty families, settled mostly along the river below St. Clair.

When the county was organized, the seat of justice was temporarily located at St. Clair, where there were at that time half a dozen houses. The first County Commissioners were Andrew West- brook, John K. Smith and George Cottrell. Their clerk was John Thorn and the first Sheriff was

325

HISTORY OF ST. CLAIR COUNTY.

James Wolverton. The first prosecuting attorney was probably George A. O'Keefe who is re- corded as receiving $5 for services at the January term of court of 1823.

The Commissioners held their first meeting of which there is any record June 4, 1821, on which day they ordained what property should be assessed for taxation, the same being enumer- ated as follows: "Improved lands, wild lands, orchards, buildings, distilleries, grist mills, saw mills, horses three years old or upwards, horses two years old and not three years, oxen, cows, young cat- tle two years old and not four years, hogs one year old, household furniture, callashes, carrialls, wagons, carts, gold watches, silver watches, brass clocks and wooden clocks." Joseph Minnie was at this meeting appointed to assist Sheriff Wolverton as assessor. These two levied the first assessment ; their returns were accepted August 29 of that year, and each was allowed $4 for his services. The amount estimated for county expenses the first year was $100, by which it will be seen there was not much opportunity for jobbery in those primitive days. And out of this had to be paid the wolf bounties, which it was one of the first acts of the Commissioners to offer, at the rate of $2 cach for scalps of wolves over six months old, and $1 for the capillary adornment of those of more tender age-the same being increased the next year to $2.50 and $1.25 each respectively.

At their meeting, March 4, 1822, the Commissioners divided the township into three road dis- tricts, as follows: No. 1 embraced what is now the town of Clay; No. 2, Cottrellville, East China, Ira and all excepting the north tier of sections of Casco and China; No. 3, the residue of the county. The Commissioners then resolved that John S. Fish be required to do the duties of Supervisor of District No. 1; Joseph Minnie of No. 2; and Lewis St. Bernard of No. 3. They also

Resolved, That as soon as practicable, this division be submitted to his Excellency the Governor, in order that each district may be incorporated into a separate township, to be called and known by the follow- ing names, viz .: District No. 1 to be named Plainfield, District No. 2 to be named Cottrellville, and District No. 3 to be called St. Clair; and, further, that the persons required to do the duty of Supervisors in districts may be appointed Supervisors in their respective townships.

As stated above, the county was organized in 1821. The question of organization had been agitated the year previous, if not as early as 1819, and the Governor petitioned to grant an organi- zation, and locate the seat of justice at St. Clair.

Accompanying this petition for organization was a bond given by James Fulton and William Thorn for the erection of a court house and jail; the gift of a piece of ground 180 feet square on which the buildings were to be erected, and "an acre of ground for a burying ground." And it was upon these conditions that the county was organized, and the seat of justice temporarily located at St. Clair. Messrs. Fulton and Thorn (the latter we suppose signed the bond as surety) failed to comply with their agreement and did not erect the court house, as covenanted, and several years passed before the county had a court house, court meantime being held in Mr. Fulton's house. October 26, 1821, Mr. Fulton contracted with the Commissioners for the erection of a building which was immediately built, and formally denominated by the Commissioners at their meeting December 10, 1821, as "the Common Jaol of the County of St. Clair until such time as the Commissioners shall otherwise direct." Mr. Fulton received for building this bastile, which must have been of colossal proportions and great strength, the sum of $35-and Andrew Westbrook furnished the hinges and bolts for the sum of $6.62-or at the rate of 25 cents per pound. This jail stood immediately in the rear of Mr. Fulton's residence. That the seat of justice should remain at St. Clair was not wholly satisfactory to the people in the lower part of the county, that portion containing more settlers whose convenience and property interests would be better subserved by having the county seat further south. Samuel Ward, uncle of the late Capt. E. B. Ward, of Detroit, and Samuel Ward, of St. Clair, had come to Newport, or what is now Marine City, in 1820, and was carrying on a considerable business at this point. He and the people of that region clamored for a removal of the seat of justice and began a county seat war which con- tinued for nearly half a century with scarcely a cessation, though with changing phases. This faction seized upon Mr. Fulton's failure to comply with the conditions of his bond as an additional reason why the seat of justice should be taken from St. Clair, and besieged Gov. Cass and the Territorial Legislature with petitions. So much of a stir was caused, in fact, that three Commis- sioners, Thomas Rowland, Charles Noble and John Burbank were appointed to investigate the subject and report to the Territorial Legislature on the feasibility of such removal, and a vote of the people was ordered on the question, so that the popular preference might be arrived at.

Some of the original documents connected with that contest, and the early history of the county, have come into our possession, and believing that they will be of interest to our readers'

326

HISTORY OF ST. CLAIR COUNTY.

we give herewith printed transcripts. Nothwithstanding they are over half a century old, they are in a good state of preservation. The first is the written report of a majority of these Investi- gating Commissioners made to the Governor and Legislative Council, January 19, 1825, which reads as follows:

TO THE HONORABLE, THE GOVERNOUR AND LEGISLATIVE COUNCIL OF THE TERRITORY OF MICHIGAN: We the Undersigned Commissioners appointed under and by virtue of an act of your Honourable body, to enquire into the expediency of removing the seat of Justice of the County of St. Clair beg leave to Report; That in Obedience to the provisions of said act, we caused the Commissioners of the County of St. Clair to be notified that we should assemble at the present Seat of Justice of Said County on the 15th Novr. last past, and that said County Commissioners did agreeably to the provisions of said Act post up notice of the same in each of the townships of said County, And further did notify the inhabitants of said County that at the time and place aforesaid the sense of the majority would be taken as to the Expediency of the removal of the Seat of Justice from its present location.

That We the undersigned being a majority of the Commissioners appointed by your honourable body did meet at the Seat of Justice of St. Clair County on the fifteenth day of November last when the Commis- sioners of the County in our presence proceeded to ascertain the sense of the majority, and it was found on counting the votes that the majority were opposed to the removal as will be seen by a certified Poll list re- turned herewith.

We have the honour further to report that we have examined the situation of the present County seat and the particular contract entered into with the Executive respecting the same, and find that the Condition of a Bond entered into by James Fulton the Original Proprietor with the Governor for the erection of a building of certain dimensions therein described, has not been Complied with, but that proposals in writing have been handed to us by Thomas Palmer and David C. Mckinstry, Stipulating on their part to fulfill the Condition of the aforesaid Bond, together with some additional donations for the benefit of the County, more fully set forth in the written proposals of the said Palmer and Mckinstry which accompany the report marked " A."

We have also rec'd a subscription of sundry inhabitants of said County Stipulating to pay the sums severally annexed to their names, for the building of a jail and Court house in said County, provided the County Seat be established at any place between certain points therein designated, which Subscription accompanies this report marked "B."

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of St. Clair County, Michigan, containing an account of its settlement, growth, development and resources, its war record, biographical sketches, the whole preceded by a history of Michigan, Part 49

Author: Publication date: 1883 Publisher: Chicago, A.T. Andreas & Co. Number of Pages: 818

Author:
Publication date: 1883
Publisher: Chicago, A.T. Andreas & Co.
Number of Pages: 818