USA > Michigan > Washtenaw County > History of Washtenaw County, Michigan : together with sketches of its cities, villages and townships...and biographies of representative citizens : history of Michigan > Part 21
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We have the honor to be, sir, your obedient servants,
HENRY DISBROW, NATHAN HUBBLE.
I coincide in the above. H. SMITH.
MONROE, Sept. 10, 1836.
It will thus be seen the Convention rejected the proposition of Congress for good and sufficient reasons.
SECOND CONVENTION.
Many of the people of the State were dissatisfied with the action of the Convention held in September, and a call was accordingly issned for a delegate Convention to be held at Ann Arbor, Dec. 14, 1836, to again consider the question of giving assent to the proposition of Congress. This Convention was accordingly held the date mentioned, Washtenaw county being represented by Nel- son H. Wing, Salmon Champion, Jr., Nathaniel Noble, Lyman Downer, James Huston, Esek Pray, George W. Jewett, Solomon Southerland, Samuel Denton, Samuel B. Bradley, Elisha Congdon, Stoddard W. Twitchell, Jesse Warner.
Hon. Edward Mundy, of Ann Arbor, Lieutenant-Governor, and Hon. William A. Fletcher, Chief Justice, were invited to take seats within the bar of the Convention. The clergy of Ann Arbor were invited to attend and open the Convention with prayer.
John R. Williams was elected President of the Convention, and, upon taking his seat, returned thanks for the honor conferred, and then said: "The period has arrived when we can no longer post- pone efficient measures to secure to our rising political star of the confederacy those advantages inseparable from, and to be obtained only by, our admission into the Union. I cannot doubt but that our proceedings will readily and permanently secure to the people of
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the State those positive advantages which can be secured to them in no manner so effectually as by our admission into the Union. Our country, and the district we inhabit, is eminently calcu- lated to sustain a dense population; our climate, our soil, our navigable and commercial advantages, are unrivaled by any other State in the Union. Much depends upon our exertions and the wisdom of our councils to unfold, accelerate, and perpetuate those advantages."
Preambles and resolutions were offered by Mr. Wilkins, of Wayne; Mr. Bridges, of Cass; and Mr. Morey, of Lenawee. Each of these set forth in substance that the people of the State gave assent to the conditions imposed by Congress for the admission of the State, while at the same time protesting against Congress pre- scribing such conditions. The resolutions were referred to a com- mittee, which reported, setting forth the conditions and boundary lines fixed by Congress, argued the legality of the acts of this Con- vention, protested against Congress making conditions preliminary to the admission of the State as unconstitutional, but believing the interest and prosperity of the State would be advanced by immedi- ate admission into the Union, and feeling solicitous to give to sister States and the world unequivocal proof of a desire to promote tran- quillity and harmony in the Union, and to perpetuate the unity, lib- erty and prosperity of the country; therefore, the following resolu- tion was passed:
"Resolved, By the people of Michigan, in Convention assembled, that the assent required, in the foregoing recited act, of the Con- ress of the United States, is hereby given."
A letter was also prepared, addressed to the President of the United States, setting forth the state of affairs in the Territory of Michigan, the manner of the call, and the election of delegates to the Convention, showing that all the acts had been in accordance with the acts of Congress, and asking admission at once to the Union.
The Convention passed a resolution fixing the allowance to members of the Convention, and authorizing the fiscal agent to audit and pay all expenses of the Convention, including the pay and mileage of the members, and to present to the next session of the Legislature an account of the moneys disbursed by him.
After authorizing the publication of the proceedings in pam- phlet form, and returning the thanks of the Convention to the President for the able manner in which he discharged his duties, the Convention adjourned sine die.
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CHAPTER VIII.
COURTS AND BAR OF WASHTENAW COUNTY.
The first law ever formulated was that by the Almighty when he placed Adam and Eve in the garden of Eden, and commanded that they should not eat of the fruit of the tree of knowledge of good and evil under penalty of death. The law was violated, the sin of Adam's transgression entailed upon the human race, and the pro- mulgation of other laws was readered necessary. As a natural consequence, courts of justice became a necessity. These courts have been changed from time to time by the law-making powers, as thought would best subserve the interest of the people.
COUNTY COURT.
The first court established in Washtenaw county was that known as the county court. Its first session was held at the house of Erastus Priest, in the village of Ann Arbor, the third Monday in January, 1827, in conformity to an act of the Territorial council, establishing the time and place for holding court in this county. Hon. Samnel W. Dexter, Chief Justice, and Hon. Oliver Whitmore, Associate, appeared and constituted said court. David E. Lord was the clerk.
The following named answered to the call, and were sworn as the first grand jury in Washtenaw county: Thomas Lacrider, Willard Hall, Jonathan Kirk. John Dix, Jonathan Ely, Josiah Rosecrans, Luke H. Whitmore, Henry Himmel, Anthony Case, C. Osterhout, David Hardy, Isaac Hull, Samuel Camp, Alva Brown, Roswell Britton, Levi Hiscock, Joseph H. Peck, Andrew McInster, Rufus Pomeroy, Levi B. Pratt, Jason Cross, E. W. Rumsey.
The records of the clerk of the court state that " an appropriate charge was delivered to the jury, suitable to the occasion, by the chief justice."
O. D. Richardson was appointed by the court Prosecuting Attorney pro tem. in the absence of B. F. H. Witherell, the regu- lar prosecutor.
The first business transacted was the application of Nathan Thomas, John Allen and Jason Cross, for license to retail " strong or spirituous liquors," which ended the proceedings of the court for that day.
On Tuesday morning, on the assembling of the court, "Joseph W. Tong, O. D Richardson and B. F. H. Witherell came forward and took the oath as attorneys and counsellors-at-law, in conformity to the rules of the court."
(220)
Bethuel Francand
FIRST PROBATE JUDGE OF WASHTENAW COUNTY Died qui !! 1952 THE 69!"
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HISTORY OF WASHTENAW COUNTY.
The venire issued to the sheriff for a petit jury was returned, and the following named persons answered to the call: Jonathan Train, Isaac Sims, Wm. Edy, Joseph Mayo, Thomas Chambers, Alexander Laverty, George W. Allen, Eldridge Gee, Isaac Powers, Samuel Higgins, J. W. Bird, James Pooling.
Mr. Witherell made a motion in favor of the admission of Elisha Belcher as an attorney and counsellor at this court, and after dis- cussion, it was decided that he was not eligible. The next proceed- ings are thus recorded by the clerk :
" John Allen made application through his attorney for a license to keep tavern. The court being satisfied that said tavern was necessary for the accommodation of travelers, ordered a license to be issued, Cyrus Beckwith and Martin Davis having entered into a recognizance with him.
" By order of the court, Nathan Thomas was permitted to receive a tavern license, James Pulling and Isaac Powers having entered recognizance with him.
" Also, by order of the court, Benjamin J. Woodruff was per- mitted to receive a tavern license, Wm. Edy and Isaac Sims having entered into a recognizance with him.
" The following persons came forward and were sworn as wit- nesses to go before the grand jury: Martin Davis, Samuel Camp, David Hardy, A. H. Reading, Samuel Higgins, Elisha Belcher, Erastus Priest, Wm. Thrall, H. J. Burnham and Enos Tichenor."
A bill of indictment was found against Erastus Priest by the grand jury, for selling liquor in less quantities than one quart, with- out license therefor. The indictment was in the name of the United States. The court at once proceeded to try the case, the regular panel being accepted. B. F. H. Witherell appeared for the people and O. D. Richardson for the defendant. The following is the indictment:
Michigan Territory, County Court of the County of Washtenaw.
At the January term in the year of our Lord one thousand eight hundred and twenty-seven, the Grand Jurors of the United States of America, enquiring in and for the body of the county of Washtenaw, aforesaid, upon their oaths present that Erastus Priest, late of the county of Washtenaw, aforesaid, yeoman, on the first day of January, in the year of our Lord one thousand eight hundred and twenty-seven, at Ann Arbor, in the county and Territory aforesaid, and within the jurisdiction of the County Court of the county of Washtenaw, aforesaid, did then and there sell for money, rum and wine by less quantity than one quart; he, the said Erastus Priest, then and there not having a license or permit to keep a tavern, against the peace and dignity of the United States of America, and against the Statute of the Territory of Michigan in such cases made and provided.
B. F. H. WITHERELL, District Attorney,
Nicholas Mallet, Alva Brown, Samuel Camp, Martin Davis, Asa H. Reading, Elisha Belcher and Enos Tichenor were witnesses on the part of the United States, and David Brown witness for defend- ant. The clerk in his record adds: "The case was advocated ably by the respective attorneys. The jury retired about two hours, and
14
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HISTORY OF WASHTENAW COUNTY.
returned into court and said severally that the defendant was not guilty. A motion was made by the plantiff's attorney that the prisoner be discharged; accordingly the motion prevailed and he was discharged."
This was the only case tried at this term of court. The only other business transacted was action on the application of Rev. Will- iam Page for a license to celebrate the rites of matrimony. The court, being satisfied the credentials of Mr. Page were proper, granted the license.
CIRCUIT COURT.
The Circuit Court of the county of Washtenaw-a court estab. lished by an act of the Legislative Council of the Territory, approved April 13, 1827, and presided over by one of the judges of the Supreme Court of the Territory, held its first session in the county in November, 1829. It was presided over by Hon. William Wood- bridge. Its last session appears by the record to have been held in June, 1833.
By an act of the Legislative Council, approved April 15, 1833, the judges of the Supreme Court were relieved from holding the Circuit Courts, and a circuit judge appointed for that purpose. Hon. Willian A. Fletcher was appointed to this office, and held the Circuit Courts here from 1833 until the Territorial Courts were superseded by the judicial tribunals organized under the State Constitution. The same act, however, retained the old Circuit Court organization, but changed its name to that of the Superior Circuit Court of the Territory of Michigan, and confined its juris- diction mainly to the decisions of questions of law. This court continued to hold its sessions in this county until the Territorial government ceased.
The first court held in the county after the organization of the State government, was the Circuit Court for the county of Wash- tenaw. The Circuit Courts of the several counties in the State were, by statute, required to be held by one of the judges of the Supreme Court of the State, and to the circuit embracing Washtenaw, with several other counties, Hon. Wm. A Fletcher, who had been appointed Chief Justice of the Supreme Bench, was assigned as Presiding Judge. The first term of said court commenced here November 8, 1836, and Judge Fletcher continued to hold its terms until 1842, when he resigned the office. He was succeeded as Presiding Judge of this court by IIon. Alpheus Felch, who held his first term in the county in 1842, and continued to hold the terms until his resignation in November, 1845.
Judge Felch was succeeded by Hon. Warner Wing, who was appointed in November, 1845, and held the December term of the court in that year, but was soon after assigned to another circuit, and was succeeded in the Washtenaw circuit by Hon. George Miles, who was appointed in October, 1846, and held his first term
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here in December, 1846. He held the office until his death. He was succeeded by Hon. David Johnson, who held the courts here, under his appointment as Judge of the Supreme Court, until the adoption of the new Constitution of 1850, and the organization of the courts as therein provided.
The judges under the State organization who have been named, were all judges of the Supreme Court of the State, but under the provisions of the Constitution of 1850, and subsequent legislative action, the judges of the Circuit Courts were elected in the several counties comprising the circuit, to act as circuit judges only, and were not members of the Supreme Court of the State.
Hon. David Johnson was the first elected to the office, and con- tinned to hold the Circuit Courts for this county until the expiration of his term. His successor was Hon. Edwin Lawrence, who held the office from 1857 to 1869, when he was succeeded by Hon. Sam- uel Higby. Judge Higby held the terms until 1874, when he resigned, and Hon. Alexander D. Crane was appointed to fill the vacancy. He continued until 1876, when Hon. George M. Huntington was elected, and still continues to preside.
SUPREME COURT.
In addition to the courts already named, sessions of the Supreme Court were held here annually, until the statute requiring it was repealed and the sessions discontinued. These terms were held by Hon. George Morrell, Chief Justice, and Justices Epaphroditus Ransom, Charles W. Whipple and Alpheus Felch.
CHANCERY COURT.
An independent Court of Chancery was established in 1836, and sessions were held in this county until the court was discontinued in 1847. Hon. Elon Farnsworth was the first Chancellor, but resigned in March, 1842, and Hon. Randolph Manning was appointed in his place.
DISTRICT COURT.
A court denominated the District Court of the county of Wash- tenaw was organized under the act of the Legislature, and Hon. Benjamin F. H. Witherell appointed Judge. He held the first term of this court in Washtenaw county, in April, 1843, and the last in March, 1846, when the court was discontinued by act of the Legislature.
COUNTY COURTS.
By an act of the Legislature, approved May 18, 1846, County Courts were established in the several counties throughout the State, but the act was soon afterward repealed. Under this act,
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HISTORY OF WASHTENAW COUNTY.
Hon. Charles W. Lane was elected County Judge for Washtenaw county, and held the office until his death. Hon. Edwin Lawrence was his successor, and held the terms of the court until it ceased to exist.
PROBATE COURT.
The Probate Court of the county of Washtenaw has existed from the first organization of the county. The judges of probate who have presided in this court are as follows:
Bethuel Farrand, first judge of probate, was appointed in 1827, and held the first term of court April 5 of the same year.
James Kingsley, elected in 1828 and re-elected in 1832, serving two terms.
Robert S. Wilson, elected in 1836.
George Sedgwick, elected in 1840.
Samuel P. Fuller, elected in 1844. Died before the expiration
of his term.
** Elias M. Skinner, appointed to fill the vacancy caused by the death of Judge Fuller.
Churchill H. Van Cleve, elected in 1848.
Chauncey Joslyn, elected in 1852.
B. F. Granger, elected in 1856.
Thomas Ninde, elected in 1860.
Hiram J. Beakes, elected in 1864, and re-elected in 1868.
Noah W. Cheever, elected in 1872.
William D. Harriman, elected in 1876, and re-elected in 1880.
THE BAR OF THE PAST.
The Bar of Washtenaw county has ever been a subject of pride among her citizens. Some of the best legal minds, fairest logi- cians and finest orators of the age have practiced before her courts, many of whom have claimed a residence in the county. In review- ing the history of the Bar it must be borne in mind that as the prosperity and well-being of every community depends upon the wise interpretation, as well as upon the judicious framing of its laws, it must follow that a record of the members of the Bar, to whom these matters are generally relegated, must form no unimportant chapter in the county's history. Upon a few princi- ples of natural justice is erected the whole superstructure of civil law tending to relieve the wants and meet the desires of all alike. Where so many interests and counter interests are to be protected and adjusted, to the judiciary is presented many interesting and complex problems. But change is everywhere imminent. The laws of yesterday do not meet the wants and necessities of the people of to-day, for the old relations do not exist. New and satis- factory laws must be established. The discoveries in the arts and sciences, the inventions of new contrivances for labor, the enlarge- ment of industrial pursuits, and the increase and development of
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HISTORY OF WASHTENAW COUNTY.
commerce are without precedence, and the science of law must keep pace with them all; nay, it must even forecast events and so frame its laws as will most adequately subserve the wants and pro- vide for the necessities of the new conditions. Hence the lawyer is a man of the day. The exigencies he must meet are those of his own time. His capital is his ability and individuality. He cannot bequeath to his successors the characteristics that distinguished him, and at his going the very evidences of his work disappear. In compiling a history of the Bar one is astonished at the small amount of material for a memoir of those who have been so inti- mately connected with and who exerted such influence upon the county's welfare and progress. The peculiarities and personalities, which form so pleasing and interesting a part of the lives of the members of the Bar, and which constitute the charm of local his- tory, are altogether wanting. Unlike the fair plaintiff in Bardell vs. Pickwick, there has been no painstaking sergeant to relate "the facts and circumstances of the case." The court records furnish the facts of the existence of each individual member of the Bar, but the circumstances surrounding and giving interest to the events of his life and work are wanting.
The great prominence in history occupied by the Bar of Wash- tenaw county is well known and universally acknowledged. The names of Kingsley, Mundy, Fletcher, Miles, Wilcoxen, Hawkins, Skinner, Fields, Danforth, Douglass, Walker, Sedgwick and others will always reflect credit upon the Bar of this county.
Elisha Belcher came to the county in 1825, and practiced law in its courts for six or seven years, when he went further west. He was not considered a brilliant lawyer. He was the first attorney in the county.
James Kingsley came to Ann Arbor in 1826. He was a fine speaker, good advocate and an honest man. The name of " Honest Jim " was worthily bestowed. See sketch in chapter XI.
Gideon Wilcoxen came from Elbridge, New York, in 1827. He was a man of fine presence, an honest man, and considered the best attorney in the county at an early day. Before a jury he was almost irresistible.
Marcus Lane was another attorney of 1827, who settled in Ann Arbor, but afterward moved to Ypsilanti. Mr. Lane served in the Legislature and was a member of the convention of assent to the new boundary line of the State.
Geo. W. Jewett was from the State of Ohio, and settled in this county in 1829. His practice was not very extensive; and as a Justice of the Peace he attained more distinction than as an attor- ney. He died in 1840.
Olney Hawkins came to Ann Arbor in 1832, from Detroit, where he studied law with Judge Witherell. He was a man of fine legal abilities, and a man of influence in the community. See sketch in chapter XI.
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HISTORY OF WASHTENAW COUNTY.
John Allen studied law with Judge Kingsley and was admitted to the Bar in 1832. He is well known as the first settler in Ann Arbor. When the California gold fever broke out, he emigrated to that "land of promise," and there died.
Calvin Smith was also a student under Judge Kingsley, and was admitted to the Bar in 1832. After being admitted to the Bar he removed to Dexter, where he practiced his profession and served as Justice of the Peace. In 1838 he was elected a member of the Legislature, but died before taking his seat.
Elias M. Skinner was the first attorney in Ypsilanti, and settled there in 1825. He was a good attorney, an honorable man, and was Prosecuting Attorney some years. He died in Ypsilanti.
Jonathan E. Fields was from Massachusetts, and was a brother of Judge Fields, of the United States Supreme Court. He settled in Ann Arbor in 1833, where he practiced his profession a few years and then returned to his native State. He was an excellent lawyer.
Norton R. Ramsdell was a New York man who removed to Ann Arbor in 1835. In his native State he was a licensed .exhorter in the Methodist Episcopal Church, but concluding he was better adapted to the law than the ministry, he pursued a course of study, was admitted to the Bar, and came West to practice. He was re- garded by his colleagues, as well as the community, as a good lawyer, one who excelled as an advocate. He died in Ann Arbor.
Robert Wilson came from Allegany county, New York, in 1835. He was a man of ability, and knew how to influence a jury. He was Judge of Probate in this county one term. In 1855 he removed to Chicago and afterward served many years as one of the Police Justices of the city .
George Miles was also from Allegany county, New York, and came to Ann Arbor about the same time. He was a lawyer of more than ordinary ability, well posted in every department of law. and died here in 1850, as one of the Judges of the Supreme Court.
George Sedgwick came to Ann Arbor about the year 1835. He was a good lawyer and served as Judge of Probate in this county one term. He removed to Chicago in 186-, and died there some years after.
James M. Walker studied law with Judge Miles and was admit- ted to the Bar in 1847. After practicing his profession for some years in Ann Arbor, he removed to Chicago, where he occupied a leading position as an attorney. He died January, 1857.
Samuel T. Douglass was a resident of Ann Arbor and a member of the Washtenaw county Bar two years. Leaving Ann Arbor, he went to Detroit, and has since become one of the most noted law- yers in the State. After leaving, he often returned to try some im- portant case in the courts of the county.
Justus Goodwin was a lawyer of some merit, practiced in the courts of this county at an early day. Was a member of the Legis. lature one term.
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HISTORY OF WASHTENAW COUNTY.
George Danforth came to Ann Arbor about the year 1835. His practice was not very extensive, but he was a man full of wit and managed to keep all about him in good humor. He died here about the year 1856.
Origen Richardson was admitted to the Bar at Ann Arbor. He removed to an adjoining county, but often returned and attended cases in the courts of this county. He has been Lieutenant-Gov- ernor of the State.
Among other members of the early Bar were Sylvester Abel, an excellent man, of fair abilities as a lawyer, and who was honored with many public offices. Richard G. De Puy, a young man of good legal ability, an excellent advocate, and a loyal man, who gave his life for his country in the war of the Rebellion. Daniel S. Twitchell, a graduate of the University, and a man of more than ordinany ability; Claudius B. Grant, a highly educated man of splendid ability, and who has been honored with many offices; John I. Thompson, an ex-postmaster of Ann Arbor, and a successful attorney of Milwaukee; Norman E. Welch, A. V. McAlvy, Oliver Moore, Richard Beahan, Calvin H. Chase, Caleb Clark, Edwin E. Clark, Thomas C. Cutler. Edwin W. Lawrence, Donald McIntyre, Ezra C. Seaman, John L. Tappan, C. H. Van Cleve, A. D. Stephens, M. D. Howard, George M. Danforth, Homer H. Finley, William S. Palmer, H. W. Stevenson, John N. Lucas, J. M. Martin, John C. Greening, Sibley G. Taylor, Edwin Thompson, Edward L. May- nard, T. J. McDonnell, Charles D. Coleman, Erastus Thatcher, George Cummin, John W. Young, L. D. Godfrey, E. P. Pitkin, Robert P. Sinclair, B. T. O. Clark, Charles Holmes, Jr., Charles M. Woodruff, John Carpenter, P. M. Eaton, Seth E. Engle, D. O. Church, George Skinner, Walter A. Bugbee, Charles W. Lane, George Fuller, Thomas H. Marsh, Thomas L. Humphreyville, Ed- ward Mundy, Calvin Townsend, Levi Townsend, Isaac A. Holbrook, Julius C. Smith, Edward R. Chase, Edward Slawson, Grove Spen- cer, Amos W. Blodgett and Edwin F. Uhl.
THE PRESENT BAR.
All that has been said of the Bar of the past can with equal propriety be said of the present. It now numbers among its mem- bers some of the best legal minds in the State, and, as a whole, will rank with any county of its size in Michigan. The oldest member of the Bar in this county is Elijah W. Morgan, who came here in 1829, and was admitted to practice in the courts in 1832. Mr. Morgan is a well-read man, of sound judgment, and is authority in all cases affecting the titles of lands. He has always given attention to real estate business. The following are the names of the attor- neys doing business in this county, together with their place of residence:
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