History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.., Part 29

Author: Western historical company, Chicago. [from old catalog]
Publication date: 1883
Publisher: Chicago, A. T. Andreas & co.
Number of Pages: 814

USA > Michigan > St Clair County > History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.. > Part 29

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In 1762, the famons Indian. Pontiac, called a council of the tribes at La Riviere à l' Ecorse near Detroit, at which council the Ottawas. Chippewas and Pottawatomies, of Grand. Sagi- naw, Clinton, Black and St. Joseph Rivers, were present. together with the Indians of Detroit, and bands of Delawares, Iroquois, Illinois and Senceas. Minavavana, head chief of the Ojib- was, adopted a plan similar to that of Pontiac, and succeeded in destroying the soldiers of the English garrison at Michilimackinac. Pontiac's strategy failed at Detroit.

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HISTORY OF ST. CLAIR COUNTY.

The historian, Bancroft, referring to Detroit and St. Clair districts as they appeared to the settlers of 1763, just previous to Pontiac's military enterprise, says: "Of all the inland settle- ments. Detroit was the largest and most esteemed The deep, majestic river, more than a half mile broad, carrying its vast flood calmly between the straight and well defined banks, im- parted a grandeur to a country whose rising grounds and meadows, plains festooned with pro- litic wild vines, woodlands, brooks and fountains were so mingled together that nothing was left to desire. The climate was mild and the air salubrious. Good land abounded, yielding

maize, wheat and every vegetable. The forests were natural parks stocked with buffalo, deer,

quail, partridge and wild turkey. Water fowl of delicious flavor hovered along its streams, which streams also yielde I to the angler a large quantity of fish, particularly white fish. There every luxury of the table might be enjoyed at the sole expense of labor."

This cheerful region attracted both the barbarian and the child of civilization: the French had so occupied both banks of the river that their numbers were rated as high as 2,500. of whon 500 were liable to and able for military service -representing 300 or 400 French fami. lies. However, an enumeration made in 1764 points out just sufficient white men there to form three military companies; while four years later the consus of the place places the entire popu- lation at 572. The French dwelt on farms which were abont three or four acres wide on the river front, and eighty acres deep.

The fort, then under Mij. Gladwyn, did not vary much from that known in the days of French dominion, Close by, Catharine, the Pocahontas of Detroit, lived. She it was who informed Gladwyn of the intentions of the Indians; she, who related to William Tucker, one of the soldiers at the fort, the story of Pontiac's plot, and made him acquainted with the designs of that Indian chieftain, and to hor is due in full measure, the averting of that terrible doom, which hung so heavily over the English garrison of Detroit, May 6, 1763. The death of Maj Cumpbell at the hands of an Indian, whose uncle had been killed by the English at Michitmackinac, the sixty days' siege, the capture of the English supply convoy, within sight of the fort, and the round of duty imposed upon the soldiers, are all characteristic of that time. William Tucker, one of whose descendants has taken a deep interest in the history of this district, states: "I was a sentinel on the ramparts. catching a few hours' sleep, with my clothes on and a gun by my side, for sixty days and nights," During the last day of July and the 1st of August, 1763, Capt. Dalzell's force was surprised near Maloche' house, and lost seventy men killed and forty wounded.

For some years after this affair, Detroit was free from Indian assaults, treaties of peace were negotiated. and everything resumed that happy stand- ard reached under the French. Now, however, the echoes of the Revolution were heard at Detroit; Maj. Le Noult, a Frenchman in the English service, built Fort le Noult in 1778 in antic- ipation of the American siege, and this name the new fortress bore until 1812. when the name Fort Shelby was conferred upon it. Soon the American General St. Clair, Anthony Wayne, Harmar, and the soldiers of the Revolution came to claim the Northwest Territory as organized by Congress in 1787. The treaty of Greenville negotiated, August, 1795, with the Indians, conveyed Detroit and the entire Northwest to the United States. and one year later, Capt. Por- ter. in command of a company of United States troops, entered Detroit, and placed the stars and stripes and fleur-de-lis where the English fag so recently floated. Previously, the British garrison evacuated the post, after com nitting many acts of the lowest description, and placed it in possession of an old African, with whom the keys were subsequently found.

From this period until 1805, the settlement of Detroit and the lake and river shore grad- nally advanced, which the fire of 1805 did not retard. In 1806, Tecumseh and Ellshwatawa, at the head of the Indian confederacy, threatened Detroit and the settlements along the lake and Riviere aux Hurons, or Clinton, as far north as Mackinac, but the treaty of 1807 between that enigmatical Governor-Hull -and the Ottawas, Chippewas, Pottawatomies and Wyandots, was effective in allaving excitement, and in conferring a spirit of confidence on the settlers.

The war against the British, declared by Congress June 18. 1812, was nufortunate for the Northwest in many respects, as there was nothing iu readiness to meet the well-organized British troops. All this resulted in the scandalous, if not treacherous, surrender of Hull. Gen. Har- rison's command eventually took possession of Detroit: Col. Lewis Cass was commissioned

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HISTORY OF ST. CLAIR COUNTY.

Governor, and under his abte administration, Michigan entered upon that political, social and commercial course which led her to her present greatness.

PRIVATE CLAIMS.

Soon after the organization of the Northwest Territory, the subject of claims to private property therein received much attention. By an act of Congress, approved March 3. 1805. lands lying in the districts of Vincennes. Kaskaskia and Detroit, which were claimed by virtue of French or British grants, legally and fully exeented, or by virtue of grants issued under the authority of any former act of Congress by either of the Governors of the Northwest or In- diana Territory, which had already been surveyed, were, if necessary, to be re-surveyed: and persons claiming lands under these grants were to have until November 1, 1805, to give notice of the same. Commissioners were to be apppointed to examine, and report at the next session of Congress. An act was also passed, approved April 25, 1806, to authorize the granting of patents for lands, according to Goverment surveys that had been made, and to grant donation rights to certain claimants of land in the district of Detroit, and for other purposes. Another act was approved May 11. 1820, reviving the powers of the Commissioners for ascertaining and deciding on claims in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the Territory of Michigan: the Commissioners discharged the duties imposed on them, and in their report to Congress in reference to the claims, they said that the antiquity of settlement being, in their view, sufficiently established, and that they being also satisfied that the Indian title must be considered to have been extinguished, decide favorably on the claims presented. About seventy-five titles were confirmed, and patents for the same were sent to the proper parties by the Government. In relation to the Prairie du Chien titles, they reported "that they met few difficulties in their investigations: that, notwithstanding the high antiquity which may be claimed for the settlement of that place, no one perfect titte founded on French or British grants, legally authenticated, had been successfully made out; and that but few deeds of any sort have been ex- hibited." This they attributed to the carelessness of the Canadians in respect to whatever con- cerned their land titles, and accords with whatever is known in this regard, of the French pop- ulation throughout the country. They therefore came to the conclusion that whatever claims the people of the place possessed, and might have for a confirmation of their land titles, they must be founded upon proof of continned possession since the year 1796. The Commissioners further say, that "since the ancestors of these settlers were ent off, by the treaty which gave the Canadas to the English, from all intercourse with their parent country. the people have been left, until within a few years, quite isolated, almost without any government but their own; and, although the present population of these settlements are natives of the countries which they inhabit, and. consequently, by birth citizens of the Northwest yet, until a few years, they have had as little political connection with its government as their ancestors had with the British. Ignorant of their civil rights, careless of their land titles, docility, habit- ual hospitality, cheerful submission to the requisitions of any government which may be set over them, are their universal characteristics." in reference to grants by the French and En- glish Governments, the Commissioners say they "have not had access to any public ar- chives, by which to ascertain with positive certainty whether either the French or English ever effected a formal extinguishment of the Indian title at many points, which also may be said of the land now covered by the city of Detroit, that the French Government was not aeens- tomed to hold formal treaties for such purposes with the Indians, and when the lands have been actually procured from them, either by virtue of the assumed right of conquest, or by purchase, evidence of such acquisition is rather to be sought in the traditionary history of the country, or in the casual or scanty relations of travelers, than among collections of state papers. Tradition does recognize the fact of the extinguishment of the Indian title by the old French Government, before its surrender to the English: and by the same species of tosti- mony, more positive because more recent, it is established also, that, in the year 1751, Pat- rick Sinclair. Lieutenant Governor of the province of Upper Canada, while the English Gor- ernment had jurisdiction over this country, made a formal purchase from the Indians of the lands comprehending the settIments at St. Clair and in the vicinity of Mackinac.

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HISTORY OF ST. CLAIR COUNTY.

MICHIGAN IN 1805.

From a report made to the Congress of the United States, October 10. 1805, by Judge A .. B. Woodward, and William Hull, Governor up to the period of his treason, a fair idea of Mich . igan Territory of that date may be gleaned. It also deals very clearly with the law of right upon which the private claims were granted.

By the act of the Congress of the United States, establishing the territory, the government thereof was to commence from and after the 30th day of June, 1805. The Presiding Judge arrived at Detroit on Saturday, June 29, and the Governor on July 1, 1805. The Associate Judge, who was previously a resident of the Territory, was already there. July 2, the Gov. ernor administered to the several officers the oaths of office. and on the same day the operation of the government commenced. It was the unfortunate fate of the new government to begin in a scene of the deepest public and private calamity by the conflagration, which destroyed all the buildings of Detroit, June 11, 1805. On the arrival of the new government, a part of the people were found encamped on the public grounds in the vicinity, and the remainder were scattered through the neighboring settlements both on the American and British territory. The place which boro the name Detroit was a spot of about two acres, completely covered with buildings and combustible materials. The narrow intervals of fourteen or fifteen feet used as streets or lanes only excepted, and the whole was environed by a strong net work of piquets. The circumjacent ground, the bank of the river excepted, was a wide common, and though assertions are made regarding the existence among the records of Quebec, of a charter from the King of France confirming the common as an appurtenance to the town, it was either the property of the United States, or at least such as individual claims did not pretend to cover. The folly of attempting to rebuild the town in the original mode was obvious to every mind; yet there existed no authority either in the country or the new government to dispose of the adjacent ground; hence had already arisen a state of dissension which required the interposi- tion of some authority to quiet. Some of the inhabitants, destitute of shelter and hopeless of any prompt arrangements of government, had re-occupied their former ground, and a few buildings had already been erected in the midst of the old ruins. Another portion of the inhabitants had determined to take possession of the adjacent public grounds and to throw themselves on the liberality of the United States Government, either to make them a donation of the ground as a compensation for their sufferings, or to accept a very moderate price for them. If they could have made any arrangements of the various pretensions of individuals, or could have agreed on any plan of a town, they would have soon begun to build: but the want of a civil authority to decide interfering claims or to compel the refractory to submit to the wishes of a majority, had yet prevented them from carrying any particular measure into execution. On the 1st of July, the inhabitants had assembled for the purpose of resolving on some definite mode of pro- cedure. The Judges prevailed on them to defer their intentions for a short time, giving them assurances that the Governor would shortly arrive, and that every arrangement in the power of their domestic government would be made for their relief. On these representations they con- sented to defer their measure for fourteen days. In the evening of the same day, the Governor arrived; it was his first measure to prevent any encroachments being made on the publie lands. The situation of the distressed inhabitants then occupied the attention of the Executive for two or three days. The result of these disenssions was to proceed to lay out a new town, embracing the whole of the old town and the public lands adjacent; to state to the people that nothing in the nature of a title could be given under any authorities then possessed by the new govern- ment; and that the Executive could not be justified in holding out any charitable donations whatever as a compensation for their sufferings; but that every personal exertion should be used to obtain a confirmation of the arrangements about to be made and to obtain the liberal attention of the Government of the United States for their distress. A town was accordingly surveyed and laid out, and the want of authority to impart any regular title without the sub- sequent sanetion of Congress being first impressed and clearly understood, the lots were ex- posed for sale under that condition. Where the purchaser of a lot was a proprietor in the old town, he was at liberty to extinguish title to former property for his new acquisition, foot for foot, and was expected to pay only for the surplus at the rate expressed in his bid. A consider-

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HISTORY OF ST. CLAIR COUNTY.

able portion of the inhabitants were only tenants in the old town- there being no means of ac- quiring any new titles. The sale, of course, could not be contined merely to former proprio- tors; but as far as possible was confined to former inhabitants. After the sale of a considera- ble part by auction, the remainder was disposed of by private contract, deducting from the pre- vious sales the basis of the terms. As soon as the necessities of the immediate inhabitants were accommodated, the sales were entirely stopped until the pleasure of the government could be consulted. As no title could be made, no payments were required or any moneys permitted to be received until the expiration of one year. to afford time for Congress to interpose. The

remaining part was stipulated to be paid in four successive annual installments. The highest sum resulting from the bids was seven cents for a square foot, and the whole averaged at least four cents. In this way the inhabitants were fully satisfied to commence their buildings, and the pretensions of all individuals were immediately reconciled. The validity of any of the titles was not taken into view. The possession under the titles was alone regarded. and the validity of title left to wait the issue of 'such measures as Congress might adopt relative to land titles in the new Territory. It, therefore, now remained for the Congress of the United States either to refuse the sanction of the arrangement made, or by imparting a regular author- ity to make it, or by some other mode to relieve the inhabitants from the immediate distress occasioned by the calamitous conflagration, strongly impressed with the worth of the people, and deeply commiserating their sufferings, of a great part of which they were eye witnesses, the officers of their local government could not refrain from adding their warmest degree of recommendation to forward the liberality the Congress of the United States inclined to ex- tend, and the disposition, which prevailed toward attaching their affections, promoting their interests and relieving their distress. "Whether," says the report, "a donation of the acquisitions which have been stated, or of lands more remote, or the application of the pro- coeds to public pm poses within the country would be most acceptable, the undersigned pre- tend not to say: but whatever relief may be extended to them on the part of the United States Government, they hesitate not to assert will be of the most essential utility, and rendered to objects of real merit."

The organization of the courts next demanded consideration. A judicial system was estab- lished on principles of convenience, economy and simplicity. Courts were held under it and all existing business settled: every subject requiring to be legislated upon, was acted upon as far as the goverment was competent to act. At the close of the other arrrangements, the militia of the Territory were completely organized and brought into the field. The various acts both of legislative and executive character appear in the annual report, which the gen- eral law requires. Grand juries constantly presented addresses to the courts on the subject of their land titles. Several companies of militia elected delegates to a general meeting, which, among other objects, addressed the government on the subject of their titles, and earnestly ro- quested the personal attention of the Governor and one of the Judges during a part of the ses- sion of Congress. "Indeed," continues the report. "the confused situation of land titles dur- ing the nine or ten years the United States have had possession of the county, has been such, and is so increasing by lapse of time, as now loudly to call for a definite adjustment. It is now nearly a century and a half since the first settlements were made in this country under the French, in the reign of Louis XIV, whose name it then bore in common with what has since been exclusively termed Louisiana."

In 1673, an officer commissioned by the French Government explored the waters of the West; taking his departure from Lake Michigan, he penetrated to the Onisconsin River and subsequently to the Mississippi, and returned to the Illinois country, after having sailed down the Mississippi within one degree of latitude of the southern boundary of the United States previous to the late treaty of Paris. April, 1803, and that anterior to the discovery of the mouth of the Mississippi by La Salle. Prior to this era, the settlements of the straits had commenced, and Detroit elaims an antiquity of fifteen years superior to the city of Philadelphia. The few ti- tles granted by the French Government were of three french acres in front on the bank of the river by forty acres in depth, subject to the fendal and seignoral conditions which usually marked titles in France. The ancient code, the coutume de Paris, was the established law of

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HISTORY OF ST. CLAIR COUNTY.

the country, and the rights of land were made strictly conformable to it. All these grants, however, required the grantee within a limited period to obtain a confirmation from the King, and with the exception of a very few, this confirmation had never been made. On the conquest of the French possessions by Great Britain, in the war which terminated by the treaty of Paris in the year 1763, as well as in the original articles of capitulation in 1759 and 1760. as in the subsequent treaty itself, the property of the inhabitants of the country is confirmed to them. The expression in the original is leurs biens, nobles et ignobles, meuble et immeuble; it is therefore conceived to comprehend these lands. On the acquisition of the United States of America of that portion of Canada, which is now comprehended within the limits of the territory of Michigan by the treaty of Paris, 1783, the subjects of his Britannic majesty are secured from loss or damage in person, liberty or property. and in the treaty of London. November, 1794. they are still more particularly confirmed in their property of every kind. However defective, therefore, the class of original proprietors may be with respect to the evi- dence of title, according to the American forms, it is conceived their rights are extremely strong. The British Government granted few titles, and these were generally mere permissions of military officers to use or occupy certain pieces of land. often unaccompanied with any writ- ten evidences, but assuming, from long-continued possession, an appearance of right. Under the American Government, no titles of any kind have been granted. From this state of things, some consequences resulted which, if not difficult to foresee, were vet difficult to remedy. One of these consequences, and perhaps not the least important, is the effect it had on the destiny and moral character of the progeny of the original colonist. When it is remembered that the troops of Louis XIV eame without women, the description of persons constituting the sec- ond generation will not be difficult to conceive. When it is considered at the same time that, destitute of titles to land, they were precluded from the means of acquiring them, it will be obvious that an entrance into the savage societies or at most employments in the commerce carried on with them, were their only resources. While, therefore, the American colonizations of the same and subsequent date had grown into regular agricultural and opulent States, these countries were destined to anarchy, to ignorance, to poverty. The immigrant, whom curiosity or enterprise at any time brought into the country, was either attracted to the British side of it or disappeared in some mode less easy to account for; accession by a foreign popula- tion and by a natural inerease, being thus at once cut off, the fate of this fine region had been that insignificance which still belongs to it. "The British Government," says Judge Woodward, has confirmed original proprietors, made a donation of a quantity equal to the original grant, termed a continuation. and has granted lands to settlers. without any other price than com- mon fees of office attending such acquisition. Such, however, is the inestimable value of lib- orty to man, that notwithstanding these, and if possible greater inducements to the settlers, the un- dersigned ventured to predict a marked superiority to the American side, even at the prices at present required by the United States Government, or a slight variation of them, if the old elaims are at once adjusted, and the country laid open to the acquisition of new title.

" From the state of the country which has been represented, another consequence has re- sulted. The eneroachments in some instances grafted on original titles and in others without a semblance of title have been made on lands, which are, or ought to be, the property of the United States. Individuals have proceeded to extinguish the native right, contrary to the reg- ulation of all the governments, and in some instances extensive settlements have been made on titles thus acquired. What arrangements the United States will make on this land is not for us to anticipate; we shall only recommend a liberal and merciful disposition to the people of this country, of whom it may be safely asserted they are less to be charged with depravity of character than their governments have been with ernel neglect and indifference.

" The claims of the present inhabitants require to be considered under one more aspect, novel. indeed, but not the less founded on truth. When the American comes into contact with the aboriginal, if he is not considered as an enemy, he is at least regarded as a character with whom they are to struggle, and, if in no other, certainly in a pecuniary view. But the Canadian, allied by blood, by long established intercourse, by countless reciprocity of services, their native claims having long, as to time, been extinguished, and their honor and good faith

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History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.., Part 29

Author: Western historical company, Chicago. [from old catalog] Publication date: 1883 Publisher: Chicago, A. T. Andreas & co. Number of Pages: 814

Author: Western historical company, Chicago. [from old catalog]
Publication date: 1883
Publisher: Chicago, A. T. Andreas & co.
Number of Pages: 814