USA > Michigan > St Clair County > History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.. > Part 48
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HISTORY OF ST. CLAIR COUNTY.
ORGANIC HISTORY.
PREVIOUS to the formation of the Northwestern Territory, the country within its bounds was claimed by several of the Eastern States, on the ground that it was within the limits indicated by their charters from the English Crown. In answer to the wishes of the Government and people, these States in a patriotic spirit surrendered their claims to this extensive territory, that it might constitute a common fund to aid in the payment of the National debt. To prepare the way for this cession, a law had been passed in October. 1780, that the territory so to be ceded should be disposed of for the common benefit of the whole Union; that the States erected therein should be of suitable extent, not less than one hundred nor more than one hundred and fifty miles square; and that any expenses that might be incurred in recovering the posts then in the hands of the British should be reimbursed. New York released her claims to Congress March 1, 1781; Virginia, March 1, 1784; Massachusetts. April 19, 1785, and Connecticut, September 4, 1786. Under the French and British dominion, the points ocenpied on the eastern boundary of what is now the State of Michigan were considered a part of New France, or Canada. Detroit was known to the French as Fort Pontebar- train. The military commandant, under both Governments, exercised a civil jurisdiction over the settlements surrounding their posts. In 1796, when the British garrisons at Detroit and Mackinac were replaced by detachments by Gen. Wayne, Michigan became a part of the Northwestern Terri- tory and was organized as the county of Wayne, entitled to one Representative in the General As- sembly, held at Chillicothe. In 1800, Indiana was made a separate Territory, embracing all the country west of the present State of Ohio, and of an extension of the western line of that State due north to the territorial limits of the United States. In 1802, the Peninsula was annexed to the Territory of Indiana, and, in 1805, Michigan began a separate existence. That part of the Terri- tory that lies east of a north and south line through the middle of Lake Michigan was formed into a distinct goverment, and the provisions of the ordinance of 1787 continued to regulate it. Under this constitution, the executive power was vested in a Governor, the judicial in three Judges, and the legislative in both united; the officers were appointed by the General Government. and their legislative authority was restricted to the adoption of laws from the codes of the several States. This form of government was to continue until the Territory should contain 5.000 free white males of full age. It then became optional with the people to choose a legislative body, to be supported by them; but subsequent legislation by Congress more liberally provided a Legisla- ture at the expense of the General Government, and also added to privileges in the elective fran- chise and eligibility to office; as, for example, under the ordinance a freehold qualitication was re- quired, both on the part of the elector and the elected.
The first officers of the Territory of Michigan were William Hull. Governor; Augustus B. Woodward, Chief Judge; Frederick Bates, Sr., Assistant Judge and Treasurer; John Gritlin, As- sistant Judge; Col. James May, Marshal; Abijah Hull, Surveyor; Peter Andrain, Clerk of the Leg- islative Board. May 5, 1807, Joseph Watson was appointed Legislative Secretary; in November, 1806, Elijah Brush was appointed Treasurer, to succeed Mr. Bates, and the books of the office were delivered over on the 26th of that month: and William McDowell Scott was appointed Marshal in November, 1806, to succeed Col. May. The latter never hekl the office of Judge of the Territory, but about 1800 to 1803, he was Chief Justice of the Court of Common Pleas. Augustus Brevoort Woodward was a native of Virginia; was appointed a Judge of the Territory in 1805, his term of office expiring February 1, 1824. Ile was soon afterward appointed Judge of the Territory of Florida, and three years after that he died. The grand scheme of "Catholepistemiad," or State University of Michigan, with its numerous departments described under sesquipedalian names from the Greek, owed its origin to Judge Woodward. John Griffin was appointed Assistant Judge in 1807; his term of office expiring February 1. 1821, when he was re-appointed for four years, and, February 1, 1828, he was appointed Territorial Secretary.
When, in 1818, Ilinois was admitted into the Union, all the territory lying north of that State and of ludiana was annexed to Michigan. In 1819, the Territory was authorized to elect a dele-
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HISTORY OF ST. CLAIR COUNTY.
gate to Congress, according to the present usage with reference to Territories; previous to this time, according to the ordinance of 1787, a Territory was not entitled to a delegate until it entered upon the "second grade of government." and the delegate was then to be chosen by the General Assembly.
In 1823. Congress abolished the legislative power of the Governor and Judges, and granted more enlarged ones to a council, to be composed of nine persons selected by the President of the United States from eighteen chosen by the electors of the Territory; and by this law, also, eligibili- ty to ollice was made co-existent with the right of suffrage as established by the act of 1819; also the judicial term of office was limited to four years. In 1825, all county offices, except those of a judicial nature, were made elective, and the appointments which remained in the hands of the ex - ecutive were made subject to the approval of the legislative council. In 1827, the electors were authorized to choose a number of persons for the legislative council, which was empowered to en- act all laws not inconsistent with the ordinance of 1787. Their acts, however, were subject to abol-
ishment by Congress, and to veto by the Territorial executives. When Gen. William Hull arrived at Detroit to assume his official duties as Governor, he found the town in ruins, it having been de- stroved by fire. Whether it had been burned by design or accident was not known. The inhabit- ants were without food and shelter, camping in the open fields; still they were not discouraged, and soon commenced rebuilding their houses on the same site. Congress, also, kindly granted the sufferers the site of the old town of Detroit and 10,000 acres of land adjoining. A Territorial militia was organized, and a code of laws was adopted similar to those of the original State. This code was signed by Gov. Hull, Augustus B. Woodward and Frederick Bates, Judges of the Territory, and was called the "Woodward Code."
At this time, the bounds of the Territory embraced all the country on the American side of the Detroit River, east of the north and south line through the center of Lake Michigan. The Indian land claims had been partially extinguished previous to this period. By the treaty of Fort Melntosh, in 1785, and that of Fort Harmar in 1787, extensive cessions had been either made or confirmed, and, in ISOT, the Indian titles to several tracts became entirely extinct. Settlements having been made under the French and English Governments, with irregularity or absence of definite surveys and records, some confusion sprang up in regard to the titles of valuable tracts Accordingly. Congress established a Board of Commissioners to examine and settle these conflict- ing claims, and, in 1807. another act was passed. confirming, to a certain extent, the titles of all such as had been in possession of the lands then occupied by them from the year 1796, the year of the final evacuations by the British garrisons. Other aets were subsequently passed, extending the same conditions to settlements on the upper lakes.
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 .. 1422, at 3 o'clock P. M
JOHN THORN. Requter.
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, Governo's
21
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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 : Northiwardly 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 northiwardly 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, wite 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 canseth 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. SMITHI, 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
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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 sail line southwardly to a point in Lake St. Clair due cast 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, Con mis- 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 atlived, 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 officer -. 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 Le Roy 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 Prace; February 9. Daniel Leroy. Justice of the Peace: Francis Labadie, Justice of the Peace: John K. Smith, Justice of the Peace: JJune 22 John Connor and John B. Petit. Commissioners, AAugust 13. James Robinson, Constable; Benoit Tremble, Supervisor of Harrison: November 3. Daniel Le Roy, 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, hearing date the 28th day of March. 1820. have requested that the same should be organized :
Nome, there fore, I do, by virtue of the provisions of the ordinance of Congress, of July 13, 1787, determine the limitation of said aet 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. Ihave caused these letters to be made patent, and the great seal of the said Terri tory to be hereunto atlixed. Done at the city of Detroit, this Sth day of May. A D 1821, and of the inde- pendence of the United States the forty- lifth. LEWIS C'ASS. 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 effeet until the arrival of a period when its population may require such a measure:
No, 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. 1152. 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 If cast ; thener north to the northeast corner of Township I in the same range: thence west to the county of Oakland : thence north to the northeast corner of Township f north, and Range Il cast : thence west to the Indian boundary line, as established by the treaty of Detroit November 17, 1807: thener north with the same. north and northeasterly to the boundary line between the United States and British Province of Upper Canada;
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IHISTORY OF ST. CLAIR COUNTY.
thence with the said boundary line southwardly, to a point dne 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 Com missioners 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 :
JIWHEREAS, 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 In 1. belon ging 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, 99, 30 and 25, to the border of Like St. Clair ; then e southerly until it intersects the boundary line between the United Stat's an 1 Upper Canada : thence northeasterly along said boundary line to a point dne east from the place of beginning ; thence west to the place of beginning.
The township of Cottrellville, to be boun led as follows : Beginning on the border of the River St. Clair. at the south line of land belonging to James Fulton, Es .; 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 ; thenge south along said boundary line to Lake St. Clair, thence casterly along the border of Lake St. Clair, till it intersects th, north line of the town ship of Plainfield, and continning easterly along the north Bine 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 whoreof, I have hereunto set my hand and caused the great seal of the said Territory to be affixel at Detroit this seventeenth day of March, in the year of our Lord one thousand eight hundred and twenty-three, andt 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 Ilis 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 Sanilae 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
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HISTORY OF ST. CLAIR COUNTY.
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