USA > Michigan > St Clair County > History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.. > Part 49
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James Wolverton. The first prosecuting attorney was probably George A. O'Keefe who is ro corded as receiving $5 for services at the January term of court of 1823.
The Commissioners hell their first meeting of which there is any record June 1. 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 ofl 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 ont 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 82 cach for scalps of wolves over six months old, and $1 for the capillary adorment 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- triets, as follows: No. I 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 Distriet No. 1: Joseph Minnie of No. 2: and Lewis St. Bernard of No. 3. They also
Resolred, 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 suretyy 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 elamored for a removal of the seat of justice and began a county seat war which con- tinned 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 carly 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 respeeting 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 Boud, together with some additional donations for the benefit of the County, more fully set forth in the written proposals of the said Palmer and MeKinstry 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."
We have further to report, that after a diligent examination of the several sites pointed out to us and a general view of the County from actual observation and such other means of information as were accessible to us, We are of opinion that the present location is the most eligible one that can be made, either as it respects the present or future prospects of the County; And We are therefore decidedly of the opinion that it would be inexpedient to remove the Seat of Justice from its present location, provided the engagements with the public made by the proprietors are promptly and punctually complied with; As a preliminary step to which we would recommend to your honourable body that measures be taken to have a Plan of the Town re- corded at the County Seat: a measure which is so obviously necessary but which by some strange inadvert- ency has been hitherto negleeted.
Given under our hands at the city of Detroit the nineteenth day of January, in the year of our Lord one thousand eight hundred and twenty-five.
THOMAS ROWLAND. CHAS. NOBLE.
As will be seen by the above report, the result of the election was against the removal of the county seat, though we regret that that certified polt list is lost. Their defeat does not seem to have disheartened the advocates of removal. for three days after this election they began the circu- lation of a subscription paper to pledge the construction of county buildings, if the seat of justice should be located at Newport. That paper was circulated all over the county. Mr. John S. Fish being the party employed to " work up " the movement, but he was able to obtain but few signers except among residents below St. Clair. Mr. D. B. Harrington stated that he remembers dis- tinetly Mr. Fish's efforts in the upper part of the county and how unsuccessful they were, for even then some of the residents hereabouts foresaw the manifest destiny of the county seat. The paper is a curiosity in its way and we re-produce it-as nearly a fac simile as we can in type-as follows:
We the subscribers do agree to pay the amounts annexed to our respective names either in labor, pro dure, materials or cash at our own option to the person or persons who may be authorized to receive sd subscriptions, for the purpose of building a court House and Gaol in the County of St. Clair, provided the seat of justice should be established on or near the shore of the river St. Clair at any point betwixt the house now occupied by William Gallagher and Thomas Fargo and owned by Major Baker of the U. S. army and the lower line of the farm lately occupied by the widow of the late Moses Birdsall.
Sr. CLAIR, November 18, 1824.
327
HISTORY OF ST. CLAIR COUNTY.
NAME.
AMOUNT.
REMARKS.
WITNESS.
Eber Ward
$ 10
Material for Building.
his
Louis x Mini. mark
1
Labor
E. Ward.
Henry Robertson.
1
Laber.
John S. T.
-10
Grane.
Joseph Mini
10
Grane.
George Cottrell.
10
Grain.
Henry Cottrell.
20
Samuel Ward
200
Grain. Glass nails and Iumber ; and if
the Court House should be put on my farm the addition of sixteen town lots to actual settlers, and half an acre of Land for the use of the County for the purpose of erecting a court house jail and other public buildings. Samuel Ward.
4 00 1 Labour or grain. Il. Cottrell
5 00 in Grain.
1 50 Labour. 11. Cottrell.
Francois x Biorage mark his David x Robertson. mark his James x Loson. mark his
6 00
Labor & Grain. HI. Cottrell.
Reuben x Babcock inark
5
Labor John S. Fish.
Francis & Chortie
2 Grane John S. Fish.
mark
his Louis x Cochois. mark his
2 00 Labour HI. Cottrell.
Francois x Duchene.
5 00 Labour HE. Cottrell.
mark
his
3 00
Labour II. Cottrell
Jolin Bt. x Petit. mark
3 00
Grane John S. Fish
David Cottrell.
15 00 Grane and Labor.
Lambert Beaubien.
10 00 Grane or labor Grane. 5
John Robertson
his Nicholas x Iloffmaster mark his
12 00
grane of labor. John S. Fish.
Charles x Seur
1 grane John S. Fish
mark
Lis
Louis & Chortie mark
grane or lahor. John & Fish.
George Harrow.
grane or labor.
John S. Fish.
S. B. Grummond.
grane or work.
Jno. Harrow
G grane or work.
Seth Taft
Laber.
his
Joan x Bts Yax Sen mark
James Robertson . his
5 00 Labor & Grain. HI. Cottrell.
2 50 Labor 11. Cottrell.
Stephen Trembell (?). his
Michel x Duchene, Sen. mark his
328
HISTORY OF ST. CLAIR COUNTY.
NAME.
AMOUNT.
REMARKS.
WITNESS.
his Charles x Chortie
10
grane
John S. Fish.
mark his Stephen x Chortie. inark
4
grane or labor
John S. Fish.
James Courtright, Sen his
10
grane or labor.
James x Courtright mark
5
grane or labor.
John S. Fish
Aesel Ahoal (?).
grane.
Isaac Cass ...
Labour.
L. Bt. Cochois his
4
grain.
Wm. x J. Hill inark
5
grane
John S. Fish.
John Brown
5
grane.
James Gallagh his
5
Laybour.
John Bt x Gena. mark
10
labor
John S. Fish.
Jacob Grant
10
grane.
Fn Harsen .
15
grane.
Wm. Harsen
10
work.
Nancy Stewart.
20
Produce.
Lewis T. Buchanan
10
produce and labour.
George Settle ..
3
produce.
Thomas Fergo
5
produce.
Win. Gallagher ..
10
Produce.
Il. & B. Hinckley
20
Labour.
his B. x Knapp
8
Labour.
H. B. Ilinckley.
mark his
H. x Cawel
5
Labou
H. B. Ilinckley.
mark
S
grane. John S. Fislı.
Dominigne x Mini. mark
11
grane.
John S. Fish.
Thomas Clark
5
Baptiste Nantay
50
cent grane.
John Flynn . his
Mithchell x Yax mark
3 00
in labor
Samuel Ward.
his
Joseph x Yax.
2 00
in labor
Samnel Ward.
mark
George Mier.
5
laber.
his Lewis x Lafissch
1 00
grain.
mark
Charles Cashlary
4500
W. & Beach .
10 00
in hats.
L. Campeau.
10 00
The amount subscribed above, foots up $637.50, of which Samuel Ward, the prime mover in the removal scheme as will be seen, contributed mueh the largest single subscription. This sub- scription seems to have failed in its desired influence on the special Commissioners, for they re- ported against any change in the county scat and the proposals of Thomas Palmer and MeKins- try, prompted of course by a desire to prevent removal, were accepted by the Legislative Conneil, and the petitions for removal were denied. These proposals were as follows:
Michiel Duchene, Jun. his
5 3 00
329
HISTORY OF ST. CLAIR COUNTY.
DETROIT, December 24, 1821.
GENTLEMEN We, the undersigned, offer the following proposals on condition that the seat of justice for the County of St. Clair be establish'd where it is now located. viz :- We agree to fulfill the condition of a cer- tain bond given by James Fulton and Win. Thorn to Gov. Cass condition'd for the errection of a Court House and Jail and a ps of ground of 180 feet square, which ps of ground is more particularly described in a plan of the town of St. Clair, which ps of ground has been deeded to the sd County on which the sd buildings are to be ervet'd; also it is further understood in sd bond that there was an acre of ground to be deeded near sd town for the purpose of a burying-ground, which tittle of sd acre of ground we agree to give when cal'd upon sd bond bearing date on March, 1820, and in addition to the condition therein expressed we agree to place a good permanent floor above and below in the rooms of the said building calculated for the confinement of criminals.
With our respects we remain
Your humble serv'ts
THOMAS PALMER, DAVID C. MCKINSTRY.
MESSRS. THOMAS ROWLAND, | CHARLES NOBLES
JOHN BURBANK.
N B .- It is further understood that we agree to furnish a convenient flatt for the convenience of any person or persons that are wishing to cross Pine River free from expense that will hold a wagon & horses untill there is a bridge erected across sd river.
DAVID C. MCKINSTRY. THOMAS PALMER.
N. B .- It is understood that the Building is to be erected in the course of the Winter. The foundation is laid the timber and humber on the spot and carpenters at work.
PALMER & MCKINSTRY.
Under these proposals the first court house of this county was built. It was of hewn logs, about 21x31 in size, with a court room above cells for criminals and living apartments for the jailer below.
We are unable to say whether Messrs. Palmer and MeKinstry were as prompt in fulfilling their bond as they promised. The building was not accepted by the Board of Supervisors until September 3, 1827. and then it was declared that it was "not considered finished according to con- traet," and specifications made as to how it must be finished. The building was used for court pur- poses, however, before that date.
This is a part of the history of the first court house of this county. It was used until it was destroyed by fire in 1853, and its brick successor was erected where it had stood.
LOTS OF THE COMMISSIONERS.
In 1821, the township of St. Clair, formerly a portion of Macomb County, formed the county. The first action of the board was to appoint Joseph Minnie Assessor. A highway was ordered to be opened from the estuary of Belle River to the mouth of Pine River. The jail was located by Commissioners in the rear of James Fulton's house at St. Clair. The sum of $35 was paid to Mr. Fulton for building the jail, and $6.63 to Andrew Westbrook for hinges and bolts used in the con- struction of the jail.
In 1822, the board estimated the expenditures for the year at $100. Thomas Cutler was al- lowed 82 for wolf bounty. The town of St. Clair was divided into three road districts; No. 1 embracing the township of Clay: No. 2 that of Cottrellville. East China, Ira, and all excepting the north tier of sections of Casco and China; No. 3. the residue of the county, then the town of st. Clair. John S. Fish, Joseph Minnie, and Louis St. Barnard, wore the Supervisors of these districts.
In 1823. the Commissioners appropriated $150 to meet the expenses for the year. AAlexander O'Keefe was allowed $5 for services as Prosecuting Attorney; and John Thorn. County Clerk, was allowed his account.
In 1824, the estimate for public expenses was $200, for the collection of which Henry Cottrell was allowed tive per cent.
In 1825, $400 were appropriated to meet current expenses. B. F. 11. Witherell was allowed $15 for services as Prosecuting Attorney. A road from the mouth of Belle River to the old grist mill on the north side of Belle River in Section 15. China.
The expenditures for IS26 were estimated at $100. The township of St. Clair was divided in- to two districts; No. 1 included all the inhabitants, except those who resided on the banks of Black River, above the northwest corner of John Riley's fence. District No. 2 included the inhabitants to
330
HISTORY OF ST. CLAIR COUNTY.
the extremity of the settlements. James Fulton was appointed Supervisor of District No. 1, and Jeremiah Harrington of District No. 2. Cottrellville Township was divided into three districts -- No. 1, the southeast part, with William Gallagher, Supervisor; No. 2, north and northeast, with Amasa Hemmenger, Supervisor; and No. 3, on Lake St. Clair, under Supervisor Francis Yax.
In 1827. the estimated expense was $500. John H. Westbrook was appointed Supervisor of the Black River Distriet; Joseph P. Bunee, of the district from Fort Gratiot to Palmer's south line; Clark Worden, Supervisor on road from Palmer's south line to the mouth of' Belle River. Henry Cottrell was appointed Supervisor of District No. 1. Cottrellville; Henry Cottrell and Daniel Stew- art, Assessors; Mark Hopkins, Deputy Clerk; Edward H. Rose, Clerk. The first meeting of the Board of Supervisors was held in 1827. Three lots west of the court house, in the village of St. Clair, were deeded, for county purposes, to Lewis Cass by James Fulton. The contraet for old jail was revoked, and a contract for building a new one was partially negotiated with Charles Phillips.
In 1828, there was no appropriation made for county expenditures. In 1829, $5 were granted as bounty for wolf scalps; the four Supervisors were paid $8 each; the county taxes were apportioned as follows: Clay, 859.75; Cottrellville, 865.91; Desmond or Port Huron, $96.88; St. Clair Town- ship, $107:87.
The court house was repaired by Harman Chamberlin in 1830; Sheriff Henry Cottrell was granted $54 for services; Clerk of Cirenit Court Harmon Chamberlin received $12.75 for services.
In 1831, a proposal for building floating bridges across Belle and Pine Rivers. Contracts were negotiated May 21; Kilburn Hoyt built the bridge across Belle River for $225; H. James built the Pine River bridge for $200. During the year, Horatio James was Clerk of County Court, and James Fulton Clerk of Circuit Court.
In 1832, 4 of 1 per cent was ordered to be assessed, but the equalized valuation is not given. Ilarmon Chamberlin was allowed $61 for repairing the court house; Samuel Ward received $8 for furnishing blank books for the county.
In 1833, Samuel Hopkins was appointed Clerk at $1.50 per day. The county tax was appor- tioned as follows: Clay, 879 97; Cottrellville, $93.11; Desmond or Port Huron, $141.43, and St. Clair Township, 8213.38. In 1834, the tax raised in these townships was $90.65, $97.90, $254.81 and 8242.43 respectively. Ira Porter was Clerk.
In 1835, the township of China was organized, with Peter Carleton, first Supervisor. The tax raised in the township that year was $145.87.
Clyde Township was organized in 1836, with Ralph Wadhams. first Supervisor. The sum of $4 was allowed for wolf scalps. The tax apportioned to Clyde was $338.60.
In 1837, Columbus Township was organized, with Theodore Bathy first Supervisor; Lexing- ton, with Jonathan Burteh first Supervisor; and Ira. with Charles Kimball first Supervisor. The taxes raised in these townships were, Columbus, $157.48; Ira, $101.88.
The first meeting of the Supervisors to act in place of Commissioners was held October 1, 1838, but adjourned on the ground that they had no authority to act. The Commissioners met November 22, 1838, but did not transact business. They were Zael Ward, Justin Rice and John S. Parker.
In 1839. a contract was negotiated with Thomas Palmer for building brick offiees for Clerk and Register, at a cost of $650. The distinction between county and township poor was abolished, and the county ordered to maintain them. Port Huron was granted the use of the foot of Butler street for dock purposes, on condition that the wharf improvement remain the property of the coun- ty at the end of twenty years. The bounties for wolf scalps amounted to SS. The Board of Coun- ty Commissioners qualified November 19, 1839. Zael Ward, John S. Parker and John Howard were the members.
The record for 1840 shows the total valuation of the county to be $1.042,726.95, and the State and county tax $3,650.34. The amount paid to grand and petit jurors during the year was $194; poor orders amounted to $53; paid Commissioners, $49.66; cost of furniture for Clerk's office, $50.
PETITIONS FOR AND AGAINST THE DIVISION OF THE COUNTY.
The Legislature was petitioned to divide the county between Towns 6 and 7 north from the eastern to the western liues, so that the north line of St. Clair County should be the north line of Town 6 north. The reason assigned was the inconvenient length of the county.
331
HISTORY OF ST. CLAIR COUNTY.
A counter petition was presented about the same time, each side claiming the same number.
PETITIONS FOR AND AGAINST REMOVAL OF THE COUNTY SEAT.
TO THE HONORABLE THE LEGISLATURE OF THE STATE OF MICHIGAN:
The petition of the undersigned inhabitants of the county of St. Clair humbly representeth, That the seat of justice has never been established in said county, but was temporarily located in the village of Palmer: and as the good faith of the Legislature has never been pledged, and as the town of Port Huron has every natural and adventitious advantage in its favor, we humbly pray your honorable body to remove the seat of justice from its present temporary location, and establish the same in the village of Port Huron. No- vember 28, 1842.
TO THE HONORABLE THE LEGISLATURE OF THE STATE OF MICHIGAN:
We, the undersigned, citizens of the county of St. Clair, do respectfully remonstrate against the re- moval of the county seat of said county, as we conceive it to be a measure wholly uncalled for by a large majority of the people, and at variance with every principle of public justice.
As at present located, the county seat we deem in a more central position, as regards population at least, than can be affected by a removal, desired only by certain individuals who seek their own personal aggrandisement at public expense and inconvenience: added to which is the firm belief that the county, before long, must be geographically divided.
ST. CLAIR. December 1, 1842.
En 1841, the total tax was $6.309.56. E. E. Carleton was allowed $100 for building bridge over Belle River near Williams' Mill. The township of Ira was granted $100 toward erection of bridge over Swan Creek, and J. J. Falkenburg was allowed $200 for repairing court house.
In 1842, the valuation of county was $933,196.45, and the total taxes. $7, 466.27. H. N. Monson and W. B. Barron were appointed agents to sell the poor farm. previously bought from M. Il. Miles, for $1,000. The Prosecuting Attorney was allowed a salary of $200.
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