History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.., Part 61

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 61

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

"Of the Twenty-second Michigan, what can I say that will even faintly do justice to that splendid regiment? Its men are dearer to my heart than those of any other. for I shared with them the many joys and sorrows of a soldier's life. I saw them as with proud stops and gal- lant bearing they tiled out of the fair ground at Pontiac. No body of men were ever better calculated for their work, and never in the trying scenes of the war did they falter in the line of duty. I saw them day by day, on the march and in the camp, on the skirmish line and in the battle, do honor to their country and their State. They helped drive the rebels from Ken- tueky. They marched with Rosecrans through Tennessee. They forced their way over the mountains of Northern Georgia and reached Chickamauga to find the Union army on the re- treat badly beaten and demoralized. They were ordered to the front to stop the onward march of the victorious rebels while the rest of the army formed a new line. You all know the history of their terrible tight. You have heard of the gallant charge they made, how,

" . Stormed at by shot and shell, Nobly they fought, and well."

How five times Longstreet's victorious troops were hurled against them and five times driven back. You have heard how Col. Sanborn led the regiment in its brilliant charge, and you know that round that flag fought and fell that day some of Michigan's bravest men, and how at last, its ammunition gone, it was surrounded and the remnant of that heroic band taken prisoners. You have heard of their sufferings in the prisons of the South. and when you hear of the Twenty-second you may all feel proud, for

" ' Sons of Macomb and broad St. Clair And Oakland's rolling fields were there.'

and as long as the Union lives their names will be remembered in honor."

Upon the conclusion of the speaking the associations met at their headquarters and hold business meetings.

The Fifth, of which there were 150 members present, elected officers as follows: Presi-

400

HISTORY OF ST. CLAIR COUNTY.

dent, W. D. Wilkins; First Vice President, E. H. Shook: Second Vice President, De Witt Walker; Third Vice President, D. Owen; Secretary, T. J. West; Treasurer. D. P. Rose; His- torian, H. K. Sweet

The Twenty-second, 167 members present, elected the following officers; President, A. M. Keeler; First Vice President, S. C. Mead; Second Vice President, A. P. McConnell; Sec- retary, A. E. Collins: Treasurer, J. J. Snook.

The Eighth Cavalry, 90 members, elected: President, J. H. Riggs; First Vice President, G. S. Wormer; Second Vice President, A. E. Calkins; Third Vice President, H. C. Wells; Fourth Vice President, W. L. Buck; Treasurer, C. Crowely; Secretary, T. M. Birdsall; Histo- rian, J. M. Lamb; Orator, W. H. Clark; Corresponding Secretary, R. F. Allen.

The Macomb and St. Clair Association, 200 members present, elected officers as follows: President, William H. Clark; First Vice President, Peter Churchill; Second Vice President, James Smith; Third Vice President, Porter Beebe; Fourth Vice President, William Jenney; Secretary and Treasurer, E. A. Jennings. Among the Presidents of the Macomb and St. Clair Association as organized in June, 1877, were Col. Sanborn, Major A. M. Keeler, Col. J. S. Farrar, and the present President-William H. Clark, Jr. The association was formed in 1877 by fifty-one soldiers of this district, to which number seventy-six have been added.

THE SOLDIERS' AND SAILORS' RE-UNION.

The annual re-union of the Macomb and St. Clair Counties Soldiers' and Sailors' Associa- tion and Companies H and I, of the Fourth Michigan Volunteer Infantry, was held at Arma- da, August 25, 1882. A large delegation of citizens and ex-soldiers, headed by the Capac Band, with Prof. A. M. Keeler as Marshal of the Day, and P. B. Kade and Amos Finch as As- sistants, met the incoming morning trains, and upon the arrival of which a procession was formed and a line of march taken through the principal streets to the Baptist Church, where a speech of welcome was made by H. H. Spencer, Esq., President of the village, and responded to by William H. Clark, Jr., President of the Macomb and St. Clair Counties Association. A prayer by Rev. H. N. Bissell was followed by an address by Capt. P. C. Goodell, of Detroit, who was followed by the Hon. Dexter Mussey, Rev. Mr. Young, of Romeo, and others. The ex- ercises at the church being concluded, the procession formed in the same order and marched to the hall of H. H. Spencer, where an excellent dinner had been prepared by the ladies of Ar- mada and vicinity, which was partaken of with a hearty relish.

After dinner, speeches were made by W. H. Clark, Jr., and others. The exercises were in- terspersed with music by the band, and the general verdict was that the re-union was a grand success.

At the business meeting of the Macomb and St. Clair Association, the following business was transacted : Hon. Dexter Mussey, Capt. P. H. Goodell and Rev. N. N. Bissell were elected honorary members of the Association.

Next came the election of officers, which resulted as follows : President, H. C. Mansfield, of Port Huron City; First Vice President, J. S. Farrar, of Mount Clemens; Second Vice Pres- ident, A M. Keeler, of Richmond; Third Vice President, Andrew Latenbooker, of New Haven; Secretary and Treasurer, Moses F. Carleton, of Port Huron City.

OUR COUNTRY'S DEFENDERS.

A meeting was held June 25, 1881, for the purpose of organizing an encampment of "Our Country's Defenders." The following officers were elected : Commander, E. G. Spalding; Lieutenant Commander, E. B. Taylor; Adjutant, E. S. Post; Quartermaster, Georgo K. Nairn; Surgeon, H. R. Mills; Chaplain, M. F. Carleton; Officer of the Day, N. C. White; Officer of the Guard, J. W. Burns; Outpost, Hiram Mann.

THE GUARDS.

The Port Huron Guards had forty-five men in the parade and sham battle at Detroit, dur- ing the re-union of the Army of the Potomac, in June, 1882. The following was the prize drill roster:

IHISTORY OF ST. CLAIR COUNTY.

Capt. S. H. Avery, First Lient. T. J. Hutchinson. Second Lieut. George Phillips. First Sorgt. N. C. White. Second Sret. William Stapleton. Third Sorgt. P. H. Tuttle. Fourth Sergt. C. C. Richardson. Fifth Sorgt. E. E. Flynn, First Corp. John Fitzpatrick. Third Corp. John W. Dempster, Fifth Corp. H. Kanmeier, Sixth Corp. G. W. Boynton. Seventh Corp. Charles Phillips. Privates -- John Burns. C. C. Casler. L. Caster. William Chadwick, Edward Đeery, Thomas Fish, Maurice Goodman, B. E. Hall, E. E. Hall, Samuel Hussen, Charles Howes, George F. King. George Kaumeier. William Kessel. Cyrus MeCain, W. J. Mulford. G. C. Mei- sol. A. B. McCollom, Robert MeNicol, John McKenzie, E. S. Post. E S. Petit, Elwin Toft. Frank J. White. The history of this command is given in the sketch of Port Huron City.

PHIL SHERIDAN'S HORSE.

This celebrated horse was sold by A. P Sexton for $90 to Russell Leonard, who sold him to his son W. Leonard. The latter broke the horse to harness and used him to hanl wood to Port Huron, until he sold him to Mr. Inslee. Mr. Leonard lives in the town of Burtchville fat at that time (Grant), on the Comstock road, about three miles from Lakeport. The horse was bought at Port Huron by E. 4. Inslee. for Col. Campbell, for $175. From the fact that the horse was sent to Col. Campbell, at Grand Rapids, where he first saw it. the General evidently supposed that it was purchased at Grand Rapids. Ho was purchased from a Mr. Le mard who now lives back of bakeport, in the town of Bartchville, in this county, and who had obtained him from a Mr. Sexton, at that time living in Lakeport, but now in Ohio. Previons to setting him, Leonard had driven "John." as he was then called by his owner. but little, yet he was fo- garded as a horse of great promise, and known in the country near his owner's home as the " Leonard colt." He was a horse that one would not forget after seeing him once. So mark ol was his appearance that A. MeDonald. of Lakeport, who was a member of the Sixth Cavalry. and in the tight when Sheridan came "riding down the valley." tells us that as . gallant Phil" dashed down the lines after his twenty miles' ride, though not knowing that Col. Camp bell had presented the horse to his chief. he (McDonaldb turned to his nearest comrade, a fol low-townsman. with the remark: " Tiit horse that Sheridan is riding, is the one that Archie Campbell took out from Port Huron. It's the Leonard colt sure, though he has grown a lit- tle."

CONCLUSION.

In the foregoing pages. the writer has essaye I to give a measure of justice to the soldiers of St. Clair. Of those who labored at home, something must also be said. Imme liately suc. feeding the commencement of hostilities, the ladies of the county became thoroughly imbued with a sense of that Out which they owe l to their e mntry; they formed societies of aid to the sick and wounded soldiers of the army, and so organized themselves as to be able to render most effective service. The citizens whose days for field service on led with the class of the first half of the century, acted well their parts at home. Their co operation with the Stat . Mili tary Board resulte l in most important aid to the Republic.

The history of the times is one which speaks of duty done. The troops of St. Clair. attached to the various regiments sont forward from Michigan, were soldiers in the full ace p tation of the term. When they are considered. with what pride may their follow citizens and relatives look back to the seventh desale of the nineteenth century, when such a number of gallant men went forth to offer themselves upon the altars of patriotism to preserve the Re publie. The most terrible fate threatened the truest federalization upon the earth. A visible enemy from within, aided by unnumbere l onomies of Liberty from with ont. entere l into aem spiracy to destroy all that which the Revolution acquire l for us The soldiers who combritel the powers of the conspirators, who beat down every obstacle which the wealth of the slive. holders and their aristocratie allies placed before them, must live for ever in the hearts of the people. The soldiers of 161 65. have. next to those of Lexington and Yorktown. left name- which can never die so long as memory lives; they left precedent -. illustrious examples, which the present and the future must always observe when the Republic is threatened. Let the people follow in their tracks, and transmit from generation to generation, a land of illimitable possibilities, a patriotism incorruptible, & government at once strong and just, and a set of public principles honorable to the age that so, happiness may reign in every home within the Union. and teach the outside world the value of Freedom. 26

402

HISTORY OF ST. CLAIR COUNTY.

COURTS AND BAR OF ST. CLAIR COUNTY.

The beginning of the law history of St. Clair was made in the older county of Macomb. From 1818 to 1821, and even later, the districts of Huron and St. Clair were under the one local government, so that, before commencing the history of St. Clair courts and bar it is necessary to review briefly the law proceedings in which the two counties were interested pre- vious to January, 1822.

The first session of the District Court was held in the house of Christian Clemens, at Mount Clemens, July 10, 1818. Christian Clemens, Chief Justice, with Daniel LeRoy and William Thompson, Associate Judges, presiding.

The first case brought before this tribunal was the admission of Ezra Prescott to the bar of Macomb. Having produced his certificate as an attorney of the Supreme Judicial Court of New Hampshire, it was ordered that he should be admitted an attorney and counselor at law of this county. John Stockton was Clerk of the Court.

The next sitting of the court took place July 14, 1818. The grand jury made no present- ments and was discharged. The only civil suit brought before the Judges was that of Mitchell and Leo Trombley rersus Joseph Dupree, an appeal from Justice LeRoy's Court. Mr. LeRoy retired from the bench when this case was presented; however, on account of not being ready for trial, the case was continued.

The session of 1819 began February 1, with the same Judges presiding. James Felton, the Sheriff, returned the names of twenty-four grand and twenty-four petit jurors. The fol- lowing are the names of the Grand Jurors who were present: 4. W. Bunce, Oliver Record, Andrew Westbrook, Baptiste Yax. William Brown, Joseph Mina, John K. Smith. Elisha Har- rington, Edward Tucker, Jacob Tucker, John Connor, Isaac Russ, H. R. Underhill, Pierre Phenix, Felix Pelhy. Baptiste Nicla. Hugh MeKay, Julius Forton, Francis Labady, James Graham, John B. Beaubien, Gideon Olmstead. This jury retired under care of Constable J. B. Chapaton. The cases brought before the court were as follows:

Michel Trombley, Supervisor of Huron Township, appealed from Justice Harrington's court his complaint against John Tucker, which was ordered discontinued. His complaints versus Julius Forton, Louis Chovar, Charles Pelten, Edward Tucker, Francis Labady and Benjamin Trombley. The other cases were those of Andrew Westbrook v. William Austen, an appeal from Justice Smith's court, and the continued case of Trombley r. Dupree, which were continued.

The session of the court in 1820 was merely marked by the granting of a license to the Chief Justice of that court, as follows:

MACOMB COUNTY, SM. February Term, 1820.

Christian Clemens, of said county, having made application to said court for a license to keep a tavern, and having satisfied said court that a tavern is necessary at his place of residence for the accommodation of travelers, that he is of good moral character and has sufficient accommodation for such purpose, therefore said court have granted him this license.

JAMES FULLER. JOSEPH HAYS.

WILLIAM THOMPSON, DANIEL LE ROY. Assistant Justices of said County.

The following references to the first session of the County Court, to the lawyers of the period, and to the old court house, were made by Mr. Weeks and Judge J. B. Eldredge. The first court for the trial of causes and the transaction of general business was held at Mt. Clemens, at the residence of Christian Clemens, Chief Justice, on the 10th day of July, 1818, and was presided over by the Chief Justice and his two associates, whom we have already named in the list of appointments made for this county. At this session was admitted to practice Ezra Prescott, of New Hampshire, whose appointment to the office of Prosecuting Attorney is also recorded in the list above mentioned.

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HISTORY OF ST. CLAIR COUNTY.

The first snit mentioned in the records is that of Mitchell and Leo Trombley r. Joseph Du- pree, which was an appeal from a Justice's court, involving about 835, and which was contimed to the next term. This closed the labors of the court for that tori John Stockton was clerk. The next term was held at the same place, commencing February 1. 119. The first indiet. ment found by the grand jury of this county was for assanh an I battery against John Harson. The first trial of a cause was at the second term, and was the case above mentioned of Trombley and Trombley rs. Dupree, in which was rendered a verdiet ty a jury for the plaintiff's of $26.50. This verdiet was rondered by the first petit jury of which any record is preserved, and their names are as follows: Nathan Courswell, James Thorrington. William Smith, Harron Under hill, Ezekiel Allen, Levi Blount, James A. Clark, Robert, Stockton, John Tucker, Benjamin Trombly, John B. Vernier and Louis Chapaton. The third term of the court was held at the same place, February 7. 1520. At this session considerable business was transacted: eleven indictments were found, two of which were against one Heury Cottrell, for " contempt of law." This is an offense unknown to the books, either of common or statutory law. though a wholesome " contempt of law " has always been entertained by the great mass of the people.

While the educated legal mind turns back with a sensation of pride and satisfaction through the pages of history, in the contemplation of the majestic system of our jurisprudence, and makes the grand assertion that " law is the perfection of human reason." we find here a re corded case of the popular opinion that " law is an injustice and a humbug. " The record of the next term of the court shows that a court house had been built. and therein the court sat. This court house was built of logs and stood for some years on the site of the present court honse. At this term was admitted to practice as an attorney. B. F. H. Witherell, who died recently in Detroit, then ocenpying the boneb in that county as Cirenit Judge. There was at the same time admitted one Spencer Coleman, in 1821, who presented the certificate of 11 m. James Kent, Chief Justice of New York (author of Kent's Commentaries), that ho (Coleman) was an attorney of that State. We cannot give the date, but the fact exists, that about this period there was admitted to the bar of this circuit a lawyer whose name and fame have since become familiar to the world; we refer to Anson Burlingame, afterward minister to China. known to all the treaty powers of the world. Hon. C. I. Walker, one of the professors in the Michigan University Law Department, was admitted here, as was also he late Cornelius ('Flynn, who died recently in Detroit. It was this conrt that admitted to citizenship Alexan der D. Frazer, the oldest member of the Michigan bar.

Among the early lawyers of the county, or rather those practicing in the county courts. wore Cornelius O'Flynn, Alexander D. Frazer. R. P. Eldridge. B. F. 11. Witherell. O. D. R.ch- ardson, William A. Fletcher. Charles W. Whipple. Baekus. Jacob M. Howard. Thomas Ashley. Ezra Prescott, James F. dos.

The record of persons admitted as attorneys and counselors at law shows the following names and dates: Ezra Prescott. July 10. ISIS: Thomas Ashley. June. 1520; Spencer Code. man, February. 1521: George MeDougall, February 1, 1523: Jacob M. Howard. July 16. 1989: Franklin Sawyer. fr., July 16, 153; James F. doy. April 12. 1934: Dewitt C. Walker. April 12. 1537: Royal P. Crouse. April 1, 1537: Harlehigh Carter; Prescott B. Thurston. April 13, 1537: Solomon Lathrop, April 12. 1587; Edward P. Harris, October 12. 1537: 11. D. Terry, April 11. 1538; Peter S. Palmer. October 17. 1539: John A Hitlis, October 19. 1539: John J. Leonard. October 16, 1839: Abner ( Smith, October 16. 1539; Amos Dolby. appointed October 23, 1539: It. D. Terry, appointed December 9. 1539: Amos Dolby, appointed April S, 1839: Richard Butler. appointed October >. 1539; R. P. Eldridge. appointed May IR, 199: James l. Conger. April 15. 1510: (. B. H. Fessenden, April 16, 1510; Sylvester Larnel. April 1. 1515.

ST. CLAIR COUNTY COURT.

The first meeting of the County Court of St. Clair was held at St. Clair Village January 25, 1822, with James Fulton. Chief Justice, and John K. Smith. Associato Justice. James B Woolverton. Sheriff: John Thorn. Clerk of St. Clair; Ira Marks. Constable: and Ronben Ham ilton. Crier were also present. The first Grand Jury impaneled was composed of the Following members: William Thor, John Connor. Louis Chortier, Elijah B. Allen. Harvey Stewart.

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HISTORY OF ST. CLAIR COUNTY.

Samuel Ward, Andrew H. Westbrook, James Bourdenan, Oliver Ricard, Jacques Leson. Peter Brandamour, John Robertson. Nicholas Hoofmaster. Eben Brach, Thomas Cook, Francis Chor- tier, David Cottrell and George Cottrell. The jurors who did not appear were Nathaniel Ful- ton, Lorin Blanchard. Philip Jarvis. Peter Rice. William Harson and Francis Harson. Janu- ary 29. 1822, the following names were returned to court as Petit Jurors: William Brown. Da- vid Robertson. Isaac Davis, James Robertson, Moses Birdsall, Joseph Mini, Joseph Chortier. Hezekiah Adams, Ekim Russell, Michael Duchesne. M. Duchesne, Jr., and Thomas Robertson.

The first question presented to the court was the application of Andrew Westbrook for a tavern license. James Bobertson and David Robertson were his bondsmen. The court granted the application, provided the tavern be conducted at the Westbrook dwelling house. William

Brown was granted a similar license on the same date. Licenses were also granted to Moses Birdsall. Zephaniah W. Bunce and James Robertson, on the same date, to conduct taverns. At the session of the court. January 30, licenses to keep tavern were granted to Oliver Record. James Fulton.

James Fulton was licensed to maintain a ferry across Pine River. January 30, 1822, James B. Woolverton was granted a like permission to keep a ferry on Belle River. The rates ordered by the court were: Each person, 64 cents; man and horse, 9 cents; horse and carriage. 1 shilling; every separate or additional beast. 3 cents. Jean B. Desuover was granted a license to maintain a ferry across the mouth of Black River, July 6, 1824. Louis Chortier was licensed to run a ferry across Belle River February 1. 1825.

On January 30. 1822, Isaac Davis and Lewis McKniff, and also John Harrow, were allowed to stand out on bail, to answer charges against them before the July session of the court.

The July term of County Court began the first Monday in July, 1822, with Zephaniah W. Bunce, Chief Justice: Samuel Ward and Thomas Oakes. Associate Justices. The cases of the United States vs. John Harrow, and the same against James Cartwright were continued to next session. Renben Hamilton was appointed Under Sheriff July 1, 1822

The session of January. 1823, was convened with the same Justices presiding as in July. 1822. Henry Cottrell appeared as Sheriff; Seth Taft, Constable; Reuben Hamilton, sub-Sheriff: George A. O'Keefe. Prosecuting Attorney. The licenses granted in IS22 were renewed, and new licenses ganted to Reuben Hamilton and Charles Chortier. to keep taverns. The trial of James Cartwright, Sr., resulted in a verdict of not guilty. Jannary 29. 1823. The case against John Harrow was dismissed, and a nolle prosequi was entered in the case of the United States vs. John Cartwright, Jr.

The first civil cases before the court July S. 1523, were those of J. B. Chamberlain vs. Rufus Thrall, and Andrew Westbrook vs. Seth Taft. H. Sanders. William Brawer. Attorney Whitney appeared for Chamberlain, and barnra for Westbrook. In the case of the United States vs. Andrew Westbrook. the indictment was quashed. Mr. Witherell appeared as Prosecuting Attorney.

The session of 1521 opened with Z. W. Bunce, Chief Justice: Samuel Ward and David Oakes. Associate Justices. Charles Larned appeared as an attorney.

The January session of 1825 was opened by Justices Samuel Ward and David Oakes. B. F. H. Witherell and Henry Chipman, lawyers, were present. A number of tavern licenses were renewed, and new ones granted. John Thorn was Clerk, and Henry Cottrell Sheriff.

The session of 1826 began February 1. with Judges Bunce. Ward and Oakes presiding. George A. O'Keefe and William Robertson, were the attorneys in attendance.

The court met January 29, 1827, with the same Justices, Sheriff and Clerk as in former years: B. F. H. Withorell. Prosecuting Attorney: Samnel Larned and William Terry, attorneys, present. The causes of Thomas Palmer vs. Richard Sansbury: William Austin vs. Z. W. Bunce: the United States vs. Lambert Beanbien and Louis Chortier; John E. Lasher vs. Wall- iam Gallagher; the United States vs. Sowell Keyes: Joel Eastman vs. John Martin: John Mar- tin vs. JJacob Guy. were brought before the court.

This was the last session of the County Court of St. Clair. On October 16, 1827, the business depending before the court, with the record books and papers, were transferred according the legislative act of 1927. to the other of the Clerk of the Circuit Court. the first session of which began October 16. 1527.

HISTORY OF ST. CLAIR COUNTY.

The Circuit Court of St. Clair County held its first session October 16. 1527, at the court house in the village of St. Clair, with Solomon Sibley. Circuit Judge, one of the Judges of the Supreme Court of Michigan Territory. Henry Cottrell was Sheriff. The first Grand Jury called was composed as follows : Joseph Mini, George Harrow. Ira Marks, Jonathan Austin. Asel Abel, JJohn S. Fish. Antoine Chortier. JJohn Thorn. Jean Bte. Petit, Clark Warden. Levi Bar ber. Daniel Foggason, Isaac Davis, George Palmer. Charles Phillips, David Cottrell and David Robertson. Lambert Beaubien. Charles Chartier. George Jasperson, Joseph Buckley. Seth Taft, Eber Ward and William Austin. Sr., were not present, although summoned. Andgo Sibley fined each $5. and they began to realize that the Cirenit Court was quite a different institution from that to which they had been accustomed for the previous six years.

The second day of the term (October 17. 1527.) James Fulton was appointed Deputy Clerk of the Circuit Court. George A O'Keefe and B. F. H Withorell. Prosecuting Attorney, were the attorneys present. The cases brought before Judge Sibley were those of Palmer vs. Sans berry: Joseph Campeau vs. Anselme Petit: Knapp vs. Edward Hopkins; the United States vs. James Cartwright; samo vs. Morris McGarry: same vs. Gilbert Elliott; Campean vs. J. B. Yax and Harman Chamberlain vs. Henry Cottrell. The first session of the Circuit Court of St. Clair County closed October IS. 1527.

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History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.., Part 61

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