USA > Michigan > Michigan official directory and legislative manual for the years 1911-1912 > Part 43
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2,832
1.920
2,635
Genesee.
Jackson.
1,840
484
Kalamazoo.
3,151
2,101
3,230
2,031
(a) No returns.
(b) Not included in official canvass.
Democrat.
Free Soil.
Lincoln,
Democrat.
Whig.
1,077
1,380
202
64
89
Chippewa.
584
311
Lincoln,
365
PRESIDENTIAL VOTE BY COUNTIES.
PRESIDENTIAL VOTE BY COUNTIES, 1836-1908 .- Continued.
1864.
1860.
1856.
1852.
1
Counties.
Republican.
Mcclellan,
Democrat.
Republican.
Democrat.
Republican.
Buchanan,
Scott,
Pierce,
Hale,
Lena wee.
4 780
3,632
5,080
3,510 2,003
4,499
2,779
2,418 : 931
2,857
640
Livingston.
1,604
1,983
2,075
1,765
1.711
1,419
133
Luce.
(d)
30
(d) 135
41
89
(a)
(a)
38
292
Macomb.
2,041
2.177
2,533
2,166
2,210
1,846
1,060
1,634
509
Manistee
145
70
126
58
Manitou.
(d)
11
135
56
67
Marquette
(d)
145
70
(a)
(a)
79
77
Mason.
143
88
89
49
32
12
Mecosta.
143
97
109
55
Menominee.
58
23
Midland.
208
101
157
43
169
43
Monroe.
1,659
2,331
2,282
2,165
1,777 414
1,703 265
1,112 120
1,582
169
Montcalm.
595
443
565
361
Montmorency.
Muskegon.
654
366
502
241
(a)
(a)
40
104
Oakland.
3,709
3,816
4,411
3,768
4,105 82
3,276
2,376
3,178
552
Oceana ..
356
177
192
158
21
Ogemaw.
Ontonagon
(a)
(a)
331
300
Osceola ..
Oscoda
Otsego
Ottawa.
1,345
1,536
1,414
1,217
1,392
998
363
756
59
Presque Isle.
Roscommon ..
Saginaw.
1,731 753
1,900
1,479
1,206
1,042 803
1,222
367
694
73
Sanilac.
318
899
396
201
109
252;
Schoolcraft
Shiawassee
1,412
1,283
1,606
1,221
1,304
1,105
519
584
52
St. Clair.
(d)
1,808 (d) 2 063
2,589
1,955
1,807
1,521
852
1,110
53
St. Joseph
2,681
1,796
2,832
1,980
2,224
1,475
1,164
1,259
259
Tuscola ..
798
401
747
350
442
242
80
62
34
Van Buren.
1,985
1,400
2,175
1,274
1,710
1,031
613
771
Washtenaw
3,632
3,836
4,286
3,630
3,570
2,833
2,274
2 604
603
Wayne.
5,946
7,670
7,325
6,701
5,250
5,777
3,402
4,680
368
Wexford.
Totals.
(b) 79,149 (c) 68,513
88,450
64,889
71,762
52,139
33,800
41,842
7,237
(a) No returns.
(b) Exclusive of "soldiers' vote," 9,402.
(c) Exclusive of "soldiers' vote," 2,959.
d) Not included in official canvass.
Free Soil.
Lincoln,
Douglas,
Fremont,
Democrat.
Whig.
Democrat.
Lincoln,
Mackinac.
Missaukee.
Newaygo.
406
242
364
207
156
6
366
MICHIGAN MANUAL.
. PRESIDENTIAL VOTE BY COUNTIES, 1836-1908 .- Continued.
1848.
1844.
1840.
(a) 1836.
Counties.
Taylor,
Whig
Cass,
Democrat.
Van Buren,
Free Soil.
Whig.
Democrat.
Harrison,
Van Buren,
Harrison,
Van Buren,
Democrat.
Alcona.
Alger.
Allegan.
274
303
174
323
299
257
174
92
Alpena.
Antrim
Arenac.
Baraga.
Barry.
243
382
93
228
249
128
105
Bay.
Benzie
Berrien.
953
1,146
108
713 644
828 888
548
553
3
408
Branch.
665
1,083
400
23
Calhoun.
1,254
1,487
745
1,357
1,528
1,153
1,169
360
Cass
783
901
191
760
715
670
527
(b)
(b)
Charlevoix
Cheboygan
Chippewa.
51
43
48
34
(b)
Clare.
Clinton.
213
340
131
255
283
221
145
Crawford.
Delta.
Eaton.
356
546
218
410
376
337
229
Emmet.
Genesee
877
823
315
733
676
513
380
91
123
Gladwin
Gogebic.
Gd. Traverse.
Gratiot.
Hillsdale
1,027
1,290
482
968
1,088
843
721
7
179
Houghton
(c)
17
(c) 65
Huron
Ingham
473
692
332
432
441
265
261
(d) 353
(d) 355
Ionia.
379
608
477
418
398
266
219
Iosco.
Iron
Isabella
Isle Royal
Jackson.
969
1,547
1,070
1,302
1,389
1,504
1,121
(d)
(d)
Kalamazoo
1,010
880
495
932
828
954
744
(e) 213
Kalkaska.
Kent.
€53
768
337
476
564
319
320
Keweenaw.
Lake
(a) No returns for 1836 on file in office of Secretary of State. The statement here given is taken from Greeley's Whig Almanac for 1844.
(b) No returns."
(c) Not included in official canvass.
(d) Votes in Ingham and Jackson counties returned together.
(e) Majority; votes for candidates not given.
Whig.
Clay,
Polk,
Whig.
Democrat.
543
616
367
PRESIDENTIAL VOTE BY COUNTIES.
PRESIDENTIAL VOTE BY COUNTIES, 1836-1908 .- Concluded.
1848.
1844.
1840.
(a) 1836.
Counties.
Taylor,
Whig.
Cass,
Democrat.
Van Buren,
Free Soil.
Ẅhig.
Polk,
Democrat.
Harrison,
Van Buren,
Harrison,
Van Buren,
Democrat.
Lapeer.
369
542
205
399
502
492
413
57
129
Leelanau.
Lena wee.
1,886
2,171
795
2,178
2,272
2,117
1,865
261
558
Livingston
764
1,127
280
587
1,087
700
844
73
142
Luce. .
51
127
43
100
85
79
Macomb.
855
1,339
204
963
1,359
982
1,124
43
400
Manistee
Manitou
Marquette.
Mason.
Mecosta.
Menominee
Midland.
Missaukee
Monroe
791
1,155
398
870
1,282
939
1,023
1,147
2
Montcalm.
Montmorency.
Muskegon.
Newaygo.
Oakland.
1,942
2,781
694
2,225
2,833
2,372
2,365
952
817
Oceana.
Ogemaw
Ontonagon
Osceola
Oscoda
Otsego.
Ottawa.
143
269
53
42
116
81
SS
Presque Isle
Roscommon
Saginaw.
118
183
47
107
104
89
100
165
Sanilac.
Schoolcraft
Shiawassee
281
426
192
300
269
283
159
St. Clair.
665
814
83
569
617
517
446
St. Joseph.
963
1,011
418
935
976
800
761
(b) 42
Tuscola ..
Van Buren
353
508
117
273
350
182
251
Washtenaw.
2,029
2,080
918
2,349
2,550
2,527
2,057
1,031
1,636
Wayne.
2,540
3,305
421
2,346
2,736
2,246
2,237
1,527
1,578
Wexford.
Totals.
23,947
30 742
10,393
24,285
27,737
22.933
21,096
5,545
7,122
(a) No returns for 1836 on file in the office of Secretary of State. The statement here given isitaken from Greeley's Whig Almanac for 1844.
(b) Majority; votes for candidates not given.
-
1
Whig.
Democrat.
Whig.
Clay,
Mackinac.
36S
PRESIDENTIAL VOTE IN MICHIGAN FROM 1836 TO 1908.
The highest vote for an elector being in each instance taken as the basis of calculation.
Election.
Vote on candidates.
Total vote.
Number.
Year.
Popular.
Per cent of
Majority.
Plurality.
Electoral.
Popular.
Increase of
popular.
increase.
13
1836
[ William Henry Harrison, whig. { Martin Van Buren, democrat.
4,045
35.5
3,287
co.
11,377
William Henry Harrison, whig.
22,933
51.7
1,516
3 ]
44,350
32,973
289.8
( James G. Birney, liberty party.
321
. 7
24,375
43.8
15
1844
James K. Polk, democrat.
27,737
49.7
3,362
55,751
11,401
25.7
[ James G. Birney, liberty party 3,639
6.5
16
1848
Lewis Cass, democrat ...
30,677
47.2
6,747
65,000
9,249
16.6
| Martin Van Buren, free soil.
10,393
16.0
·
17
1852
Franklin Pierce, democrat ..
41,842
50.5
745
6
82,939
17,939
27.6
[ John P. Hale, free soil.
7,237
8.7
·
18
1856
James Buchanan, democrat.
52,139
41.5
125,561
42,622
51.4
Millard Fillmore, American
1,660
1.3
Abraham Lincoln, republican ...
88,480
57.1
22,213
6
19
1860
Stephen A. Douglas, democrat ...... John Bell, constitutional union ...
405
. 3
154,747
29,186
23.2
John C. Breckenridge, secession and state rights democrat ..
805
. 6
MICHIGAN MANUAL.
Zachary Taylor, whig.
23,930
36.8
Winfield Scott, whig.
33,860
40.8
John C. Fremont, republican.
71,762
57.2
17,963
6
..
7,332
64.5
14
1840
Martin Van Buren, democrat.
21,096
47.6
Henry Clay, whig.
.
.
65,057
42.0
Candidates for president.
popular.
Per cent of
20
1864
Abraham Lincoln, republican .... [ George B. Mcclellan, democrat ..
(a) 85,352 (c) 67,370
55.9 44.1
17,982
81
152,722
(b) 2,025 |(b)
1.3
4 21
1868
Horatio Seymour, democrat ...
82,364
42.0
(d) 195,795
43,073
28.2
[ David Davis, workingmen's party ...
202
.1
.
-
Ulysses S. Grant, republican.
136,199
62.7
55,047
11
22
1872
Charles O'Connor, democrat ...
2,861
1.3
James Black, prohibitionist.
1,271
. 6
Rutherford B. Hayes, republican.
166,534
52.5
15,538
11
23
1876
Peter Cooper, greenback ..
9,060
2.9
317,530
100,179
46.0
Green Clay Smith, prohibitionist. , anti-secret society.
766
.2
75
James A. Garfield, republican.
185,190
52.5
17,740
11
24
1880
James B. Weaver, greenback .. Neal Dow, prohibitionist.
942
.3
312
. 1
·
-
James G. Blaine, republican
192,669
48.0
3,308
13
Grover Cleveland, democrat ..
25
1884
Benjamin F. Butler, green- back and anti-monopoly ...
189,361
47.2
401,186
48,546
13.6
753
.2
18,403
4.6
236,387
49.7
22,918
13
Grover Cleveland, democrat.
213,469
44.9
475,356
74,170
18.5
Clinton B. Fiske, prohibitionist ..
20,945
4.4
Alson J. Streeter, union labor.
4,555
1.0
·
Benjamin Harrison, republican. ..
222,708
47.8
20,412
9 )
Grover Cleveland, democrat ...
202,296
43.3
27
(e) 1892
John Bidwell, prohibitionist ...
20,857
4.5
·
466,717
(b) 8,639
(b)
1.8
James B. Weaver, people's .. Scattering.
19,931
4.2
.
..
.
925
.2
.
PRESIDENTIAL VOTE IN MICHIGAN.
Winfield S. Hancock, democrat ..
131,301
37.2
34,895
9.9
352,640
35,110
11.0
Samuel J. Tilden, democrat.
141,095
44.4
-
Horace Greeley, democrat, liberal
77,020
35.4
217,351
21,556
11.0
Ulysses S. Grant, republican.
113,229
57.9
30,663
8
-
369
·
fusion.
Benjamin F. Butler, straight greenb'k. John P. St. John, prohibitionist.
Benjamin Harrison, republican.
26
1888
5
-, labor party.
370
PRESIDENTIAL VOTE .- Concluded.
Election.
Vote on candidates.
Total vote.
Candidates for president.
Popular.
Per cent of
Majority.
Plurality.
Electoral.
Popular.
Increase of
Per cent of
increase.
Number.
Year.
1
[ William McKinley, republican ..
293,072 236,994
53.8
41,542
14
William J. Bryan, D. P. U. S.
43.5
John M. Palmer, democrat ...
6,905
1.3
.
28
1896
Joshua Levering, prohibitionist.
4,938
. 9
. .
544,602
77,885
16.7
Charles E. Bentley, national. , socialist labor ..
1,815
. 3
293
. 1
[ Scattering.
585
.1
[ William McKinley, republican ..
316,269
58.1
88,159
14
William J. Bryan, democrat.
211,685
38.9
John G. Wooley, prohibitionist ..
11,859
2.1
29
1900
Eugene V. Debs, social democrat ..
2,826
. 6
Joseph F. Malloney, social labor ...
903
.2
[ Wharton Barker, people's party
837
.1
364,957
69.5
204,887
14
135,392
25.8
30
1904
Silas C. Swallow, prohibitionist ..... Eugene V. Debs, socialist ..
9,042
1.7
Charles H. Corregan, socialist labor ... 1,036
2
Thomas E. Watson, people's.
1,159 |
.2
544,379
(b)
223
(b)
· 4
MICHIGAN MANUAL.
Theodore Roosevelt, republican .. Alton B. Parker, democrat.
13,441
2.6
525,027
(b) 19,352
(b)
3.7
popular.
popular.
William H. Taft, republican.
335,580
129,330
14
William J. Bryan, democrat.
175,771
Eugene W. Chafin, prohibitionist.
16,974
3.13
Eugene V. Debs, socialist.
11,586
2.14
541,830
16,803
3.1
Gilhaus, socialist labor.
1,096
.20
Hisgen, independence.
760
. 14
Turney, united christian.
63
.0+
.
"a) Includes "soldiers' vote," 9,402.
(b) Decrease.
(c) Includes "soldiers' vote," 2,959.
(d) Exclusive of 30,036 votes not returned in legal time-538 in Alpena county, 209 in Cheboygan county, 317 in Delta county, 333 in Emmet county, 788 in Keweenaw county, 656 in Leelanau county, 162 in Mackinac county, 938 in Manistee county, 168 in Manitou county, 528 in Ontonagon county, 19,481 in Wayne county, and 5,918 in Van Buren county.
(e) Election held under so-called Miner law, whereby electors were chosen by congressional districts instead of by state at large. Figures taken from vote on electors in eastern and western districts.
PRESIDENTIAL VOTE IN MICHIGAN.
371
.
31
1908
.
.
.
61.94 32.44
372
MICHIGAN MANUAL.
JUDICIAL SYSTEM OF MICHIGAN.
SUPREME COURT.
The territorial government of Michigan was established in 1805. The supreme court of the territory consisted of a chief and two associate judges appointed by the president of the United States. The judge holding the commission of earliest date was made chief judge, and the other judges took precedence according to the dates of their commissions. When, however, commissions bore the same date precedence was determined by the ages of the judges. Their term of office was "during good behavior," and so they held until the year 1824, when the "second grade" of territorial govern- ment was established.
This court at first had original and exclusive jurisdiction in all cases involving the title to land, criminal cases punishable capitally, and cases of divorce and alimony; afterwards, of all cases beyond the jurisdiction of inferior courts, all cases wherein the United States was a party and all actions of ejectment. During the existence of the district courts, it had concurrent jurisdiction therewith in civil matters, when the demand exceeded $500; after that it was given original and exclusive jurisdiction of claims ahove $200. After the organization of county courts, it had original jurisdiction of ejectment and civil actions, when more than $1,000 was in controversy. It also determined all legal questions arising in circuit courts, on motion for new trial, in arrest of judgments or cases reversed, and it also issued writs of error to circuit and county courts.
The following judges were members of the supreme court of the territory under the "first" grade of territorial government:
Term began.
Term expired.
1805-Augustus B. Woodward, C. J. 1824.
1805-Frederick Bates, A. J. 1808. Resigned.
1806-John Griffin, A. J ... 1824.
1805-James Witherell, A. J. 1824.
Upon the establishment of the "second" grade of territorial government in 1824, the term of office was limited to four years. From that time until the admission of Michigan to the Union in 1837, the following judges were members of the supreme court:
Term began.
Term expired
1824-James Witherell, C J. 1828.
1824-Solomon Sibley, A. J. 1837.
1824-John Hunt, A. J .. 1827.
1827-Henry Chipman, A. J .. 1832.
1828-William Woodbridge, C. J. 1832.
1832-George Morell, C. J. 1837.
1832-Ross Wilkins, A. J. 1837.
All the sessions of this court were held at Detroit, the capital of the territory
The constitution of 1835 provided for a supreme court, the judges of which were to be appointed by the governor, by and with the advice and consent of the senate, to hold for a term of seven years. By an act approved July 16, 1836, the court was made to consist of a chief justice and two associate justices, a majority of whom should constitute a quorum. It was given essentially the same powers, except chancery, that the supreme court and superior circuit courts of the territory exercised. The state was divided into three circuits, and the supreme court was :equired to hold an annual term in each circuit. The term of the first circuit was held at netrcit, that of the second at Ann Arbor, and that of the third at Kalamazoo.
The revised statutes of 1838 made the supreme court consist of one chief and three associate justices, and gave it "original and appellate jurisdiction of all such matters
373
JUDICIAL SYSTEM OF MICHIGAN.
and suits at law, and in equity and in probate cases," as might be lawfully brought before it; also, "jurisdiction of suits, actions and matters brought before it by writ of certiorari or writ of error." Authority was also given "to issue writs of error, certiorari, mandamus, habeas corpus, procedendo, supersedeas," and other necessary writs and process for the due execution of the law. The supreme court was, moreover, given a general superintendence over inferior courts. Two annual terms were to be held at Detroit, two at Ann Arbor, one at Kalamazoo and one at Pontiac. Any two of the - justices constituted a quorum for the transaction of business.
The revision of 1846 made no essential changes in the composition or the jurisdiction of the supreme court, but altered its annual terms. Four terms were provided for, called the January, May, July and October terms. The January term was held at Detroit, the May term at Kalamazoo, the July term at Jackson, and the October term at Pontiac.
The following is a list of supreme court judges under the constitution of 1835:
Term began.
Term expired.
1836-Wm. A. Fletcher, C. J. 1842. Resigned.
1836-George Morell, A. J .. 1842. C. J. Vice Fletcher, July 18, 1843.
1836-Epaphroditus Ransom, A. J. 1842.
1838-Charles W. Whipple, A. J .. 1848. Additional justice.
1843-Epaphroditus Ransom, C. J. 1848.
1848-Charles W. Whipple, C. J. 1852.
1842-Alpheus Felch, A. J.
1845. Resigned.
1843-Daniel Goodwin, A. J.
1846. Resigned.
1845-Warner Wing, A. J. 1852. Vice Feleh
1846-George Miles, A. J.
1850. Vice Goodwin; died in 1850.
1848-Sanford M. Green, A. J 1852.
1848-Edward Mundy, A. J.
1851. Additional A. J., deceased.
1850-Abner Pratt, A. J. 1852. Vice Miles, deceased
1851-George Martin, A. J. 1852. Vice Mundy, deceased.
The constitution of 1850 provided that for the term of six years the judges of the several circuit courts should be judges of the supreme court. Four of them were to constitute a quorum, and a concurrence of three was necessary to a final decision. There were five circuit judges in the state at that time, who constituted the first supreme court under the new constitution.
The court thus organized had "a general superintending control over all inferior courts " and had power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs." In other cases it was given appel- late jurisdiction only. Four annual terms were provided for. These were fixed by statute as follows: A January term to be held at Detroit; a May term at Kalamazoo: a July term at Adrian, and an October term at Pontiac. It was afterwards provided that a fifth annual term should be held at Lansing.
The following is the list of circuit judges constituting the supreme court for six years after the adoption of the new constitution:
John S. Goodrich. Elected April, 1851. Died before qualifying.
Warner Wing. .Resigned, 1856
George Martin. .
Sanford M. Green.
.Resigned, 1857
Joseph T. Copeland.
Samuel T. Douglass
.Resigned, 1857
David Johnson.
.Resigned, 1857
Abner Pratt.
Resigned, 1857 . Died, October, 1855
Charles W. Whipple
Nathaniel Bacon. . . October, 1855, vice Whipple
Edward H. C. Wilson.
November, 1856, vice Wing
Benjamin F. H. Witherell. .May, 1857, vice Douglass
Benjamin F. Graves. May, 1857, vice Pratt
Josiah Turner.
. May, 1857, vice Green
Edwin Lawrence.
. May, 1857, vice Johnson
374
MICHIGAN MANUAL.
In 1857, acting under constitutional authority, the legislature reorganized the supreme court, making it consist of one chief and three associate justices, elected by the people for a term of eight years. The legislature of 1887 increased the number of justices to five, and the terms of the additional justice and all justices elected after 1887, to ten years.
Three constituted a quorum, and they were required to hold four regular annual terms. « The first statutory regulation provided for a January and a July term at Detroit, and a May and October term at Lansing. In 1859 the May term was changed to April. In 1873 all terms were ordered held at Lansing, and in 1875 the July term was changed to June.
* By Act 250 of 1903 the number of justices was increased to eight, five of whom con- stitute a quorum, and the term of office was reduced to eight years.
JUSTICES OF SUPREME COURT.
Under constitution of 1850.
Term for which elected.
Term for which elected.
George Martin (a). 1858-1867
Edward Cahill (n). 1890-1890
Randolph Manning (b).
1858-1869
John W. McGrath (d) (o) (p) .. 1891-1895
Thomas M. Cooley (c) (d).
1864-1869
Claudius B. Grant (d) 1890-1899
James V. Campbell (d).
1858-1871
Robert M. Montgomery (d) 1892-1901
Isaac P. Christiancy (d)
1858-1873
George H. Durand (g) 1892-1892
Benjamin F. Graves (d).
1868-1875
Frank A. Hooker (d) (r) 1894-1903
Thomas M. Cooley (d) (s)
1870-1877
Joseph B. Moore (d) 1896-1905
James V. Campbell (d).
1872-1879
Charles D. Long (t). 1898-1907
Isaac P. Christiancy (e) (f)
1874-1881
Claudius B. Grant (w) 1900-1909
Isaac Marston (d) (g).
1875-1881
Robert M. Montgomery 1902-1911
Benjamin F. Graves (d).
1876-1881
William L. Carpenter (u) (x) .. 1902-1907 Frank A. Hooker. 1904-1913
Thomas M. Cooley (d) (h)
1878-1885
Charles A. Blair * (v). 1905-1909
Isaac Marston (j). 1882-1889
Russell C. Ostrander * 1905-1911
Thomas R. Sherwood (d) (k) .. 1882-1889
Joseph B. Moore* 1906-1913
John W. Champlin (d) 1884-1891
Allen B. Morse (d) (l). 1886-1893
Aaron V. McAlvay* 1908-1915
James V. Campbell (m). 1888-1890
Flavius L. Brooke (z) 1908-1915
Charles D. Long (d) .
1888-1897
John E. Bird 2 1910-1911
Under constitution of 1909. 1910-1917 | John W. Stone. 1910-1917
Charles A. Blair ..
(a) Chief Justice.
(b) Died in 1864.
c) Vice Manning, deceased.
(d) Last two years as chief justice.
(e) Resigned, February 27, 1875.
(s) Died in 1898.
(f) Died Sept. 8, 1890.
(t) Died June 27, 1902.
(g) Vice Christiancy, resigned.
(h) Resigned in 1885.
i) Vice Cooley, resigned.
(j) Resigned, Feb. 2, 1883.
(k) Vice Marston
(l) Resigned, Aug. 30, 1892.
(m) Died March 26, 1890.
(n) Appointed to succeed Campbell, April 5 to December 31.
(0) Elected to succeed Campbell. .
* Elected under provisions of Act 250 of 1903.
(p) Chief justice to succeed Morse, Oct. 4 to Dec. 31, 1892.
(g) Appointed to fill vacancy temporarily. (r) Elected to succeed Morse.
(u) Vice Long, deceased. (v) Last year of term as chief justice.
(w) Chief justice, 1908.
(x) Chief justice, 1906.
Resigned September 15, 1908.
Vice Carpenter, resigned; appointed Nov. 7, 1908; elected to succeed Carpenter.
1 Resigned, April 5, 1910.
2 Vice Montgomery, resigned; appointed June 6, 1910; elected Nov. 8, 1910; chief justice until Jan. 1, 1911.
Allen B. Morse (i) .. 1885-1885
Aaron V. McAlvay * (v). 1905-1907
James V. Campbell (d).
1880-1887
William L. Carpenter *(y) 1908-1915
375
JUDICIAL SYSTEM OF MICHIGAN.
DISTRICT COURTS.
Soon after the organization of the territorial government, the governor had divided the territory into four judicial districts, known as the districts of Erie, Huron, Detroit and Michilimackinac. An act was adopted on the twenty-fifth of July, 1805, establish- ing three district courts to be held by the judges of the supreme court, one for the district of Erie, another for the districts of Huron and Detroit, to hold two terms annually each; and one for the district of Michilimackinac, to hold one annual term. These courts were to have jurisdiction of demands exceeding $20. In 1807 the district courts were made to consist of a chief judge and two associate judges, residents of the district, to be appointed by the governor and to hold office during good behavior.
There are no records in the state department of appointments under this act, but merely entries of the return of two commissions, one by John Anderson, dated April 15, 1807, as chief justice of the district court of the district of Erie, and another to Samuel Abbott, dated July 16, 1807, as associate justice of the district court of the district of Michilimackinac.
These courts were abolished in 1810, and for the next five years there was no inter- mediate court between the supreme and justices' courts.
By an act approved February 27, 1840, "the district court of the county of Wayne" was established, composed of a presiding judge appointed by the governor, by and with the advice and consent of the senate, to hold four years and the two associate judges of the circuit court. This court had criminal jurisdiction only, but equal to that of the circuit courts. In 1843 a new act was passed, establishing a district court in each of the counties of Wayne, Oakland, Washtenaw, and Jackson, and the term of office of the presiding judge was lengthened to five years. These courts were all dropped by the revised statutes of 1846, as passed by the legislature, though retained in the original draft of the revision.
Henry Chipman was appointed presiding judge of the Wayne county district court in 1840, and held the office until the change in 1843. Then Benjamin F. H. Witherell was appointed presiding judge for the district courts of the four counties. He held until the court was abolished.
The constitution of 1850 provided that the counties of the upper peninsula and the islands appertaining thereto should constitute a separate judicial district. The district judge was to be elected for the same term, perform the same duties, and possess the same powers as the circuit judges. This court was abolished in 1863. Daniel Goodwin held the district judgeship until the circuit was organized in the upper peninsula.
COURT OF CHANCERY.
Upon the establishment of a state government, equity and common law jurisdiction was separated and vested in distinct courts. All equity powers were vested in a court of chancery exclusively, save that certain exceptional cases might be taken to the supreme court, and appeals by any person aggrieved by the decree or final order of the court of chancery. This court held sessions, in turn, in each of the circuits into which the state was divided by the act establishing circuit courts. All causes were to be heard and determined in the circuits in which they arose. This court was abolished by the revised statutes of 1846, as passed by the legislature, although the original draft of the revision provided for its continuance, with some modifications intended to simplify and perfect the system. Its jurisdiction was conferred upon the several circuit courts and it has remained there ever since.
The following is a list of chancellors:
Term began.
1836-Elon Farnsworth.
1842-Randolph Manning.
1846-Elon Farnsworth.
Term expired.
1842. Resigned.
1846. Resigned.
1847 Court abolished.
376
MICHIGAN MANUAL.
CIRCUIT COURTS.
In 1824 the three judges of the supreme court were required to hold an annual term in each of the counties of Wayne, Monroe, Oakland, Macomb and St. Clair and were authorized to hold special sessions in Crawford, Brown and Michilimackinac counties whenever deemed advisable "in their sound discretion." In 1825 circuit courts were established by name, but were still held by the judges of the supreme court. The circuit court was given original jurisdiction in all civil actions at law where the demand exceeded $1,000, of actions of ejectment, of all criminal cases punishable capitally, and of all cases not exclusively cognizable by other courts, concurrent jurisdiction with county courts in civil actions beyond the jurisdiction of justices of the peace, and of criminal offenses not punishable capitally, and appellate jurisdiction from county courts. The circuits were not changed by this act of 1825. Another act was passed in 1827, repealing the essential provisions of the acts of 1824 and 1825, and providing for two more circuits, viz .: Washtenaw and Lenawee. The same discretionary powers as to holding terms in Crawford, Brown and Michilimackinac counties were continued.
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