USA > Michigan > Newaygo County > Portrait and biographical album of Newaygo County, Michigan : containing portraits and biographical sketches of prominent and representative citizens of the county also containing a complete history of the county, from its earliest settlement to the present time > Part 9
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Michigan claimed for her southern boundary a line running east across the peninsula from the extreme southern point of Lake Michigan, extending through Lake Erie, to the Pennsylvania line. This she claimed as a vested right-a right accruing to her by compact. This compact was the ordinance of 1787, the parties to which were the original 13 States, and the territory northwest of the Ohio; and, by the suc- cession of parties under statutory amendments to the ordinance and laws of Congress-the United States on the one part, and each Territory northwest of the Ohio, as far as affected by their provisions, on the
other. Michigan, therefore, claimed it under the prior grant, or assignation of boundary.
Ohio, on the other hand, claimed that the ordinance had been superseded by the Constitution of the United States, and that Congress had a right to regu- late the boundary. It was also claimed that the Constitution of the State of Ohio having described a different line, and Congress having admitted the State under that Constitution, without mentioning the sub- ject of the line in dispute, Congress had thereby given its consent to the line as laid down by the Constitu- tion of Ohio. This claim was urged by Ohio at some periods of the controversy, but at others she ap- peared to regard the question unsettled, by the fact that she insisted upon Congress taking action in re- gard to the boundary. Accordingly, we find that, in 1812, Congress authorized the Surveyor-General to survey a line, agreeably to the act, to enable the people of Ohio to form a Constitution and State government. Owing to Indian hostilities, however, the line was not run till 1818. In 1820, the question in dispute underwent a rigid examination by the Committee on Public Lands. The claim of Ohio was strenuously urged by her delegation, and as ably opposed by Mr. Woodbridge, the then delegate from Michigan. The result was that the committee decided unanimously in favor of Michigan; but, in the hurry of business, no action was taken by Congress, and the question remained open till Michigan organized her State gov- ernment.
The Territory in dispute is about five miles in width at the west end, and about eight miles in width at the east end, and extends along the whole north- ern line of Ohio, west of Lake Erie. The line claimed by Michigan was known as the " Fulton line," and that claimed by Ohio was known as the " Harris line,"
STEPHEN T. MASON.
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from the names of the surveyors. The territory was valuable for its rich agricultural lands; but the chief value consisted in the fact that the harbor on the Maumee River, where now stands the flourishing city of Toledo, was included within its limits The town originally bore the name of Swan Creek, afterwards Port Lawrence, then Vestula, and then Toledo.
In February, 1835, the Legislature of Ohio passed an act extending the jurisdiction of the State over the territory in question; erected townships and directed them to hold elections in April following. It also directed Governor Lucus to appoint three com- missioners to survey and re-mark the Harris line; and named the first of April as the day to commence the survey. Acting Governor Mason, however, anticipated this action on the part of the Ohio Legislature, sent a special message to the Legislative Council, appris- ing it of Governor Lucas' message, and advised imme- diate action by that body to anticipate and counteract the proceedings of Ohio. Accordingly, on the 12th of February, the council passed an act making it a criminal offence, punishable by a heavy fine, or im- prisonment, for any one to attempt to exercise any official functions, or accept any office within the juris- diction of Michigan, under or by virture of any au- thority not derived from the Territory, or the United States. On the 9th of March, Governor Mason wrote General Brown, then in command of the Michigan militia, directing him to hold himself in readiness to meet the enemy in the field in case any attempt was made on the part of Ohio to carry out the provisions of that act of the Legislature. On the 31st of March, Governor Lucus, with his commissioners, arrived at Perrysburgh, on their way to commence re-surveying the Harris line. He was accompanied by General Bell and staff, of the Ohio Militia, who proceeded to muster a volunteer force of about 600 men. This was soon accomplished, and the force fully armed and equipped. The force then went into camp at Fort Miami, to await the Governor's orders.
In the meantime, Governor Mason, with General Brown and staff, had raised a force 800 to 1200 strong, and were in possession of Toledo. General Brown's Staff consisted of Captain Henry Smith, of Monroe, Inspector; Major J. J. Ullman, of Con- stantine, Quartermaster ; William E. Broadman, of Detroit, and Alpheus Felch, of Monroe, Aids-de- camp. When Governor Lucas observed the deter- mined bearing of the Michigan braves, and took note
of their number, he found it convenient to content himself for a time with " watching over the border." Several days were passed in this exhilarating employ- ment, and just as Governor Lucas had made up his inind to do something rash, two commissioners ar- rived from Washington on a mission of peace. They remonstrated with Gov. Lucus, and reminded him of the consequences to himself and his State if he per- sisted in his attempt to gain possession of the disputed territory by force. After several conferences with both governors, the commissioners submitted proposi- tions for their consideration.
Governor Lucas at once accepted the propositions, and disbanded his forces. Governor Mason, on the other hand, refused to accede to the arrangement, and declined to compromise the rights of his people by a surrender of possession and jurisdiction. When Gov- ernor Lucus disbanded his forces, however, Governor Mason partially followed suit, but still held himself in readiness to meet any emergency that might arise.
Governor Lucus now supposed that his way was clear, and that he could re-mark the Harris line with- out being molested, and ordered the commissioners to proceed with their work.
In the meantime, Governor Mason kept a watch- ful eye upon the proceedings. General Brown sent scouts through the woods to watch their movements, and report when operations were commenced. When the surveying party got within the county of Lena- wee, the under-sheriff of that county, armed with a warrant, and accompanied by a posse, suddenly made his appearance, and succeeded in arresting a portion of the party. The rest, including the commissioners, took to their heels, and were soon beyond the dis- puted territory. They reached Perrysburgh the fol- lowing day in a highly demoralized condition, and reported they had been attacked by an overwhelm- . ing force of Michigan malitia, under command of General Brown.
This summary breaking up of the surveying party produced the most tremendous excitement throughout Ohio. Governor Lucas called an extra session of the Legislature. But little remains to be said in reference to the " war." The question continued for some time to agitate the minds of the opposing parties ; and the action of Congress was impatiently awaited. Michigan was admitted into the Union on the condition that she give to Ohio the disputed territory, and accept in return the Northern Peninsula, which she did.
SECOND GOVERNOR OF MICHIGAN.
109
WILLIAM WOODBRIDGE.
W
ILLIAM WOODBRIDGE, second Governor of Michigan, was born at Norwich, Conn., Aug. 20, 1780, and died at Detroit Oct. 20, 1861. He .
was of a family of three brothers and two sisters. His father, Dudley Woodbridge, removed to Marietta, Ohio, about 1790. The life of Wm. Woodbridge, by Chas.
Lauman, from which this sketch is largely compiled, mentions noth- ing concerning his early education beyond the fact that it was such as was afforded by the average school of the time, except a year with the French colonists at Gallipolis, where he acquired a knowledge of the French language. It should be borne in mind, however, that home education at that time was an indispensable feature in the training of the young. To this and and to a few studies well mastered, is due that strong mental discipline which has served as a basis for many of the grand intellects that have adorned and helped to make our National history.
Mr. Woodbridge studied law at Marietta, having as a fellow student an intimate personal friend, a young man subsequently distinguished, but known at that time simply as Lewis Cass. He graduated at the law school in Connecticut, after a course there of nearly three years, and began to practice at Marietta in 1806. In June, 1806, he married, at Hartford, Con- necticut, Juleanna, daughter of John Trumbell, a distinguished author and judge; and author of the
peom McFingal, which, during a dark period of the Revolution, wrought such a magic change upon the spirits of the colonists. He was happy in his domes- tic relations until the death of Mrs. W., Feb. 2, 19, 1860.
Our written biographies necessarily speak more fully of men, because of their active participation in public affairs, but human actions are stamped upon the page of time and when the scroll shall be unrolled the influence of good women upon the history of the world will be read side by side with the deeds of men. How much success and renown in life many men owe to their wives is probably little known. Mrs. W. en- joyed the best means of early education that the country afforded, and her intellectual genius enabled her to improve her advantages. During her life, side by side with the highest type of domestic and social graces, she manifested a keen intellectuality that formed the crown of a faultless character. She was a natural poet, and wrote quite a large number of fine verses, some of which are preserved in a printed memorial essay written upon the occasion of her death. In this essay, it is said of her "to contribute even in matters of minor importance, to elevate the reputation and add to the well being of her husband in the various stations he was called upon to fill, gave her the highest satisfaction," She was an invalid during the latter portion of her life, but was patient and cheerful to the end.
In 1807, Mr. W. was chosen a representative to the General Assembly of Ohio, and in 1809 was elected to the Senate, continuing a member by re-election until his removal from the State. He also held, by ap- pointment, during the time the office of Prosecuting Attorney for his county. He took a leading part in the Legislature, and in 1812 drew up a declaration and resolutions, which passed the two houses unaminously
110
IVILLIAM WOODBRIDGE.
САД ЖАД
and attracted great attention, endorsing, in strongest and most emphatic terms, the war measures of Presi- dent Madison. During the period from 1804 to 1814 the two law students, Woodbridge and Cass, had be- come widely separated. The latter was Governor of the Territory of Michigan under the historic "Governor and Judges" plan, with the indispensable requisite of a Secretary of the Territorry. This latter position was, in 1814, without solicitation on his part, tendered to Mr. W. He accepted the position with some hesita- tion, and entered upon its duties as soon as he could make the necessary arrangements for leaving Ohio. The office of Secretary involved also the duties of collector of customs at the port of Detroit, and during the frequent absences of the Governor, the dischargeof of his duties, also including those of Superintendent of Indian Affairs. Mr. W. officiated as Governor for about two years out of the eight years that he held the office of Secretary. Under the administration of "Gov- ernor and Judges," which the people of the Territory preferred for economical reasons, to continue some time after their numbers entitled them to a more popular representative system, they were allowed no delegate in Congress. Mr. W., as a sort of informal agent of the people, by correspondence and also by a visit to the National capital, so clearly set forth the demand for representation by a delegate, that an act was passedin Congress in r819 authorizing one to be chosen. Under this act Mr. W. was elected by the concurrence of all parties. His first action in Congress was to secure the passage of a bill recognizing and confirming the old French land titles in the Territory according to the terms of the treaty of peace with Great Britain at the close of the Revolution; and another for the construction of a Government road through the "black swamps" from the Miami River to Detroit, thus open- ing a means of land transit between Ohio and Mich- igan. He was influential in securing the passage of bills for the construction of Government roads from Detroit to Chicago, and Detroit to Fort Gratiot, and for the improvement of La Plaisance Bay. The ex- pedition for the exploration of the country around Lake Superior and in the valley of the Upper Mis- sissippi, projected by Governor Cass, was set on foot by means of representations made to the head of the department by Mr. W. While in Congress he stren- uously maintained the right of Michigan to the strip of territory now forming the northern boundary of Ohio, which formed the subject of such grave dispute between Ohio and Michigan at the time of the ad- mission of the latter into the Union. He served but one term as
delegate to Congress, de- clining further service on account of personal and family considerations. Mr. W. continued to discharge the duties of Secretary of the Territory up to the time its Government passed into the "second grade."
In 1824, he was appointed one of a board of commissioners for adjusting private land claims in
the Territory, and was engaged also in the practice of his profession, having the best law library in the Ter- ritory. In 1828, upon the recommendation of the Governor, Judges and others, he was appointed by the President, J. Q. Adams, to succeed Hon. James With- erell, who had resigned as a Judge of what is conven- tionally called the "Supreme Court" of the Territory. This court was apparently a continuation of the Terri- torial Court, under the "first grade" or "Governor and Judges" system. Although it was supreme in its ju- dicial functions within the Territory, its powers and duties were of a very general character.
In 1832, the term of his appointment as Judge ex- piring, President Jackson appointed a successor, it is supposed on political grounds, much to the disappoint- ment of the public and the bar of the Territory. The partisan feeling of the time extended into the Terri- tory, and its people began to think of assuming the dignity of a State government. Party lines becom- ing very sharply drawn, he identified himself with the Whigs and was elected a member of the Conven- tion of 1835, which formed the first State Constitution. In 1837 he was elected a member of the State Senate.
This sketch has purposely dealt somewhat in detail with what may be called Judge W's. earlier career, because it is closely identified with the early his- tory of the State, and the development of its politi- cal system. Since the organization of the State Gov- ernment the history of Michigan is more familiar, and hence no review of Judge W's career as Governor and Senator will be attempted. He was elected Gov- ernor in 1839, under a popular impression that the affairs of the State had not been prudently adminis- tered by the Democrats. He served as Governor but little more than a year, when he was elected to the Senate of the United States.
His term in the Senate practically closed his polit- ical life, although he was strongly urged by many prominent men for the Whig nomination for Vice President in 1848.
Soon after his appointment as Judge in 1828, Gov- ernor W. took up his residence on a tract of land which he owned in the township of Spring Wells, a short distance below what was then the corporate lim- its of Detroit, where he resided during the remainder of his life. Both in his public papers and private communications, Governor W. shows himself a mas- ter of language; he is fruitful in simile and illustra- tion, logical in arrangement, happy in the choice and treatment of topics, and terse and vigorous in expres- sion. Judge W. was a Congregationalist. His opinions on all subjects were decided; he was earnest and energetic, courteous and dignified, and at times ex- hibited a vein of fine humor that was the more at- tractive because not too often allowed to come to the surface. His letters and addresses show a deep and earnest affection not only for his ancestral home, but the home of his adoption and for friends and family.
113
GOVERNORS OF MICHIGAN.
JOHN S. BARRY
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OHN STEWARD BARRY, Governor of Michigan from Jan. 3, 1842, to Jan. 5, 1846, and from Jan. 7, 1850, to Jan. I, 1852, was born at Amherst, N. H., Jan. 29, 1802. His par- ents, John and Ellen (Steward) Barry, early removed to Rocking- ham, Vt., where he remained until he became of age, working on his father's farm, and pursuing his studies at the same time. He mar- ried Mary Kidder, of Grafton, Vt., and in 1824 went to Georgia, Vt., where he had charge of an academy 'for two years, meanwhile studying law. He afterward practiced law in that State. While he was in Georgia he was for some time a member of the Governor's staff, with the title of Governor's Aid, and at a somewhat earlier period was Captain of a company of State militia. In 1831 he removed to Michigan, and settled at White Pigeon, where he engaged in mercantile business with I. W. Willard.
Four years after, 1834, Mr. Barry removed to Con-
stantine and continued his mercantile pursuits. He became Justice of the Peace at White Pigeon, Mich., in 1831, and held the office until the year 1835. Mr. Barry's first public office was that of a member of the first constitutional convention, which assembled and framed the constitution upon which Michigan was admitted into the Union. He took an important and prominent part in the proceedings of that body, and showed himself to be a man of far more than ordinary ability.
Upon Michigan being admitted into the Union, Mr. Barry was chosen State Senator, and so favorably were his associates impressed with his abilities at the first session of the Legislature that they looked to hini as a party leader, and that he should head the State ticket at the following election. Accordingly he re- ceived the nomination for Governor at the hands of his party assembled in convention. He was elected, and so popular was his administration that, in 1842, he was again elected. During these years Michigan was embarrassed by great financial diffi- culties, and it was through his wisdom and sound judg- ment that the State was finally placed upon a solid financial basis.
During the first year of Gov. Barry's first term, the University at Ann Arbor was opened for the reception
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II4
JOHN STEWARD BARRY.
of students. The Michigan Central and Michigan Southern railroads were being rapidly constructed, and general progress was everywhere noticeable. In 1842, the number of pupils reported as attending the public schools was nearly fifty-eight thousand. In 1843, a State land office was established at Marshall, which was invested with the charge and disposition of all the lands belonging to the State. In 1844, the tax- able property of the State was found to be over twenty-eight millions of dollars, the tax being at the rate of two mills on the dollar. The expenses of the State were only seventy thousand dollars, while the income from the railroads was nearly three hundred thousand dollars. At this time the University of Michigan had become so prosperous that its income was ample to pay the interest on the University debt ; and the amount of money which the State was able to loan the several progressing railroads was one hundred and twenty thousand dollars. Efforts were made to increase the efficiency of the common schools with good results In 1845, when Gov. Barry's sec- ond term expired, the population of the State was more than three hundred thousand.
The constitution of the State forbade more than two consecutive terms, but he was called upon to fill the position again in 1850-the only instance of the kind in the history of the State. He was a member of the Territorial Legislature, of the Constitutional Conven- tion, and afterward of the State House of Represent- atives.
During Mr. Barry's third term as Governor the Nor- mal School was established at Ypsilanti, which was endowed with lands and placed in charge of a board of education consisting of six persons. A new con- stitution for the government of the State was also adopted and the "Great Railway Conspiracy Case " was tried. This grew out of a series of lawless acts which had been committed upon the property of the Michigan Central Railroad Company, along the line of their road, and finally the burning of the depot at Detroit, in 1850.
At a setting of the grand jury of Wayne County, April 24, 1851, 37 men of the 50 under arrest for this crime were indicted. May 20, following, the accused parties appeared at the Circuit Court of Wayne, of which Warner Wing was resident judge. The Rail- road Company employed ten eminent lawyers, in- cluding David Stuart, John Van Arman, James A. Van Dyke, Jacob M. Howard, Alex. D. Fraser, Dan- iel Goodwin and William Gray. The defendants were represented by six members of the State bar, led by William H. Seward, of New York. The trial occupied four months, during which time the plaintiffs exam- ined 246 witnesses in 27 days, and the defendants 249 in 40 days. Mr. Van Dyke addressed the jury for the prosecution; William H. Seward for the defense.
The great lawyer was convinced of the innocence
of his clients, nor did the verdict of that jury and the sentence of that judge remove his firm belief that his clients were the victims of purchased treachery, rather than so many sacrifices to justice.
The verdict of " guilty " was rendered at 9 o'clock P. M., Sept. 25, 1851. On the 26th the prisoners were put forward to receive sentence, when many of them protested their entire innocence, after which the pre- siding judge condemned 12 of the number to the fol- lowing terms of imprisonment, with hard labor, within the State's prison, situate in their county : Ammi Filley, ten years; Orlando L. Williams, ten years; Aaron Mount, eight years ; Andrew J. Freeland, eight years; Eben Farnham, eight years; William Corvin, eight years; Richard Price, eight years; Evan Price, eight years; Lyman Champlin, five years ; Willard W. Champlin, five years; Erastus Champlin, five years; Erastus Smith, five years.
In 1840, Gov. Barry became deeply interested in the cultivation of the sugar beet, and visited Europe to obtain information in reference to its culture.
He was twice Presidential Elector, and his last public service was that of a delegate to the National Democratic Convention held in Chicago in 1864.
He was a man who, throughout life, maintained a high character for integrity and fidelity to the trusts bestowed upon him, whether of a public or a private nature, and he is acknowledged by all to have been - one of the most efficient and popular Governors the State has ever had.
Gov. Barry was a man of incorruptible integrity. His opinions, which he reached by the most thorough investigation, he held tenaciously. His strong con- victions and outspoken honesty made it impossible for him to take an undefined position when a principle was involved. His attachments and prejudices were strong, yet he was never accused of favoritism in his administration of public affairs. As a speaker he was not remarkable. Solidity, rather than brilliancy, char- acterized his oratory, which is described as argument- ative and instructive, but cold, hard, and entirely wanting in rhetorical ornament. He was never elo- quent, seldom humorous or sarcastic, and in manner rather awkward.
Although Mr. Barry's educational advantages were so limited, he was a life-long student. He mastered both ancient and modern languages, and acquired a thorough knowledge of history. No man owed less to political intrigue as a means of gaining posi- tion. He was a true statesman, and gained public es- teem by his solid worth. His political connections were always with the Democratic party, and his opin- ions were usually extreme.
Mr. Barry retired to private life after the beginning of the ascendency of the Republican party, and car- ried on his mercantile business af Constantine. He died Jan. 14, 1870, his wife's death having occurred a year previous, March 30, 1869. They left no children.
Nephews Filch
GOVERNORS OF MICHIGAN.
117
ALPHEUS FELCH.
LPHEUS FELCH, the third Governor of Michigan, was born in Limerick, Maine, Sep- tember 28, 1806. His grand- father, Abijah Felch, was a sol- dier in the Revolution ; and when a young man, having with others obtained a grant of land be- · tween the Great and Little Ossipee Rivers, in Maine, moved to that re- gion when it was yet a wilderness. The father of Mr. Felch embarked in mercantile life at Limerick. He was the first to engage in that business in that section, and continued it until his death. The death of the father, followed within a year by the death of the mother, left the subject of this sketch, then three years old, to the care of relatives, and he found a home with his paternal grandfather, where he re- inained until his death. Mr Felch received his early education in the district school and a neighboring academy. In 1821 he became a student at Phillips Exter Academy, and, subsequently, entered Bowdoin College, graduated with the class of 1827. He at once began the study of law and was admitted to practice at Bangor, Me., in 1830.
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