USA > Michigan > St Clair County > St. Clair County, Michigan, its history and its people; a narrative account of its historical progress and its principal interests, Vol. I > Part 11
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REPORTS OF INDIAN AGENT JOUETT AND JUDGE WOODWARD
The United States did not obtain possession of this region until July, 1796, and although there was considerable clamor to have con- gress adopt some system by which land titles could be adjusted and settled, matters proceeded very slowly. In 1803 C. Jouett, the Indian agent at Detroit, was instructed to report on the claims to land in his district. In following out his instructions he evidently proceeded to visit all the settlements from Otter creek below Detroit, up along Lake St. Clair, and St. Clair river, and in a report dated July 25, 1803, he describes with some fullness the existing situation. The part of his report relating to St. Clair county is as follows: "From the salt springs (which are located on a small stream four miles east of Huron river and three miles up the stream), to the mouth of the River Sinelair,
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the lands are rather too low and marshy. Two Canadian families have notwithstanding settled on them, who took possession of the spots they respectively occupy in the year 1801.
"From the mouth of the River Sinclair (by which he means the North channel from its entrance into Anchor bay), six miles up, are twelve farms that front the river in the usual manner from three to four and five acres, and forty back, none exceeding in quantity 240. This land differs from the face of this country generally. Its soil possesses every mark of poverty, sandy and low in the extreme. Noth- ing exists to recommend this settlement except its bordering on one of the most delightful rivers in the western world. The only pretension these people have to their farms is derived from a simple possession taken unobtrusively in the years 1780. 1785. and 1790. They are all Canadians (meaning of French descent). From this settlement for twelve miles up the river not a vestige of a house can be seen, owing, I suppose, to its being for that distance a perfect barren. When you are suddenly and agreeably surprised with a presentation of fertile and well improved farms, edging the river to the extent of ten miles to the amount of twenty-five farms now under cultivation and laid off on the river as other settlements in this country. with this difference, that the claimants extend their farms ten and twenty acres in front of the river and in two instances from forty-five to fifty. all running back to one rear line which is by survey forty acres. Three thousand seven hundred and fifty-nine acres of this land were purchased of the li- dians by Patrick Sinclair, British commandant at Fort Sinclair. in the year 1765, who held it until the year 1782, during that time de- riving from it a considerable profit as a pinery. In the year 1782 he left this country and gave it by deed of gift to a Canadian by the name of Vatiren, who sold it in the year 1784. by the auctioneer at public sale, at which time Meldrum & Park, a mercantile house of this country, became the purchasers, who have since that period claimed it as their property. and erected upon it valuable improvements. There are, notwithstanding. five families upon it besides a tenant of Meldrum & Park, who forcibly settled farms they severally occupy. in the year 1800. The other nineteen farmers claim under Indian deeds, in the years 1780 and 1782.
"The River Sinelair is in length forty-five miles and in beauty and convenience of navigation preferable to Detroit. though it is not quite as wide. Such is its transparency that the eve can distinguish at its bottom in fifteen feet of water. the most minute object. In it there are no shoals and in depth. generally five and six fathoms."
In March, 1805, congress passed an act providing for the appoint- ment of commissioners to examine the claims of persons claiming lands in the district of Detroit. and for the filing of notice of claim by such persons, whether the claim be made under grants from the French or British governments, or by virtue of actual possession and improve- ment or for any other account whatever. Claims were required to be. filed by the first of November following.
In reply to inquiry made by Albert Gallatin, secretary of the treasury, Judge Woodward, the presiding judge of the territory of
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Michigan, made a report dated January 4, 1806. Ile divides the titles of the lands in the territory into six classes. No. 5, consisting of oe- cupancies without any permission whatever, but accompanied by un- disturbed possession, together with extinguishment of native right by individuals, while the country belonged to Great Britian. No. 6 con- sisting of oeeupancies and extinguishments of native rights by indi- viduals since the country has appertained to the United States. and states that along and north of Lake St. Clair in a country of which the Indian title is not yet clearly extinguished by the government of the United States, there are 123 farms claimed under these two classes of title.
In a supplemental report dated January 17, 1806, Judge Woodward refers to the proclamation of the English king made in 1763, restrict- ing the extinguishment of native title, but states that notwithstanding this proclamation the British officers and subjects continued to make purchases and settlements, and cites the case of Patrick Sinclair. com- mandant of Fort Sinclair, who purchased 4,000 acres from the Indians in 1765, and says in 1780 there were four settlements made at Pointe au Tremble, in 1782 there were nineteen settlers adjacent to the tract of Patrick Sinclair, in 1785 four settlers were added to those at Pointe au Tremble. and in 1790 a few more were added to the last settlement, in 1800 and 1801 about six families were added to those on the River Sinclair. During all this time great anxiety existed among the people to obtain regular titles.
In December. 1805, the commissioners of the district of Detroit made their report, and in March, 1806. Judge Woodward made an examination of their report for the benefit of congress, and among other things reported "though it is more than twenty years since the right of the United States to the territory of Michigan was acquired, though twelve years have elapsed since the possession under that right has been made secure and though the actual possession is of ten years' duration. yet there exists at this day in a country nearly a century and a half old, and nearly a quarter of a century the property of the United States, only cight legal titles to land, and those still wearing the fet- ters of antiquated despotism." He then recommends the confirmation to the occupants, who were mainly poor Canadians-meaning those of French descent-of the land occupied by them up to 640 acres.
CONGRESSIONAL REGULATION OF TITLES
All these considerations finally induced congress to act, and March 3, 1807, an act was approved to regulate grants of land in the territory of Michigan, and on April 25, 1808, after the Indian rights to this section had been obtained, a supplemental act was approved for the same purpose.
Under these acts every person claiming lands within that part of Michigan Territory, to which the Indian title had been extinguished, either by virtue of any legal grant made by the French government prior to February 10, 1763-the date of the treaty of Paris-or of any legal grant made by the British government after the treaty of Paris.
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and prior to the treaty of peace, September 3, 1783, and every person in the actual possession, occupancy and improvement of any tract or parcel of land in his own right at the time of the passing of the act which tract or parcel was settled, occupied and improved prior to July 1, 1796, and the occupancy had continued up to the passing of the act, should be confirmed in the title to the land as an estate of in- heritance in fee simple, provided that the tract claimed should not ex- ceed 640 acres.
The act further provided for a board of commissioners to whom the claimants should present evidence of their claim, and who should have power to hear and decide in a summary manner all matters re- specting said claims. They should keep minutes of their proceedings and decisions and give to claimants entitled to them, certificates stating the land to which they were entitled. The tracts were then to be surveyed and upon return to the secretary of the treasury, patents should issue. The time for filing these claims was set for January 1, 1809. Subsequently in 1820 the powers of the commissioners were re- vived and claimants given further time to file notice of their claims and this time was again extended to November 1, 1823. Under the re- vived commission, however, the board was required to report its find- ings and conclusions to congress, and did not have the power itself of final decision, but in April, 1828, congress passed an act that all claims purporting to be confirmed or recommended for confirmation by the commissioners, should be confirmed. Under the acts of 1807 and 1808 the commissioners sat at Detroit, and many claims were presented. Records were kept as prescribed by the acts, and when Detroit was surrendered to the British in 1812, these records fell into their hands and were not all restored at the termination of the war. The first meeting was held June 29, 1807. and the last meeting of which the records are preserved was held February 28. 1811, when adjournment was taken to the next morning. During this time 738 claims were pre- sented to the board, of which forty-six related to land in St. Clair county. Of these claims all were allowed, generally for the amount claimed, except seven, and possibly some of these may have been al- lowed, although there is now no evidence upon the subject.
LAND CLAIMS IN THE COUNTY
When the commission was revived there were presented sixteen claims for land in St. Clair county and of these thirteen were allowed or recommended for confirmation. The total number of claims pre- sented before both boards was 754 and the number of claims presented for land in St. Clair county was sixty-two, of which fifty-two were al- lowed, granting a total acreage of about 19,500 acres. Nine claims for land in St. Clair county were allowed upon the testimony of Jean Marie Beaubien, who was himself a claimant.
Although none of the claimants based any rights upon the conveyances from the Indians, yet as a matter of fact in a good proportion of the cases the original possession had been taken under such conveyances, which, when obtained, were for the most part in direct opposition to the
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proclamation of the English king, and the acts of congress of the Con- federation. Apparently in two cases some attempt was made to obtain the official sanction of the English government. Patrick Sinclair, about 1765 received a deed from the Indians which he stated in 1783 to have been executed in the presence of the officer commanding at Detroit, and of his majesty's Indian agent, and also to have been authorized by Gen- eral Gage, commander-in-chief of the English forces in America.
Subsequently in 1795 George Meldrum and William Park, merchants of Detroit, obtained a confirmation of this grant by another deed from the Chippewas, signed by twenty-seven chiefs. This tract as described in the subsequent deed, began at a creek opposite the end of Stag island, called Isecorse river, then down St. Clair river to a point about two miles above the entrance of Belle river, extending back four miles in depth, containing as surveyed 33,759 acres.
In 1780 five chiefs conveyed a large tract immediately north of and adjoining the Sinelair tract, to Duperon Baby, of Detroit, a prominent and influential French trader, who afterwards became Indian agent and member of the Hesse Land Board. This tract began at the lower end of Isle au Cerf, or Stag island, thence up river to Lake Huron, thence along the lake two leagues and up Riviere Du Lhud or Black river "as far as said river is navigable for rafting timber, the whole tract 5 leagues in depth." This deed is certified to before a justice of the peace at Detroit, and A. S. De Peyster, major of King's regiment, commanding at Detroit.
Other deeds of considerable amounts of land along St. Clair river were given by the Indians at about the same time, in a number of cases the same land was granted two or three times. Thus deeds were given to William Tucker, Jr., a son of William Tucker, official interpreter for the Chippewas, and highly regarded by them; to Alexander Dyce. Thomas Cox, and his wife, Margaret; Thomas Williams, James Thomp- son, Meldrum & Park, all merchants of Detroit; to George Cottrell, then a dealer in furs, afterwards a prominent man in this county ; to Thomas Smith, afterwards member of the Hesse Land Board; to Richard Corn- wall, a master shipbuilder; to James May, a very prominent official in Detroit; to Bernardus James and William Harsen; to Graveraet and Fontenoy, and to a few others. These deeds all purported to be in con- sideration of the good will experienced by the Indians toward the grantees, and while with the possible exception of the Sinclair and Baby deeds they were of no validity whatever. they did furnish in a number of eases, by reason of the possession taken under them, the basis of the claim made to the United States authorities under the act of 1808. Thus George Cottrell went into possession under his Indian deed as did Mel- drum and Park in several places, obtaining a grant for each place they eould prove possession of. and in several other cases there had been a transfer of rights to the claimant by a grantee from the Indians.
When the proceedings were taken before the Land Board in 1808 and following years, evidently there was little formality. Each claimant was required to file a claim stating in general terms its location, boun- daries, and amount of land included. In most cases the claim was in
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terms of arpents. thus, on July 1, 1808, Pierre Mini entered his claim for a tract of land on St. Clair river as follows:
"DETROIT, July 1, 1808. To Peter Audrain, Register of the Land Office at Detroit. Sir: Take notice that I now enter with the Com- missioners of the Land Office at Detroit my claim to a tract of land situate on the River St. Clair, containing six arpents in front by forty in depth, bounded in front by said River St. Clair, in rear by uneon- ceded lands, above by Francois Chartier. and below by unconceded lands. I claim and I set up title by virtue of long possession, occupancy, and improvements made by me or those from whom I derive title.
his PIERRE X MINI. mark."
"Witness, PETER AUDRAIN.
After hearing the testimony offered, the record continues: "And thereupon it doth appear to the Commissioners that the claimant is entitled to the above described tract of land. and that he have a certifi- cate thereof which certificate shall be No. 203. and that he cause the same to be surveyed and a plot of the survey with the quantity of land therein contained. to be returned to the Register of the Land Office at Detroit."
An arpent was a French measure of area. somewhat smaller than the English aere, but for purposes of convenience it was generally reckoned as substantially equivalent to the aere, although in fact it is about eight per cent less. The allowance by the commissioners and the subsequent patents issued by the United States all state the quantity granted in terms of acres.
The claims presented to the Land Board of 1808 are as follows, be- ginning at the southwest corner of the county, the line between the counties of St. Clair and Macomb cutting through the two first claims :
No. 614. Francois Marsac, 12 acres wide by 40 deep. Allowed on testimony of Pierre Yax. that he had been in possession before July 1. 1796, and that it was sold to claimant in February. 1808. In this deed the land is described as situated "on Pointe au Cotoner," or at the Cotton point.
No. 627. Pierre Yax, 12 arpents by 40. Allowed on testimony of Louis Champagne that claimant was in possession July 1. 1796, and had about five acres under cultivation.
No. 203. Pierre Mini, 6 arpents by 40. Allowed on testimony of Antoine Nicholas Petit as to requisite possession.
No. 311. Pierre Delorme, 3 arpents by 40. Allowed on testimony of Francois Chartier, that on July 1. 1796, Jacques Toulouse was in possession, who afterwards sold to one Reynier, who sold to Brindamour. who in turn conveyed to claimant.
In a return of the taxable property in St. Clair township in Septem- ber, 1802, at that time a part of Wayne county, Jacques Toulouse appears as a taxpayer, probably of this property. The Brindamour is the same
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man who occupied at an early date land in what is now the city of Port Huron, and is described in his deed as carpenter, of River St. Clair. One of the witnesses to the deed to claimant is Marie Racine, the daugh- ter and sole heir of Jean Baptiste Racine, through whom the land in- cluded within Thorn's Plat in Port Huron was obtained by Thorn.
No. 198. Ignace Champagne, 4 arpents by 40. Allowed on testi- mony of William Hill as to occupancy. In the tax list of 1802 the claimant appears.
No. 309. Francois Chartier, Sr., 3 arpents by 40. Allowed on testi- mony of Jean Marie Beaubien that claimant had been in possession since 1791 or 1792. The name of this claimant. as of many other of the early French names, has been changed and corrupted so as to be scarcely recognizable. As now commonly spelled and pronounced. it appears as Shirkey. This claimant also appears on the 1802 tax roll.
No. 202. Pierre Mini, 6 arpents by 40. Allowed on testimony that claimant had been in possession for more than 20 years. He also was on the tax list of 1802.
No. 301. Joseph Bassinet. 3 arpents by 40. Allowed on testimony of J. M. Beaubien as to possession. The name of this claimant has in the process of time become Basney, in which form it now generally appears. Bassinet was in the tax list of 1802.
No. 196. Heirs of Jacob Hill. 6 acres by 40. Allowed on testimony of Ignace Champagne. Jacob ITill was living in 1802, as his name ap- pears on the tax list under the form Jacob Ille, the list being made by Lonis Campan, a Frenchman.
No. 732. Meldrum and Park. 3 aeres by 40. Allowed on testimony of Jean Semar.
No. 197. Heirs of Jacob Hill. 3 acres by 40. Allowed on same testimony as No. 196.
No. 190. Alex Harrow. 8 acres by 40. Allowed on testimony of Ignaee Champagne that Louis Champagne had occupied the land before July 1, 1796, and in 1797 he had sold it to one Pratt, who sold it the same year to the claimant, who appears in the 1802 tax list as Alex Harris, employing two hired men and owning three horses and six cows, one of the largest taxpayers in the township.
No. 200. James Harrow, 16 aeres by 40. Allowed on testimony of George Cottrell. This claimant was a son of Alex.
No. 188. Alex Harrow. 16 aeres by 40. Allowed on same testimony as No. 200.
No. 245. Toussaint Chovin, 3 acres by 40. Allowed on testimony of Jean Simare.
No. 318. James Cartwright, 6 aeres by 40. William Thorn fur- nished the necessary evidence of occupancy. Cartwright purchased from Alex Harrow in 1796.
No. 191. Samuel Cribble. 4 acres by 40. This claimant also pur- chased from Alex HIarrow, and the evidence of possession was furnished by George Cottrell.
No. 253. William Thorn. 714 acres by 40. Allowed upon the evi-
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dence of George Meldrum. In the tax list of 1802 this claimant is credited with one hired man, two horses and six cows.
No. 252. Heirs of John Wright, 434 arpents by 40. Allowed upon the testimony of George Meldrum that Wright was in possession many years before 1796.
No. 568. James Robison, 634 acres by 40. The name of this claim- ant was properly Robertson and allowance was made on the testimony of William Hill. The name appears on the tax list of 1802.
No. 206. Antoine Nicholas Petit, 7 arpents by 40. Allowed upon the testimony of Joseph Mini that the land had been occupied con- tinuously from before July 1, 1796 by Antoine Mini, Robert McNiff and Joseph Rowe and claimant.
No. 204. Heirs of Antoine Mini, 61/2 acres by 40. The testimony of Antoine Nicholas Petit indicated that Mini and his family had been in possession since 1788 or longer.
No. 186. George Cottrell, 10 acres by 40. Cottrell had gone into possession of this and Claim No. 188 under a deed from the Indians made in 1781, and this claim was allowed for 300 acres on the testimony of Alex Harrow. Cottrell is in the tax list of 1802 with two hired men, four horses and sixteen cows, and with one exception is the largest prop- erty holder in the township.
No. 308. Jean Baptiste Daunay. 3 arpents by 40. Possession shown of Joseph Ambroise Tremble before 1796, followed by that of Beaubien, Jean Baptiste Yax and claimant. Allowed.
No. 187. George, Jr., Henry, John, James, David Cottrell. 16 acres by 40. This claim was made by George Cottrell in the name of his sons, and allowed upon the same testimony as No. 186, for 400 acres.
No. 598. Heirs of Jean LeMay, 5 acres by 100. Possession estab- lished by testimony of Joseph Robitaille.
No. 358. Meldum and Park, 10 acres by 30. Harry Saunders and Peter Curry testified to possession of this tract for the necessary time. Saunders was a negro, who was for a long time the servant or slave of Meldrum and Park, merchants of Detroit. and it is said they gave him the use of this farm during his life, and certain it is that they did not sell it until after his death. At the time of the proof of claim in 1808 there were 50 acres enclosed. On the tax list of 1802 appears Henry le negre assessed with one horse and one cow.
No. 243. Jean Marie Beaubien, 16 acres by 40. Allowed upon the testimony of Toussaint Chovin. Beaubien had in 1781 obtained, with Meldrum and Park, a deed from the Indians to a large traet. and had occupied more than one parcel. This claimant appears in the tax list of 1802, and in August, 1805, was commissioned by Governor Hull, a justice of the peace, and the following month he was appointed lieu- tenant of a militia company to be composed of the men living along the river from Lake Huron to Lake St. Clair. This tract was in 1815 sold to Andrew Westbrook, who occupied it as his home farm.
No. 302. Joseph Ricard, 312 arpents by 40. Allowed upon testi- mony of George Meldrum, that this had been part of the Meldrum and Park land (see above), and sold by them to claimant in 1806. It had been occupied by Lariviere and Gerard as tenants.
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No. 310. Oliver Rieard, 4 arpents by 40. Allowed on testimony of Francois Chartier, Sr., that J. M. Beaubien had been in possession prior to July 1, 1796, and continued until he sold to claimant in 1802.
No. 303. Jean Marie Beaubien, 16 arpents by 40. Allowed on testi- mony of George Meldrum.
Nos. 304, 305, 306, 307-Were claims originally belonging to Mel- drum and Park, but presented and allowed for 640 acres each in the names of four sons of George Meldrum, named respectively, John, James, William and David Meldrum. 1. These claims were part of the tract purchased by Meldrum and Park from Patrick Sinclair, near the mouth of Pine river, and for which later in 1795 they obtained a deed from the Indians. Nos. 304 and 305 front on St. Clair river. Nos. 306 and 307 are along Pine river and back of the other two. The proof regarding possession of this claim was furnished by Jean Marie Beau- bien, who testified that Meldrum and Park had occupied No. 304 by tenants since before July 1, 1796; upon this claim south of Pine river was the big house-probably the one built by Sinclair. These same tenants also used No. 305, which before July 1, 1796, was used by George Knaggs as tenant. Hay was cut every year on No. 306 and five or six acres cultivated. The claim presented for No. 307 describes it as being where there was formerly a large and commodious water grist and saw- mill, built in the year 1793, and consumed by fire in 1803. Beaubien testified that the elaimants were in possession before 1796 and the build- ings were consumed by fire in 1803, which occurred, according to tradi- tion, at a time when all the people were at Detroit attending some church ceremony.
Although the claim was granted because of the occupancy through these buildings, it happened that when these claims were surveyed the permitted amount of land, 640 acres to a claim, was laid off. and the location of these improvements left outside the lines, and they fell within the lines of section 27, St. Clair township.
No. 406. Meldrum and Park, 30 acres by 20. Allowed on testimony of Jean Simare that before July, 1796, cliamants were in possession by tenants Réné, Tremble and others. After that Ignace Krisler and Jean Baptiste Deschamps occupied it.
No. 255. Meldrum and Park, 20 acres by 30. In the notice of claim this tract is described as bounded on the south by Mill creek. J. M. Beaubien testified that in 1790 apple trees were planted, houses built and a saw-mill erected and that the claimants had continued to occupy it from that time.
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