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 24
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The governor went to Washington in the winter of 1805, leaving Stanley Griswold, the secretary of the territory, as acting governor, and the latter, on January 6, 1806, made the following appointments for the two companies to be formed along St. Clair river : For one company, Jean Marie Beaubien, captain ; Pierre Mini, lieutenant; Francis Bon- homme, ensign; for the other company, George Cottrell, Jr., captain ; Joseph Mini, lieutenant; William Brown, ensign.
At about the same time an order was issued suspending the general order of September 27. 1805, requiring the soldiers to appear in full uniform, and in that order Jean Marie Beaubien was appointed aide-de- camp to the commander, to take rank as lieutenant-colonel.
On February 11, 1806, on the advice of Lieutenant-Colonel Cottrell, the acting commander established the following limits to the companies
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on St. Clair river : "The company to be commanded by Captain Francois Bonhomme to commence at the lower end of Lake Huron and descend on the River St. Clair to the mouth of Belle river. The company com- manded by Captain George Cottrell, Jr., to commence at the mouth of Belle river and extend to the mouth of River St. Clair, including the most southern and western inhabitants in that vicinity." It will be remembered that the North channel, so-called, was at that time generally regarded as the main channel of St. Clair river.
In these companies Francois Bonhomme was appointed captain in the place of Beaubien, and Jean Baptiste Racine, ensign, in the place of Bonhomme, and Pierre Mini was transferred as lieutenant to Captain
Steamboat Sen Gratiot
Cottrell's company, and Lieutenant Joseph Mini to Captain Bonhomme's company.
THREATENED INDIAN OUTBREAK
It would appear from a general order issued by the acting com- mander June 2, 1806, that the Indians were not on friendly terms with the Americans and an outbreak was threatened. In choice of language the secretary was not inferior to the governor: "An alarm pervades the territory, and a system of thorough defence is indispensably neces- sary. * When the meditated blow of the savages is to be struck, no one knows, but that a blow is contemplated can scarcely be doubted. * * * Prepared as we ought to be, we shall defeat its effects; un- prepared, we shall fall a certain sacrifice. Horrible consideration !" He then orders the field officers of the battalion on River St. Clair to direct their captains to detach as many men as necessary as scouts or patrols by day, or gnards by night, and everything of importance to be communicated to the commander-in-chief. He also directed a stockade
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HISTORY OF ST. CLAIR COUNTY
or block-house to be prepared on the River St. Clair at such place as the commanding officer should designate.
In the same order he directed the companies to muster every Sunday at four o'clock except that the River St. Clair battalion was left to the discretion of its field officers as to whether or not it should muster.
The Indian war did not materialize and the following year, in 1807, Governor Hull made a treaty with the Indians by which they ceded to the United States all claim to the southeastern part of the territory, includ- ing Detroit and St. Clair rivers, so that there was no longer fear of them, although for many years later the Indians were numerous and, especially during the War of 1812, committed many depredations.
On April 22, 1811, George MeDougall, then adjutant-general of the territory, issued an order relative to the battalion, appointing Elisha Harrington adjutant in the place of Robert MeNiff. resigned; Pierre Mini captain in place of George Cottrell, Jr., resigned; Samuel Grabel in place of Mini, promoted; and Henry Cottrell ensign in place of Me- Niff, resigned.
There is no evidence that the St. Clair militia took any part in the War of 1812, and it was not until the Americans regained possession of Detroit in 1813 that any opportunity offered for anything other than self-protection against the Indians.
The militia organization was revived by General Cass after he be- came governor. The First Regiment assembled January 11, 1814, and from the St. Clair River company there appeared three officers and thirty-eight privates. This company rapidly disintegrated and in August of the same year it was referred to as broken up.
On March 28, 1816, Adjutant-General MeDougall established a new River St. Clair company to comprehend the Point au Tremble and the Belle river settlements, and appointed Joseph Mini, captain; Henry Cottrell, lieutenant, and William Brown, ensign. In August, 1818, Governor Cass appointed Andrew Westbrook, captain; Henry Cottrell, lieutenant, and Lambert Beaubien, Victor Morass and William Brown, ensigns, of a company raised along St. Clair river. In May, 1819, William Brown was promoted to lieutenant and David Cottrell to ensign. It was at a "training" or meeting of the company, held in the fall of this year, that an episode occurred which throws some light on the manners of the time. The captain was the Andrew Westbrook who had acted as the leader of a company of rangers in the War of 1812, and probably never practiced and did not believe in military discipline. Two of the private soldiers had some difficulty which they proposed to settle by a fight, which Brown prevented, although it was encouraged by the captain, who then charged Brown with disobeying his superior officer. Brown then laid charges before Major John Stockton, of Mt. Clemens, who had Westbrook brought before a court martial in August, 1820. The record of the court has not been preserved, but Brown re- signed in October, 1820, and Westbrook remained as captain.
In March, 1821, Z. W. Bunce was appointed lieutenant-colonel of the First Battalion and J. B. Petit lieutenant; and in May of the same year, John Thorn was appointed paymaster of the regiment and Henry Cottrell was made captain, Ira Marks, lieutenant, and Joseph Mini, en-
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sign, of a new company to be composed of those living south and west of Belle river, Captain Westbrook's company to be confined to those living north and east of Belle river. The newly appointed officers ap- parently did not accept, as in May, 1822, Henry Ainsworth, who had been quartermaster in the United States army, was appointed captain, David Cottrell, lieutenant, and John S. Fish, ensign. In July, 1823. Captain Ainsworth resigned and Ensign Fish was promoted to his place, and in February, 1825, John S. Fish was reappointed captain, James B. Wolverton, lieutenant, and Seth Taft, ensign. Samuel Wilson seems to
SOLDIERS' MONUMENT, PORT HURON
have succeeded Westbrook as captain of the upper company. In 1826 St. Clair county is placed in the Second brigade.
In June, 1829, the governor reports the officers as Z. W. Bunce, colonel ; Samuel Wilson, lieutenant-colonel ; John Thorn, major.
PORT HURON GUARDS (STATE ORGANIZATION)
In April, 1833, a new act relating to the militia was passed, repeal- ing all former acts and fully covering the subject, but it was a time of peace, the interest in military matters small, and even the adjutant- general failed to keep any records or make reports from 1831 to 1842. There does not seem to have been any action taken in this county, or
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HISTORY OF ST. CLAIR COUNTY
any organization effected until January, 1840, when the Port Huron Guards were organized, with Elisha B. Clark as captain. They were a rifle company, but did not draw any arms from the government, while the St. Clair Guards, who organized in September, 1843, with S. B. Brown as captain, obtained thirty-two muskets and other accoutrements, and as they formed an artillery company, they obtained in addition, in 1846, a brass six-pounder gun with carriage and appurtenances and harnesses for four horses.
There seems to have been organized in 1841 the Newport Rifles, under Captain Henry A. Caswell, but it is doubtful if this was long maintained, nor did the Port Huron Guards long exist.
MEXICAN WAR TROOPS
In April, 1842, Grover N. Buel, of Port Huron, is named as brigadier- general of the Eighth Brigade, with headquarters at Port Huron, suc- ceeding in that position Duthan Northup, which position he continued to hold until 1847, when in response to to the requisition of the President for troops for the Mexican war, he raised the B company of First Regi- ment Volunteers, was appointed its captain, and went with them to Mexico, where they were quartered at Cordova and he was attacked with the yellow fever and died its victim. His company returned and was mustered out in July, 1848.
The adjutant-general of the state, in his report of December, 1848, says, "It is a matter of state pride and congratulation to know the com- manding generals are unanimous in bestowing all due praise upon the volunteers of Michigan; they were exceeded by none in soldier-like bear- ing and discipline."
In 1844 there were two regiments in the county, the Fifteenth, com- manded by Colonel Benjamin C. Cox, of St. Clair, and the Forty-fourth, commanded by Colonel E. B. Clark, of Port Huron.
The name of the St. Clair company was the St. Clair Guards, under Captain S. B. Brown, while the one at Port Huron had become the Cass Guards, with Newton S. Carpenter as captain. Apparently the Cass Guards did not long survive as they made no response when the president called for troops in 1846, while the St. Clair Guards promptly showed up with Captain S. B. Brown, First Lieutenant Israel E. Carle- ton, Second Lieutenant F. E. Barron.
After the Mexican war, the interest in the militia seems to have languished, but in 1854 Benjamin C. Cox was colonel of the Fifteenth Regiment, with Lieutenant-Colonel Nathaniel W. Brooks, and Major Oel Rix, and in the Forty-third Regiment Elisha B. Clark, Hannibal Holli- ster and Cephas Thompson occupy the corresponding positions. After that date there are no reports and all staff offices in the Eighth Brigade, which includes these regiments, continue vacant.
In 1860, the patriotic citizens of St. Clair organized the Washington Guard, officered by Captain Wesley Truesdail, First Lieutenant Henry C. Morrill, Second Lieutenant George W. Willson, Third Lieutenant David E. Sickles.
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HISTORY OF ST. CLAIR COUNTY
THE CIVIL WAR
The Civil war soon coming on practically destroyed the state militia, until that was over.
It is not necessary in a work of this kind to attempt any description of the sacrifices made by St. Clair county in the Civil war. The pa- triotism of the county rose nobly to the call, and was second to no part of the state. The enlistments and the organizations, and their exper- iences have been fully treated in special publications by the state, but for convenience in ascertaining the record of soldiers enlisting from this county, a complete alphabetical list compiled from the various regi- mental histories will be found as an appendix to this work.
PORT HURON GUARDS REVIVED
For some years after the Civil war there was little done in the state in the way of volunteer militia organization. The veteran soldiers were too numerous and the need of any other was not felt. Before the first decade passed, however, the matter was taken up, and the Port Huron Guards, which had been organized the year before, were in July, 1874, mustered into the state militia as Company F, Third Regiment of In- fantry.
In 1895 there were internal dissensions and it was decided that the best plan to remove them was to disband the company, and on December 18, 1895, Company F was mustered out, and in February, 1896, a new Company F of the same regiment was mustered in. Edwin S. Petit, who had been the first captain in 1874, was brought in in the interests of harmony, and again became captain twenty-two years later.
SPANISH-AMERICAN WAR
When the Spanish war came on in 1898, and volunteers were called for the men of Company F took a quick and active interest. Company F of the Thirty-third Infantry was officered entirely from the Port Huron company. Captain Joseph Walsh, First Lieutenant George H. Brown, Second Lieutenant William A. Mckenzie, and the men came from the same organization, which also furnished the captain-Carl A. Wagner-of Company L, Thirty-third Infantry, and the captain-John M. Gleason-of Company F, Thirty-fifth Infantry.
After honorable service in Cuba and losing five men from sickness caused mainly by unsanitary conditions, the companies were honorably discharged and the St. Clair county men returned home. A list of the officers and men from this county appears in Appendix B.
MICHIGAN NATIONAL GUARD
In 1899 the Michigan National Guard was reorganized and a com- pany was enlisted at Port Huron which was mustered in November, 1899, as Company M, First Michigan Infantry. There was another change made in 1905, by which there was considerable shifting of com-
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HISTORY OF ST. CLAIR COUNTY
panies, and the Port Huron company became Company C, Third Michi- gan Infantry.
Since the Port Huron Guards became Company F it has been well represented on the regimental and general staff.
In 1882, Captain E. S. Petit became major of the regiment. In 1885 Captain Avery resigned to become assistant quartermaster general with rank of lieutenant-colonel.
In 1893, Captain Haynes became inspector-general.
In 1899, Lieutenant E. J. Rodgers was made judge advocate.
In 1892, Captain Boynton became lieutenant-colonel, and in 1895, eolonel of the Third Regiment, and in 1901, brigadier-general.
In 1901, Captain Brown became adjutant-general for two terms.
In 1901, Captain Harvey became major and assistant adjutant- general of the First Brigade.
In 1901, Captain Wagner became major and assistant inspector- general of the First Brigade, and in 1905, inspector-general.
In 1905, Captain Joseph Walsh was made assistant inspector-general.
COMPANY F (OLD PORT HURON GUARDS)
Since first mustered into the state militia the Port Huron company has been officered as follows :
1874-Edwin S. Petit, captain ; Hartson G. Barnum, first lieutenant ; John R. Taylor, second lieutenant.
1876-J. R. Taylor, captain; Hartson G. Barnum, first lieutenant; William J. Mulford, second lieutenant.
1878-W. J. Mulford, captain; Harry Travers, first lieutenant; El- bridge S. Post, second lieutenant.
1880-E. S. Post, captain ; Stephen H. Avery, first lieutenant; Aus- tin B. Fraser, second lieutenant.
1882-S. H. Avery, captain ; Thomas J. Hutchinson, first lieutenant; George T. Phillips, second lieutenant.
1883-S. H. Avery, captain; George T. Phillips, first lieutenant ; Morris L. Goodman, second lieutenant.
1885-G. T. Phillips, captain; Lafayette Casler, first lieutenant ; James D. Austin, second lieutenant.
1888-Frank J. Haynes, captain; K. H. Hubbard, first lieutenant ; George H. Brown, second lieutenant.
1889-K. H. Hubbard, captain; G. H. Brown, first lieutenant; C. L. Boynton, second lieutenant.
1890-C. L. Boynton, captain ; Joseph Innis, first lieutenant; John M. Gleason, second lieutenant.
1891-C. L. Boynton, captain ; G. H. Brown, first lieutenant; Joseph Walsh, second lieutenant.
1892-G. H. Brown, captain ; Joseph Walsh, first lieutenant ; William J. Duff, second lieutenant.
1893-Joseph Walsh, captain; W. J. Duff, first lieutenant; Edward J. Rodgers, second lieutenant.
1895-W. J. Duff, captain ; E. J. Rodgers (George L. Harvey), first lieutenant ; Elmer J. McCormick, second lieutenant.
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HISTORY OF ST. CLAIR COUNTY
Company F mustered out December 18, 1895; new Company F mus- tered in February 25, 1896, with the following officers: E. S. Petit, captain ; E. J. Rodgers, first lieutenant; Carl A. Wagner, second lieu- tenant.
1897-Joseph Walsh, captain; G. H. Brown, first lieutenant; Carl A. Wagner, second lieutenant.
This company went to the Spanish war in 1898, with the same officers, except William A. Mckenzie as second lieutenant in place of Lieutenant Wagner, who became captain of Company L, Thirty-third Infantry.
In November, 1899, the Michigan National Guard was reorganized and the Port Huron company became Company M, First Michigan In- fantry, with the following officers: W. J. Duff, captain; James Stuart, first lieutenant ; John S. Mann, second lieutenant.
1902-George L. Harvey, captain; James Stuart, first lieutenant ; John S. Mann, second lieutenant.
In 1905, in another reorganization, the Port Huron company became Company C, Third Michigan Infantry. It was officered as follows : G. H. Brown, captain ; J. S. Mann, first lieutenant; Andrew Rhadigan, second lieutenant.
1908-J. S. Mann, captain ; LeRoy Pearson, first lieutenant; Harry Opie (James E. Embury, S. D. Pepper), second lieutenant.
CHAPTER XIII
COURTS AND BAR
SUPREME AND COUNTY COURTS-JUSTICES AND PROBATE COURTS-JUDGE JAMES FULTON-FIRST ACTING SHERIFF-MAJOR JOHN THORN- CIRCUIT COURTS CREATED-COUNTY COURT RE-ESTABLISHED-FIRST SESSION OF CIRCUIT COURT-COUNTY COURT ABOLISHED-FIRST CIR- CUIT COURT CASE-ADMITTED TO THE BAR-LAST TERRITORIAL COURT -FIRST STATE CIRCUIT COURT-COUNTY COURTS AGAIN ESTABLISHED AND ABOLISHED-JUDGES COPELAND AND GREEN-OTHER JUDGES- PROBATE COURTS-THE BAR OF ST. CLAIR COUNTY.
In early days when settlements were scattered and opportunities for controversy few, crime was rare, except such as naturally arises with hardy open-air men who are not unwilling to settle difficulties by phy- sical strife ; legal actions were infrequent and over matters of small im- portance. To the American, brought up in the English court system, with considerable formality and great deference to the judges, no life even in the backwoods was conceivable without its courts and judges, and even the justice of the peace. who to the modern seems perhaps a necessary but vet insignificant official. a century ago was an important official, often indeed the chief man of his little community. If gifted with a good supply of common sense, even without much or any knowl- edge of technical law, his decisions were quoted and referred to widely. A trial of a contested case was an entertainment, the respective lawyers were known to everybody, and their sallies and attacks upon each other and their clients were enjoyed by the spectators, if not by the parties.
The justice drew most of the legal papers and acted as general ad- viser. Some of the early justices in this county were men of high standing and large importance in the community. John K. Smith, Z. W. Bunce. Reuben Hamilton, to mention only very early ones, were men of this kind.
When the county of St. Clair came into independent existence in 1821. it passed under the provisions of an act of the governor and judges adopted May 20, 1820.
SUPREME AND COUNTY COURTS
This act provided for a supreme court of the territory, to consist of three judges appointed by the president of the United States, this court
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HISTORY OF ST. CLAIR COUNTY
to have jurisdiction in all civil cases where the amount involved exceeded $1,000, cases of divorce and alimony, the action of ejeetment-this was a relic of the old English idea that the title and ownership of land were matters of much greater importance than questions relating to personal property-criminal cases where the punishment was capital, and cases not specially cognizable before some other court. It had concurrent jurisdiction with other courts over all other offences, and had appellate jurisdiction from the county courts.
The same act provided for a court in each county to be called the county court, with a chief justice and two associate justices, all to be appointed by the governor. This court had jurisdiction over cases both at law and in equity, where the amount involved exceeded the juris- diction of justices of the peace, and did not exceed $1,000, but did not have jurisdiction in cases of ejectment.
Appeals lay to this court from justices of the peace, who had juris- diction over cases where the amount involved did not exceed $100, and over small criminal offences.
The president had appointed as the judges of the supreme court, Augustus B. Woodward, John Griffin and James Witherell, but as they never held court in this county their career belongs to the state at large.
On May 12, 1821, Governor Cass appointed James Fulton chief jus- tice of the county court, and John K. Smith an associate justice, and on June 19th, Z. W. Bunce was made the second associate justice, thus completing this court.
JUSTICES AND PROBATE COURTS
The governor, on the same day, May 12, 1821, in order to round out the judicial system of the county, appointed John K. Smith and James Fulton justices of the peace, and that all these officers should have neces- sary assistance, he appointed Henry Cottrell sheriff, Ira Marks con- stable, and John Thorn elerk.
For some reason Henry Cottrell did not act, and on July 14th, James B. Wolverton was appointed sheriff.
During the same year the probate court for the county was provided for by the appointment of Z. W. Bunce as judge of probate, whose duties included those later performed by the register of deeds.
It will be noted that John K. Smith oceupied two judicial positions. which might be thought somewhat inconsistent; justice of the peace and associate justice of the county court. However, his confreres on the county court were equally fortunate, or perhaps the timber from which the governor was obliged to select his judicial force was scarce. for James Fulton was chief justice of the county court and a justice of the peace, while Z. W. Bunce combined the duties and emoluments of associate justice of the county court and judge of probate. and as in 1824 he became a justice of the peace, he certainly was entitled to the cognomen by which he was known to three generations, that of Judge Bunce.
It may be worth while to note the kind of men who thus had charge of the judicial interests of this county at its beginning, because it is a
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common belief, and one lying deep in our ideals of government, that the safety and perpetuity of our institutions depends greatly on the char- acter, the integrity and ability of our judiciary.
As none of the supreme judges who held office at the time St. Clair county was organized ever held court in this county, and their careers are spread large upon the records of the state, it will not be necessary to give any account of them here. Judge Bunce and John K. Smith have been spoken of elsewhere in this work.
JUDGE JAMES FULTON
James Fulton was a native of Virginia, of good education, and came to Michigan about 1817, a young man. In March, 1818, together with Edward Brooks, of Detroit, he bought from John and James Meldrum two private claims, Nos. 304 and 305, at the mouth of Pine River, and immediately set men to work on the north side of Pine river clearing land. Within a few months he bought out Mr. Brooks and thus became the sole owner of the site of the present city of St. Clair. In November of the same year be became a stockholder in the Pontiac company, organized to buy lands upon the Clinton river, in Oakland county, in- dicating that he was inoculated with the land fever. The Pontiac com- pany undoubtedly was projected largely with a view of locating the county seat upon its property, and was successful in that end.
During 1819, Mr. Fulton was active in promoting the setting off of a new county from Macomb county, which was at that time very large, including all of St. Clair county and a part of several others. In this effort he was successful, as in 1820 Governor Cass set off the county of St. Clair and located the seat of justice upon Mr. Fulton's property in the town of St. Clair, which was the name he had given to his plat. When the new county was organized in 1821 the governor appointed Mr. Fulton chief justice of the county court, and also justice of the peace. He had built for himself a house in his new town in the block south of the public square, and west of Front street, and married Harriet Thorn, a daughter of William Thorn, one of the earliest settlers along St. Clair river. He held the position of chief justice but one year, being succeeded in that position by Z. W. Bunce, but was reappointed justice of the peace in 1827.
In the meantime financial troubles had come upon him through obligations incurred in the purchase and development of his property at St. Clair, and Judge Fulton had been obliged to turn over his land and town site to Thomas Palmer and D. C. Mckinstry in 1824, under an agreement with them by which they were to carry out his obligations to the county for county buildings, and sell the property as best they could, and at the end of five years divide profits with him. But the profits realized were small, if any, and at about the end of the five year period he moved to a farm in private claim No. 206, in the township of Cottrellville. While there, he was appointed, on February 20, 1831, by Governor Cass, clerk of the county, with the stipulation that he must reside at the county seat. He had, during 1828, 1829 and 1830, been clerk of the board of supervisors.
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