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 25
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HISTORY OF ST. CLAIR COUNTY
It appears from a letter of the governor, of July 15, 1831, that Mr. Fulton did not remove to St. Clair, and that complaint was made that he kept his office at his residence, thirteen miles from the county scat, but he continued to act as clerk until March 7, 1834, when Horatio James was appointed his successor. Ile lived in Cottrellville until his death in 1849.
FIRST ACTING SHERIFF
James B. Wolverton, the first acting sheriff, came to the county in 1819, from New York state. He was a nephew of Mrs. Samuel Ward, wife of the founder of Marine City, and began his official career in Octo- ber, 1820, by an appointment as constable of St. Clair township, while this county was still attached to Macomb county. July 14, 1821, he was appointed sheriff of this county. One of his duties as sheriff was the assessment of property and collection of taxes, and there seems to have been some difficulty between him and the county commissioners with regard to taxes, as at a meeting held March 12, 1822, the board cited him to appear before them on the first Monday in June to account for the money received on the tax roll of 1821. This was probably the reason why on April 27, 1822, the Governor appointed Henry Cottrell sheriff. At the meeting of the board held June 3d, action was taken to notify "the late sheriff of the county," that motion would be made at the next meeting of the county court to amerce him for the tax roll money. The matter seems to have been settled satisfactorily without any court proceedings, and on December 2d, of the same year, the board appointed him surveyor upon a proposed alteration of the highway near the mouth of Belle river, and although the governor did not reappoint him sheriff, he did appoint him, on April 27, 1822, a justice of the peace. In 1827 he was appointed commissioner of bail, an officer whose duties were to fix the amount of bail to be given by defendants arrested on civil process.
MAJOR JOHN THORN
John Thorn was a son of Captain William Thorn, who settled on St. Clair river about 1780, and died in 1842, at the age of 93, and who was said to have been the first man to sail a boat in Lake Superior, and served as pilot to the unfortunate expedition against Fort Mackinac by the Americans in 1814. He was a native of Newport, R. I., but canie west before 1777. John was born in 1799. In 1821, upon the organization of the county, he was appointed county clerk, holding that position until September, 1827. James Fulton, who platted the town of St. Clair, was Thorn's brother-in-law, and Thorn in turn became his first customer and purchaser of lots in the new city, buying a lot on the northwest corner of Front and Adams streets, upon which the present Eber store is erected. Upon this lot Mr. Thorn built a hewed log building. which he ocenpied for a time as a store and dwelling. He added to his official duties in 1821 by becoming, by appointment of the governor, register of probate, which office ineluded the recording of deeds and other instru-
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ments. He was reappointed to this position in 1825, holding the office until April 27, 1827, when he was succeeded by Reuben Hamilton. He was again appointed. however, May 2, 1828. and held until 1835. In 1825 he sailed a boat between Black River and Detroit as a pleasing variation from his official duties. In 1829 he was appointed by Governor Cass, major in the Fifth Regiment of militia and thus acquired the title by which he was afterwards generally known. In 1844 he was elected an associate judge of the circuit court and held that office for one term of four years.
In 1831 he moved to Port Huron, then only a small settlement gen- erally known as Desmond, and in December, 1832, made a contract with Marie Germaine, daughter and sole heir of Jean B. Racine, for the pur- chase of her rights to the land subsequently included in Thorn's plat of a part of Port Huron. About five years before this purchase, Thomas S. Knapp, of Detroit, who had in 1825 built a block-house upon the north side of Black river, east of Michigan street, in what is now Port Huron, and which was occupied by James H. Cook, his brother-in-law, as a trading post, had bought from Henry Germaine. husband of Marie, his rights in the same land. Claim for this land had been made before the land board at Detroit in 1820, and recommended for confirmation by this board in 1823. No patent, however, had been issued at the time of purchase by Thorn, and considerable effort was necessary at Washing- ton with the land office to secure a patent, which was finally granted in June, 1836. In the meantime Knapp and Thorn, who were connected by Knapp's marriage to a niece of Thorn, had united their rights, under an agreement for a division of the property. Knapp died in August. 1834, from the cholera, and Thorn. upon receiving the patent, proceeded to plat the land south of Broad street into the village of Gratiot, and sell the lots. In 1849, the administrator of Knapp brought suit against Thorn for accounting, and after a bitterly contested suit, it was decided by the supreme court that Knapp's estate was entitled to a half interest in the property.
Before this decree was satisfied, Thorn himself died (May 30, 1851). leaving a widow but no children. and his heirs were the descendants of his brothers and sisters. The proceedings taken in court failed to make most of these heirs parties to the suit, and their rights therefore were not affected. Many years afterward, in 1873, in a suit brought by D. B. Harrington against John M. Hoffman, the title to a lot in Thorn's plat was involved and held defective. and it was also held that a large part of the title was in the Thorn heirs who had not been made parties to the old proceeding. Mr. Hoffman proceeded to purchase the rights of as many of these heirs as possible, and then brought suit against the occu- pants of the lots. Thus arose the famous Thorn plat litigation which was continued many years in the courts.
John Thorn, commonly called Major Thorn, by reason of his ap- pointment to that office in the state militia. was a man of a little above the average height, of a florid complexion. and impulsive temperament, and in the gaieties and amusements of the early days took a prominent part.
In 1824, the territory of Michigan passed under the second stage or
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form of territorial government; its judges no longer acted as legislators, but there was a legislative council of nine members selected by the president from a larger number elected by the people. The judges of the supreme court were now appointed for four years, and James With- erell was appointed chief justice, with Solomon Sibley and John Hunt as associates.
CIRCUIT COURTS CREATED
The council passed an act, approved August 5, 1824, by which the judges of the supreme court were required to hold court in the counties of Wayne, Monroe, Oakland, Macomb and St. Clair; the court for this county to be held at the town of St. Clair on the second Monday of January of each year. On April 21, 1825, an act was approved pro- viding for circuit courts, the duties of these courts to be performed by the judges of the supreme court, these circuit courts to have the same jurisdiction as had been exercised by the supreme court under the act of 1820.
In 1825 there were evidently a number of patriotic citizens of the county who believed in rotation in office and were willing to occupy the onerous and profitable position of justices of the county court, and Mr. James Wolverton acted as their representative in suggesting to the governor that the terms of the justices had expired, and appointments of new men should be made, but this suggestion was not received favor- ably by William Woodbridge, secretary and acting governor, and no change was made.
April 13, 1827, another act was passed making considerable changes in the judicial system. The supreme court was still to consist of three justices, who should have power to hear and determine all questions of law arising in the circuit courts, writs of error should run to the supreme court from the circuit and county courts, the circuit court to be held in each county by one of the supreme court justices. By this act the county court of St. Clair county was abolished, although retained in most of the other counties in the state, and its powers and duties were transferred to the eireuit court of St. Clair county. Thus the county court had lasted in this county six years.
COUNTY COURT RE-ESTABLISHED
By an act, approved July 2. 1828, the county court of St. Clair county was re-established and the governor appointed Mark Hopkins chief justice, and Samuel Ward and Joseph P. Bunce-the latter a brother Z. W. Bunee-associate justices. These, with the exception of Hopkins, who died in the winter of 1838-9, held office until Novem- ber 5, 1829. when John K. Smith was appointed chief justice and David Oaks and Lewis J. Brakeman associate justices. On March 3, 1831, Z. W. Bunce and Amasa Heminger were made the associate jus- tices, who held their positions until the abolishment of county courts, April 15, 1833.
Vol. I-13
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HISTORY OF ST. CLAIR COUNTY
FIRST SESSION OF CIRCUIT COURT
Under the act of 1827 the first session of the circuit court of St. Clair county was held at the court house in the town of St. Clair. October 16, 1827, with Solomon Sibley. one of the supreme court judges who had been appointed in 1824, acting as circuit judge. The April term, 1828. of this court was presided over by Henry Chipman, another justice of the supreme court who had been appointed in the previous year. At subsequent sessions until 1833 two judges of the supreme court appeared and acted. either William Woodbridge or Ross Wilkins, ap- pearing in conjunction with Judge Sibley. Judge Morell, who was upon the supreme bench from 1832 does not appear to have held court in that capacity in this county.
COUNTY COURT ABOLISHED
In April. 1833. another considerable change was made in the judicial system of the state. County courts were abolished and there was estab- lished a circuit court of the territory of Michigan, with one judge ap- pointed for a term of four years. to hold court in all the counties, with two associate judges to be appointed in each county. Under this act the governor appointed William A. Fletcher circuit judge, who held that position until Michigan became a state. Horace R. Jerome and Z. W. Bunce were appointed associate judges for St. Clair county, and held those positions during the same time. The circuit judge received a salary of one thousand dollars, and his oath of office provided that he should "administer justice without respect to persons and do equal right to the poor and to the rich.
This court had both chancery and common law jurisdiction; it had original jurisdiction in all civil cases where a justice of the peace had no jurisdiction. and also jurisdiction of erimes not cognizable by a jus- tice of the peace. and appellate jurisdiction from justices.
Judge Fletcher did not hold court in this county until July 9. 1833, when he appeared and opened court with Associate Justice Horace R. Jerome in attendance. Judge Bunce did not appear until February. 1834.
The judge first presented and had recorded upon the court journal his commission and oath of office. He then appointed George Young commissioner. Amos Wheeler and James Robertson constables, and the court was ready to attend to the business offered. The grand jury was sworn and retired. and civil cases were called, and with great regularity most of them continued over the term. Thirteen cases were thus dis- posed of.
At this term of court George A. O'Keefe was district attorney. and F. B. H. Witherell, A. D. Fraser and Charles W. Whipple. all of De- troit, were the only attorneys who appeared. No cases were tried, but several motions were heard and decided.
At a term held in December, 1833. Robert P. Eldredge was ap- pointed by the court acting district attorney. and Hosea Powers appears as attorney for Andrew Westbrook in a divorce proceeding, for it seems
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HISTORY OF ST. CLAIR COUNTY
that there was a demand for this remedy even then, in fact, at the first term, Julia Ann Beebe had filed a petition for divorce from her husband, John Beebe, and it appeared that she had married when only thirteen years of age.
FIRST CIRCUIT COURT CASE
The first case tried in this court was the United States against William Brown. The record does not show the nature of the offense charged, nor by whom Brown was defended, but the jury after a short absence returned a verdict for the defendant.
At this term appears an instance of the devices in use under the common law in cases of ejeetment, or suits brought to recover the pos- session of land. John Palmer claimed land occupied by Horatio James ; instead of plainly making that claim as he would do under the modern practice, a suit was brought in the name of James Jackson, as lessor of Palmer, against John Stiles, the latter a wholly fictitious name. as was that of Jackson. In some courts the names of John Doe and Richard Roe were used. After filing the first papers, notice was served upon the actual occupant, in this case, James, and by action of the attorneys for both parties, Farnsworth & Goodwin for plaintiff, and Charles W. Whipple for defendant. the substitution of real for nominal parties was made.
At this session of court William Brown, Jr., age 27. born in Canada. renounced his allegiance to Great Britain and declared his intention to become a citizen of the United States, as did Timothy Halpin, a native of Ireland.
ADMITTED TO THE BAR
At a term held in July. 1834. L. M. Mason and Ira Porter applied for admission to the bar and a committee consisting of Charles W. Whipple. B. F. HI. Witherell and A. D. Fraser, all able and eminent attorneys from Detroit, were appointed to examine them. No report seems to have been made upon Mason, but in February, 1836. the com- mittee reported in favor of Porter and he was accordingly admitted. Mr. Mason, however, must have been admitted as he was appointed dis- triet attorney by Governor Mason on July 22, 1836. He was a native of Vermont and had studied law and been admitted to the bar ho- fore coming to Michigan. He remained in St. Clair a few months after coming there in 1834. and together with John S. Heath edited the St. Clair Republican: moved to Desmond, and for a time practiced law with Ira Porter under the firm name of Mason & Porter. He invested considerably in Port Huron real estate, and when the panie came was compelled to go through bankruptcy in 1840. but subsequently paid in full every honest debt. In 1845 he took into part- nership with him in the law business B. C. Farrand, who had come into the county a young lawyer two years before. This partnership continued umtil Mr. Farrand engaged in the lumbering business in 1850. when he became a law partner of William T. Mitchell. This partnership existed
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for only a short time, as he moved to Detroit in 1851. to engage in the banking business, in which he continued until his death in 1874. Few men have left so strong an impression of themselves upon this community as did L. M. Mason. He was a fearless uncompromising opponent, but a warm hearted generous friend. The practise of law, while nominally his profession, was in reality but a small part of his life. No kind of trade or business was too strange to prevent his taking an interest in it. Every man who did business with him became his friend, and if political office had been his desire there was no office in the gift of the people of this county which he could not have had.
LAST TERRITORIAL COURT
The February term. 1836. was the last one held by Judge Fletcher. Michigan adopted its new constitution as a state in November. 1835, but it was not accepted by congress so as to take effect until January, 1837. In the meantime Michigan transacted business and claimed rights as a state. By the new constitution all courts and judges were retained as under the territorial government. but it provided for a supreme court of three members, and by an act approved March 26. 1836, the state was divided into three circuits, one of the supreme court judges to hold court in each circuit. Under this law St. Clair county was put into the first cirenit, and George Morell. an associate judge of the supreme court. as- signed to that circuit.
The new constitution providing for the continuance of associate cir- cuit judges required that they should be elected and that they should not practise law in their own counties. This requirement was easily satis- fied by electing men to that position who couldn't practise law in any county. In this county in the election of 1836. Z. W. Bunce and Ed- mund Carleton were elected associate judges for a term of four years. In 1840 Carleton was re-elected together with David Cottrell, Mr. Bunce not being a candidate. In 1844 John Thorn and Sergeant Heath were eleeted and these were the last of the associate or lay circuit judges. It seems to have been the theory that it would be a help in some way to have two practical men sit with the judge who could confer and counsel with them on matters outside of strict legal procedure, but the theory did not work out in practice. The lay judge was seldom if ever needed or consulted. It is reported that one of the lay judges in this county was onee asked if he had ever been consulted by the presiding judge, and replied, "Oh. yes. Judge asked me one day if I wasn't tired."
FIRST STATE CIRCUIT COURT
Judge Morell held his first session of circuit court at St. Clair Oc- tober 19. 1836.
George S. Meredith was admitted to the bar upon examination the first day of term, but did not remain to practise in the county, but went at once to Detroit, where he soon married a daughter of Colonel Elijah Brush, the owner of the Brush farm. The next day. Ebenezer B. IIar- rington, a brother of Daniel B. Harrington, was admitted to the bar upon
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the recommendation of Elijah J. Roberts and Isaac S. Rowland, both of Detroit. E. B. Harrington had studied law in the office of Fortune C. White at Whitestown, N. Y., and it was while on a visit there to this brother in 1835 that D. B. Harrington met Mr. White and inoculated him with the "Michigan fever" to such an extent that he came to St. Clair county and invested heavily in land in and around Port Huron, a part of which is now included in White's plat of the city.
E. B. Harrington opened an office in the village of Desmond and while continuing his practice, took an active part in promoting the or- ganization, in 1837, of the Lake Huron Observer, whose editor he became and shortly after became both editor and proprietor, but held this posi- tion for only a few months when he went to Detroit and became there an active and successful lawyer until his untimely death in 1844. He was one of the commissioners appointed to oversee the publication of the Revised Statutes of 1838, and published a volume of the decisions of the court of chancery, known as Harrington's Reports. Both of E. B. Harrington's sponsors at the time of his admission to the bar have a special interest for St. Clair county. Isaac S. Rowland was the son of the Thomas Rowland, the commissioner who in 1824 recommended to the governor that the county seat remain at St. Clair. Elijah J. Roberts was for about two years a resident of St. Clair. He came to Detroit in 1833 a young man of 31 who had already had an unusual experience in New York as journalist, and as a brilliant and versatile man soon began to at- tract attention, and Mr. Thomas Palmer suggested that St. Clair offered opportunities worth while. In February, 1836, he made an agreement with Palmer and Monson to invest one thousand dollars with them in an- other mill at St. Clair, but this arrangement apparently was not carried into effect. However he moved to St. Clair and took an active part in its enterprises : was one of the commissioners to secure stock of the St. Clair and Romeo Railroad chartered by the legislature, bought a large number of lots in the village, and helped to interest some Buffalo people in the same way, was an unsuccessful candidate for Representative in the legis- Jature and late in 1837 returned to Detroit. In the meantime he and E. B. Harrington prepared the Code of Laws which was adopted as the Code of 1838. After a varied career in Detroit and the Upper Peninsula he died in Detroit in April, 1851.
No session of the court was held between the October term. 1836. and October. 1837. but on the first day of term in 1837, upon the favor- able report of B. F. H. Witherell. George A. O'Keefe and T. Romeyn. all well known and eminent Detroit lawyers, there were admitted to the bar three new members, Daniel B. Cady, True P. Tucker and Alfred Treadway. D. B. Cady practised law in the county for about two years, True P. Tucker was elected state representative in 1838. and also in 1839, and after living in this county for abont twenty years moved to Alpena. where he died in 1870. Alfred Treadway came from Oakland county and never practised law here.
At the October term, 1843. Judge Daniel W. Goodwin appeared as the presiding circuit judge and continued in that capacity through the April term of 1846. He was succeeded by Judge Warner E. Wing. who held the position until the October term. 1848, when Judge Sanford M.
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Green, associate justice of the supreme court. came and continued to hold the circuit court until the constitution of 1850 was adopted. and circuit judges became elective.
COUNTY COURTS AGAIN ESTABLISHED AND ABOLISHED
In the meantime. in 1846. the system of county courts had again been created by the legislature with jurisdiction of claims in excess of those within a justice's jurisdiction, and not above $500. They also had appellate jurisdiction from justices courts. The county courts were pre- sided over by two judges elected for a term of four years, called respect- ively county judge and second judge. who were paid by fees, to fill these positions in St. Clair county. Joseph T. Copeland was elected county judge and Z. W. Bunce second judge.
This court was abolished by the adoption of the constitution of 1850. but at the election in that year, before it was known that the new con- stitution would be adopted. Omar D. Conger was elected county judge and Henry Rix second judge.
The last session of the county court was held December 9. 1851. and the following is the last entry :
"Judges and lawyers can go home And take a retrospective view Of causes lost or causes won : The old court merges in the new.
"The county court is dead and gone. For the last time we've heard the cry ' Hear ye, hear ye.' the time has come. This court's adjourned sine die."
JUDGES COPELAND AND GREEN
Under the constitution of 1850 the state was to be divided into cir- cuits composed of one or more counties. with a judge in each to be elected for a term of six years with an annual salary of $1,500. St. Clair county was put into a circuit composed of Oakland. Macomb. St. Clair and Sanilae counties, and Joseph T. Copeland was elected circuit judge. There were six circuits in the state. and the six circuit judges formed the supreme court.
Judge Copeland was born at New Castle. Me .. May 6. 1813. He came to St. Clair in 1844 and began the practise of law. In 1846 he was elected first or chief judge of the county court, holding the position until 1850. In 1849 he was elected senator in the state legislature. In 1851. after his election as circuit judge, he moved to Pontiac. which was within the same judicial district. He was the first president of the village of St. Clair in 1850. and its treasurer in 1851. During the time he was circuit judge his health was poor. and he also became interested in a lumber enterprise and arranged with Judge Green so that the latter held most of the terms of court in St. Clair county. in addition to
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holding court in his own district. Judge Copeland resigned his position as cireuit and supreme court judge in 1857, before the expiration of his term, and became engaged in business. In 1862 he entered the army, be- coming lieutenant colonel of the Ist cavalry August 22. 1861. colonel of the 5th cavalary. August 14, 1862, and brigadier general of volun- teers November 29. 1862, resigning November 8, 1865. In 1878 he re- moved to Florida, and became county judge of Clay county.
Judge Copeland delivered but few opinions while a member of the supreme court. and these are marked by brevity, a good vein of reason- ing, and few references to authority. During that period it is evident that St. Clair county was not given to much serions litigation, as but four cases from that county found their way to the supreme court. One of these became a leading case in this state on the subject of navigable rivers. A controversy arose between Reuben Moore and Cummings San- born about logs in Pine river in Kimball township, and the chief point in controversy was whether Pine river. although used for floating logs. not having depth for the navigation of boats, was a navigable stream within the meaning of the Ordinance of 1787 and the State Constitution. and in an opinion of great importance to the lumbering industries of the state, it was held to be a navigable stream.
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