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 28
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57
In pursuance of the action of the board the matter was submitted to the electors of the county at the spring election in 1866, and at the June session of the supervisors in that year the board eanvassed the votes and found that there had been cast in favor of removal 1.978 votes. and against it, 405. The return shows but one vote in St. Clair city upon the matter, that being in the second ward. Upon the coming in of this report Supervisor Harris moved the adoption of a series of resolu- tions relating to the removal of the county seat to Port Huron: "Where- as, it was heretofore proposed to remove the county seat of St. Clair eounty from the city of St. Clair, and,
"Whereas, the board of supervisors of said county at their annual
218
HISTORY OF ST. CLAIR COUNTY
session. in October last, directed by a two-thirds vote of said board, the city of Port Huron as the place to which said proposed removal should be made; and.
"Whereas, the said board at said session provided for the submitting of the question of removal to the electors of said county at the annual township meetings in April last; and,
"Whereas. the people of said county did vote on said question of removal ; and.
"Whereas. a majority of the electors of said county did vote for the removal of the county seat, as appears from the returns of said election ;
COURT HOUSE, ST. CLAIR, BUILT IN 1856 (From an Old Painting)
now on file in the clerk's office of St. Clair county this day canvassed by this board ;
"Therefore. be it resolved, by the board of supervisors of St. Clair county, that it be and is hereby determined and declared as the result of said vote. that the county seat of St. Clair county be removed from the city of St. Clair to the city of Port Huron ; and. .
"Whereas, suitable buildings and offices have already been provided ;
"Therefore, be it resolved further, that such removal shall be deemed to have taken place on the first day of January, 1867, and from and after that time the city of Port Huron shall be and continue the county seat of said county for all purposes whatsoever.
"Resolved, that on or immediately before the said first day of Jan- uary, 1867, the several county officers be and they are hereby required to remove the books, papers, records and other property of the county. in their charge and care, that belong to the county seat, to the city of Port Huron."
219
HISTORY OF ST. CLAIR COUNTY
BLACK RIVER, LOOKING WEST FROM MILITARY STREET BRIDGE, 1863
220
HISTORY OF ST. CLAIR COUNTY
These resolutions were declared by the chairman to be adopted, and upon an appeal the decision of the chair was sustained.
ST. CLAIR SUSTAINED BY SUPREME COURT
The people of St. Clair city, however, were not seriously frightened. and in August. 1866, a bill in chancery was filed to test the legality of these proceedings, and praying for an injunction to prevent the removal of the offices. Mitchell & Farrand, a prominent firm of lawyers in Port Huron. appeared for the defendants and demurred to the bill of com- plaint, which demurrer was heard in the circuit court and the bill dis- missed, and an appeal was then taken to the supreme court. This is reported in Vol. 15 Michigan Reports, page 85.
Involved in the suit was the question whether the statute required a majority of two-thirds of all the members elected in order to render the vote valid, but the court passed that question as unnecessary in the suit, and held that the resolution as passed was not an absolute determi- nation to remove the county seat or an absolute designation of the place to which it should be removed. but it was subject to certain provisos and as the question submitted to the voters did not include the proviso. but merely whether the county seat should be removed, the submission in that form was void, as it was required by the law that the people and the supervisors should vote on precisely the same question, and under the conditions of this case the vote of the electors was unauthorized and of no validity. The court therefore reversed the decision of the circuit court, which had the effect of leaving the county seat still at St. Clair.
"SMITH'S CREEK" SELECTED
The following year. 1867. the Port Huron people again returned to the attack and a resolution was offered October 18, 1867, that the city of Port Huron be designated as the place to which the county seat be removed. After attempts to substitute section 3 of the town of Wales and section 31 in the town of Kimball, and Smith's Creek Station had been lost. and in turn the four corners of sections 17 and 18 in Port Huron township, and the southwest quarter of section 31 of Kim- ball township had been carried, the motion as amended came before the board and was defeated upon a vote of eighteen in favor with twelve against. Again. in the following year, 1868, at the October session. Edgar White, of Port Huron, offered the customary resolution that the county seat of St. Clair county be removed, and that the city of Port Huron be designated as the place to which the removal should be made. The vote upon this motion resulted in twenty veas and eleven nays, thus falling short by one of the necessary two-thirds majority.
In 1869 the supervisor from Brockway offered a resolution that the county seat be moved to section 36 of Emmet township, which was lost by a vote of nineteen yeas and eleven nays. On the same day a resolu- tion was offered by Supervisor Frink, from Kimball, which was the basis for the final successful action in the removal. His resolution was as
221
HISTORY OF ST. CLAIR COUNTY
follows: "Resolved, that it be and is hereby proposed to remove the County Seat of St. Clair County from the City of St. Clair ; therefore.
"Resolved. by the Board of Supervisors of the said St. Clair County. that said County Seat be removed to the Township of Kimball of said County ; that Section 31, Town 6 north of Range 16 east be and is hereby designated as the place, site or location for said proposed removal."
The resolution, being voted upon, was adopted by twenty-nine veas with two nays. It is said that the Port Huron supervisors, after having tried in vain for years to obtain the necessary two-thirds majority and failing by one vote, concluded that in this case the longest way round was the shortest way to the desired object, and if they could not by direct action cause the county seat to be removed from St. Clair to Port Huron, if they could by any means get it away from St. Clair, they would then stand in much stronger position to get it to Port Huron. The supervisor from Kimball township, Mr. M. D. Frink, was a merchant at that time in Smith's Creek Station, in the extreme southwest corner of the township. He had consistently voted against the removal to Port Huron, but upon being approached with the proposition that Smith's Creek was much more centrally located than St. Clair, and that the location of the county seat at that point would be much more convenient to the majority of the citizens of the county than the old location. and that Port Huron and other northern supervisors were willing to join with him to locate it at Smith's Creek, he very promptly fell in with the plan and offered the motion which was adopted. The supervisors favoring the retention of the county seat at St. Clair voted in favor of the resolution because they believed the people would never sanction it.
Directly after the adoption of that motion, Edgar White, supervisor from Port Huron, offered the necessary resolutions that the proposition be submitted to the qualified electors, and that the sheriff and chairman of the board should prepare, publish and post the necessary notices of the election. This action was taken in accordance with the resolution, and at the October session of the board in 1870, on October 12th, the vote was canvassed by the board, finding as a result 2,584 votes in favor of removal, 2,467 votes against removal, making a small majority of 117 in favor of the removal. It is reported that Port Huron interests know- ing that the sentiment of the county would be strongly against the actual location of the county seat at Smith's Creek Station had great difficulty in persuading the voters at the northern end of the county that it would be wise to vote in favor of the removal, and succeeded as will be seen, by the merest margin, in persuading enough voters to take this step, by using the argument that the county seat would not be permitted to remain at Smith's Creek, but when it once was taken from St. Clair City steps would be taken at onee to remove it from Smith's Creek to Port Huron. Upon the report of the canvass it was resolved that the result be entered upon the records of the board.
On October 15th, Supervisor Frink offered resolutions reciting the action taken for the removal, and providing for the appointment of a committee to purchase the necessary ground in section 31 of Kimball, and to obtain plans and specifications for buildings, costing not to ex- ceed $40,000, and that the question of raising $30,000 for payment for
222
HISTORY OF ST. CLAIR COUNTY .
the buildings and grounds be submitted to the electors. This resolution was lost. Supervisor White then offered a resolution again reciting the action taken and determining that section 31 be deemed to be the county seat for all purposes after the first day of February following, and that a committee be appointed to provide suitable buildings and offices. This resolution was adopted, but a motion to submit the question of raising $35,000 by tax for the purpose of paying for grounds and buildings was lost.
A resolution appropriating $1,000 for the purpose of providing buildings for county purposes was then adopted and a resolution to submit to the electors the question of raising $20.000 for the purpose of erecting county buildings was also carried.
SUPERVISORS AND PEOPLE AGAIN DECIDE FOR PORT HURON
Three days following, on October 18, 1870, Supervisor Horton, from Port Huron. offered a resolution that the county seat be removed to the city of Port Huron, which was adopted by twenty-three yeas and eight nays. The same supervisor then offered a resolution that the question of removal be submitted to the vote of the electors on the first Monday of April following, and the sheriff and chairman were directed to take the necessary steps for that purpose.
The action previously taken at the session to raise $20,000 had now be- come, in view of the supervisors favoring the removal to Port Huron, en- tirely unnecessary, and at the session of January, 1871. that resolution was repealed and the appointment of a committee to provide buildings at Smith's Creek was also repealed.
The vote upon the removal was taken at the spring election in April. 1871, and a special session of the board of supervisors was held the same month. Upon the canvass of the votes it appeared that there were 2,958 votes in favor of removal, 2.426 against. Upon the report of the vote. Mr. White moved that the result of the votes was in favor of the re- moval, and the elerk was ordered to enter this result upon the records.
Supervisor Vincent, from Clyde township. offered a resolution that a committee of five be appointed to ascertain and report whether suit- able buildings could be provided in the city of Port Huron for the recep- tion of the records and papers of the county. Evidently the committee was already informed upon the matter, because at the afternoon session of the same day the majority reported that suitable rooms could be ob- tained in the third ward school building. in Port Huron. for county offices and court room; that the rooms were first-class, well lighted and well ventilated, and suitable in all respects. and that the city of Port Huron had by its proper authorities made a lease of the premises to the county. The minority reported that the title to the property was in such a condition it could not belong to the county; that part of the building was used for school purposes. and that the building was in every way unsuitable for the purposes. and not such as the people were induced to believe would be provided when they voted for the removal of the county seat to Port Huron. The majority report, however, was carried by eighteen yeas to ten nays, and by the same vote, a resolution
223
HISTORY OF ST. CLAIR COUNTY
was adopted that the city of Port Huron be taken and deemed the county seat of St. Clair county for all purposes whatsoever from and after the third day of May. 1871. The county clerk was then directed to submit certified copies of these resolutions to the circuit judge of the county, and to the county officers.
A special session of the board was held June 7th in the common council rooms in the city of Port Huron. There seems to have been some question about the returns of the vote upon the removal of the county seat, and the committee was directed to confer with the prose- cuting attorney. This committee reported the returns to be correet, and that there was 532 majority in favor of removal. Similar resolutions with regard to the spreading on the records and the appointment of a committee upon buildings, were passed as were had at the April session. Both the minority and majority members of the committee made the same reports as before, except that the minority report added that the citizens of Port Huron had previous to the spring election given the people of the county to understand that if the action of the board of supervisors was ratified by the votes of the people, they would erect suitable and permanent county buildings free of expense to the county, and that a certain document or subscription had been circulated by which prominent and wealthy citizens of Port Huron had agreed to contribute upwards of $30,000 for the purpose of erecting such build- ings, and it now transpired that there never was any such bond, sub- scription or agreement as the people of the county had been led to he- lieve had been made, and that the representations were false and de- signed to deceive the people, and directing the county officers to remain in the buildings which had been theretofore provided for the county for that purpose, until the citizens of Port Huron ereet suitable and per- manent buildings. This minority report was not adopted and. upon motion, the lease of the proposed rooms was accepted.
It might be thought that this would have settled the matter. but the people of St. Clair who had hitherto found the supreme court the bul- wark of their defense, again relied upon the court.
ST. CLAIR AGAIN APPEALS TO THE COURTS
Eugene Smith, a prominent and patriotic citizen of St. Clair imme- diately filed a bill of complaint against the board of supervisors and the county officers, alleging the illegality of the proceedings to remove the county seat and praying for an injunetion. Fortunately. Judge Mitehell was out of the county, and on application to William Grace, one of the circuit court commissioners who lived at St. Clair, an injunction was granted. Judge Mitchell, on his return soon after, vacated the in- junction and the real bona fide county seat war began. Judge E. W. Harris, then judge of probate, unaided by any military force, went to St. Clair, took the probate records and moved them to Port Huron. Mr. Chadwick, who aeted in the capacity of deputy sheriff, was not so successful. Rumors of armed forces coming from Port Huron and equal or larger forces drawn up in battle array at St. Clair to meet the hostile invaders. filled the air, and the newspapers.
224
HISTORY OF ST. CLAIR COUNTY
Action was brought against Hazzard P. Wands, the county clerk. who had refused to bring his records to Port Huron. The conflicting forces agreed to stack their guns and await the decision of the court. The most eminent lawyers in the state were employed by both parties. Ashley Pond and G. V. N. Lothrop appeared for the county clerk, and Meddaugh & Driggs and C. I. Walker for the prosecuting attorney.
SUPREME COURT SUSTAINS PORT HURON
The Supreme Court heard the case-reported in Vol. 23 Michigan Rep. 384-on July 7, 1871, but did not formally decide it until October 4th. The court refers to the "unhappy controversy" growing out of movements to change and relocate the county seat of St. Clair county, and held in substance that the proceedings taken to remove the county seat were in accordance with the law, and therefore valid. This decision dis- posed of the last hopes of the people of St. Clair. The papers, records and offices were moved to Port Huron. and thus, after fifty years, the seat of justice which had been established at the beginning at the town of St. Clair, was settled finally and forever in the city of Port Huron.
OFFICIAL ACCOMMODATIONS
Although the county offices were located in the high school building as agreed, there was a strong sentiment that Port Huron was not acting fairly by the county, and at the next meeting of the board of super- visors several propositions were made by the city and rejected by the board, and finally the city offered to build a city hall, which should be large enough to contain a court room and county offices, and to furnish this to the county rent free; this offer was accepted and the city pro- ceeded to erect its building. Before it was completed, on February 24. 1873, the school building burned down, but fortunately with no loss of records. The public offices were for a few months distributed around the city, but before the end of the year they were moved into the new building. The county has long since outgrown its quarters, and at this writing a proposal has been voted by the board of supervisors to be laid before the electors at the spring election of 1912, to raise $150,000 for a new county building .*
*This proposition was rejected by the voters.
7
Grant
rt
Konark
E
4
Riley.
himBull
78
Chặng
: *
AINT CLAIR COUNTY, MICH
RURAL. DLLINTRY SERVICE
1
.
MAP OF ST. CLAIR COUNTY SHOWING RURAL DELIVERY SERVICE
Vol. I-15
CHAPTER XV
TOWNSHIP ORGANIZATION
THREE ROAD DISTRICTS ERECTED INTO TOWNSHIPS-SINCLAIR AND DES- MOND TOWNSHIPS-BERLIN TOWNSHIP-BROCKWAY-BURTCHVILLE- CASCO-CHINA -- CLAY -- CLYDE- COLUMBUS- COTTRELLVILLE- EAST CHINA - EMMET -- FORT GRATIOT - GRANT - GREENWOOD - IRA - KENOCKEE-KIMBALL-LYNN -- MUSSEY-PORT HURON- RILEY-ST. CLAIR-WALES.
Under the ordinance of 1787 relating to the Northwest Territory, the governor had authority to divide the country into counties and town- ships, and one of the early acts of either Governor Arthur St. Clair or the secretary, Winthrop Sargent, who became acting governor in the absence from the territory of the real governor, was to erect the town- ship of St. Clair. The exact limits of this township are not known, but it certainly included what is now St. Clair county and probably most or all of Macomb county.
After the organization of Michigan Territory in 1805, there was no action by Governor Hull with reference to townships, nor any action by Governor Cass in the making of townships until after an act was passed providing for a court of general quarter sessions of the peace, to be com- posed of members of the county court and the justices of the peace in each county. This court had general charge of matters of assessment of property and taxation, and also was required to divide the county into townships and submit its action to the governor for his approbation and decision. It was in pursuance of this act that upon the action of the court of Wayne county, Governor Cass laid out the township of St. Clair, January 5, 1818. the township extending from the north shore of Clinton River to Fort Gratiot and including a strip three and one- eighth miles wide along the lake and river. On April 8, 1818. the county of Macomb, having been organized in the meantime, and including this territory, the governor, at the request of the court of that county, again laid out the township of St. Clair, the limits of the township being made to include all of Macomb county north of a line drawn due west from the mouth of Swan creek.
When the county of St. Clair was laid out in 1820, and established in 1821, there was no action taken relative to dividing the county into townships, and as the court of general quarter sessions had been abolished in May, 1818, the sole power to create townships again rested
226
227
HISTORY OF ST. CLAIR COUNTY
with the governor. There seemed to be no pressing need for townships in the new county, and the governor waited for suggestions from the county commissioners whom he had put in charge.
THREE ROAD DISTRICTS ERECTED INTO TOWNSHIPS
At their meeting, March 4, 1822, the commissioners voted "That the township of St. Clair (heretofore including the whole of the county of St. Clair) be and the same is hereby divided into the following road distriets numbered and described as follows, to-wit:
"District No. 1. Beginning on the border of the River St. Clair at the north line of land belonging to the estate of Alex Harrow, deceased ; thenee northwesterly along said line to the northeast corner of section 28, thence along the north lines of sections 28, 29, 30 and 25 to the border of Lake St. Clair; thence southerly until it intersects the division line between the United States and Upper Canada; thence northerly along said division line to the place of beginning.
"Distriet No. 2. Beginning on the border of the River St. Clair, at the south line of land belonging to James Fulton; thence westerly along said line to the northeast corner of section No. 12 in township No. 4, and range No. 16 east, and continuing along the north line of said section and in a straight direction west to the east line of the county of Macomb; thence southerly along the west line of said county to the border of Lake St. Clair; thence easterly along the border of said laks to the north line of district No. 1 and continuing easterly along said north line to the border of the River St. Clair; thence northerly along the border of said river to the place of beginning.
"District. No. 3. The remainder and residue of the original town- ship of St. Clair and all north and northwesterly of the north line of district No. 2, be and the same is hereby called and denominated distriet No. 3."'
They then voted that this action be submitted to the governor that he might incorporate the districts into townships to be named respec- tively Plainfield, Cottrellville and St. Clair. In the first name is seen the influence of John K. Smith, who lived within that district, and de- sired to commemorate his old home in Vermont.
In the second name another commissioner, George Cottrell, desired to perpetuate his family name by giving it to the distriet in which he lived.
The third commissioner, Andrew Westbrook. apparently had no taste or inclination to gratify and the name of the county and the orig- inal township was allowed to stand for the third distriet.
This action undoubtedly was communicated to the governor, but he acted with deliberation and did not proclaim the new townships until March 18, 1823, when he adopted with some slight modification the action and request of the commissioners.
By this division, Plainfield township ineluded practically the present township of Clay. Cottrellville included the present townships of East China, China, Ira and Cottrellville; and St. Clair township, the re- mainder of the county, and also the lower part of Sanilac county.
228
HISTORY OF ST. CLAIR COUNTY
Matters remained in this position until April 2, 1827, when an act of the legislative council was approved, making a considerable change in the names and arrangement of the townships. This act was entitled "An Act to divide the several counties in this Territory into townships, and for other purposes," and with regard to St. Clair county provided that surveyed townships and fractional parts of townships numbered three in ranges fifteen, sixteen and seventeen east, be a township by the name of Cottrellville. This would include the present townships of Ira and Cottrellville, and the north three tiers of sections from the town- ship of Clay.
SINCLAIR AND DESMOND TOWNSHIPS
The act further provided that all that part of the county containing surveyed townships and fractional parts numbered four and five north in ranges thirteen, fourteen, fifteen, sixteen and seventeen east be a township by the name of Sinclair.
It is not now possible to tell whether this was an intentional change of the name from St. Clair to Sinclair, as the name was so frequently interchanged in early days, but the new township included the present townships of Columbus, Casco, China. East China and St. Clair, in St. Clair county, and Armada. Richmond, Lenox, and Ray in Macomb county.
The same act also provided that surveyed townships six, seven, eight and nine in ranges thirteen, fourteen, fifteen, sixteen and seventeen east be a township by the name of Desmond.
The origin of this name is lost, but the township included the present townships of Berlin, Riley. Wales, Kimball, Port Huron. Fort Gratiot, Clyde, Kenockee, Emmet, Mussey, Lynn, Brockway, Greenwood, Grant and Burtehville, in St. Clair county, and Worth, Speaker, Flynn and Maple Valley, in Sanilae county.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.