USA > Michigan > Wayne County > Detroit > The city of Detroit, Michigan, 1701-1922, Vol. I > Part 16
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On Saturday, October 13, 1804, a mass meeting was held, at which a resolu- tion was adopted to petition Congress for the erection of a new territory. James May and Robert Abbott were appointed to prepare the petition, which was presented to Congress on December 4, 1804. On January 11, 1805, President Jefferson approved the act creating the Territory of Michigan, to include that part of Indiana Territory "north of a line drawn due east from the most southern point of Lake Michigan to Lake Erie, and east of a line passing through the center of Lake Michigan."
It was provided that the act should take effect on June 30, 1805, and on the first of March the President appointed the following officers for the new territory : Governor, William IIull, of Connecticut; Secretary, Stanley Gris- wold; Judges, Augustus B. Woodward, of Washington, D. C .; Frederick Bates, of Michigan, and Samuel Huntington, of Ohio. Mr. Huntington declined the appointment and John Griffin, of Indiana, was chosen to fill the vacancy. Judge Bates was designated as the territorial treasurer. No provision was made for a general assembly, the governor and judges to constitute the legislative, ex-
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eentive and judicial departments of the territorial government. The interest- ing story of the all-powerful governor and judges is told in another chapter.
But the American republic was young in 1805 and the early territorial governments were largely in the nature of an experiment. The futility of at- tempting to obtain an impartial and efficient government by this method is illustrated by the following incident: During the winter of 1808-9, Judge Woodward was in Washington most of the time. Under the supervision of Judge Witherell a number of important changes were made in the laws of the territory and forty-four new acts were passed. When Judge Woodward re- turned he refused to recognize the laws passed in his absence and the business of the courts was reduced to a state bordering on chaos. On August 24, 1810, Judge Witherell, who stood sponsor for the new acts, introduced the following :
"Whereas, by the most extraordinary and unwarrantable stretch of power ever attempted to be exercised by the Judiciary over the Legislature and a free government, two of the judges of the Supreme Court of this Territory, at the September term of said court in 1809, did declare and decide on the bench of said court, in their judicial capacity, that the laws adopted and published the preceding winter, by the Governor and two of the Judges of said Territory, were unconstitutional and not binding on the people of the said Territory, under the frivolous pretext that they were signed only by the Governor as pre- siding offieer; and
"Whereas, by the said deelaration and decision of the said judges, the peace and happiness, the rights and interests, of the good people of this Territory have been and are still very much disturbed and put in jeopardy ; and
"Whereas, the good people of this Territory, after nearly one year and a half acquaintance with the said laws, have manifested strong wishes that the same, with a few exceptions, should be continued in operation in the said terri- tory, in order to effect which and remove all doubt on the subject ;
"Resolved, that the Governor and Judges, or a majority of them, do pro- ceed immediately to sign such laws."
Judge Woodward managed to defeat the resolution and during the next twelve months there was almost constant bickering. Sometimes the Woodward adherents were temporarily victorious and sometimes the Witherell supporters would triumph for a brief period.
The governor and judges arrived in Detroit soon after the great fire of June 11, 1805, and devoted the greater part of their energies to the rebuilding of the town, as told in another chapter.
SECOND GRADE OF GOVERNMENT
Lewis Cass succeeded General Hull as governor on October 29, 1813, and on February 16, 1818, the people voted upon the question of adopting what was called the "second grade of government"-that is, the establishment of a legisla- tive assembly. The proposition was defeated and the rule of the governor and judges continued.
On March 11, 1822, a meeting was held at the council house and a petition to Congress was adopted, asking for the enaetment of a law "to separate the judicial and legislative power and to vest the latter in a certain number of our citizens." The petition was forwarded to Congress, but nothing was done to relieve the situation. On October 26, 1822, another meeting was held. By this time the people had grown so thoroughly tired of being governed by four
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men, who much of the time could not agree among themselves, that they were more positive in the expression of their views. A "Statement of Facts" was drawn up and sent to Congress. This statement was as follows:
"The legislative board do not meet to do business at the time fixed by their own statutes for that purpose, and they have no known place of meeting; and when they do meet, no public notice of the time or place is given ; and when that can be ascertained, by inquiry, they are found sometimes at private rooms or offices, where none has a right, and few except those immediately interested in the passage of the laws have the assurance to intrude themselves, or can find seats if they should. Laws are frequently passed and others repealed, which take effect from date, and vitally affect the rights of the citizens, and are not promulgated or made known to the community for many months."
This produced the desired effect, for on March 3, 1823, President Monroe approved an act authorizing the people of Michigan to elect eighteen persons, from whom the President should select nine to form a territorial council. On June 7, 1824, the first legislative council met in Detroit. By the act of January 29, 1827, the council was increased to thirteen members, to be elected by the people. Thus the territorial government gradually developed into a more re- publican form. Much of this progress was due to the efforts of William Wood- bridge, who was the first territorial delegate to Congress, and his successor, Solomon Sibley. Under the ordinance of 1787 no territory was entitled to rep- resentation in Congress until a territorial legislature was established. Although the people of Michigan voted against the second grade in 1818, Congress re- moved the disability so far as the territory was concerned, and by the act of February 16, 1819, authorized the election of a delegate. Mr. Woodbridge was at that time secretary of the territory. At the election he defeated Judge Woodward, Henry Jackson Hunt, James McCloskey and John R. Williams, but owing to a popular prejudice against his holding two offices at the same time he resigned, and Solomon Sibley was elected for the unexpired term.
CHANGES IN BOUNDARIES
In April, 1816, Congress took a strip ten miles wide across the southern part of Michigan and added it to Indiana, which was then knocking at the door of the Union for admission and wanted enough of the shore of Lake Mich- igan for the establishment of a port. The loss of this ten-mile strip was more than offset by the act of April 18, 1818, which added to Michigan Territory the western half of the Upper Peninsula, all the State of Wisconsin and that part of Minnesota east of the Mississippi River.
On June 28, 1834, President Jackson approved an act of Congress which added to Michigan all the territory of the United States north of the State of Missouri and east of the Missouri and White Earth Rivers. By this act Detroit became the capital of a vast expanse of country, comprising the present states of Michigan, Wisconsin, Iowa and Minnesota, and a large part of North and South Dakota. The Territory of Wisconsin was erected by the act of April 20, 1836, which took from Michigan all the country west of Lake Mich- igan, except the. Upper Peninsula.
TERRITORIAL GOVERNORS
General Hull, the first territorial governor, served from March 1, 1805, to August 16, 1812, when he surrendered Detroit to the British under Gen. Isaac
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Brock, who left Col. Henry Procter in charge as commandant of the post and military governor of Michigan. Hull was nominally governor until October 29, 1813, when he was succeeded by Gen. Lewis Cass, who served until August 6, 1831. George B. Porter was then governor until July 6, 1834; Stevens T. Mason, secretary and acting governor from July 6, 1834, to September 10, 1835, when he was removed for his activity in the Toledo War ; John S. Horner, territorial secretary, then acted as governor until November 1, 1835, when Mason was reinstated as governor of the state. He held the office until Michigan was admitted into the Union and was the first state governor.
STATE OF MICHIGAN
On January 26, 1835, acting-Governor Mason approved an act of the legis- lative council authorizing the people of Michigan Territory to hold an election on the first Saturday in April for delegates to a constitutional convention. to meet in Detroit on the second Monday in May. Of the eighty-nine delegates, seventeen were apportioned to Wayne County, viz: Louis Beaufait, John Bid- dle, Ammon Brown, J. D. Davis, George W. Ferrington, Caleb Harrington, Charles F. Irwin, John MeDonnell, Johin Norvell, Asa H. Otis, Amos Stevens, Theophilus E. Tallman, Conrad Ten Eyck, Peter Van Every, Alpheus White, Jolın R. Williams and William Woodbridge.
The convention met on May 11, 1835, and completed a constitution on the 24th of June. It was submitted to the people at an election held on the 5th of the following October and was adopted by a substantial majority.
The same year the constitution was framed and adopted occurred the con- troversy between Michigan and Ohio over the boundary line, both claiming a parcel of land containing about four hundred and seventy square miles. This controversy is described as the "Toledo War." Notwithstanding Michigan's vigorous protests against the surrender of the disputed territory, Congress passed an act, which was approved on June 15, 1836, providing for the admis- sion of Michigan on condition the state would accept a boundary line giving it to Ohio. Another act, approved by President Jackson on June 23, 1836, accepted all the propositions of the Michigan Constitutional Convention except the one relating to the boundary line.
Many people in Michigan were so bitterly opposed to the proposition sub- mitted by Congress, that they expressed themselves in favor of continuing as a territory, rather than accept such terms of admission. To settle the question, the Michigan Legislature was assembled and on July 20, 1836, passed an act calling an election for delegates to a convention to aet upon the subject. Dele- gates were elected on the 12th of September and the convention met at Ann Arbor on the 26th of the month. Wayne County was represented by Louis Beanfait, Eli Bradshaw, Ammon Brown, Titus Dort, Benjamin B. Kereheval, John McDonnell, David C. MeKinstry and H. A. Noyes.
The convention deeided against accepting admission under the conditions imposed by Congress, and after a brief session adjourned. On November 14, 1836, the democratic central committee of Wayne County issued an address to the people of Michigan, urging them to elect delegates to another convention, to assemble at Ann Arbor on December 14, 1836. The cirenlar set forth that in the September convention the decision to refuse admission was due to the vote of the Washtenaw County delegates; that the people of that county had since elected delegates to the Legislature who were in favor of accepting the
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propositions of Congress; that prompt action was necessary if Michigan was to participate in the distribution of the surplus revenue, which Congress was preparing to divide among the states; and that, as a state, Michigan would receive from her percentage of the proceeds derived from the sales of public lands more than enough to compensate her for the loss of the disputed territory.
Governor Mason favored the convention and gave it his official sanction. Wayne County elected the following delegates: Marshall J. Bacon, Eli Brad- shaw, James Bucklin, Reynold Gillett, Daniel Goodwin, Charles F. Irwin, Josiah Mason, Charles Moran, Elihu Morse, A. Y. Murray, HI. A. Noyes, John E. Schwartz, Warner Tuttle, Ross Wilkins, John R. Williams and Benjamin F. H. Witherell.
The convention met at Ann Arbor on the appointed day and without a dis- senting vote accepted the conditions of admission as prescribed by the act of June 23, 1836. There was some question as to the legality of this convention, but Congress recognized its action as a valid expression of the people's views and on January 26, 1837, President Jackson signed the act admitting Michigan as the twenty-sixth state of the Union, with its boundaries as they are at the present time.
By the constitution adopted in 1835, it was provided that Detroit should be the capital of the state until 1847, when a permanent seat of government should be determined by the legislature. On March 16, 1847, Governor Felch approved the act locating the capital at Lansing and the state offices were re- moved to that city in the following December. At the time the state was ad- mitted, the population of Detroit was about six thousand. Including Ham- tramek and Highland Park, which lie wholly within the city limits of Detroit, the population in 1920 was over one million, making Detroit the fourth city of the Union.
CHAPTER X LAW AND ORDER IN EARLY DETROIT BY CLARENCE M. BURTON
CHARACTER OF PEOPLE-THE MILITARY COMMANDANT-PRIEST AS ARBITRATOR- CADILLAC'S AUTOCRATIC RULE-INCENDIARISM-CRIMINAL ASSAULT-MILITARY LAWS-HIGHER COURT APPEAL-ROBERT NAVARRE-PHILIP DEJEAN: FIRST ENGLISH JUSTICE-FIRST DETROIT PUBLIC RECORDS-DEED FROM PONTIAC- OTHER NOTARIES-COURT FOR PETTY CASES-FIRST DETROIT ELECTION- POWERS OF THE JUSTICE-CUILLERIER MURDER CASE-PROBATE BUSINESS- ARBITRATORS-MARRIAGE CONTRACTS-USE OF ARBITRATION-PLEA FOR DAMAGES-KING'S SURVEYOR-POLITICAL SITUATION IN 1774-QUEBEC ACT- LAW OF ALLOTMENT-COURT OF COMMON PLEAS-EARLY FINANCES-MORT- GAGES-FORECLOSURE-FRENCH VS. ENGLISH LAW-ARTICLES OF CAPITULA- TION-NEW QUEBEC PROVINCE-EXTRACTS OF PUBLIC RECORDS-CRIME PREVENTION-PROHIBITION FOR INDIANS-CONTENCINEAU CASE: ITS IM- PORTANCE-INDICTMENT OF DEJEAN AND HAMILTON-HISTORICAL IMPORT- ANCE-WATCH FOR ANTI-ROYALISTS-ARTICLE OF INDENTURE-SALES OF SLAVES-FIRST CLAIM FOR DOWER IN REAL ESTATE-REAL ESTATE TITLES- FIRST FUGITIVE SLAVE-DISTURBING THE PEACE.
CHARACTER OF PEOPLE
No one has ever undertaken to write that part of the early history of Detroit that pertains to its public records, its courts, judges, lawyers and lawsuits. Such a history could not well be denominated the bench and bar of Detroit, for its commencement antedates the idea of judges and lawyers and begins when the legal history of the place was in the chaotic state that finds a parallel only in those more modern localities of the West where the might of a majority of the populace is the law of the land. There is probably not an instance in the history of Detroit, in those early days, where the people took affairs into their own hands and by brute force taught culprits that it was dangerous to violate the unwritten code of morals of the community; and the reason why mob law was not resorted to was because the people themselves were, by association, tem- perament and early education, accustomed to walk in a path that never varied much from that followed by law-abiding citizens of other civilized communities. These people were very different from the rough element that filled the mining camps and newly erected villages of the West a few years since. Every man who came here at first came under his own name. He was not a fugitive from justice of some other state or county; he came here to make a home and to trade with the natives; his willingness to abide by the laws and customs of the place was necessary to his success and he conformed his life to that of his neigh- bors without question.
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VIEW OF DETROIT IN 1796, SHOWING CITADEL; PRESENT WAYNE ST .; ST. ANNE'S CHURCH; BRIG GEN. GAGE; OLD COUNCIL HOUSE; GRISWOLD ST.
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DETROIT RIVER FRONT OF JONES AND CASS FARMS, 1819
DETROIT RIVER FROM WINDMILL POINT, 1838
Vol. I-11
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THE MILITARY COMMANDANT
While from the very commencement of the French settlement in Detroit it is probable that there were quarrels over property and personal differences between neighbors and fellow colonists and traders that must of necessity have been settled by authority outside of the parties in direct interest, there is no evidence that there were courts or trials by jury or before a judge, of such a nature as we find at the present day or, indeed, of anything approaching it in character.
The military commandant, under the French rule, was very powerful here, so far as we know, and his decision in matters of controversy was generally final. He was attended by his soldiers who, on all occasions, carried out his orders and directions. If at any time he exceeded what the citizens considered his proper prerogatives, they could complain to the governor-general, but the complaints were generally unheeded, as the governor-general must have con- sidered that almost absolute authority was necessary to be vested in the local commandant, in order to keep in proper subjection the rough and unruly element he was compelled to dwell among and with whom he had to contend.
PRIEST AS ARBITRATOR
In the beginning the village priest was the arbitrator between most dis- putants, but it soon came to be noticed that he had allied himself with a certain clique, and thereafter his influence was greatly lessened or entirely spent, for he held no official position as arbitrator and those who did not belong to the same party as himself laeked confidence in his opinion and did not accept his decisions. Father Francois de Gueslis Vaillant, Jesuit, and Nicolas Bernadin Constantin de l'Halle came to Detroit with Cadillac in 1701. Vaillant did not remain, but left immediately for Mackinae. L'Halle was killed by the Indians June 1, 1706. He was succeeded by Father Dominque de la Marche the same year.
CADILLAC'S AUTOCRATIC RULE
The next step, and a step that was very early taken, was the enforced obedience to the will of the first commandant, Cadillac. The troubles he had with the Company of the Colony of Canada forced him to be arbitrary with . the servants of that company, and he was arrested and sent to Montreal for putting one of these disobedient servants in prison. This was an attack on the government itself, and could not be overlooked by the governor-general. Cadillac kept away from Detroit for a long time, but eventually returned with his powers confirmed by the king. During his absence his little village eame near being sacked and destroyed by turbulent Indians, and it was partly on this account that the home government looked with favor upon his attempt at arbitrary rule.
In 1711 Cadillac left Detroit for good and his successor got into trouble with the village priest and with many of the foremost citizens without unnecessary delay. Although the commandant was always very powerful, there were some matters that appeared to be beyond his authority to try. He could not try any cases in which he was personally interested. He could not try any capital cases or cases in which the life or liberty of the defendant was involved. He could not try these cases, but yet we find that Cadillac asserted that his authority reached to the taking of the life of any person who refused to submit to his orders. Cadillac himself was defendant in a civil suit in 1694, which was protraeted
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until 1703, arising out of the seizure of the goods of a trader of Michilimackinac, when Cadillac was commandant there.
The goods were seized for infraction of the laws which prohibited the sale of brandy to the Indians. The suit was for the recovery of the value of these goods, which were destroyed. The trial was held at Montreal and was decided in favor of Cadillac.
INCENDIARISM
In 1703 some one set fire to the buildings in the village of Detroit and the church was burned, as well as a large warehouse filled with furs, and several other buildings. Cadillac himself was severely burned in attempting to stem the conflagration. There was much speculation as to who set the fire. Cadillac accused the Jesuits of instigating the work. There were no Jesuits in Detroit, but he accused them of sending an Indian from Mackinac to do the work for them. There were some very bitter letters written on the subject between Cadillac and the Jesuit priests at Mackinac and Montreal, but the matter, with them, ended with the letter writing. This did not disclose the incendiary and others were suspected or accused of setting the fire. Shortly after this, in 1706, Jacques Campau accused Pierre Roquant dit la Ville of the crime. Canadian or French justice was administered in the manner that appears odd at this distance. In this case La Ville was arrested and taken to Quebec and lodged in prison. Campau was also summoned to attend the investigation as the complaining witness and most important person. The trial, or investigation, was held at Quebec December 2, 1706 before le conseil extraordinairment and resulted in an apparently extraordinary verdict, for not only was the defendant acquitted, but the complaining witness, Campau, was compelled to pay five hundred livres for the trouble and expense he had caused.
CRIMINAL ASSAULT
In 1705 Pierre Berge (or Boucher) dit La Tulipe, a drummer (tambour) in the company of Cadillac, committed a criminal assault upon Susanne Capelle, a little girl twelve years of age. He was convicted before the conseil superieur of Quebec and was sentenced to make a public confession of his crime and on his knees in the church he was compelled to ask pardon for his sins-he was then to be executed. It was almost impossible to carry out the last part of the sentence, for no one appeared willing to act as executioner. In the jail at Quebec was a man named Jacques Elie, who had been condemned to death for some offense committed at the siege of Port Royal in Acadia. Elie was promised a pardon for his crime if he would act as executioner of Tulipe and the latter was thus duly hanged on November 26, 1705. These were some of the cases the commandants were unable to deal with at home and sent to the higher courts at Montreal and Quebec for trial and disposition.
MILITARY LAWS
Another class of cases, those involving the military laws-disobedience to military orders, desertions and that class of cases, were attended to by the soldiers themselves and came before the commandant in his capacity of military officer and not as a civilian.
There is a record of one of these early trials by court-martial. During the absence of Cadillac from the village in 1705, Bourgmont had charge of the post for a time. He misbehaved himself in various ways to such an extent that the
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citizens nearly rose in rebellion and the public indignation was so great that Bourgmont sought safety in flight. After Cadillac's return, he set about inves- tigating the matter and in 1707 sent an officer named Desane, with fifteen men, to hunt up and capture Bourgmont, Jolicoeur, and Bartellemy Pichon dit La Roze, all of whom were deserters, and who were then leading an abandoned life on the shores of Lake Erie. They were also commanded to bring with them a woman named Tichenet, who was then living a scandalous life with Bourgmont and who was, in part, the cause of Bourgmont's desertion.
Apparently La Roze was the only deserter who was captured and he was tried by a court consisting of Antoine de la Mothe Cadillac, Francois LeGautier, Sieur de la Vallee Derasie, Pierre D'Argenteuil, Guignolet Lafleudor and Fran- couer Brindamour. The defendant was found guilty and sentenced "a avoir la teste cassee jusque a se que mort sensuive," meaning that he should have his neck stretched until he was dead. The word "teste" in old French, for modern "tete," meaning the head, was applied in this case to the neck. This sentence was duly carried out in the garrison of the Fort Pontchartrain du Detroit November 7, 1707. No appeal was taken, nor was it possible that any could be. This was the first capital case in Detroit, but not the last one, for there were several others in later years.
HIGHER COURT APPEAL
As there are no evidences of suits for small sums of money in the records of Montreal or Quebec, it is to be inferred that such cases were attended to at Detroit and by the commandant or some one deputed by him to attend to such matters. Occasionally some action of the commandant would be con- sidered so arbitrary and unjust that a complaint would be made to the Conseil Superieur for redress, as in the case of Louis Gastineau.
This man had purchased a lot within the village enclosure of Cadillac in 1707, but he did not improve it for some time. All the lots within the village were sold upon the understanding that a house would be erected upon them, and refusal or neglect to make the improvements worked a forfeiture of the title. Cadillac notified Gastineau of the breach of contract and posted a notice to that effect upon the church door, as was customary in cases of public notices. As Gastineau paid no attention to the notice, Cadillac attempted to take possession of the land. Gastineau appealed to the authorities at Quebec. An investigation was made and the council passed judgment in favor of Gastineau.
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