USA > Michigan > Wayne County > Detroit > The city of Detroit, Michigan, 1701-1922, Vol. I > Part 23
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Bapt. Hortelle, just above the Huron church (Sandwich) may probably ask for an explanation of my letters to them. They had lands 'en roture' formerly granted to Mons. Longuell and they, of course, have indisputably votes. I have therefore addressed them separately.
"These are the only French deeds acknowledged by the 'Tableau des Terres en roture' on that side of the water.
"I am sure you will forgive me for sending so large a pacquet to you. The most of them are for the freeholders on Lake Erie, all whose names I could recol- leet. The others you will have great goodness by putting in train for their destination. The governor arrived this day.
"God assist you, prays,
"D. W. Smith."
The old question of the boundary lines of the British possessions is brought up by this letter. It was not certainly known whether Detroit was in the new · county of Essex or Kent, but in whichever county it might be located, Smith was willing to sacrifice himself for the publie good. This letter, as were several others on the same subject, was written to one of the most influential men at Detroit, John Askin. There can be no doubt that Mr. Askin exerted himself to the ut- most in favor of his friend, but Mr. Smith was not exceedingly sanguine of suc- cess in the coming election. A few days later there was another letter in which he wrote:
"This is the situation for a disappointed candidate who is fed up with hopes from those who wish him well. As I am a little better nothing prevents my setting off for Detroit immediately, but the coming of the prince. He is to be here about the 25th. My fate is to be determined the 28th.
"Leith tells me you have written to me, but the opposite party have got hold of the letter because they guessed its contents. Have proper booths erected for my friends at the hustings, employ Forsyth to make large plum cakes, with plenty of fruit, etc., and be sure let the wine be good and plenty. Let the peasants have a fiddle, some beverage and beef. If my absence merely should be mentioned as a bar to my election, you may assure the world that if there is time between the returns being made and the meeting of the assembly, I will come up to take the sentiments of the county, and I will annually pay Detroit a visit before I go to meet the assembly."
Truly, a century has not greatly changed the character of the politician. Mr. Patrick McNiff, a surveyor residing at Detroit, told Smith there was little hope of his success, but other friends gave him more encouragement and Smith wrote, on August Sth:
"Everything must now be left to fate and providence will naturally direet for the best. I am so pestered with a fever, headache, want of appetite and withal so weak that nothing else prevents me from setting out for Detroit express. I would kiek up such a dust in Essex as never was there before-and I would serutinize every vote nor allow of any but such as were permitted by the aet of parliament-that is if the people on Lake Erie and on the south side of the river La Tranche were unanimous for my election. What with crossing the water and half a dozen masters to serve exclusive of God and Mammon, ill health and all together I am completely fagged."
Smith was still doubtful of the result and sent Lieut. S. Selby up from Niagara to assist in the election. A few days before the election the latter wrote to Askin:
"In case Mr. Smith is likely to be hard run, I have some votes to bring for-
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ward at short notice, but I would rather avoid their appearing, unless it was absolutely necessary, of this you will be able to judge in sufficient time to send me information."
The election took place at the appointed time and Mr. Smith and William Macomb were chosen to represent this district. The assembly, or parliament, met at Newark (subsequently called Niagara) on the 17th of September and the house of representatives consisted of the following fifteen members: John Me- Donell (speaker), John Booth, Mr. Baby, Alexander Campbell, Peter Van Al- stine, Jeremiah French, Ephraim Jones, William Macomb, Hugh MeDonell, Benjamin Rawlin, Nathaniel Pettit, David William Smith, Isaac Swayzy, Mr. Young and John White. Philip Dorland was also elected, but being a Quaker, he refused to take the oath of office and henee was not given his seat and Peter Van Alstine was elected in his place.
MINOR SUITS OF INTEREST
In order to make a continuous narrative of the first, and only, parliamentary election in Detroit, we have passed over a period that developed other interesting local legal matters.
An unrecorded deed of land made by Gregor McGregor, sheriff, of the distriet of Hesse, dated March 25, 1791, running to John Askin, of a parcel of land situ- ated on the River Raisin, was a sale by virtue of a levy on an execution against Etien Laviolet. The traet of land contained one hundred and sixty aeres and with a house and barn sold for fifteen pounds twelve shillings six pence. The objeet in referring to this deed is to show that the boundaries of the district were supposed to include the River Raisin, and other documents show that the Miami country, northern Ohio, was also claimed to be in the district of Hesse.
Among other minor suits and trials of this period are a few of interest. On July 29, 1791 John Chase (gunner), John McEvoy, Michael Morisey, Thomas Flavell and William Straight deserted from the Snow Chippewa, intending to go to the colonies. On Monday, August 1st, William Fleming, with a party of soldiers of the Twenty-sixth Regiment, captured the deserters, and they were tried in Detroit a few days later and committed to jail. The prisoners were all discharged from the navy and turned over to the eivil authorities to be tried. The punishment could not have been greater than imprisonment, for they had committed no capital crime at civil law.
George Schelsted, tanner, complained that the notorious Simon Girty, on Sunday, August 21, 1791, assaulted him as he was riding on horseback near Cap- tain Lamothe's on the King's Highway (now Atwater Street, at the foot of Randolph Street). Schelsted managed to escape, when Girty threw stones at him and struek him in the head, wounding him severely. A warrant for Girty's arrest was sworn out by Schelsted and placed in the hands of Joseph Elim, con- stable. Girty was arrested and brought before the justice for trial, but no trial ever took place as there is indorsed on the back of the warrant "settled by the parties."
POLICE REGULATIONS
The village authorities had some powers of passing rules and regulations for the government of the village, though it is not certain what these rules were, whenee derived or how enforced. Among the unpublished documents of that period is the following:
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"Report to the commissioners of persons presented to me as having tres- passed against the regulations of the police, Detroit, August 23, 1791.
"Mr. William Scott, two of his cows found in the street by Lieutenant Allison.
"Mr. J. Welch, two of his cows found in the street by Lieutenant Allison.
"Mr. Cotie, two of his cows found in the street by Liteuenant Allison.
"Mr. Girardin, one of his cows found in the street by Lieutenant Allison.
"Mr. Dolson, one of his cows found in the street by Lieutenant Allison.
"Mr. Smith, T. K., one of his cows found in the street by Lieutenant Allison.
"Mr. Hands, one of his cows found in the street by Lieutenant Allison.
"Mr. Whitten, one of his cows found in the street by Lieutenant Allison.
"Mr. G. MeDougal, leaving his cart in the street at night.
"Mr. Fraro, prentice boy, galloping through the streets.
"Mr. Baby, no ladders provided for Mr. Ross Lewen nor his own house.
"N. B .- A number of hogs are dayly running in the streets to the great detri- ment of the public.
"James May, O. P.
Possibly police regulations were those instituted by the garrison, though James May was not in the army. He was a prominent character in Detroit for many years. A brief sketch of his life is copied here from the family bible of the late Alexander D. Frazer:
"Judge James May died Monday, January 19, 1829, aged 73 years. A native of Birmingham, England, he emigrated to Montreal during the revolution, was present at the capture of Ethan Allen, and in 177S removed to Detroit. Ever after the surrender of Detroit to the Federal Government, Mr. May continued to hold civil and military offices. He was the first chief justice of the court of common pleas, marshal of the territory, justice of the peace, colonel of militia, etc. His body is buried in A. D. Frazer's lot in Elmwood cemetery, Detroit. He was married to Margaret Labadie, September 30, 1797, she being then 18 years of age. Their eighth child Augusta Caroline, was married to Alexander D. Frazer, by the Rev. Gabriel Richard of the Roman Catholic church at Ste. Anne's church January 3, 1829, she being then 15 years and 2 month old. Alex- ander D. Frazer was born at Dochgarroch, parish of Inverness, Scotland, January 20, 1796, and died in Detroit in 1877."
FIRE PREVENTION
Another instance of police control is shown by a document entitled "List of inhabitants' names whose chimneys are condemned, and such as are in a danger- ous condition-agreeable to the survey made September 14, 1791." The de- linquents are as follows:
"Mr. Burbank, house of William Macomb, chimney in a dangerous state.
"Joseph Edge, house of Mrs. Baby, chimney, new, condemned.
"Thomas Smith, T. Keeper, his own house chimney in a dangerous state.
"Dr. Holmes, house of William Macomb. The hearth in the upper room dangerous.
"J. Whitehead, house of James Donaldson, chimney comdemned.
"J. Welch, his own house, chimney condemned by himself.
"William Scott, his own house, chimney and stovepipe dangerous.
"John Cornwall, house of Mr. Douler, chimney condemned.
"Lieutenant Hill, government house, chimney in kitchen dangerous.
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"Robert Gouie, house of William Macomb, fireplace in room dangerous.
"Rev. J. Fritehet, public house, chimney dangerous.
"Carsen, soldier, house of N. Williams, chimney condemned.
"Fife major, house of D. Robertson, chimney condemned.
"John Martin, his own house, hearth in upper room dangerous.
"House in back street occupied by a soldier and owned by Joseph F. Jean, chimney condemned.
"Two houses in back street occupied by soldiers and owned by government, chimney condemned.
"James May, O. P."
One would think from the above that nearly all the chimneys in town were defective. The village consisted only of four or five streets running east and west, located between the present southerly line of Jefferson Avenue and the northerly line of Larned Street and from Griswold Street on the east to Wayne Street on the west. The pieket line had been extended on both the easterly and westerly sides northwardly to include the fort, which was situated nearly on the site of the postoffice building, but the land between the fort and Larned Street was low, the little creek running through it, and not fit for residences. Nearly all the buildings were one story in height and built of logs. There were, however, some two-story buildings as will appear by the above list of condemnations.
The houses were very closely huddled together and there were very few vacant lots. There were no brick or stone buildings in the village. There was an en- gine house, but if there was a fire apparatus it must have been of the most simple kind. There was no fire department and if a building should catch on fire the almost inevitable result would be the destruction of the entire village, a calamity that actually occurred in 1805. We cannot wonder, then, that a great deal of attention was paid by the police powers to the matter of chimneys. Stoves, as we know the term, were not in use at that time. They had been invented but a few years before this, and it is very doubtful if one was ever brought to Detroit before the coming of the Americans in 1796. Every house had its fireplace and sometimes there were fireplaces in different rooms of the same house. Wood was exclusively used for fuel, as coal was unknown at that date. On the reverse of the above quoted documents is the following indorsement :
"We acknowledge to have seen the enclosed list concerning our chimnies and the circular letter from the magistrate concerning them.
"Detroit, Sept. 20, 1791. "William Macomb.
"James Donaldson.
"William Scott. "John Martin.
"William and David Robertson.
"Thomas Smith. "N. Williams."
The notice referred to was drawn up by a committee of prominent citizens, but whether at the request of some publie gathering, or of the military depart- ment, or of their own motion, cannot now be determined. The notice is as follows:
"To the occupiers of those houses in the town of Detroit whose chimnies, according to the late survey, stand in need of repair.
"Gentlemen-You will see by the enclosed report that the chimnies of your
.
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respective houses have been examined in conformity to the regulations of the police and that many, though not dangerously bad, are yet in want of repairs. You will therefore please order that the repairs necessary to render them sound and sufficient be accomplished betwixt - - and 10th October next, other- wise you will be liable to the penalties annexed to the regulations in that behalf made.
"We are, gentlemen, your humble servants,
"John Askin, J. P. "George Meldrum. "Alex. Grant. "Geo. Leith. "Geo. Sharp. "Wm. Macomb.
"Detroit, 19th Sept. 1791."
The list referred to is among these old records. It contains a number of names of householders of that day not found in other places, and as the list is interesting it will be given in full. In the original the owners and tenants are distinguished by a numeral; those numbered one (1) being proprietors, and those numbered two (2) being tenants. The list follows:
"Report of the chimneys in the Town of Detroit, agreeable to the survey made September 14, 1791, by Perot, Wheaton, Fraro and Cocillyard, by pro- ffession, masons and carpenters.
"Black Dinah (2) kitchen fireplace, wants repairs.
"Mrs. Bourbank (2) chimney in dangerous condition.
"Joseph Edge (2) chimney condemned as being unfit for use.
"Couteaur, the cooper, (2) chimney wants repairs.
"Jacques Pilquey (1) kitchen fireplace wants repairs.
"Thomas Smith (1) kitchen chimney very dangerous, unfit for use.
"Doctor Holmes (2) kitchen wants repairs, one harth in the upper room in a very dangerous condition.
"Provencal, blk smith (1) chimney wants repairs.
"John Whitehead (2) chimney condemned.
"John Welch (1) chimney condemned.
"William Scott (1) kitchen chimney very bad, the pipe of the stove only 11/2 inches from the woodwork.
"John Cornwell (2) chimney in bad order, mason work done with clay, con- demned.
"Mathew Dolsen (1) kitchen chimney wants repairs.
"Francois Roucour (1) kitchen chimney wants repairs.
"Augustin Lafoy (I) kitchen chimney wants repairs.
"Lieut. Hill (2) kitchen chimney in a dangerous condition.
"William Hands (2) the top of his chimney in bad order.
"Walter Roe Esq. (1) kitchen fireplace wants repairs. "George Leith Esq. (1) kitchen fireplace wants repairs.
"Robert Gouie (2) fireplace in the room very dangerous.
"George Sharp, Esq. (1) kitchen fireplace wants repairs.
"James Allen (2) kitchen fireplace wants repairs.
"Rev. Mr. Fritchet (1) kitchen fireplace in a very dangerous condition. Carsen, soldier (2) brick chimney in kitchen condemned.
"Jacque Baby, bake house chimney wants repair.
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"Geo. MaeDougall (2) kitchen chimney wants repair.
"Mr. Baby (1) kitchen chimney wants repair.
"William Forsyth (1) kitchen fireplace wants repair.
"Thomas Reynolds (1) kitchen fireplace wants repair.
"Mrs. Ford (2) ditto ditto
"Lieut. R. Lewen (2) ditto ditto
"John Askin Esq. (1) ditto ditto
"Fife Major (2) chimney condemned.
"William Park Esq. (1) kitchen chimney wants repairs.
"John Martin (1) the harth in the upper room fronting the street in a dan- gerous condition.
"Three houses opposite Doctor Holmes, occupied by soldiers, the chimneys all in bad condition.
"We, the subscribers, having duly inspected the chimneys in the Town of Detroit, have found and do declare the before mentioned chimneys to be exeep- tionable as herein stated.
"Detroit Sept. 15, 1791.
"Louis Perault.
"Francois Frero.
"Alexis Cerait.
"Jno. Wheaton.
"James May O. P."
There was no printing press, nor any method by which the above report could be readily reproduced, and the making of a copy of it for each delinquent was quite a task-too much of a task, in fact, to be undertaken unless it became necessary. In order to avoid such a work, the original notice and report was taken to each of the persons named above, and each signed a statement that he had seen the original. The paper was then sent to Lieutenant Smith by the magistrates and the entire matter certified to by Walter Roe.
Mr. Roe was a lawyer who resided at that time in Detroit and became of considerable local importance. After 1796 he removed to the Canadian side of the river and ended his days there.
There was no law applicable to Detroit which would permit the enforce- ment of penalties necessary to protect the place against fires. The examination and report of the magistrates made it manifest that such a law was a necessity, for a fire, onee started, would destroy the village in short order. A public meet- ing was called, the state of affairs laid before the citizens and a memorial addressed to the legislature to pass laws applicable to the situation. This memorial was forwarded to Mr. Smith, who presented it to the governor at Niagara.
Governor Simcoe assembled the first provincial parliament of Upper Canada at Newark (Niagara) September 17, 1792, and a few days later the petition of the citizens of Detroit was laid before the lower house. The first information we have on the subject is derived from a letter of Mr. Smith's, dated September 24, 1792. He writes:
"Your petition from the merchants has been handed to the governor. Mr. Macomb and I eannot yet answer the merchants' letter formally. When we are certain as to the result you shall hear. I fear, however, from the silence observed on the occasion of the memorial that it does not augur well. I am working day and night to effect a police bill for you in such a manner as to prevent and obviate all your difficulties and my struggles shall not be wanting to bring it to maturity."
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The chief difficulty was to so word the text of the law that while it would be applied to Detroit, it should not mention that place by name. The old trouble of passing laws for the government of the territory they were wrongfully in pos- session of still bothered the Canadians, and came to the surface on this occasion. While the police bill was being discussed, other matters of general importance came before the assembly. On the 24th Smith wrote.
"We have done little as yet; one grand bill for the general settlement of the laws of the land will, I expect, pass, and we have passed a jury bill in general terms through one house, with some difficulty-a bill to enable two justices to try 40s without appeal, is in great forwardness-ways and means seem the great difficulty. One or two committees for that purpose have proved nearly abortive. I proposed that every land holder should pay one farthing per acre per annum for all lands above 200 acres, which I conceive would not burden the settler, but · the court party and the popular party were both against me, and I stood alone in the house. However, I am still of opinion that a land tax, whether it goes by that name or not, must eventually take place. I act from principle, altho' I value the world's opinion somewhat. I cannot conceive that one farthing raised by the house of assembly can be deemed onerous, when the magistrates in quarter session will probably have power to raise much greater sums."
PARLIAMENTARY LAWS FOR DETROIT
On the 15th of October parliament was prorogued. The acts passed at this session are contained in eight chapters comprising five pages of printed matter. Each chapter would be considered a separate act as our laws are published. The acts were as follows:
First, repealing the ancient law of the Dommion which required the use of Canadian or French laws for the government of the province.
Second, establishing trial by jury.
Third, establishing a system of weights and measures.
Fourth, abolishing summary proceedings in court actions under ten pounds. Fifth, an act to prevent accidents by fire.
Sixth, an act for the speedy recovery of small debts.
Seventh, an act to regulate tolls in mills.
Eighth, an act for building a court house and jail in every district.
There is no doubt that some of these laws were passed at the instance of Detroit persons and were applicable to Detroit more than any other place.
The first chapter sets forth that the old Canadian laws were adapted to the French, but that since the Dominion was divided and Upper Canada formed, the number of Englishmen exceeded the number of Frenchmen and the laws should be altered to meet the new condition. This change in nationality certainly had not taken place in Upper Canada if Detroit was excluded, for that place was the most important above Montreal and the great influx of English people had been at that place. It may be noted that chapter five, "an act to prevent accidents by fire in this province," was passed at the request of Detroit citizens. The substance of this act was that-
"It shall be lawful for the magistrates of each and every district in this pro- vince, in quarter sessions assembled, to make such orders and regulations for the prevention of accidental fires within the same, as to them shall seem meet and necessary, and to appoint firemen or other officers for the prevention of accidental fires, or for the purpose of extinguishing the same, when such may happen, and
CITY OF DETROIT
to make such orders and regulations as to them may seem fit or necessary, in any town or towns, or other place or places in each district within this province, where they may be 40 storehouses and dwelling houses within the space of half a mile square."
The assembly might as well have mentioned Detroit by name in this bil, for there was no other place to which the law could be applied, but here again it beenme necessary to pass a general law in order to avoid openly claiming Det oit as a British possession.
The act to regulate the toll to be taken at mills was prepared in the interest of the millowners of Detroit. It permitted the taking of one-twelfth of the grain as toll for the grinding, thus regulating the amount for the province.
Chapter Eight changed the name of the district of Hesse to the Western Dis- triet, and provided that "a gaol and court house" should be built "as near the present court house as conveniently may be." This phrase is somewhat uncer- tain, because there was, at this time, no court house in Detroit and the jail was located near the corner of Wayne and Larned streets. It was not the intention to erect publie buildings in Detroit and under this aet the court house and jail were subsequently erected in Sandwich.
What parliament did not do at its first session is quite as interesting to learn as what it did do. A few days before the adjournment Mr. Smith wrote:
"I have had several confabs with the chief about the continuation of the court of common pleas (in Detroit) but I find the law will admit of it, for reasons hereafter to be explained to you."
It would appear from this that there was doubt as to the propriety of main- taining this court on the North side of the river. It certainly was continued in Detroit for a period somewhat later than this. He continues:
"The bill for 40s which I brought into the house will, I hope, obviate the difficulty you mention of debtors under £10 not being subject to imprisonment."
It will be remembered that for many years later than this, imprisonment for debt was the proper way of collecting accounts and that the first process in an action for debt was the capias.
PREPARATIONS FOR SECOND SESSION
Already were preparations being made for the meeting of the second session. These preparations consisted in formulating bills which were rejected at the first. session, to be introduced in the second session, that would suit Smith's constit- uents. His letter of October 2, 1792 contains the following:
"I proposed a bill to enable the magistrates in quarter sessions to levy county rates, but it has been thrown out. I have been of opinion also that the magis- - trates in quarter sessions should choose the different county, town and parish officers, but that, it seems, 'cannot succeed either, most of the members being for a town meeting and that these officers should be elective. However, as I con- ceive these meetings to have been the cause of the late unhappy rebellion (the Revolutionary war) and must always be attended with riot and confusion, it does not meet my ideas. I think the majesty of the people should never be called together, but to choose their representatives for the house of assembly, and per- haps to assemble them without an instrument from the governor may be illegal, and to force that instrument from him by law may be an infringement of his prerogative."
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