USA > Michigan > Wayne County > Detroit > The city of Detroit, Michigan, 1701-1922, Vol. I > Part 29
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"5th. The improper use of the public monies by its having been applied to the use of a few individuals and the enormous and unjustifiable charges brought forward by such individuals as a pretext for retaining such monies in their hands-
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however it is to be remarked that at the last term (December) of Common Pleas, that Judge Bufait (Beaufait), one of the persons who had drawn largely out of the Nominal Treasurer's hands, had promised that he would ere long replace what he had drawn from the Nominal Treasurer.
"6th. Another species of Grievance which the County universally labours under and as universally complained of and which mostly affects the poorer class of people, and requires the immediate attention of the Legislature: That is, the great abuses arising from unjust weights and measures throughout the County. The people in Trade purchasing of the inhabitants grain by the French bushel of 40 Winchester quarts and sell out again grain and salt by the Winchester bushel of 32 quarts.
"Similar abuses are carried on in the sale of bread by the Bakers, when flour is "sold at 32 per ct. the three pound loaf is sold by them for 1-6 and that loaf when weighed often times falls short sometimes three and sometimes four ounces of its proper weight. I have often made the experiment by weighing the loaves. It is in the power of the Legislature to say what the legal measure shall be throughout the County; it also rests with the Legislature to vest in the Justices of the Quarter Sessions power to regulate the price of bread in proportion to the price of flour; this is the case in all well regulated Towns, a similar regulation has hitherto been attempted to be carried into effect here, but for want of sufficient authority vested in the Justices of the Sessions the attempt proved fruitless, two of the Magistrates being themselves Bakers and two others of them Shopkeepers.
"Wishing you good weather in your journey, an agreeable reception at Cincin- nati, and a safe and speedy return to this place,
"I remain most sincerely yours, "Patrick McNiff.
"If au opportunity should offer from Cincinnati for this place, immediately after some business having been done by the Assembly, I shall hope for your friendly communication stating proceedings. I have to request that you will be pleased in all your deliberations and measures respecting your mission to the Assembly to consult Mr. Sibley and pay attention to his opinion.
"P. McNiff.
"That the Justices of the Quarter Sessions be impowered to remove nuisances placed in the public streets of Detroit, by many of the inhabitants placing gal- leries before their doors, which galleries project out into the streets a great distance to the great annoyance and injury of the public, the streets of Detroit being so very narrow as not to admit of any such encroachments.
"P. McNiff.
"The disorderly conduct of the inhabitants by the profanation of the Sabbath day, by horse racing, dancing and a thing too common on that day (drunkenness). These vices require the attention of the Legislature to pass a law to suppress them."
GRAND JURY REPORT
"The Grand Jury for the County of Wayne upon their oath present-viz- That they recommend the particular attention of the Bench to the presentation delivered by the Grand Jury at the last Sessions ---
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"That many of the Gentlemen of the Jury, had declared themselves before the Court to be British Subjects, before they have taken the oath as Jurors, and that notwithstanding they had the mortification to hear reflections thrown against that Government, in the charge from the Bench, which very naturally hurt the feelings of many of the Jurors, and could only tend to disturb the harmony now existing between the respective Governments.
"That a complaint from William Smith was delivered to the Jury at the door of the Jury Room, which the foreman immediately laid before the Court for their opinion how to proceed; that the Court ordered the foreman to give the opinion of the Jury in writing upon the back of the said complaint.
"The opinion of the Jury was that a bill of indictment should be made out against the persons mentioned in the said complaint, which the Court refused, and gave as their reason that the Jury had acted improperly in receiving, or giving their opinion upon any complaints which did not come through the medium of the Court; although it had been laid before them previous to any opinion being given.
"That the Grand Jury as representing the body of the County; (although not versed in law), conceive it their duty to represent every grievance that comes to their knowledge, from whatever channel they may derive their infor- mation; and that upon requesting the Court for a perusal of the charge delivered to the Jury from the Bench, as a regulation of their conduct, it was refused them.
"That it is the opinion of the Jury, that the office of Coroner and Sheriff cannot be held by the same person, as the duty of the one frequently interferes with the other.
"That all nuisances should be speedily removed, particularly the offensive smell arising from the Slaughter Houses, and the quantity of dead Carcasses which are found in every corner of the Town and which must injure the health of the Citizens as the warm weather is fast approaching.
"That the Grand Jury earnestly recommend that this and the former pre- . sentation should be speedily transmitted to His Excelleney the Governor, and request the attention of the bench to this circumstance.
"Jury Room Detroit 9th March '97 "John McGregor, Foreman,
"John Reed,
"Ant Baubiene,
"R. Pattinson,
"John Fearson,
"Simon Campau,
" Alexr. Duff,
"Robert Gouie,
"J. B. Barthe,
"Francois Gamelin,
"Jas. Fraser,
"Joseph Bond,
"Chabert Joneaire,
"John Dodemead."
"Louis Barthy,
"Israel Ruland,
"D. labrosse,
"Joseph Thibault,
"Wm. Groesbeck,
COURT FEES
The following is a statement of the court fees for the March term of 1797. This shows that six judges were in attendance; that the session lasted three days, and the total expense was $6.3712. There were seven justices at this time, but Louis Beaufait's name is not on the list.
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CITY OF DETROIT
MARCH SESSIONS 1797
Fees of Court Clk.
Cyrer
Clerk writing precept to the Sheriff.
28
...
advertising court in french & english ...
25
Tuesday-
Cryer calling Grand Jury
121/2
Clk. empannelling & swearing J.
25
Clk. calling Sheriff &c. & Coroner.
12
...
Clk. calling C. Magistrates & their
returns.
36
. .
Cryer calling S constables.
48
Clk receiving & swearing on their
returns.
48
Cryer calling Peter Loope 3 times
9
Clk entering deffault.
121/2
Court passing order thereon
15
1212
Clk swearing Jacques Campau, collector
. ..
6
Wednesday-Calling Grand Jury
. .
1212
.
. . .
refusing to serve as a constable.
15
Clerk entering order & fine
15
Clk reading in french & english
Petition of Wm. Smith.
30
Court passing order thereon.
15
Clk reading in french & english
Petition of Herman Eberts, acting sheriff
30
Court passing order thereon.
15
Court appointing Jno. Loveless
constable in lieu of Pre.
Belair excused.
3712
.
Clk entering appointment.
9
Court passing order on Pierre Montour on compaint of L. Ribidou
15
. ..
Clk entg. order.
121/2
.
Thursday- calling Grand Jury
Court passing order respecting the
price of ferries.
15
Clk entg. order
121/2
. ..
Clk receiving and filing presentment of the Grand Jury
6
. .
Clk reading same in english & french. . Court passing order thereon.
15
Clk entg. order .
1212
Clk transmitting to the Governor a
certified Copy with seal affixed . ..
. .
50
. ...
$1-421/2 $4-2512 $ .6912
3 days attendance for 6 Justices.
6
Clk swearing Joseph Bourdeau, constable Court fining Ante. Pellier for
...
.
....
1212
12
. . ..
Clk entering order.
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CITY OF DETROIT
DIVISION OF NORTHWEST TERRITORY
A bill introduced in Congress for the division of the Northwest Territory into two territories became a law on the 7th of May, 1800. This established the Territory of Indiana, the eastern line of which was the eastern line of the present State of Indiana projected to the national boundary line on the north. Thus, the present State of Michigan was divided nearly in halves and the western portion was included in the new territory. The eastern portion, including Detroit, was left in the old territory which did not change its name from the "territory north- west of the Ohio River."
The members of the Assembly who came from Indiana Territory ceased to hold office. Henry Vanderburgh, president of the eouneil, was the only member of the house who was thus legislated out of office.
The act of May 7, 1800 also provided that whenever the eastern territory should be ereeted into a state, the eastern boundary of the Territory of Indiana as specified herein should be the permanent boundary between Ohio and Indiana. It further provided that Chillicothe should be the seat of government for the eastern territory and Saint Vincent (Vincennes) should be the seat of government of Indiana Territory, until otherwise ordered by the respective legislatures.
The second session of the first assembly met at Chillicothe November 5, 1800. The members at first from Detroit were Solomon Sibley, Oliver Wiswell and Jacob Visger. Again Wiswell did not appear, being afraid that his election was not regular.
One of the first aets was to choose a sueeessor to Henry Vanderburgh, who was in the new Territory of Indiana and consequently could no longer act with the council. President Adams awarded the appointment to the legislative council to Solomon Sibley on December 3, 1800. His term of office was to last for five years from the date of Vanderburgh's appointment. The assembly was pro- rogued on the 9th of December, 1800, so that it is probable that Sibley did not take his seat in the couneil.
SECOND ASSEMBLY ELECTION
The election for members of the second assembly for Wayne County took place in Detroit October 14, 15 and 16, 1800. An account of this election is eon- tained in a letter from Peter Audrain printed in the St. Clair Papers, Vol. 2, page 49S. The report of the election is in Vol. VIII of the Michigan Pioneer Collection, on page 517. The limits of Wayne County had been greatly curtailed by the ereetion of Indiana Territory, which took more than half of the county, but the eleetors lived, for the most part, in Detroit and on the River Raisin (French Town).
The contestants for the election were: George MeDougall, who received one hundred and ten votes; Col. Charles F. Chabert de Joneaire; Jonathan Schief- felin; Benjamin Huntington; Joseph Cissne; James May, who received twenty- two votes; and Jacob Visger, who also got twenty-two votes. Sibley did not enter the list, as he expected an appointment to the council. The election was awarded to Chabert, Schieffelin, and McDougall. Cissne and Huntington contested the election of MeDougall and Schieffelin, respectively.
CISSNE PROTEST AGAINST MCDOUGALL ELECTION
The protest of Joseph Cissne against the election of MeDougall was on the ground that MeDougall did not own two hundred aeres of land in his own right,
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CITY OF DETROIT
as required by the ordinance of Congress, and that he was of a pernicious dispo- sition, disquiet mind and conversation, and contriving, practicing and falsely turbulenting and seditiously intending the peace and common tranquillity of the government of the United States and of this territory, to disquiet, molest and disturb. At this time MeDougall was one of the judges of the court of common pleas and the protest of Cissne was to come before the court of enquiry, which would consist of at least two judges of the common pleas. The other judges, May and Visger, had been MeDougall's contestants at the election and very naturally MeDougall objected to their sitting as judges in the case. He filed a protest against the proposed action of the two judges and objected vigorously to the claims of "that poor wretch, Cissne, who had been made a tool of on this occasion," that he did not have two hundred acres of land. In fact he was "land poor." Notwithstanding MeDougall's protest the two judges proceeded with the investigation. On the investigation it was shown that MeDougall was anx- ious to have the taxes of the entire county paid in kind, as the poor farmers had no money with which to pay them. A letter written by McDougall was pro- duced, written a few days before the election, stating that there would be trouble if the sheriff undertook to enforce the collection of taxes by levying on the prop- erty of the poor farmers. He proposed the calling of a special session of the justices "at this alarming crisis" to make some arrangements to relieve them. It was also shown that MeDougall had stated publicly that the tax law was unjust and oppressive and if the sheriff undertook to enforce it, he would be resisted. These were the charges brought to disqualify MeDougall. Most of the matters have been printed in the Michigan Historical Society, Vol. S, but the sequel is not referred to there. The testimony taken by the judges was certified to the legislature to be passed upon by them. The contest was decided in favor of MeDougall and Schieffelin on December 1, 1802.
McDougall, after a time, began a suit against Joseph Cissne for slander in the utterances made by him in the charges, and claimed damages amounting to two thousand dollars. Cissne defended upon the ground that the charges were true, and were uttered only in connection with the legal proceedings and with no mali- cious intent. Solomon Sibley represented the plaintiff and Elijah Brush appeared for Cissne. A commission to take testimony was issued September 1, 1801. The testimony of Benjamin Huntington was taken October 9, 1801 and was to the same effect as that taken before the court of enquiry, which is already in print as mentioned above. The case never came to a trial, as Cissne died and the suit abated in consequence, but McDougall served in the legislature.
MEETING OF SECOND ASSEMBLY
The second assembly met at Chillicothe November 26, 1801. The provision in the act of Congress of May 7, 1800, fixing Chillicothe as the seat of government, raised discussion and created much bitterness. Many of the members thought the provision was brought about by the action of men who were interested in Chillicothe and that these people acted selfishly and without regard to the con- venience or the requirements of the territory. There was also a growing dislike to the governor (St. Clair) which disturbed the tranquillity of the assembly. On December 25, 1801 these disturbances had so affected the town people of Chilli- cothe that they proposed to burn the governor in effigy. The plan would have succeeded except for the interference of one of the members of the council. The next night a number of boisterous citizens undertook to create a disturbance in
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CITY OF DETROIT
the house in which the governor was a boarder. Fortunately, the rioters at- tacked Mr. Sehieffelin, who was living in the same house. Mr. Schieffelin drew a dirk in self-defense and by his threats drove the rioters from the house. The ac- count is found in the St. Clair Papers, Vol. 2, page 556. Some others assert that Shieffelin drew a brace of pistols and thus drove out the rioters.
The immediate provocation of the riot was a bill to change the location of the seat of government from Chillicothe to Cincinnati. This bill passed and became a law on the first day of January, 1802.
BILL TO ALTER BOUNDARIES
There was another bill which passed and was approved December 21, 1801, which gave the consent of the territory to alter the boundary lines of the states to be formed in the Northwest Territory as provided in the ordinance of 1787. There was a great amount of discussion over this bill and many hard feelings engendered. Governor St. Clair and his friends were opposed to the formation of the new state and thought they could prevent it, for a time at least, by the passage of the act of December 21st. The people of Detroit were greatly inter- ested in the formation of a state in the eastern district. Protests, numerously signed, were sent to Congress and an effort made to prevent the establishment of the new state.
ITS AMENDMENT
The bill, as originally introduced, included the eastern portion of Michigan in the proposed new state, but the serious and strenuous opposition of the citizens of Detroit to the measure, led to an amendment of the bill, so that the northern line of the state should be a line drawn due east from the southern extremity of Lake Michigan. It was in this form that the bill became a law April 30, 1802.
The amendment was, in some ways, an unfortunate thing for Detroit. If the amendment had not been made, Detroit would have formed a part of the new State of Ohio and the people would have, at once, been given the rights of citizens in that state. The amendment placed Detroit in the Territory of Indiana. Thus, the citizens were first in a country organized under the first grade of government; that is, managed by a governor and judges appointed by the Federal Govern- ment. Next they passed to the second grade, in which there was a governor, an elected assembly and appointed council. Instead of being promoted now to the third grade, or the grade of statehood, they were degraded to the rule of the governor and judges. There was considerable bitterness in Detroit, and many complaints were made, but no alteration or improvement was affected. Not being within the lines of a state, the people had no vote. Being relegated to the first grade, there were no members of the assembly to be voted for, and no delegate to Congress to be elected. It was many years before there was a delegate to Congress. The first delegate was chosen in 1819 and the first legis- lative couneil took office in 1824.
INCORPORATION OF DETROIT
The legislative council which met at Chillicothe in 1801 completed its labors and adjourned January 23, 1802. On the 18th of January, a few days before the adjournment, there was passed an act incorporating the town of Detroit. The passing of this aet was largely the work of Solomon Sibley and upon his return to Detroit a public celebration was held and at the meeting of the citizens
.
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CITY OF DETROIT
the "freedom of the town" was voted to him. A petition for the incorporation of "the Corporation of Detroit" is printed in the Michigan Pioneer Collections, Vol. S, page 507. This session, ending January 23, 1802, was the final meeting of the legislative council of the Northwest Territory, and from this time Detroit was in the Territory of Indiana.
The above named act for the incorporation of the town of Detroit was passed by the assembly January 18, 1802. The village was composed of parts of the townships of Detroit and Hamtramck, bounded in front by the river, on the east by the line between the farms of John Askin (Brush) and Antoine Beaubien, on the west by the line between the farms of the heirs of William Macomb (Cass) and Pierre Chesne (Jones) and extending back from the river two miles. The town was to be governed by five trustees, a secretary, an assessor, a collector, and a town marshal. The trustees formed a body politic by the name of "the board of trustees of the town of Detroit." An annual election was to be held on the first Monday in May of each year, and the electors were all freeholders paying an annual rent of at least forty dollars, and such other persons as might be admitted to the freedom of the corporation by the electors at an annual election. All of the above named officers were to be elected and hold office for one year. The board of trustees had power to pass all needful rules and regula- tions for the government of the town, such rules to be in force until "they shall be disapproved of and rejected by a majority of the voters present" at the next annual election.
APPOINTMENT OF TOWN OFFICERS
The first set of officers, appointed by the legislature, and named in the incorporating act, were: John Askin, Sr., John Dodemead, James Henry, Charles Francois Girardin, and Joseph Campau, trustees; Peter Audrain, secretary; Robert Abbott, assessor; Jacob Clemens, collector; and Elias Wallen, marshal. The act took effect February 1, 1802.
Askin, who was named as one of the original trustees, was not an American citizen, and never intended to become one. It is probable that Elijah Brush, then one of the leading lawyers in Detroit, procured the insertion of his name in the charter from motives of friendship. At this time Brush was with the assem- bly, although not a member of it. He married Askin's daughter, Adelaide. Askin removed from Detroit in the spring of 1802 and never assumed the office of village trustee.
Recognition of other offices is contained in an act of January 10, 1802, pro- viding for the giving of official bonds by clerks in judicial offices. These clerks were of the general (supreme) court, of the circuit court, prothonotaries of the court of common pleas, clerks of the courts of quarter sessions of the peace and clerks of the orphans' court. Judges of the probate courts acted as their own elerks.
The justices whose names appear in 1801 were: Joseph Voyez, Jean Marie Beaubien, Francois Navarre, James Henry and Jacob Visger. Three of these men were French, one (James Henry) an American from Carlisle, Pennsylvania, and one (Jacob Visger) of Holland Dutch descent from Schenectady.
CONGRESSIONAL DELEGATES
William Henry Harrison was the first delegate to Congress from the North- west Territory. Upon the organization of Indiana Territory, Mr. Harrison
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CITY OF DETROIT
became its first governor and William MeMillan was chosen delegate to Congress in his place. Paul Fearing was elected the next and last delegate. The council, in its instructions to Mr. Fearing, directed him to endeavor to have commissioners appointed by Congress to settle the titles to lands at Detroit; to procure a dona- tion of lands for education and religion and to obtain a grant from the general government to the town of Detroit of the "commons." The "commons" was the designation of the land lying between the old town of Detroit (above Gris- wold Street) and the present Randolph Street. This land had always, even during the French regime, been considered as belonging to the public.
Mr. Fearing presented these matters before Congress in March, 1802, and they were referred to committees, but it was near the end of the session and nothing was done with them at this time. Of the Territory of Indiana, of which Detroit now formed a part, William Henry Harrison was governor and John Gibson was secretary.
The judges were William Clarke, Henry Vanderburgh and John Griffin. The general court did not have any equity powers, nor could an appeal be taken from its decisions. Both of these defects were sought to be remedied by Congress in 1803 (House Journals 1803, pp. 490 and 505), but the efforts were not sue- cessful. Little attention was paid to Detroit.
The County of Wayne was proclaimed by Governor Harrison January 14, 1803 (Michigan Historical Society, VIII, p. 542). Sessions of the governor and judges were held and laws enacted January 30, 1802, February 16, 1803 and September 20, 1803. In September, 1804, a general election was held, at which time it was decided that the territory should pass to the second grade of govern- ment; that is, it should have a governor and a legislative assembly, instead of the governor and three judges as the legislative body. This election was called by proclamation of Governor Harrison, Angust 4, 1804, to be held on the 11th day of the following September. The time was so short that no notice of the proposed election reached Detroit and no votes were cast there. This circum- stance was one of the leading arguments for the partition of the territory and the formation of Michigan Territory in 1805.
Only four hundred votes were cast at the election and the majority of one hundred and thirty-eight was in favor of passing to the second grade of govern- ment.
An election of representatives was called for on the 3rd of January, 1S05, and Wayne County was authorized to elect three members. The members elected were to meet at Vincennes on February 3, 1805 to seleet ten men from whom the President was to choose five as members of the council. Again no election was held in Detroit or in Wayne County.
FORMATION OF MICHIGAN TERRITORY
Application had been made by Joseph Harrison and others in 1803 to organize Michigan into a separate territory. This effort failed, but in 1804 another peti- tion for the same purpose was filed by James May and others. The result was that an act was passed January 11, 1805, for the organization of Michigan Territory on June 30th following. This put an end to all desire on the part of the citizens of the new territory to take any part in the management of Indiana Territory. The first assembly of Indiana Territory met July 30, 1805, just a month after Michigan Territory was organized.
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