USA > Michigan > Wayne County > Detroit > The city of Detroit, Michigan, 1701-1922, Vol. I > Part 34
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 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86
* They very readily agreed to relinquish their plan and wait for our arrangements. We immediately fixed upon a plan, and employed the best surveyor we could find in the country to lay out the streets, squares and lots."
Judge Woodward and the surveyor, Thomas Smith, who had been brought over from Upper Canada, then began the task of preparing a survey and plat of the new town. The people, who had acceded to the suggestion of the gov- ernor and judges regarding the matter, thought that it would be just a matter 'of a few weeks until the new town was platted and the lots assigned or sold. So, when the undertaking stretched into weeks, then into months, they became elamorous and insisted upon some settlement. In this manner. with constant quarreling, delays and litigation from both sides, the situation bore along.
In November, 1805, Governor Hull and Judge Woodward went to Wash- ington, having with them a plan for the relief of the Detroit people. They labored all winter on the project and were successful in seeing the bill enacted into a law on April 21, 1806. This act authorized the governor and judges to lay out a new town, to include the site of the old one and 10,000 acres adjacent. excepting the military reservation. As all the lot owners in the former village claimed an ownership to certain parts of the town and as it was impossible to give them their original holdings unless the old town with its narrow streets and small lots was retained, the citizens concluded to lay out a new town and give lands there to the old lot owners in exchange for their former posses- sions. The judges were to adjust claims for these lots. A lot, not exceeding 50 by 100 feet in size, was to be conveyed "to every person above the age of seventeen years who owned or inhabited a house in Detroit at the time of the fire, and who does not profess or owe allegiance to any foreign power." The lands remaining were to be sold and the proceeds used for building a court house and a jail.
Governor Ilull, Judges Woodward and Bates. met at the governor's house,
311
CITY OF DETROIT
September 6, 1806, and appointed Judge Woodward as a committee to take the proper steps to carry into effect the act of Congress of that year. On the fol- lowing Monday, September 8th, it was resolved to at once lay out a town. The basis of the town was to be an equilateral triangle, each side to be 4,000 feet and "having every angle bisected by a perpendicular line upon the opposite side, such parts being exeepted as from the approximation to the river, or other unavoidable circumstances, may require partial variation." Titles to lands were to be ascertained and established and new lots were to be granted to the lot owners in the old town, in such manner as appeared to the judges to be just.
The following description of the plan as originally contemplated is taken from a map made by J. O. Lewis and reproduced in Volume V, Public Land Series, American State Papers. At the intersection of Adams and Woodward avenues was a circle called the "Grand Circus." It was the intention to loeate the court house in this circle and on the first plat of the town Woodward Avenue appears as Court House Avenue. From the Grand Circus avenues radiated like the spokes of a wheel. Of these avenues, Washington ran due south. Be- tween Washington and Adams on the west was Macomb (now Bagley) Avenue. East of Washington the avenues were Court House, Miami and Madison. The name of Miami Avenue has been changed to Broadway. At the two corners of the plat nearest the river were two semicircular reservations connected by Jefferson Avenue. Michigan Avenue started from the upper reservation and ran almost due west. Monroe began at the lower reservation and ran in a north- easterly direction. At the point where these two avenues erossed Woodward was left the square known as the Campus Martius. Between the avenues rad- iating from the Grand Circus, and about two blocks from it, were triangular tracts reserved for public use. On the one between Miami and Woodward stood the penitentiary and on that between Woodward and Washington was the old capitol building. Two similar triangles lay north of Jefferson Avenue. Upon the one east of Woodward Avenue was the Catholic church. Near the center of the triangle bounded by Michigan, Monroe and Washington avenues was Fort Shelby. The military reservation of Fort Shelby, objections on the part of some of the property holders to surrendering their original holdings, and other causes, prevented a strict adherence to the original survey. The half of the Grand Circus north of Adams Avenue was never laid out. The semicircular reservations, at the upper and lower ends of Jefferson Avenue, and the tri- angular reservations around the Grand Circus were never established, or have disappeared.
They now had a plan for a eity to work upon, but no surveys, and on Sep- tember 30th they directed that twenty lots be surveyed on Court House (Wood- ward) Avenue, between the Circus and the little square, that is between the Grand Cireus and the Campus Martius, and that they be sold at auction. These lots were all to be 60 feet wide by 100 feet deep. It was also resolved that no more lots on either side of Main Street (Jefferson Avenue) or between that street and the river should be granted as donation lots. (Further reference to the donation lots is contained in a succeeding paragraph). It was also resolved not to give any lots on Court House Avenue east of the Court, nor any of the corner lots on the Military Square (Campus Martius), as donation lots. This resolution implies that there was a building on Woodward Avenue which was used for holding court and that it was between Jefferson Avenue and the Campus.
312
CITY OF DETROIT
On the 12th day of December, 1806, the governor and judges made the fol- lowing report to Congress :
"We have the honor to report to the Senate and House of Representatives of the United States of America, in obedience to the act entitled 'An aet to provide for the adjustment of titles of land in the Town of Detroit and Terri- tory of Michigan, and for other purposes,' that we have laid out a town or eity, of which a plan accompanies this report, and have made progress in the adjust- ment of titles and the distribution of the donations contemplated by the said act, and expeet shortly to complete the same."
The map or plan which accompanied this report was made by Abijah Hull and is dated February 1, 1807. The report accompanying it was presented to Congress about February 9, 1807. The report and plan were both mislaid and remained undiscovered until April, 1909, when a copy was obtained by Mr. Clarence M. Burton.
Mr. Thomas Smith, who was a surveyor on both sides of the river, made a report in 1821, in which he stated that there was a plan of the city made in 1805 which was taken to Boston and to Washington and was then deposited with the legislative board of Michigan Territory, "but unfortunately the nee- essary precaution was not taken and the plan fell into the hands of Mr. Hull. surveyor, who drew from it several other plans differing from the original and also differing from each other." The original plan at a later date, fell into the hands of Aaron Greeley, surveyor, "in whose honse it was seen in a broken window, keeping ont the weather and in whose hands it disappeared."
The plan of 1807 included the farms owned by private individuals on both sides of the eity proper for a considerable distance and it was expected that in future additions to the eity the proprietors would conform to the general and original design.
The streets running north and south and cast and west were all 200 feet broad and the other principal streets were 120 feet wide while the cross streets were sixty feet in width. The lands owned by the publie (that is the governor and judges plan) were limited. This plan was originated, as stated before, by Judge Woodward. There have been frequent statements that it was laid ont on the form of the City of Washington, but it is so materially different from the plan of that city, as to warrant the statement that they are in no sense similar. Its counterpart does not exist in any eity in the world.
Imagine the present city, with a river frontage of eleven miles, constructed on this plan. A Grand Cireus park every 4,000 feet of that distance and twiee as many semi-circular parks and hundreds of triangular parks like Capitol Square and the downtown publie library. There would be as many squares like the Campus Martins as there were Grand Circus parks. Even the natives would get bewildered in this labyrinth.
INCORPORATION OF 1806
As the legislative body was now fully organized, Peter Audrain was ap- pointed secretary, and Asa Jones, sergeant-at-arms at $25 per month. Joseph Watson was anthorized to prepare all deeds and mortgages for the board and was permitted to charge one dollar for drawing a deed or mortgage and twenty- five cents for a bond or other writing.
On September 13, 1806, the governor and judges, sitting as a legislature,
C.J.WHITNEY & CO'S MUSIC HOUSE. Chickenng Pianos.Estey Organs &c
VIEW FROM CITY HALL TOWER, LOOKING WESTWARD ABOUT 1877
CLOTHEWE
ALUR UHAM 0.13
EAST SIDE OF WOODWARD AVENUE, LOOKING NORTH FROM JEFFERSON, ABOUT 1885
315
CITY OF DETROIT
passed an act incorporating "the City of Detroit." The text of this act fol- lows:
"AN ACT CONCERNING THE TOWN OF DETROIT.
"An Act concerning the City of Detroit .-
"Be it enacted by the Governor and the Judges of Michigan, That the Town of Detroit, that is to say, the section laid off, surveyed and numbered from time to time, under the act entitled 'An Act concerning the Town of Detroit,' shall be a city, and the government thereof as such shall be vested in a Mayor, to hold his office for one year, and to be appointed and commissioned by the Governor; and in a city council, which shall consist of two chambers, the first of which shall be composed of three (3) members, to be elected annually by ballot, on the last Monday in September, by the inhabitants above the age of twenty-one (21) years, and having resided within the same one year and paid their publie taxes; and the second chamber of which shall be composed of three (3) members, to be elected annually by ballot on the last Monday in March, by the inhabitants similarly qualified: Provided, That the first election of the second chamber shall be held on the first Monday in October next, and the members shall continue in office until the next annual election in March : And, Provided, That the number of members in the respective chambers, and the manner of electing them, shall afterwards be as prescribed by the city council by law. A majority of each chamber shall be a quorum for the transaction of business, but a small number may adjourn from time to time and compel the attendance of absent members and issue warrants to supply any vacancy in their respective chambers. Each chamber shall elect its own president and other officers, and judge of the elections, returns and qualifications of their own members, and may, with the concurrence of two-thirds (2-3) of the whole, expel any member for disorderly behavior or mal-conduct in office, but not a second time for the same offence. Each chamber shall keep a journal of their proceedings, and the names of those voting in the affirmative and of those voting in the negative on any question, at the request of any member, shall be entered on the journal. Elections shall be held by the mayor between the rising and setting of the sun, and the ballots shall be opened and counted on the day succeeding the election in the presence of the two chambers, and the mem- bers elected shall be notified by the mayor of their election, and shall com- mence their functions on the first Monday in October, and the first Monday in April respectively after their election; Provided, That at the first election the presence of the two chambers shall not be required at the opening and counting of the votes, and the members of the second chamber shall commence their functions immediately after their notification of their election by the mayor ; the same being adopted from the laws of one of the original states, to wit, the State of Maryland, as far as necessary and suitable to the circumstances of the Territory of Michigan. "And be it enacted, That every bill or act having passed by a majority of both chambers, before it becomes a law, shall be presented to the mayor, and if not approved by him, shall not take effect or become law, but shall be returned with his objections to the chamber which it last passed, within ten days after its presentation to him, and if not so returned, it shall become a law. unless the city council by adjournment prevent its return. The mayor may at any time convene the city council if the public good require their deliberations. The mayor shall appoint and commission all officers created by the laws of the
316
CITY OF DETROIT
city, the same being adopted from the laws of one of the original states, to wit, the State of Maryland, as far as necessary and suitable to the circumstances of Michigan.
"And be it enacted, That the city council shall have power to make and use a common seal, alterable at their pleasure, to be deposited with the mayor, and affixed by him where necessary : and shall be capable, in the name of the mayor of Detroit, to sue and be sned in the courts of law and equity, and in the same name shall have succession, and shall be capable to acquire, and hold alien property, real or personal ; and the same being adopted from the laws of one of the original states, to wit, the State of Maryland, as far as necessary and suitable to the circumstances of Michigan.
"And be it enacted, That the city council of Detroit shall have power by law to provide the manner of compelling the attendance of absent members, to prevent and remove nuisances, to provide for the health of the city, to establish watch and patrols, and erect lamps, to regulate the stationing, anchorage and mooring of vessels and the discharge and laying of ballast from ships and vessels ; to provide for licensing and regulating hackney carriages, wagons, carts and drays, and theatrical and other public amusements, to establish and regn- late markets, to erect and repair bridges, to make, name and keep in repair all streets, lanes, avenues and public spaces of ground in conformity to the plan of the city; to make regulations for landing and laying materials for building of said city ; for disposing and laying earth which may be dug out of the wells, cellars and foundations, and for the ascertaining of the thickness of the walls of houses; to erect and keep in repair drains and sewers and to make regula- tions necessary for the preservation of the same; to regulate weights and measures in conformity to the constitution and laws of the United States and of Michigan; to regulate the cleaning of chimneys ; to provide for the preven- tion and extinction of fires and to establish and regulate the size of bricks made or used in the said city; to provide for the regulating the measuring of boards, 'planks, scantling, timber and Inmber of every kind; to regulate the measuring of coals and fire-wood and the weighing of hay; to sink wells and erect and repair pumps; to impose and appropriate fines and forfeitures for breach of their laws recoverable before justices, where not exceeding twenty dollars, and before courts when exceeding that sum : to establish and regulate the inspection of flour, tobacco, potash and salted provisions ; to regulate the gauging of casks and liquors, the storage of gunpowder not the property of the United States or of Michigan ; to regulate the weight and quality of bread, not affecting the price ; to preserve the navigation of the River Detroit, adjacent to the city; to erect, repair and regulate public wharves and to deepen docks and basins : to provide for the education of youths; to lay and collect taxes and to pass all laws necessary to give effect and operation to their powers; the same being adopted from the laws of one of the original states, to wit, the State of Mary- land, as far as necessary and suitable to the circumstances of Michigan.
"And be it enacted, That all lands belonging to minors, persons absent out of the territory, married women, or persons non compotes mentis, shall be sub- jected to the same terms and conditions as other proprietors. In every case where the proprietor is an infant or married woman, insane, absent out of the territory, or shall not attend on three months' notice, the governor and the judges, or any three of them, may allot and assign the portion or share of such proprietor, as near the old situation as may be, and to the full value of what
STOVES
CORNER MICHIGAN AVENUE AND LAFAYETTE BOULE- VARD IN THE '90s
ROEHM
WRIGHT
MANUFACTURING
WE
KY, SILVERWARE
MELINE
FIATC ES MANOHGS JEWELRY.
GOURLAY BYOS,
NORTHEAST CORNER WOODWARD AND CAMPUS MARTIUS ABOUT 1881 Corner building still standing
319
CITY OF DETROIT
the party might claim under the general terms and conditions of other pro- prietors, provided, in the case of coverture and infancy, if the husband, guardian or next friend will agree with the public, then an effectual division and allot- ment may be made, by consent, and in the case of contrary claims, if the claim- ants will not jointly agree, the proceedings shall be the same as if the proprietor was absent, and all persons to whom allotments and assignments shall be made, on consent and agreement or pursuant to this act without consent, shall hold the same in their former state and interest in lieu of their former quantity. In all cases where the proprietor or possessor is tenant in right of dower, or by the courtesy, the annual value of the lands, and the gross value of such estate therein shall be ascertained as in other cases, and upon paying such gross value, or securing to the possessor the payment of the annual valuation, at the option of the proprietor or possessor, the public shall be vested with the whole estate of such tenant for squares, avenues, streets, lanes and other public uses. Certificates granted by allotments, assignments or purchases, with ac- knowledgements of the payment of all purchase money and interest being re- corded, shall be sufficient to vest a legal estate without any more formal conveyance ; the same being adopted from the laws of one of the original states, to wit, the State of Maryland, as far as necessary and suitable to the circum- stances of Michigan.
"And be it enacted, That the governor of Michigan shall appoint and com- mission a register for recording deeds and other writings within the said city, and all divisions and allotments of lands and lots made in pursuance of this act, and the register shall receive the same compensation as are or may be allowed to the clerk of the supreme court in similar cases, and the governor may make a seal of office of the said register, which shall be kept by him; the same being adopted from the laws of one of the original states, to wit, the State of Maryland, as far as necessary and suitable to the circumstances of Michigan.
"And be it enacted, That on sales of lots in the said city under terms or conditions of payment being made therefor at any day or days after said con- tract entered into, if any sum of the purchase money or interest shall not be paid for the space of thirty days after same ought to be paid, the same lots may be resold at vendue at any time after sixty days' notice of such sale; the principal and interest due in the first contract, together with expenses of ad- vertisements and sale, shall be retained, and the balance paid to the original purchaser, or his heirs and assigns, and all lots so sold shall be freed and ac- quitted of all claims legal and equitable of the first purchaser, his heirs and assigns; the same being adopted from the laws of one of the original states, to wit, the State of Maryland, as far as necessary or suitable to the circum- stances of Michigan.
. "Adopted and provided at Detroit the thirteenth (13) day of September, one thousand eight hundred and six (1806).
"Attest : Peter Audrain, Secretary of the Governor and Judges in their Legislative Department.
"William Hull, Governor of Michigan.
"Augustus B. Woodward, Chief Justice of Michigan.
"Frederick Bates,
Senior Associate Judge of Michigan."
320
CITY OF DETROIT
The plan for the city was drawn up before this date, for on September 11th an order was entered for the sale of "five lots on Court House Avenue, opposite to Scott's, Wilkinson's, Abbott's, Abbott and Smith's and Godfroy, Jr." Al- though the plan for the city was laid out, the details and surveys were not made and it was some years before that portion of the city south of Adams Avenue was fully planned. There were changes made in the streets from time to time and the plans were somewhat altered as new conditions arose.
The governor of the territory appointed Solomon Sibley as the first mayor under the new charter, and the latter ordered an election to be held on Mon- day, September 29, 1806, to choose the councilmen. At this election Stanley Griswold, Jolm Harvey and Peter Desnoyers were named as members of the first council, or upper chamber, and John Dodemead, John Gentle and Isaac Jones, members of the second council, or lower chamber. A few days after the election Solomon Sibley relinquished the office of mayor, and Elijah Brush was appointed by the governor in his place.
That the incorporating aet as framed by the governor and judges was simply designed to give them autoeratie power, was proved soon after it became oper- ative. John Gentle, one of the elected councilmen, wrote in the Pittsburgh Commonwealth :
"Sometime in the month of December following, the Governor and Judges were committing some depredations upon the streets of the new town, entirely bloeking up one, laying it out in lots, and disposing of them at an enormous price, to the great damage of the adjoining settlers; and removing another street about fifty feet, on purpose to make the bank form the corner of the two streets, and enlarge the avenue to the Governor's mansion, to the great damage of the principal range of houses in the new town. These flagrant infractions on the rights and privileges of the citizens did not fail to attraet the attention of the city council. They assembled to examine, for the first time, the eor- poration law, and to ascertain the extent of their jurisdiction. But how great was their astonishment when they discovered that the whole of the corporation powers centered in the mayor alone."
It was the fact that under the corporation law the election of the council was a mere mockery, as the governor and judges had seen to it that the mayor was given the power of absolute veto, and, as the mayor was to be of their choosing alone, it had the effeet of continuing the governor and judges in auto- cratie control of municipal matters. Such a condition was bound to be elim- inated. The affair reached a erisis and on February 24, 1809, the aet establish- ing this form of government was repealed. Next, on September 16, 1810, all the laws pertaining to Michigan that had been adopted by the Northwest Terri- tory Legislature were repealed. This gave the legal finish to the act of 1802 and the governor and judges remained in absolute control over the affairs of the town.
THE KING'S COMMONS
The publie ground known as the commons came into existence at the time of the French occupation of Detroit. The commons was nothing more or less than a common pasturing field, in which the citizens shared alike. However, the rights of the latter in this respect were at various times encroached upon and brought forth vigorous protests to the authorities. Farmer's History of
321
CITY OF DETROIT
Detroit quotes a letter written by John Wilkins, Jr., quartermaster general, to James McHenry, secretary of war, under date of February 17, 1797, as follows :
"The United States have succeeded to a great deal of property at Detroit. The whole ground on which the Town of Detroit is situated seems, originally, to have been reserved by the British for the use of the fort, but the merchants and tradesmen, preferring to live under the protection of the garrison, grants of lots have been given to them, which, in time, have formed a regular town. But there yet remains around the town a quantity of vacant ground, which, of course, becomes the property of the United States. This, from its situation, is valuable. But in order to preserve it, there will be a necessity of preventing any persons from building on it, or the United States should have it laid out in lots and sold.
"The vacant ground I allude to is without the pickets; within the pickets, exclusive of the fort and barracks, there are a number of houses and lots of ground, which the United States have succeeded to, such as the council house, store houses, wharf, etc., a shipyard consisting of a number of work-shops. I was informed, when at Detroit, that there were a number of other buildings than those we got possession of, which had belonged to the British Government, but that, since their removal, were claimed by people living in them. These claims ought to be inquired into."
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.