USA > Michigan > Wayne County > Detroit > The city of Detroit, Michigan, 1701-1922, Vol. III > Part 8
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 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115
JAMES A. VAN DYKE
65
CITY OF DETROIT
death. In Silas Farmer's history of Detroit, pub- lished in 1889, appears the following:
"He was best known, however, from his connection with the early history of the Detroit fire department. His name was enrolled on the list of members compos- ing Protection Fire Company No. 1, the first duly organized fire company in Detroit, and until his death no man in the city took a more active interest in building up aud extending the usefulness of the fire department. He served as president of the depart- ment from 1847 to 1851, and to his financial tact, en- ergy and determination, no less than to honest pride in the fire department, all citizens are greatly in- debted. In 1840 he framed and procured the passage of the law incorporating the fire department, and it was largely his efforts that secured the erection of the first firemen's hall. His death, which occurred May 7, 1855, was an especially severe loss to the fire department, the feeling being fittingly expressed in the following resolutions adopted by its officers:
" ' Resolved, That in the death of Mr. Van Dyke the fire department of Detroit has lost one of its benefactors; that his name is so closely interwoven with its fortune, from its origin as a benevolent and chartered organization, through the vicissitudes of its early and precarious existence, until its successful and triumphant development as one of the prominent institutions of the city, that it may with truth be said that its history is almost comprised within the limits of his active participation in its affairs.
"' 'Resolved, That as a fireman, beginning and serv- ing his full term as one of the commissioners of this city, his aim seemed to be rather to discharge well the duties of a private than to accept the proffered honors of this company, save as trustee of the board. But of those duties he had a high appreciation, deem- ing it a worthy ambition, as inculcated by an address to the department, to dedicate one's self to the work with heart brave and steadfast, tenacious of obedience to law and order, with an elevated and stern deter- mination to tread only the paths of rectitude.'
"In order to further honor his memory the fire de- partment issued a memorial volume, containing the proceedings of the department, of the Detroit bar and of the common council, relative to his death, as well as several tributes to his memory from those who knew him best. "
The practice of law and activities that grew out of his knowledge of the principles of jurisprudence, how- ever, constituted the real life work of James A. Van Dyke and in this connection a contemporary historian has written: "In the domain of his chosen profession Mr. Van Dyke gained pre-eminence. Profonnd and exact in his erudition, strong in dialectic powers, force- ful in the clarity and precision of his diction, and with a most pleasing personal presence, he naturally commanded a place of leadership as a trial lawyer, while as a counselor he was equally secure and for- tified. He appeared in many important litigations Vol. III-5
and made a reputation that was not hedged in by the confines of his home city and state. This article would stultify its consistency were there failure to advert to the masterly argument made by Mr. Van Dyke in connection with one of the most important cases ever presented in the courts of the state of Michigan. He was one of the counsel for the people of the great railroad conspiracy case, relative to the Michigan Central Railroad, which was tried in the circuit court of Wayne county at the May term, 1851.
"It may be said without fear of legitimate contra- diction that his was the leading argument advanced in this cause celebre, and the record concerning the same has become an integral part of the history of Michigan jurisprudence. The argument of Mr. Van Dyke occupies one hundred and thirty-two closely printed pages, and is noteworthy alike for its cogency, its broadness and fairness, as well as for its absolute eloquence and its beauty of diction. Of course it is impossible within the compass of a sketch of this or- der to offer more than the briefest of extracts from the article in question, but the following excerpts, both eloquent and prophetic, may well be given place here:
" 'What has been the history of the road (Michigan Central) while in the hands of the state? For years it dragged its slow length along-au encumbrance and a burden. The state needed engines, cars, depots- every material to prosecute or sustain with energy or profit this important work; but its credit was gone and it was immersed in debt. Our population was thinly scattered across the entire breadth of the peninsula. Engines dragged slowly and heavily through the dense forests. Our city numbered but twelve thousand people; our state was destitute of wealth; our farmers destitute of markets; our la- borers destitute of employment; and so far as the interest of the state and her people were identified with the railroad, it presented a joyless present, a dark and frowning future. In a fortunate hour the state sold the road, and the millions of this denounced com- pany were flung broadcast through our community; they took up the old track, extended the road to the extreme line of the state, laid down, at enormous cost, over four hundred miles of fences to guard the property of all, save those who wanted a beef market at each crossing; multiplied the accommodation seven- fold, quadrupled the speed, increased traffic and com- merce, so that, while in 1845 the state passed twenty- six thousand tons over the road, in 1850 the company passed one hundred and thirty-four thousand tons, created markets for our products, snatched the tide of passing emigration from the hands of a steamboat monopoly, hostile to Michigan, and threw it into the heart of our state, until now, where heaven's light was once shut out by the dense forests it shines over fertile fields and rich, luxuriant harvests; and the rivers of our state, which once ran with wasteful speed to the bosom of the lakes, turn the machinery
66
CITY OF DETROIT
which renders our rich products available. With them, capital made its home among us; our credit was re- stored; home and energy sprang from their lethargic sleep; labor elapped her glad hands and shouted for joy; and Michigan, bent for the moment like a sapling by the fierceness of a passing tempest, relieved from the debts and burthens, rose ereet and in her youthful strength stood proudly up among her sister states.
" ' Who shall stop this glorious work which is spreading blessings and prosperity around us? Who shall dare to say, Thus far shalt thou go and no further? Who shall dictate to it after doing so much? Must it now pause and rest in inglorious ease? No, gentlemen, it shall not be stayed; it shall speed on- ward in triumph; it shall add link after link to the great chain that binds mankind together; it shall speed onward, still onward, through the gorges of the mountains, over the depths of the valleys, till the iron horse, whose bowels are fire, out of whose nos- trils goeth forth smoke, and whose breath kindleth coals, shall be heard thundering through the echoing solitudes of the Rocky mountains, startling the Indian from his wild retreat, and ere long reaching the golden shores of the far-off Pacific, there to be welcomed by the glad shouts of American freeman at the glorious event which has conquered time and distance and bound the freemen themselves by nearer cords to older homes and sister states!
" 'A detestable monopoly! These railroads, built by united energies and capital, are the great instru- ments in the hand of God to hasten onward the glo- rious mission of religion and civilization. Already is our Central Road stretching forth is hands and giving assurance that soon shall its iron track reach across the neighboring provinces from Detroit to Niag- ara, and that ere long the scream of the locomotive shall be heard over the sound of the cataract, which shall thunder forth in deafening peals the glorious event. Our brethren on the shores of the Atlantic, with whom we are bound by every interest, association and affection, will hail the shortened tie with ardent welcome. '
"Passing on with his argument, Mr. Van Dyke spoke as follows concerning law and its powers and applications:
" 'Gentlemen, all you possess on earth is the re- ward of labor protected by law. It is law alone which keeps all things in order, guards the sleep of infaney, the energy of manhood, and the weakness of age. It hovers over us by day; it keeps watch and ward over the slumbers of night; it goes with us over the land and guides and guards us through the track- less paths of the mighty waters. The high and the low, each is within its view and beneath its ample folds. It protects beauty and virtue, punishes crime and wickedness, and vindicates right. Honor and life, and liberty and property, the wide world over, are its high objects. Stern, yet kind; pure, yet pitying; steadfast, immutable and just-it is the attribute of
God on earth. It proceeds from His bosom and en- circles the world with its care and power and bless- ings. All honor and praise to those who administer it in purity and who reverence its high behests.'
"The foregoing quotations are made primarily to show the impassioned eloquence of the speaker and his love for right and justice. No idea is conveyed of the profundity of the argument he advanced on the occasion, but in even these few words the man, the orator, the patriot, seems to stand before us in his virile strength.
"The generous and noble qualities of Mr. Van Dyke's mind and heart glorified a singularly winning personality, and he won and retained friends in all classes. He touched and appreciated the depths of human thought and motive, and his charity to his fellowmen was spread on that liberal plane which shows forth the grace of toleration and true human sympathy. He had fine perceptions of principle, to which he was inflexibly loyal. He was one of the most kindly and most courteous and polished of gen- tlemen, and the story of his life is full to overflow- ing with incentive to those who study it.
"Mr. Van Dyke naturally became a prominent fac- tor in the political activities of the new state, and his attitude was that of a conservative whig. To- wards the close of his life he entered the fold of the Catholic church. He was generous in his aiding of religious, charitable and benevolent objects, and his home life was one whose ideality renders it impossible for the veil to be lifted to public inspection. Of him it has well been said: 'He left a name dear to his friends and a rich inheritance to his children, conse- crated by the remembrance of the genial qualities and virtues with which he was so richly endowed.' From the resolutions adopted by the Detroit bar at the time of the death of Mr. Van Dyke are taken the following extracts:
" 'Resolved, That we, who have been witnesses and sharers of his professional labors, can best give full testimony to the genius, skill, learning and industry which he brought to that profession, to which he de- voted alike the chivalrous fire of his youth and the riper powers of his manhood, in which he cherished a manly pride, and whose best honors and success he so rapidly and honorably achieved.
" 'Resolved, That while we bear this just tribute to the fine intellect of our deceased brother, we turn with greater pleasure to those generous qualities of his heart which endeared him to us as a companion and friend; which have left tender memorials with so many of his younger brothers, of grateful sympathy and assistance rendered when most needed; and made his life a bright example of just and honorable con- duct in all its relations.
" ' Resolved, That though devoted to the profession of his choice, yet he was never indifferent to the wider duties which were developed upon him by society at large, and he filled the many public stations to which
RT. REV. ERNEST VAN DYKE
69
CITY OF DETROIT
he was called by the confidence and esteem of his fellow citizens, with an earnestness, purity and ability alike honorable to himself and serviceable to the publie. ' "
An attractive home life was that instituted in the marriage of Mr. Van Dyke and Miss Elizabeth Des- noyers, daughter of Hon, Peter J. Desnoyers, in 1835. They were the parents of eleven children, seven of whom reached adult age: George W., who died at the age of fifty-eight years; Marie V. D., who married William Casgrain and resides at Evanston, Illinois; Philip J. D., who was a successful lawyer and for two terms prosecuting attorney of Wayne county, died October 6, 1881; Rt. Rev. Msgr. Ernest Van Dyke, who is mentioned elsewhere in this work; Josephine, who is the wife of Henry F. Brownson, of Detroit; Madame Van Dyke, the youngest of the daughters now living, who is superior of the Sacred Heart convent in Chicago; and Elsie, who married W. B. Moran and died in Detroit, leaving a daughter, Katherine, who is now the widow of Strothearn Hendrie. It would be impossible in a single sentence to sum up the char- acteristies of this many-sided man and give an ade- quate statement concerning the value of his life work. No student of the history of Michigan can fail to realize how important a part he played in shaping its annals and in promoting its development, and high on the list of her honored men will ever appear the name of James A. Van Dyke.
RT. REV. MSGR. ERNEST VAN DYKE. Nearly a half century ago there came to the St. Aloysius par- ish in Detroit a new priest-Rev. Ernest Van Dyke- a man young in years and brimming with enthusiasm over his chosen work. Splendidly educated in this country and in Rome, he entered upon a career in the service of his Master which has brought him to a position of rare honor and genuine respect. Father Van Dyke took up his abode in the little frame house adjacent to his church and here he has resided year after year, performing his work with quiet thorough- ness and loving zeal. Then the plum trees planted by Major Rowland surrounded the little home which was built by Major Rowland, there was no Washington avenue with its motor-cars in front of the house, Grand Cireus Park was outside of the city. During the intervening years Father Van Dyke has watched this pastoral scene miraculously change to a vista of towering office buildings, asphalt pavements and other features metropolitan which seem to encroach ernelly upon the century-old dwelling wherein he lives.
Few priests have enjoyed a pastorate so lengthy as Father Van Dyke. Throughout this period he has been blessed with the love and confidence not only of his parishioners but of the general public, for his life has found expression in unfaltering devotion to the interests of his church and in most earnest support of every plan or project that he has believed bene- ficial to the city of his nativity. He has been a wise
counselor not only in regard to things ecclesiastical, but in affairs which have had direct bearing upon the welfare of Detroit and the state.
Father Ernest Van Dyke was born in Detroit Jan- uary 29, 1845, the son of James A. and Elizabeth (Desnoyers) Van Dyke and one of a family of eleven children. His father was an eminent lawyer of De- troit and is mentioned on another page of this volume. His mother was the daughter of Peter J. Desnoyers, one of the distinguished French pioneers of Detroit.
The son attended the parochial schools of Detroit and afterwards entered St. John's College at Ford- ham, New York, from which institution he was grad- uated in June, 1864, with the highest honors of his class. At this time he received the Bachelor of Arts degree and in 1876 he received the honorary degree of Master of Arts. Having determined upon the priest- hood as his vocation he sailed from New York city for Rome, where he matriculated in the North Ameri- can Seminary, there completing his philosophical and theological courses. Here he was ordained privately by Monsignor Castellacci on March 25, 1868.
Returning to his native city Father Van Dyke was then appointed pastor of St. Mary's Church at Adrian, Michigan. In 1872 he was recalled to his native city by appointment to the pastorate of SS. Peter and Paul's Cathedral of Detroit. In 1873 he was made pas- tor of St. Aloysius, the building of which had been pur- chased in that year by Bishop Caspar H. Borgess for his pro-cathedral. This was the beginning of a work which is yet unfinished, a work of service which has hrought to his feet the devotion of the multitude. Of modest nature, yet keenly sympathetic, Father Van Dyke has performed his tasks studiously and at the same time brilliantly. His instruction has not only included those things which have to do with spiritual development, but also with high civie ideals and hu- manitarianism.
On Tuesday morning, October 7, 1919, at the altar of his own parish church Father Van Dyke was for- mally invested with the rank of Domestic Prelate of the Pope's household, taking the title of monsignor. Bishop Michael J. Gallagher performed the investiture ceremony and preached the sermon during the mass. Father Van Dyke was unable to sing the mass as is customary, but his nephew, Rev. Henry Van Dyke of Chelsea, was delegated to this duty. The love and respect with which Father Van Dyke is regarded by people of all classes and the popularity of Detroit's "little church around the corner" has never been better exemplified than by the sincere reception ac- corded upon this autumn morning. Such is the re- ward of a noble work accomplished by a noble man.
JAMES VEECH OXTOBY, who has engaged in the practice of law at the Detroit bar since 1895, was born in North East, Pennsylvania, December 30, 1872, his parents being Rev. John T. and Mary E. (Veech) Oxtohy. His parents removed to Michigan in 1880.
70
CITY OF DETROIT
The father was a Presbyterian minister, in charge of pastorates successively in Erie county, Pennsylvania, and Saginaw and Ionia counties, Michigan.
The son pursued his early education in the public schools of Saginaw, Michigan, graduating from the East Saginaw high school in 1889. He entered the University of Michigan for the study of law, receiv- ing his LL. B. degree as a graduate of the law class in 1895. In the same year he located for practice in Detroit and entered the office of Wilkinson & Post. Three years' initial experience there led to his being admitted to a partnership under the firm style of Wilkinson, Post & Oxtoby, a relation that was main- tained until 1911. In the latter year the firm became Post, Oxtoby & Wilkinson and so continued until 1912, when he entered into different partnership re- lations as a member of the firm of Keena, Lightner, Oxtoby & Oxtoby, withdrawing in January, 1915, to . organize the firm of Oxtoby & Wilkinson. He has figured quite prominently as a representative of the Detroit bar and has also become connected with im- portant business interests, being vice president and counsel of The Detroit Edison Company and Penin- sular Electric Light Company. He is likewise a director and counsel of the Michigan Mutual Life Insurance Company, the Arctic Ice Cream Company and the Detroit Graphite Company.
On the 15th of June, 1904, Mr. Oxtoby was married to Miss Genevieve Lennox; he has one son, James Veech Oxtoby, Junior. Their religious faith is that of the Presbyterian church, and the political belief of Mr. Oxtoby is that of the republican party. He belongs to the Masonic fraternity, being a member of Corinthian Lodge, aud is a member of the University, Detroit Athletic, Detroit Boat, Bloomfield Hills and Barton Hills Golf Clubs. He is also a member of the Bar Association of Detroit, of the Michigan State Bar Association and the American Bar Association.
HON. HENRY HARRISON SWAN, who for twenty years was judge of the United States district court for the eastern district of Michigan and whose name appears high on the roll of eminent lawyers and jur- ists of the state, resided in Detroit through practically his entire life and his record is closely interwoven with the history of the city. He was born here on the 2d of October, 1840, and passed away on the 12th of June, 1916. He was a son of Joseph G. and Mary C. (Ling) Swan and was descended from Scotch- Irish ancestry, the founder of the family in this coun- try having emigrated to this country from near Manchester, England, in 1717. His grandfather was Nathan D. Swan, a native of New Hampshire, who became a resident of Onondaga county, New York, during the period of its pioneer development. He responded to the country's call for troops in the War of 1812, in which one of his brothers was also a soldier. Following his removal to the Empire state Nathan D. Swan became a representative farmer of
Onondaga county, where he resided for many years but spent his last days in the home of his son, Joseph G. Swan, in Detroit. The latter became a resident of this eity in 1835, at which time Michigan was still under territorial government. He was born in Onondaga county, New York, in 1808, and in early manhood learned the machinist's trade. He continued to reside in Detroit for thirty-eight years or until death called him in 1873. He wedded Mary C. Ling, a native of Germany, who, however, was but a young girl when her parents came to the new world. She passed away in Detroit, April 12, 1900, at the ad- vanced age of eighty-two years. By her marriage she had become the mother of six sons and a daughter.
Judge Henry H. Swan was a pupil in the public schools of Detroit, and also attended a private school conducted by S. L. Campbell and Dr. C. F. Soldan, the school being conducted in a building that stood on the site of the present city hall. In 1858 he entered the University of Michigan, where lie re- mained a student for three years and during that period became a member of the Zeta Psi fraternity. In 1861, after passing his examination for entrance to the senior class, he left the University and went to California, where he was associated with an uncle in steamboating operations on the San Joaquin and Sacramento rivers for about five years. In the mean- time he had taken up the study of law and in 1867 was admitted to practice at the California bar. In the latter part of that year he returned to Detroit, becoming an assistant in the law offices of D. B. and H. M. Duffield, while in October, 1867, he was admitted to practice at the Michigan bar. No dreary novitiate awaited him. Almost immediately he gained recogni- tion of his powers as a lawyer-powers that had been highly developed through close study. Moreover, his mind was naturally logical and inductive and he was seldom, if ever, at fault in the application of a legal principle. After less than three years' practice, or on the 15th of April, 1870, he was appointed assistant United States district attorney and filled the position acceptably for seven years. He then entered into partnership with A. B. Maynard, forming the firm of Maynard & Swan, and their practice soon became of a most extensive and important character, with admir- alty practice as their specialty. The partnership was maintained until January, 1891, when Judge Swau was appointed to preside over the United States dis- trict court for the eastern district of Michigan, enter- ing upon the duties of that position on the 26th of January. For two decades he remained upon the bench. While he was well grounded in the principles of common law when admitted to the bar, he con- tinued through the whole of his professional life a diligent student of those elementary principles that constitute the basis of all legal science. His decisions indicated strong mentality, careful analysis, a thor- ough knowledge of the law and an unbiased judgment. He possessed, moreover, a self-control that enabled him
HON. HENRY H. SWAN
73
CITY OF DETROIT
to lose his individuality, his personal feelings, his prej- udices and his peculiarities of disposition in the dig- nity, impartiality and equity of the office to which life, property, right and liberty must look for pro- tection. He justly merited the high honor which was conferred upon him by his appointment to the federal court, in which connection he rendered most splendid service for twenty years. In 1911 he retired from office and spent his remaining days in his home in the village of Grosse Pointe, on the shores of Lake St. Clair, where his widow still resides. In so far as his official duties permitted, and particularly after his retirement from office, he always took great pleasure in library research and reading. His great admiration for the personality and achievements of Alexander Hamilton found expression in his painstaking as- semblage from widely variant sources of the various published works by or about that statesman, which at the time of his death had attained such size that an afternoon or evening ramble therethrough gave him the keenest of pleasure.
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.