The history of Detroit and Michigan; or, The metropolis illustrated; a chronological cyclopedia of the past and present, Vol I, Part 31

Author: Farmer, Silas, 1839-1902
Publication date: 1889
Publisher: Detroit, S. Farmer & co
Number of Pages: 1096

USA > Michigan > Wayne County > Detroit > The history of Detroit and Michigan; or, The metropolis illustrated; a chronological cyclopedia of the past and present, Vol I > Part 31

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ritory. That they intended to do away with the old Act of 1802, and control the administration of local affairs, is evident from the fact that on Sep- tember 13, 1806, they passed an Act providing for the incorporation of the city of Detroit, the real aim of which is shown in the letters of John Gentle, pub- lished in the Pittsburgh Commonwealth. The Act itself, still in existence in the original manuscript signed by the Governor and Judges, shows that Mr. Gentle's statements are true, and that all the power was really vested in the mayor, and that he was appointed by the governor, who thus retained the ultimate control over the affairs of the city. Mr. Gentle says:

This summer the legislative board passed a law incorporating the town of Detroit into a city. The governor conferred the mayorship on Solomon Sibley, who advertised the citizens to assemble for the purpose of choosing a first and second council, to consist of three members each. Accordingly the following persons were elected: First Council, Stanley Griswold, John Harvey, Peter Desnoyers; Second Council, Isaac Jones, John Gentle, James Dodemead.

A few days after the election, Solomon Sibley relinquished his mayorship, and Elijah Brush was appointed by the governor mayor of the city in his stead. Some time in the month of December following, the Governor and Judges were committing some depredations upon the streets of the new town, entirely blocking 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 attract the attention of the city council. They assembled to examine, for the first time, the corporation 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 centred in the mayor alone.

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That the elections of the councils, was a mere mockery, and an insult to the understandings of the citizens, will evidently appear by the following extract from the corporation law itself: "And be it further enacted, that every Bill, or Act, having passed by a majority of both chambers, before it becomes a law shall be pre- sented to the mayor, and if not approved by him shall not take effect, or become a law, but shall be returned, with his objections, to the chamber in which it last passed,-there to remain (for here it stopped) in statu quo until the day of judgment, without further reconsideration." But they ought to have added a few more words, to the following effect: Who shall enter the objection at large on their journal, and proceed to reconsider it, and if after such reconsideration, two thirds of that chamber shall agree to pass the Bill, it shall be sent, together with the objections, to the other chamber, by which it shall also be reconsidered, and if approved of by two thirds of them it shall become a law, etc. Then the power of the two chambers would be complete, and in exact simili- tude with the power vested in every other body corporate in the Christian world. But as the Detroit Corporation Act now stands, of which the foregoing extract is the most important part, I defy the most enlightened age to produce anything so ridiculously absurd. By it the mayor is clothed with an absolute negative in all cases whatsoever, and by it the two councils are clothed with absolute insignificance. They are, if I may be allowed the expres- sion, a body without guts. Instead of having power to open one street, and prevent the removal of another, they had not power to open a hog-pen, or prevent the removal of a hen-roost.

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REVIVAL OF LOCAL GOVERNMENT.

So great was the indignation of the people that officers were elected but once under this corpora- tion, and on February 24, 1809, the law was re- pealed. The next act in the farce was the repeal, on September 16, 1810, of all laws pertaining to Michigan that had been adopted by the Legislature of the Northwest Territory. This gave the legal finish to the Act of 1802, and, as had been the case from the date of the fire, the Governor and Judges continued to exercise control over the affairs of the town. They had lots to sell and lots to give away ; they fired salutes, buried the dead, and supported the paupers.

In an old play, Robin Roughhead is represented as saying, on coming into possession of a fortune, "There sha'n't be any widows, for I 'll marry them all, nor any orphans, for I 'll father them all"; and if there had been no objection, the Gov- ernor and Judges, seemingly, would have been equally generous. In a word, they acted as almon- ers-general, paying out moneys from the Detroit Fund without consultation with any man or body of men, and rendering no account therefor. This state of affairs continued until after the War of 1812.

REVIVAL OF LOCAL GOVERNMENT.

Under the governorship of General Cass, an Act of October 24, 1815, restored the control of local affairs to the people. Five trustees were elected on October 30 to serve until the first Monday of May, 1816, after which date officers were to be elected yearly. The following persons served as trustees: 1815, Solomon Sibley, chairman, James Abbott; 1816, George McDougall, chairman, Stephen Mack, A. Edwards, O. W. Miller, Peter Desnoyers, and Oliver Williams, the last named in place of Mc- Dougall for about two months; 1817, Abraham Ed- wards chairman, S. Mack, Charles Larned, O. W. Miller, Antoine Dequindre; 1818, John R. Williams, chairman, L. Dequindre, Richard Smyth, C. Ten Eyck, Joseph Campau; 1819, James McCloskey, chairman, A. Dequindre, Abraham Wendell, James Connor, Thomas Palmer; 1820, James Abbott, chairman, J. McCloskey, P. J. Desnoyers, Thomas Rowland, John Hunt; 1821, A. G. Whitney, chair- man, A. E. Wing, Levi Cook, S. Conant, Jacob Eilert; 1822, A. G. Whitney, chairman. A. E. Wing, Calvin Baker, Levi Cook, Charles Willcox; 1823, J. Abbott, chairman, Louis Dequindre, H. J. Hunt, John P. Sheldon, C. Baker.

CHAPTER XXIV.

THE COMMON COUNCIL OR BOARD OF ALDERMEN .- BOARD OF COUNCILMEN .- ORDINANCES .- OFFICIAL YEAR .- CITY SEALS.

COMMON COUNCIL.

THE government under the name of " The Board of Trustees" came to an end, and the Common Coun- cil was created by Act of August 5, 1824. The first session was held on September 21, 1824. The new officials were evidently determined to have all the " light" possible in order to the proper discharge of their duties, as the proceedings for September 25 show that the marshal was ordered to "purchase for the use of the council and mayor's court four brass candlesticks, two pairs of snuffers, ten pounds of sperm candles, and a box for the safe keeping of the same.'

The sessions were held at various places as con- venience seemed to dictate,- sometimes at the store or office of one of the aldermen ; sometimes at Wood- worth's Hotel; and now and then at the old Coun- cil House. When the city came into possession of the Military Reserve, one of the old buildings, known as Military Hall, located just west of Fort Shelby, was appropriated, and a session held therein on No- vember 15, 1826. On May 1, 1827, a meeting was held on the banks of the river Savoyard, between Griswold and Cass Streets, for the purpose of ex- amining the stream with a view to changing its course. On May 18, 1827, a session was held at the market on Woodward Avenue, just south of Jeffer- son Avenue. From 1827 to 1834 sessions were held in Military Hall, which was newly christened as the Council House. On November 19, 1834, it was de- cided to hold sessions in the old Council House, on the corner of Jefferson Avenue and Randolph Street. In 1835 sessions were held in Williams' Block, on the southeast corner of Jefferson Avenue and Bates Street. The City Hall was completed the same year, and a small room in the first story was used for the meetings of the council. The old Firemen's Hall, on the northwest corner of Larned and Bates Streets, was the next place of meeting. The first session was held there on December 24, 1839, in an upper room. In the summer of 1852 the council re- turned to the old City Hall, the upper part of which had been fitted up for its use. This continued to be the place of meeting until July 18, 1871, when the old building was formally vacated, and sessions

were thereafter held in the council chamber of the new City Hall.

In 1825 sessions were held on Monday evening. During the cholera season of 1834 sessions were held twice a day. On April 13, 1835, it was resolved to meet on Wednesday evening. On August 31, 1836, the time was changed to Tuesday. After August 4, 1838, the council for a short time held its sessions at 2 P. M. on Tuesdays. Under Act of April 5, 1869, the council, on June 8, began holding sessions on Tuesday and Friday evenings of each week. Act of June 6, 1881, provided that but one session a week should thereafter be held, and after that date sessions were held on Tuesday evening. Special meetings can be held on the call of the president, though no business can be transacted that is not mentioned in the call.

Under Act of 1824 five aldermen, together with the mayor and recorder, constituted the council. An Act of 1827 increased the number of aldermen to seven. Under Act of 1839 two aldermen from each ward, with the mayor and recorder, composed the fourteen members of the council. In 1848, by the creation of the seventh ward, two more mem- bers were added. The new eighth ward, in 1849, gave two additional members, and in 1857 the ninth and tenth wards, four more ; but as the Act of 1857 provided that the mayor and recorder should no longer sit as members, the council consisted of but twenty members. In 1873 the twelfth ward added two members, and for about two weeks in 1874 two members from the then illegally constituted eleventh ward sat with the council. In 1875 by the creation of the eleventh and thirteenth wards, four members were added, increasing the number of members to twenty-six.

Originally, a majority of all the members, includ- ing the mayor and recorder, constituted a quorum. Under Act of 1839, the presence of the mayor, recorder, and six aldermen was necessary. By Act of 1848 the mayor, recorder, and five aldermen formed a quorum. By Act of 1851 the mayor and a majority of the aldermen were sufficient ; since 1857 a majority of all the aldermen constitutes a quorum. In case a quorum is lacking, by vote of

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137

BOARDS OF ALDERMEN AND COUNCILMEN.

a majority of the aldermen present, the president may send an officer to bring the delinquents to the meeting.

The first rules for the government of the council were adopted on August 16, 1832, and the present rules are substantially the same. Petitions or docu- ments of any proper sort may be presented either by the clerk or an alderman. If objection is made, no question involving the expenditure of money can be passed upon at the meeting when it is introduced ; and no member of the council may vote on a ques- tion in which he is pecuniarily interested. In case of a tie vote, the question is lost. On the demand of one fourth of the number present, or if called for by the chair, the ayes and noes must be taken.

In 1836 there were five standing committees, viz., on Claims and Accounts, Ways and Means, Streets, Health, and Fire Department. In 1842 all the above committees were in existence, and also com- mittees on Hydraulic Works, Markets, Printing, and Licenses. In 1849 a Committee on Taxes was added. In 1855 committees were named on Gas- lights, Sewers, Public Buildings, and Parks. In 1886 there were twenty-two standing committees, having charge of such matters as are indicated by their several names, which are as follows : Ways and Means, Judiciary, Claims and Accounts, Streets, Fire Limits, House of Correction, Public Buildings, Sewers, Taxes, Parks, Street Openings, Printing, Markets, Health, Public Lights, Ordinances, Pounds, Licenses, City Hospital, Rules, Joint Business and Liquor Bonds. The charter of 1883 designated this body the Board of Aldermen.

It possesses a singular sort of authority in its power to sit as a Land Board, a power conferred by Congress in 1842, when the City succeeded to the land trust of the Governor and Judges. (See article on Land Boards.) Since 1852 the pro- ceedings of the council have been published yearly in book form; and annually from 1866, with the exception of one or two years, a manual has been issued containing the rules of the council and names of city officers, with various details concerning the city government.

Prior to 1857, the mayor, or in his absence, the recorder, presided over the council. Under the charter of 1857 the council was authorized to elect its own president, and also a president pro tempore. In 1867 a struggle, lasting from January 8 to March 5, took place over the election of a president. The aldermen voted for were H. C. Knight, J. D. Weir, and Paul Gies. The last named was finally chosen. This contest caused the passage of the Act of Feb- ruary 14, 1867, which provided that when a vacancy existed in the office of president, the clerk should preside until the office was filled.

The president appoints all standing committees,

the first person chosen on a committee to be chairman. Either of the elected presiding officers may call upon any of the aldermen to act as temporary chair- man. Under Act of 1857, in the absence of the mayor, the president of the council discharges his duties. By law of 1881 and charter of 1883, the president of the Board of Councilmen, or in his absence, the president of the Board of Aldermen, became acting mayor.

The following persons have served as presidents : 1857, H. A. Morrow; 1858 and 1859, William C. Duncan; 1860, Nathaniel P. Jacobs ; 1861, Jacob S. Farrand; 1862 and 1863, Francis B. Phelps ; 1864 and 1865, S. Dow Elwood; 1866, William Brodie ; 1867 and 1868, Paul Gies; 1869, William S. Bond; 1870, William Foxen; 1871, George W. Balch ; 1872 -1875, William H. Langley; 1875, W. G. Thomp- son; 1876, G. W. Hough; 1877, Henry Heames ; 1878, T. D. Hawley ; 1879-1882, Charles Ewers; 1882, E. K. Roberts ; 1883, J. E. Vincent, Henry Klei ; 1884, W. E. Moloney ; 1885, A. Kaiser; 1886, Geo. H. Barbour ; 1887, J. J. Mulheron.

BOARD OF COUNCILMEN.

This body, originally called the City Council, was created by Act of April 12, 1881. The act pro- vided for the election of twelve persons from the city at large. The first twelve members, chosen in November, 1881, were elected in groups of three for terms of one, two, three, and four years, and three members were to be elected yearly thereafter for terms of four years each. This body was originally supposed to possess the powers formerly exercised by the Board of Estimates, and all proceedings relating to the levying of taxes, the expenditure of money, or the incurring of liabilities of any sort, were required to have its approval. By the revised charter of 1883 the Board of Councilmen had only equal power with the Board of Aldermen in so far as matters of taxation and legislation are concerned, but they alone, on the nomination of the mayor, confirmed a majority of the leading officers of the city and mem- bers of the several boards. Resolutions of any kind originated in either board. Both bodies were required to meet in joint session when the annual report of the mayor was made, and might unite at other times.

A majority of the councilmen constituted a quo- rum. The rules were much the same as those of the Board of Aldermen, and the standing commit- tees nearly the same. Weekly sessions were held on Friday evening.

The City Council held its first meeting on January 10, 1882, and its last on September 26, 1887. It was abolished by law of June 2, 1887.

The following persons served as presidents : 1882 to 1884, A. H. Raynor; 1884, H. D. Barnard and

138

ORDINANCES .- OFFICIAL YEAR .- CITY SEALS.

Theo. Rentz; 1885, M. H. Chamberlain ; 1886, Ralph Phelps, Jr .; 1887, John Pridgeon, Jr.

The councilmen were as follows :

1882, A H. Raynor, A. M. Henry, S. A. Plumer, J. T. Lowry, S. G. Caskey, H. R. Newberry, S. C. Watson, J.Mc Gregor. T. Berry, F. W. Swift, H. D. Barnard, S. B. Grummond.

1883, A. H. Raynor, J. T. Lowry, S. G. Caskey, H. R. Newberry, S. C. Watson, J. McGregor, T. Berry, F. W. Swift, H. D. Barnard, S. B. Grum- mond, T. Rentz, M. H. Chamberlain.

1884, T. Rentz, S. C. Watson, J. McGregor, T. Berry, F. W. Swift, A. H. Raynor, M. H. Chamber- lain, H. E. Champion, M. Stewart, Jr., Ralph Phelps, Jr., A. Goebel, H. D. Barnard.

1885, T. Rentz, W. L. Streeter, E. P. Conahan, A. H. Raynor, T. Berry, M. H. Chamberlain, H. E. Champion, W. T. Dust, Ralph Phelps, Jr., A. Goebel, T. McGrath, Wm. Look.

1886, T. Rentz, W. L. Streeter, E. P. Conahan, A. H. Raynor, T. Berry, H. E. Champion, Ralph Phelps, Jr., Wm. Look, J. Pridgeon, Jr., T. Beggs, Thos. McGrath.

1887, W. L. Streeter, E. P. Conahan, T. Berry, H. E Champion, J. Pridgeon, Jr., T. Beggs, J. L. McCarthy, T. P. Tuite, E P. Moran, P. C. Mc- Laughlin, Anthony Petz.

ORDINANCES.

The Act of 1802 gave the trustees power to ordain rules for the government of the town, but their ordinances were to be submitted to the voters at the annual meeting, and if disapproved were thereafter to be null and void. A provision for the submission of ordinances to the people was also contained in the Act of 1815. Under this provision, at the annual election in May, 1820, an ordinance concerning hogs running at large was voted out of existence, and in the following year one in regard to fires, passed five years before, was repealed because "unequal and oppressive."

The by-laws and ordinances were first printed in 1825. On February 13, 1826, the marshal was directed to leave "one copy at every house, where the owner or occupant has not already been fur- nished."

In 1813 the council rules required every ordinance to be read three times before being finally voted on, and an ordinance could be read but once at the same session, unless by special vote. The first and second readings are usually by title only, and all ordinances are required to be approved by both councilmen and aldermen. In addition to the ordinances printed in pamphlet form in 1825, revisions in book form were issued in 1831, 1836, 1842, 1855, 1863, 1871, 1878 and 1884.

OFFICIAL YEAR.

Under the Acts of 1802 and 1815 the trustecs were to qualify within ten days after the first Mon- day of May. By Act of 1824 aldermen were to qualify within fifteen days after the first Monday of April, and by Act of 1839 their term of office began as soon after the first Monday in March as they took the requisite oath. An Act of 1855 provided that the official year should begin on the second Tuesday in February. By Act of 1857 the second Tuesday in January was fixed upon as the time for the first session of the new council. In so far as elected officers are concerned, their terms still begin at that time, but since 1879 the terms of officers appointed by the council, except members of the several commissions, begin on the first day of July.

CITY SEALS.

The first seal of the city was adopted on January 3, 1815. Thomas Rowland was then secretary. The records of the Board of Trustees show the fol- lowing :

Until a corporate seal shall be procured, the secretary of the Board of Trustees shall use and apply his private seal, which is hereby adopted and made the seal of the corporation of Detroit.

The next seal of the city was also a private one, belonging to John R. Williams, the mayor. It was temporarily adopted on September 23, 1824, and was described as being made of red carnelian set in gold, octagonal in form, and about one inch in diameter. In the center was engraved a shield with three fleurs de lis; underneath the shield was the motto, " La justice mon devoir," and over it the letters J. R. W.

The third seal adopted was likewise private prop- erty. The official proceedings of the Common Council for May 10, 1826, contain this record :

Resolved, that a watch-seal belonging to Mayor Hunt be, and the same is hereby adopted as a temporary seal of the city of Detroit, to be used until a permanent seal shall be procured. Said seal consists of a topaz set in gold, on which are engraved the initial letters H. J. H.

SPERAMUS

MELIORA

RESURCET CINERI BUS

SEAL OF THE CITY. (Exact size.)

139

CITY SEALS.

The fourth seal belonged to Jonathan Kearsley, and the Common Council Proceedings for November 13, 1826, show the adoption of the following :

Resolved, that a brass seal, belonging to the Recorder of this city, and bearing the initial letters J. K., be and the same is hereby adopted as the seal of the city until a permanent seal shall be procured.

The fifth and present seal was sketched by J. O. Lewis, for which service he was paid five dollars. The following history of this seal is taken from the Council Records for March 26, 1827:

The Mayor presented to the Common Council a seal procured by him from Mr. William Wagner, of York, Pennsylvania, in pur- suance of a resolution passed on the fifteenth day of January last, whereupon it was

Resolved, that the same seal be adopted, and shall hereafter be and remain the permanent seal of the city of Detroit; and that

the following be recorded as the description of the same, to wit : The permanent seal of the city of Detroit is composed of molten brass, one inch and nine tenths of an inch in diameter, and six tenths of an inch in thickness, bearing this inscription in a circle around the edge : "City of Detroit, Michigan." Within the circle in the foreground are represented two female figures, the one weeping over a city in flames, and the other pointing to another city in a growing state; both of which are represented in the dis- tance, on opposite sides of the circle. Over the whole, in a circular form, is inscribed the words, "Speramus meliora,' and beneath, in a like circular form, the words, " Resurget cineribus."

This significant device commemorates the fire of June II, 1805, at which time Detroit was consumed. Our substantial public buildings, costly stores, and elegant residences indicate the fulfilment of the pro- phetic inscriptions. It may be truthfully said of Detroit, "It has risen from the ashes " and "We hope for better things."

CHAPTER XXV.

MAYOR .- CITY CLERK .- CITY ATTORNEY .- CITY COUNSELOR .- CITY HISTORIOG- RAPHER: DUTIES OF EACH OFFICIAL AND NAMES OF THE INCUMBENTS.

MAYOR.

As shown in the history of the rule of the Gover- nor and Judges, two persons, Solomon Sibley and Elijah Brush, were appointed mayors under the Act of 1806. Practically, however, the office has existed only since the charter of 1824. Originally the mayor presided at meetings of the council and over the sessions of the mayor's court, which took cog- nizance of all violations of the city ordinances ; he served without pay. The charter of 1857 provided that he should have a yearly salary of $1,200; it also abolished the mayor's court, and provided that the mayor should no longer sit in the council. The mayor nominates the members of the Board of Public Works, and of the Water, Fire, Health, Park, and Poor Commissions, the city counselor, the comptroller, the receiver of taxes, the assessors, and the inspectors of the House of Correction; by virtue of his office, he is also one of the com- missioners of the Sinking Fund. All licenses, for ordinary business, or for theaters or exhi- bitions, are issued only on his order. He also passes upon all proceedings of the council, having the power of vetoing any resolution which he disapproves. He is elected for terms of two years. The following persons have served as mayors : 1824 and 1825, John R. Williams; 1826, Henry J. Hunt ; 1827 and 1828, John Biddle ; 1829, Jonathan Kearsley ; 1830, John R. Williams ; 1831, Marshall Chapin ; 1832, Levi Cook ; 1833, Marshall Chapin; 1834, C. C. Trowbridge, Andrew Mack ; 1835 and 1836, Levi Cook ; 1837, Henry Howard; 1838, Augustus S. Porter, Asher B. Bates ; 1839, De Garmo Jones ; 1840 and 1841, Zina Pitcher ; 1842, Douglas Houghton ; 1843, Zina Pitcher; 1844- 1847, John R. Williams; 1847, James A. Van Dyke ; 1848, Frederick Buhl; 1849, Charles How- ard ; 1850, John Ladue ; 1851, Zachariah Chandler ; 1852 and 1853, John H. Harmon; 1854, Oliver M. Hyde; 1855, Henry Ledyard ; 1856 and 1857, O. M. Hyde; 1858 and 1859, John Patton ; 1860 and 1861, Christian H. Buhl; 1862 and 1863, William C. Dun- can ; 1864 and 1865, K. C. Barker ; 1866 and 1867, Merrill I. Mills; 1868-1872, William W. Whea- ton; 1872-1876, Hugh Moffat; 1876 and 1877,

Alexander Lewis; 1878 and 1879, Geo. C. Langdon; 1880-1884, Wm. G. Thompson; 1884-1886, S. B. Grummond; 1886-1888, M. H. Chamberlain ; 1888- , John Pridgeon, Jr.

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The history of Detroit and Michigan; or, The metropolis illustrated; a chronological cyclopedia of the past and present, Vol I, Part 31

Author: Farmer, Silas, 1839-1902 Publication date: 1889 Publisher: Detroit, S. Farmer & co Number of Pages: 1096

Author: Farmer, Silas, 1839-1902
Publication date: 1889
Publisher: Detroit, S. Farmer & co
Number of Pages: 1096