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Judicial System of Michigan Under Governor and Judges

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Judicial System of Michigan Under Governor and Judges Michigan Law Review Volume 18 Issue 1 1919 Judicial System of Michigan under Governor and Judges W L. Jenks Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Courts Commons, Judges Commons, Legal History Commons, and the State and Local Government Law Commons Recommended Citation W L. Jenks, Judicial System of Michigan under Governor and Judges, 18 MICH. L. REV. 16 (1919). Available at: https://repository.law.umich.edu/mlr/vol18/iss1/3 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. JUDICIAL SYSTEM OF MICHIGAN UNDER GOVERNOR AND JUDGES. W HEN the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the North- west Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, a Circuit Court composed of one or more of the judges of the Supreme Court for the trial of issues joined in that Court, and finally the Supreme or General Court, having both original and appellate jurisdiction. One of the officials provided in this system was the Chief Clerk of the Court of Common Pleas or the Prothonotary; in that part of the Territory, which later became Michigan, there never was but one Prothonotary, Peter Audrain of Detroit. When in i802, Indiana Territory was extended to include what is now Michigan, the latter's inhabitants continued the exercise of the old system, provided for them as a part of the old Northwest Territory, ignorant and perhaps regardless of any changes which the legislators of Indiana Territory might enact. It was assumed by the Governor and Judges of Michigan Terri- tory when they took charge that the laws of the Northwest Terri- tory and of Indiana Territory were in force, as the third act passed by them the 12th day of July, i8o5, was one prescribing the oath of a justice of the peace, and at that time no new act had been passed providing for such an office. One of the first acts of the new legislative body was to appoint, upon the motion of Judge Woodward, a Committee to take into con- sideration the organization of a judiciary system for the Territory, and this-Committee consisted of himself and judge Bates. The sixth Act passed-July 24, i805-was concerning the Su- preme Court of the Territory of Michigan. It made radical changes from the existing system, dispensed with the name General Court, provided a court to consist of the three judges appointed by the President, with original and exclusive jurisdiction in all cases where the title of land was involved, original anid concurrent jurisdiction in all cases where the amount in dispute exceeded $2oo.oo and ap- pellate jurisdiction in all cases. Sole jurisdiction over capital crim- JUDICIAL SYSTEM OF MICHIGAN 17 this court. cases and cases of divorce and alimony was given to inal that Without expressly conferring chancery jurisdiction, it provided might suits in equity should not be sustained where adequate remedy and the be had at law, and authorized the taking of oral testimony, of witnesses in open court in such cases. The Court examination Monday required to hold one term yearly, beginning the third was deemed in September, but special sessions might be held whenever necessary by two of the judges. Courts, The next day was adopted an Act concerning Digirict into districts by which, making use of the division of the Territory a court in each the Governor as his first executive act, provided of one of the district, (three at that time) the Court to consist judges of the Territory. causes, The jurisdiction of these courts extended over persons, in cases vested matters, or things exceeding $20.oo in value, except were required to exclusively in other courts, and the proceedings of the Supreme conform as near as might be to the law and practice Court. Justices of August i, 1805, An Act was passed conferring upon the' amount involved the Peace the right to try all actions wherein pagsed August 2oth, did not exceed $2o.oo and by a subsequent act Court to the Dis- the right of appeal was given from the Justice to the Supreme trict Court and for .appeals from the District Courts Court. of courts for the These various acts provided a complete system from the in- trial of all kinds of cases, with a method of appeals ferior courts to the Supreme Court. summon a grand The Marshal of the Territory was required to jury for every sitting of the Supreme Court. as well as their jur- It will be noted that the names of the courts repeal of the exist- isdiction were changed, and although no express were intended to and ing system was attached to these acts, they The Governor and did actually at once replace the former system. until the following two judges, the third not arriving in Michigan Gov. Hull had year, sitting as a legislature, passed these laws. Woodward had practiced law some years in Massachusetts, Judge the laws of Vir- practiced in Washington and was familiar with law, but had ginia and Maryland. Judge Bates had never practiced clerk in Virginia, spent some time as a youth in the office of a court the system of so that it is not surprising that these laws changing laws of Virginia judicature should purport to be based upon the the laws of Ohio and and Massachusetts, with some assistance from New York. MICHIGAN LAW REVIEW April 2, i8o7, the law relating to District Courts was so amended as to dispense with a judge of the Supreme Court sitting in a dis- trict, and in lieu thereof the Governor was authorized to appoint in each district three persons of integrity, experience and legal knowledge, one as chief judge and the others as associate judges. The jurisdiction of the District Courts was extended to enable them to assess on their respective districts the cost of district charges, and also to hear and determine matters and complaints between masters and servants. In 1807, Judge Bates resigned as Judge of Michigan Territory and James Witherell of Vermont was appointed in his place, al- though he did not arrive in Detroit to assume his duties until Oc- tober, i8o8. Judge Witherell was then 49 years old, had served with credit in the Revolutionary War, studied and practiced medi- cine, served one term in Congress, and been a member of the Gov- ernor's Council, and also of the State Legislature. In addition to these qualifications he had been Chief Justice of Rutland County Court, so that he had had a wide experience, although-his technical legal acquirements were small. In the latter part of October, i8o8, Judge Woodward left Detroit for New York and Washington, and just before leaving, dropped in the Legislative Board a bomb in the shape of certain resolutions, and the echoes from the explosion reverberated loudly for two full years. These resolutions were in part the expression of hostility which had been growing for some time between the Governor and Judge Woodward, and reflected quite severely upon some of the actions of the Governor. A few days after the Judge's departure, (Nov. 9, i8o8) the Legislative Board passed an act changing en- tirely the method of authenticating the legislative acts. Hitherto the Governor and such of the Judges as were present and partici- pating had all signed the bill when passed and engrossed; the new act provided that three members of the Legislature should consti- tute a quorum, and that two in such case would be a legal majority, although the Act of Congress creating the Territory gave the power of adopting laws to the "Governor and Judges, or a majority of them". The same act also provided that any acts so passed should be signed by the presiding officer and attested by the Secretary. This act purported to be adopted from the laws of Vermont. February i6, i8o9, an Act was passed defining the powers of justices of the peace in civil causes, and they were authorized to try civil actions, (with certain exceptions) where the amount in- volved did not exceed thirty dollars, (or in case of notes, settled JUDICIAL SYSTEM OF MICHIGAN 19 accounts and specialties $50.oo) with right of appeal to the District Court. February 18, i8o9, an Act was passed concerning the Supreme Court, giving the Coprt concurrent jurisdiction in civil matters, where the amount involved exceeded $5oo.oo, and extending its criminal jurisdiction to all cases not cognizable by a justice of the peace or District Court, and to all cases where the United States was a party. It also gave appellate jurisdiction from the District Courts in criminal prosecutions and civil actions. February 21, 18o9, An Act concerning District Courts was passed. It made all the judges of such courts Justices of the Peace within their respective districts, required two sessions (except in the Dis- trict of Michilimackinac) to be held yearly, and gave the Court cognizance of all criminal matters (except those cognizable by the Supreme Court or a Justice of the Peace) and authorized the At- torney General to call a grand jury for any session.
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