Essexville City (part 2 of 5)

"Capt. Darius Cole is one of the pioneer vessel men of Michigan, and particularly of the Saginaw Valley. He was born in Wales, Erie Co., N. Y., October 11, 1818. As early as 1835, before Michigan became a state, he came West to Detroit, and af¬ terwards helped to survey the territory of Iowa. Most of his life has been spent in the management of boating interests, and at an early day he sailed on the lakes. As early as 1848 he came to Lower Saginaw, now Bay City, with a vessel, bringing supplies and taking back a load of furs. In 1850 he came here with the steamer "Gen. Wolcott" and ran it between this point and Saginaw, thus forming the first river line ever operated here. Before that the business had been done with canoes and skiffs. In 1854 he bought the steamer "Columbia" and run,her between this point and Detroit. He operated the river line until a few years ago, when he sold out. In company with Capt. Holt he now has three boats and operates a line between Bay City and Alpena. Captain Cole is a genial gen¬ tleman and is a well stocked encyclopaedia of early reminiscence and events. He has had a successful business career and amassed a handsome property. He owns considerable real estate in Bay City, but his family residence has always been in Detroit. His business office is in Bay City, and most of his time is spent here, especially during the season of navigation.

Previous to 1865 the only means of transit across the Saginaw River was by row-boats or ferry. In 1863 a steam flat-boat super¬ seded the rope ferry. In 1864 a stock company was formed and a wooden bridge built between the foot of Third Street, Bay City, and Midland Street, Wenona. This bridge was 1,900 feet in length and cost $35,000. It was opened for travel in 1865. In 1876 the wooden structure was replaced by the present magnificent iron bridge. The bridge company continued to the Winter of 1883, and up to that time it was a toll bridge. At that time Bay County pur¬ chased the bridge and the toll system was abolished. In 1876 another bridge was constructed from the foot of Twenty-Third Street to Salzburgh. The bridge of the Detroit and Bay City Railroad was built in 1873.

The Courts And Bar

One of the first institutions established in a community of pioneers has invariably been some sort of a court of justice, where law could be expounded, justice administered, and other kinds of business, too numerous to mention, transacted. The justice of the peace who presided over the principal court of the early days, was necessarily a being of varied attainments, at least in theory if not in fact. It was his business to unite in holy bonds of matri¬ mony such ^as desired to be pronounced, and to separate by solemn decree of divorce such as could show just and sufficient cause. He must also apply the principles of law and justice to the whole range of offenses, from murder to neighborhood quarrels.

Present System Of Judiciary

The present system of judiciary of Michigan is most excel¬ lent, but it has been developed through a tortuous way. From the date of the settlement of Detroit by the French in 1701, the people of the region now included in the state of Michigan have lived to the present time under various forms of governments - edicts of kings, orders of military commanders, decrees of imperial parlia¬ ments and provincial governors, ordinances of national congresses, enactments of territorial governors and councils, provisions of state constitutions, and the laws of the state Legislature. From the coutume de Paris to the last state constitution and enactments of the last state Legislature, the changes of 182 years have left their impress along the devious ways.

The Courts

The Circuit Court of Saginaw County was established under an act of the Territorial Legislature Assembly, approved February 12, 1885, which provided that a term of court should be held for the county of Saginaw on Tuesday next after the fourth Monday in June, and on the second Tuesday next after the fourth Monday in January in each year.

Among the first acts of the State Legislature was one dealing with the Circuit Court. It decreed that "the Fourth Circuit shall be composed of the counties of Oakland, Lapeer, Shiawassee, Genesee, Saginaw, Ionia and Kent, and the counties attached there¬ to, for judicial purposes." The sessions of the Fourth Circuit were ordered to be held at Saginaw on the third Tuesdays of February and July in each year. Subsequently the term was changed to May. In after years, a desire to have the Spring term of the court held in April was expressed.

Among the bills passed by the Legislature during the Winter session of 1858-'59 was one changing the terms of the Supreme Court and reorganizing circuit districts. The Spring term of the Supreme Court was authorized to be held on the first Monday of April in¬ stead of May. Saginaw County w T as detached from the Seventh Circuit and added to the Tenth, which henceforth comprised Sag¬ inaw, Gratiot, Isabella, Midland, Iosco, Bay and Alpena.

June 25, 1857, John Robertson vs. Harvey Williams was the first suit in the Bay County Circuit Court, W. L. Sherman, at¬ torney for plaintiff; May 81, 1858, George Lord vs. Joseph P. Whittemore, W. L. Sherman attorney for plaintiff; June 2, 1858, Andrew C. Maxwell vs. James J. McCormick, Maxwell & Wisner for plaintiff, and James Birney for defendant. No court, however, was held in which to try cases until April, 1859, when Judge Wilber F. Woodworth presided. The Grand Jury empaneled for this session consisted of J. S. Barclay, Henry M. Bradley, John Burdon, Daniel Burns, Jonathan Burtch, Calvin C. C. Chilson, W. L. Fay, Lyman Garrison, B. B. Hart, Christian Heinzmann, Fred IJeisle]:, Nathan Knight, Alexander McKay, Gunder Miller, John W. Putnam, Henry Raymond, Harvey Stewart, Edward Yosburg, Albert Wedthoff and Michael Winterhalter. Henry Raymond was chosen foreman.

The first man convicted of murder in the county was Peter Van Gestle, for the murder of Peter Van Wert. The murder was committed in Bay County, January 81, 1859. The following April Van Gestle was tried, convicted and sentenced to solitary confine¬ ment for life.

In 1861, Judge Woodworth resigned, and Hon. James Birney w^as appointed by the Governor to fill the unexpired term. He was succeeded by J. G. Sutherland, who resigned in 1870 upon his election to Congress. Then came John Moore and T. C. Grier. The latter died in 1872, and was succeeded by Hon. Sanford M. Green, who is still upon the bench.

Bay County is now a part of the eighteenth judicial district. The terms of court are the first Tuesday of March, September and December, and the third Tuesday in June.

Sanford M. Green, circuit judge Bay City, was born May 80, 1807, at Grafton, Rensselaer Co., N. Y. He is a descendant of the Greens of Rhode Island. His father was a farmer of lim¬ ited estate and uneducated. He permitted his son to purchase his time at the age of sixteen years, and at that early age he left the parental roof. During the next three years he labored on a farm for wages, and applied himself to study, in the intervals of labor, under a private instructor. Up to this time he had never had any instructor in, or given any attention to, geography or English gram¬ mar. At the age of nineteen he had qualified himself to teach, though he had only attended school, and that a common school, for three months. For two years he taught school in Winter, and continued to labor on a farm through the remainder of the year. In 1828 he commenced the study of law, and in the same year, cast his first vote for President Jackson. He read law for a time with George C. Sherman, and afterwards with Judge Ford, eminent lawyer of New York; still later he pursued his reading in the office of Stir¬ ling & Bronson, of Watertown. Having pursued his studies for five years, he was admitted to the bar as an attorney at law and solicitor in chancery. He went into practice at Brownville, N. Y., and pursued it there until 1885, when he lemoved to the city of Rochester, where he became partner of the late Hon. H. L. Stevens On Mr. Stevens removing to Michigan a year afterwards, he formed a partnership with I. A. Eastman, Esq., with whom he continued until 1887. In the Spring of that year he became interested in the land on which the city of Owosso, Mich., has since been built, and went there to reside. He assisted in laying the foundation of the thriving town and continued to live there for six years. During this period he held the offices of justice of the peace, supervisor, assessor of a school district and prosecuting attorney of Shiawassee County. At the election of 1842 he was elected state senator, and served for two years. At the close of his term as senator, in 1844 he was appointed by the chancellor and judges of the Supreme Court to revise the statutes of the state, and was required to report his revision at the commencement of the legislative session of 1846. He served during this term in the Senate as chairman of the judiciary committee. As such he reported the bill providing for that revision, and for the appointment, by the governor, of the com¬ missioner to prepare it. The bill was passed by the Senate in this form. After it went to the House the question was started who should be appointed commissioner. Senator Green was the gen¬ eral choice, but under the bill which he reported, and as it passed the Senate, he was ineligible, as the then constitution prohibited the appointment by the governor of any person to an office, cre¬ ated by the Legislature of which he was a member. To obviate this objection, the House amended the bill so as to transfer the appointing power to the judiciary, and the amendment was con¬ curred in by the Senate. His appointment was recommended by the entire Senate, with one or two exceptions, and by all the profes¬ sional men in the House. In 1848 he removed to Pontiac, and there lie prepared his revision. It was reported at the time pre¬ scribed, was adopted by the Legislature, with some amendments, and went into effect March 1, 1847. He was re-elected to the Senate immediately before making his report. On the resignation of Judge Ransom, in 1848, after his election as governor and the transfer of Judge Whipple to the third circuit to fill the vacancy, Judge Green was appointed to fill the vacancy in the fourth circuit as Judge Whipple's successor.

In this position of circuit judge, and ex-officio judge of the Su¬ preme Court, of which he was presiding judge for two years, he served until the re-organization of the latter court in 1858. After this change in the judiciary, he continued to hold the office of cir¬ cuit judge of the Sixth Circuit until 1867, when he resigned. He immediately removed to Bay City, and thenceforth devoted himself to the practice of law until he was appointed, in June, 1872, circuit judge of the Eighteenth Circuit, to fill the vacancy caused by the death of Judge Grier. In this position he is still acting. In 1860 he prepared and published a work on the practice of circuit courts. An edition of 1,200 copies was issued, and so eagerly was it sought for by the profession that nearly every copy has been sold. The important and conspicuous part performed by Judge Green, officially and otherwise, in giving judicious form and system to the statutes and the practice of the courts of this state, and in improving its gen¬ eral jurisprudence is worthy of a more extended notice than is ad¬ missible in this brief memoir. The revised statutes of 1846 have remained now for a quarter of a century, and no effort has been made to supersede it by another. Two compilations have been made to bring together, in convenient form, the numerous changes made necessary by national events by the expanding enterprise of the time and the rapid development of our local resources, but the general features of that revision remain. His judicial record for over twenty years as a nisi prius judge, and for ten years in the Court of Last Re¬ sort is creditable alike to the state and to him. The opinions of the court prepared and read by him, published in the first four volumes of the Michigan Reports, are clear and forcible in style; they show a thorough acquaintance with the subjects involved, a modest deference to the current of decision by other courts, a clear percep¬ tion of the ethical philosophy of the law, a constant appreciation of its great purpose and a bold adherence to recognized principles. These contain the results of his mature judgment after deliberate consideration. But he has exhibited in his long service at the cir¬ cuit a wider range of judicial qualities than can be called into exer¬ cise in a purely Appellate Court. He possesses rare qualifications for the nisi prius bench, for trial of questions of fact. His analyti¬ cal mind enables him at once to put aside what is foreign to the subject of inquiry, and to so classify the material evidentiary facts, as to disentangle the most intricate case, and bring order out of ap¬ parent chaos. His knowledge of the law is profound; he has mas¬ tered and digested it as a great moral science. In the administra¬ tion of it, he is ready without being precipitate, dignified without austerity, patient and attentive to arguments, and independent and uniformly impartial in his decision. He is ever serene and selfpossessed, however the bustle and excitement of important trials may affect parties, council or public. He is popular with the pro¬ fession and enjoys the fullest confidence of the public. On his re¬ tirement from the bench in 1867 he was tendered a public dinner at Pontiac, and the festive occasion was emphasized by the presenta¬ tion of a beautiful silver service, with toasts and speeches abounding in compliments well merited, and which had the ring of "well done, good and faithful servant." Nor is Judge Green a mere judge or justice; his reading has been extensive. He is, in short, a man of refinement and general culture, with broad and liberal views.

Probate Court

At the first election held in Bay County on the first Monday in June, 1857, Sydney S. Campbell was elected judge of probate. The first business transacted in his court was an application for the appointment of Michael Winterhalter as administrator of the estate of Frederick Wintermur, deceased. Mr. Campbell held the office until January 1, 1869, and was succeeded by Hon. H. H. Hatch, who served one term. Then followed J. W. McMath, John Hyde and Thomas E. Webster, the latter being the present incumbent.

W. L. Sherman was born in Rutland, Jefferson Co., N. Y., March 20, 1819; was admitted to the bar in 1887, and began the practice of law at Adams, N. Y. In 1854 he settled in Lower Sag¬ inaw and was engaged in the practice of his profession until his death, which occurred June 30, 1865. He left a wife and two children, who still reside in Bay City.

Chester H. Freeman is the pioneer member of the Bay County bar, having begun practice in Lower Saginaw as early as 1855, be¬ fore Bay County was organized. Mr. Freeman was born in Williamstown, Oswego Co., N. Y., February 28, 1822. His father was an extensive farmer, and a practicing physician. The subject of this sketch spent his early years assisting upon the farm and attending school. There is a tradition of his school days that he was a studious youth, and peaceably inclined, but when a weaker party was abused he made it a rule to interfere, and some one whose name was not Freeman experienced disastrous consequences. Sometimes the chastisement was visited upon another pupil and some¬ times upon a teacher. In 1837 he entered Cazenovia Seminary, where he remained one year. He then taught for a time and after¬ wards attended school at Mexico, N. Y., about three years. He then returned to the farm, where he remained ten years. April 3,1844, he married Ellen 0. Davis, of Williamstown, N. Y. While at school he began the study of law, which he afterwards resumed, and was admitted to the bar at Syracuse, N. Y., in 1854. After practicing about a year he came West and settled in Lower Saginaw in July, 1855. He opened an office on Water Street at the foot of Center Street. In the Fall his family arrived, and they were established in rooms in the Watson Block. In the Fall of 1856, Mr. Freeman went into the woods and purchased a lot where his present residence stands, on the corner of Third and Madison Streets, where he built a frame house which the family immediately occupied. All that area was low ground and most of the time covered with water. Mr. Freeman built a sidewalk leading to his house, which was known as 4 'Freeman's temperance sidewalk." It consisted of planks laid on blocks, making a sidewalk about one foot wide, and elevated nearly two feet from terra firma. During a wet time this would be sub¬ merged in places. The house stood upon a little mound, which was the only redeeming feature of the locality. This was pioneer life. Mr. Freeman was a young man of more than average mental and physical vigor, and soon took a commanding position in the new country. In 1857, Bay County was organized and he was elected prosecuting attorney. Then came the fight to maintain the separ¬ ate county organization. The history of this peculiar and severe struggle is faithfully portrayed elsewhere in this work. Mr. Freeman drew the bill passed by the Legislature, and when the validity of the organization was assailed, he stoutly defended it. Although he stood almost alone, he never wavered in his belief or determination to fight for it to the end. It was a most critical situation. He was a young man and of recent advent into the country. If he failed the result must inevitably piove fatal to his future prospects. He did not fail, but followed the contest to a successful issue and achieved a great triumph, not alone for himself, but for the county. His courage and ability in that struggle can never be ques¬ tioned. In 1860 he was stricken with sciatica, from which he suf¬ fered intensely most of the time for nearly ten years. He has never fully recovered from the effects of it, but for the past thirteen years has been able to attend to his business. In 1872 he built the brick residence and office, which he now occupies, upon the lot before described. At the present time no trace of the swamp, or rough surroundings, remain, but broad, handsome streets, and beautiful homes are there instead. Mr. Freeman has accumulated a large amount of property notwithstanding the severe struggle with dis¬ ease, which for nearly ten years rendered him helpless. He has built a number of dwelling houses and stores, some of which he still owns. He was for some time Circuit Court commissioner, and as highway commissioner laid out some of the most important roads in the county. Mr. and Mrs. Freeman are the leading mem¬ bers and supporters of the Emanuel Reformed Episcopal Church at South Bay City. Mr. Freeman's name must always remain asso¬ ciated with the early history of Bay County, in the interest of which he has rendered great service.

Andrew C. Maxwell came here in March, 1857, from Lapeer, Mich. He was born in Onondaga County, N? Y., July 11, 1881. When thirteen years of age he removed to Michigan with his par¬ ents, who settled in Oakland County. He was brought up on a farm, and studied law at Pontiac. In June, 1858, he was admitted to the bar and settled in Lapeer, where he began the practice of law. December 28,1858, he married Sarah M. Halt, who belonged to the pioneer family of Lapeer County. While there he held the office of prosecuting attorney one term. In March, 1857, he settled in Lower Saginaw, where he has been in continuous practice longer than any other attorney now here. He was a member of the Board of Supervisors in 1870-71, and from 1876 to 1880, when he re¬ signed. In 1881 he was again elected and re-elected in 1882 and 1888. He was a member of the Legislature in 1865 and in the Fall of 1882 was the Democratic candidate for Congress in the Tenth district. In 1872 he built a block on Water Street, known as the Maxwell Block. Mr. Maxwell has had more to do with the affairs of Bay County than any other man in it on account of his long ser¬ vice on the Board of Supervisors and his recognized ability as a law¬ yer. He also took an active part in the organization of the county. As a lawyer Mr. Maxwell long ago had acquired a state reputation, and for upwards of twenty years has had a very extensive practice in the courts of Northern Michigan. To those who know him it would sound exceedingly tame to say that "Maxwell is an inveter¬ ate joker," when for a quarter of a century accounts of his acts of generosity and interestedness in others' affairs upon auspicious oc¬ casions, have been the current anecdotes in this part of the state, several of which are recorded in another part of this work.

Theophilus Cotton Grier, judge of the Eighteenth Judicial Circuit, from 1870 to the time of his death in 1872, was in his day a prominent member of the Bay County bar. Judge Grier was born on the 2nd of January, 1884, and he was consequently in his thirty-ninth year at the time of his death. His parents resided at Ravenna, Ohio, during his early childhood, but they both died when he was quite young. He then resided with an uncle for some time. He was a descendant, on his mother's side, from the Rev. John Cotton, of Boston, and of Pilgrim fame. At fifteen years of age he was apprenticed to Joel B. Brattles, editor of the Trumbull County Democrat, Ohio; after that he attended an institution of learning in Marietta, and studied law in the office of Riddle & Hathaway, at Chardon, Ohio, in 1854. In 1857 he married the lady who was his faithful companion till the day of his death. Shortly after his mar¬ riage he was admitted to the bar and removed to Pine Run, in this state, where he commenced the practice of law in the same year. In the latter part of the year 1859 he removed to Bay City. At that time he was in very destitute circumstances, but with that courage and ability he possessed, he soon secured a good practice and con¬ tinued to increase it until it became quite lucrative. Judge Grier was frequently elected to offices of trust and honor. In 1860 he was elected prosecuting attorney and Circuit Court commissioner for the county. In 1862 he was, however, not fortunate, and was defeated in the election for the same offices. In 1865 he was the attorney for the city, and in 1867 was elected representative to the Legisla¬ ture from this district. While filling this office he distinguished himself both as a debator and good working member. In 1870, by unanimous request of his legal brethren of the Bay City bar, and without opposition, he was chosen judge of the Eighteenth Judicial Circuit.

Luther Beckwith is one of the early members of the Bay County bar, having settled here in the Fall of 1860. He is a native of Washtenaw County, and a graduate of the University of Michi¬ gan. He was admitted to practice in 1860, and began practice in Bay City. He held the office of prosecuting attorney from 1868 to 1867, and has also been alderman of the city. He is well known and has a good reputation as a lawyer.

Archibald McDonell settled in Bay City in June, 1861. He was born in St. Andrews, Nova Scotia, January 1, 1888. He re¬ ceived a grammar school training and taught in his native province about three years. In 1859 he entered the law department of Michigan University,and graduated in the Spring of 1861. The following June he entered upon the practice of his profession in Bay City. He has held several local offices, among which were those of mayor of the city, supervisor, circuit court commissioner, city attorney and alderman. Mr. McDonell has been very successful, both as a lawyer and business man, and ranks among the wealthy men of Bay County. He is a member of the hardware firm of Logan, Bialy & McDonell, and has large real estate interests in the city and county.

Isaac Marston, late associate of the Supreme Court, has re¬ cently engaged in the practice of law at Detroit, but it is impossible to separate bis name from the history of progress in Bay City and County during the past twenty years.

He was born in Ireland, January 2, 1889, his father being a small landed proprietor of English descent. His mother maintained and educated the children after their father's death. He deter¬ mined to take his chances in the busy world on this side of the water, and in 1856 came to America, where he began his career by working upon a farm in Oakland County, where he attended school for two months. He was here with no advantages save his indom¬ itable will and fixed determination to make the best use of the talents given him, yet he has far outstripped the thousands whose sur¬ roundings made easy the way to success. In 1859 he entered the law department of the University of Michigan, and graduated in 1861. During a portion of the time he was in the employ of Judge Cooley, with whom he afterwards sat upon the Supreme Bench. After graduating he practiced law for six months at Alma, Gratiot County, where he lost his library by fire. He then practiced for a short time at Ithaca, after which he came to Bay City. His career since coming here twenty-one years ago, has been one of continued improvement, not only in the extent and value of his professional work, but in the positions of public trust which he has been called upon to fill. March 18, 1868, he formed a partnership with Hon. H. H. Hatch, which continued, substantially, up to 1874, when Judge Marston was appointed attorney-general by Gov. Bagley. This formed the strongest legal firm in Northern Michigan, and both of its well known members have acquired an enviable reputa¬ tion as well as the more substantial evidences of the esteem in which they are held by the public. Before receiving the appoint¬ ment above referred to, Judge Marston had acted in the capacity of justice of the peace, prosecuting attorney and city attorney, and was chosen State Representative, in all of them showing the same con¬ scientious regard to the duties and responsibilities of his position as has characterized him in the higher honors to which he has since been called. In April, 1875, he was elected justice of the Supreme Court, to fill the vacancy caused by the election of Judge Christiancy to the United States Senate, and remained upon the bench until his resignation in February last. He has been a power in promoting

Hon. Herschel H. Hatch, of Bay City, member of Congress from the Tenth Congressional District, was born in Morrisville, Madison Co., N. Y., February 17, 1887. The experiences of his early life were similar to those of the average American youth of that day. He was naturally studious and ambitious, and received the best education a boy could secure from the public schools of his native village and from the instruction of his father. When he came to decide upon a life pursuit,he chose the law and was admitted to the law department of Hamilton College, from which he graduated in 1859. He then opened an office and began the practice of law in his native village, where he remained until 1863. In March of that year lie came to Bay City, and the same month became associated with Isaac Marston in the practice of law. The next year James Birney was admitted io the firm, which then became Birney, Mars¬ ton & Hatch. In about a year Mr. Birney retired, and the firm of Marston & Hatch continued, and was recognized as one of the lead¬ ing law firms in the state. This firm was dissolved by the election of Mr. Marston to the Supreme Bench in 1875. Mr. Hatfth was one of the first aldermen of Bay City, being elected to that position on the incorporation of the city in 1865. In the Fall of 1868 he was elected judge of probate of Bay County, and held the office until 1872. In 1874, the Legislature having directed Gov. Bagley to appoint a commission to revise and amend the constitution, and Mr. Hatch having gained a state reputation as a lawyer, he was se¬ lected by Gov. Bagley as one of the eighteen commissioners to perform the work, Gov. Jerome being his colleague from the . Saginaw district. In 1881 he was one of the five commissioners appointed by the Governor, under the bill passed by the Legislature to revise the tax laws of Michigan. The present tax law is the work of that commission, of which Mr. Hatch was a leading and in¬ fluential member. He has held various other positions of trust and influence, and especially in educational matters he has always taken an active interest and has done much toward their advancement. While Mr. Hatch has been almost continuously in public service,he has never been considered a politician in the commonly accepted meaning of that term. His ambition and energies have been di¬ rected to his profession, in which he is recognized as one of the leading lawyers of Michigan, and has been associated with some of the most important cases that have aiisen in this part of the state. He is a man of great energy,and is a hard worker, both as a student and practitioner. He possesses many marked characteristics, promi¬ nent among which are decision of character, and directness of speech and action. In the Fall of 1882 he received the nomination of Representative in Congress, from the Republicans of the Tenth District, and was elected by a majority as * surprisingly large as it was satisfactory to himself and political friends. He was married in June, 1864, at Morrisville, N. Y., to Miss Eliza E. Houghton, of that place. They have four children. Their family residence is on the corner of Tenth and Washington Streets.

Following are the present members of the bar: - E. Anneke, L. Beckwith, John Brigham, Jr., Samuel L. Brigham, George P. Cobb, Fatio Colt, Edgar A. Cooley, F. B. Clark, C. L. Collins, M. A. Dowling, Henry Fenton, C. H. Freeman, G. H. Francis, S. P. Flynn, Isaac A. Gilbert, H. M. Gillett, J. C. Greening, Frederick K. Gustin, S. T. Holmes, H. H. Hatch, John Hyde, John Hargadon, A. H. Ingraham, A. M. King, A. P. Lyon, Henry Lindner, A. C. Maxwell, J. W. McMath, A. McDonell, George W. Mann, Daniel Mangan, W. J. McCormick, M. J. McHugh, L. McHugh, H. W. Newkirk, Frank S. Pratt, Edward W. Porter, C. E. Pierce, E. W. Rider, T. F. Shepard, W. Scofield, John L. Stoddard, John E. Simonson, E. R. Slawson, H. Selleck, R. B. Taylor, H. M. Wright, T. A. E. Weadock, F. L. Westover, Thomas E. Webster.

The identity of Bay City can be traced back as far as the Spring of 1838, and its history, therefore, covers a period of fortyfive years. Upon preceding pages have been described the early conditions of this region; the luminous advent of the Saginaw Bay Company in 1837, its spasms and speedy strangulation. March 1, 1838, Sydney S. Campbell and family arrived upon the site of Lower Saginaw and established themselves permanently in a home and business. This was the first permanent settlement made in Lower Saginaw and in the line of Bay City's development and his¬ tory. So numerous and varied have been the accounts of the early settlement of Bay City, that the confusion of the reader is liable to be still further increased unless the earliest movements are described in this chapter with greater minuteness than would otherwise be deemed necessary.

Back of 1838 no plan took shape that was preserved and be¬ came a part of the organism of Lower Saginaw, which developed into Bay City, while the village of Portsmouth, although first pro¬ jected, maintained a separate municipality until 1873, when it ceased to exist and became an addition to Bay City by annexation. The interests of the two places were so much in common that a de¬ tailed history of each would necessitate a repetition. To avoid this as much as possible, we will briefly summarize the early movements in the

Village Of Portsmouth

The fame of Portsmouth consists chiefly in priority of existence, having been, as already described, the first town projected near the mouth of the river. When returning life began another struggle in this region, Portsmouth also led the way for a few years, in the way of first enterprises. Joseph and Medor Trombley became first set¬ tlers by remaining here contrary to their first expectations. Nearly fifty years have rolled round since they halted in the wilderness, and both are still in the county. The Center House had been built here; Judge Miller had laid out a town, and built a mill. In February, 1837, the Portsmouth Company was organized. Among its members were Henry Howard, the state treasurer; Kensing Pritchet, secre¬ tary of state; John Norton, the cashier of the Michigan State Bank; John M. Berrien, of the United States Army, and Gov. Stevens T. Mason, who individually purchased all the land subsequently in¬ cluded in the Portsmouth plat. These formed the stock company and caused the same to be re-surveyed *and re-platted in 1837 by , John Farmer.

A portion of this plat of Portsmouth was re-surveyed and re¬ platted by A. Alberts surveyor for William Daglish, in 1855, under the name of Daglish Addition to Portsmouth.

The first physician in this region, Dr. J. T. Miller, located here in 1836. The second physician, Mrs. Thomas Rogers, of sainted memory, also located here with her husband. She was truly a min¬ istering angel of comfort and aid.

The first lumber manufactured in this region after 1837, was in the Portsmouth mill by James McCormick & Son, in 1841. They also shipped the first cargo of lumber out of the Saginaw Valley.

The first vessels built on this part of the river, after the "Java," were the "Essex" and "Bay City," built by the Braddocks at Ports¬ mouth in 1857 and 1858.

In ,1848 Judge Albert Miller came to reside permanently, and occupied a house built by John Rice, on what is now Fremont Avenue, near Water Street; the first school being taught in this building. Judge Miller operated the mill in company with James J. McCormick for a short time.

C. L. Russell and Capt. Lyman Crowl came about 1849 and formed a copartnership with J udge Miller, under the firm name of Russell, Miller & Co. In the Winter of 1850 they built a mill on the present site of the Miller & Lewis Mill. They built several houses to accommodate their workmen, and opened a store. In 1850 they hired a minister, and erected a small building for a church. This building was afterwards fixed over for a school house.

Portsmouth as first platted extended north to the present line of Twelfth Street, and south to a line between Thirty-Second and Thirty-Third Streets. When the village of Bay City was incorpora¬ ted it took in Portsmouth as far south as the section line, and final¬ ly to Twenty-Fourth Street, and in 1873, by annexation, acquired the whole of Portsmouth village. Several additions had been made, among them being Medor Trombley's, Dr. Daglish's and Ingra¬ ham's. The various elements that entered into the growth of Ports¬ mouth are necessarily given elsewhere, and it is therefore needless to repeat a history of them here. As enterprising men as ever came into the valley composed the bone and sinew of the village, and promoted its growth. Some remain, but the number who have ceased from fife's activities is comparatively very large. The history of Portsmouth recalls such names as Trombley, Miller, McCormick, Marsac, Wilson, Braddoek, Stevens, Daglish, Southworth, Beckwith, Watrous, Wilmot and Kinney. Of this force but a remnant remain.

was attempted to be recalled by an artist in 1874, and the result of the effort has since done duty as the frontispiece of a local and very creditable publication. The scene pictured is quite romantic and attractive. The serene repose that pervades the spot reminds one of a New England Sabbath in June. The intense stillness, however, has a depressing influence upon the future prospects of the place, somewhat damaging to its material interests. The two fishermen upon the dock are waiting reverentially for a "bite," and a bark canoe, containing a pair of Indians in war paint, is being propelled through the water of the river with noiseless strokes of their oars. Judge Campbell is seen issuing from the front door of the Globe Hotel to take his accustomed seat in the shade, but no other evidence of life is visible in all the realm. The effect of the picture, however, is somewhat marred by the fact that the cluster of

Co., N. Y., February 29, 1804. In 1880 he emigrated to Michigan and settled at Pontiac, whence he removed to Cass River Bridge in the Spring of 1886. Here he laid out a town and called it Bridge¬ port; his partner in the business being Mr. G. D. Williams. A postoffice was established and Mr. Campbell was appointed post¬ master. But Bridgeport was blighted by the hard times, and in the Winter of 1888 he was induced by Mr. Fraser to remove to the new city on the Saginaw, and start a hotel. Some of his Saginaw friends who knew his love of ease when not on a chase for deer, said that "Syd" was too frequently disturbed while at Bridgeport by travelers coming along and requiring entertainment, and that he had opened a tavern at Lower Saginaw where he would not be dis¬ turbed in that way. However, he removed here with his family in the Spring of 1888 and opened the Globe Hotel, as related else¬ where in this work. He arrived here on the first day of March, buildings represented did not exist in the year namel. Even the Globe Hotel had not then taken shape, and Judge Campbell was a resi¬ dent of Bridgeport. A correct picture of Lower Saginaw, at March 1 , 1888, would represent a clearing extending from the present line of Third Street, south to a point just beyond Center Street, and from the river east to about the present line of Saginaw Street. There were two or three log houses and the block house built by the Sag¬ inaw Bay Company, near the present corner of Fourth and Water Streets, for a boarding-house. The Globe Hotel building was in process of construction, and Cromwell Barney was at work upon it. A mile or so to the south were the big house of the Trombleys, and a deserted saw mill. Such was the birth and birth-place of Bay City. The future has few secrets more securely locked up than those which pertained to the destinies of this germ of enterprise.

Sydney S. Campbell

or Judge Campbell, as he is generally called, was unquestionably the first to locate in Lower Saginaw and effect a permanent settle¬ ment, after the town was projected. He was born at Paris, Oneida and the following day killed a large buck on the opposite side of the river, the last one that he saw for five years. That month, March, 1888, is described by Mr. Campbell as being as warm as is usual for the month of June. In addition to the lot on which the Globe Hotel was built, and still stands, he purchased several other lots which he was wise enough to keep. He had married, March, 1880, Miss Catharine J. McCarty, of Schenectady, N. Y. They have had three children, two of whom are still living. Edward M. Campbell, who died in 1879, was the first boy born in Lower Sag¬ inaw, or in what is now Bay County. He was the first supervisor of Hampton Township, and held the office for several years. He was probate judge of the county for sixteen years after its organi¬ zation. In 1878 he built a brick business block just north of "the Globe Hotel, on Water Street, which he rents. He and his wife now live on Woodside Avenue, and twice every day he visits the Globe Hotel, which he has owned for forty-five years, though it has been considerably eularged and improved since it was first built. The incidents of Judge Campbell's early connection with the place appear at different places in this work. For forty-five years he has been a witness of the changes which, in history, link the bus¬ tling metropolis of the present with the desolate opening,in the wilderness nearly half a century ago.

Upon arriving here the 1st of March, Mr. Campbell's family occupied the block house for a short time until the "Globe" was finished, when they took possession and opened the first tavern in Lower Saginaw. In those days supplies were not ordered through telephone, nor yet by stepping out to some market place a block away, and often Mr. Campbell would paddle a canoe sixteen miles to Saginaw for a pound of tea. In 1862 the old hotel building was enlarged to its present size, and endowed with the name "Globe Hotel."

A year or two after settling here, Mr. Campbell borrowed the government oxen, and plowed a piece of land near where Folsom & Arnold's saw mill now stands, which he sowed with buckwheat. When the time came to gather it he would take his canoe, Iris wife accompanying him, and go down to the field. On the way he would shoot ducks for their dinner. Spreading a sail cloth upon the ground, Mrs. Campbell would bring the bundles of buckwheat to¬ gether, and he threshed it out on the sail cloth. After winnowing it with a shovel it was put in bags and taken in his canoe to the hotel, where it was emptied into a bed-room up-stairs. The follow¬ ing Winter there was a scarcity of flour, and in February the supply in Lower Saginaw became exhausted. None could be had at Saginaw or Flint, but people in those days did not starve. In this instance Mr. Campbell's harvest of buckwheat was opportune. Fred Derr, who lived in the "Wild Cat" building opposite the "Globe," had a big coffee mill, and it didn't take the settlers long to study out a way to get flour. Each one as he needed would visit the buckwheat pile, and taking what he needed, grind it in Mr. Derr's coffee mill. In this way, the only flour used in the settlement for three weeks was made, and it is not recorded that the avoirdupois of the place dim¬ inished, or that the bloom of health was dulled.

"Yankee" Brown, as he was called, kept boarders in the block house, and Cromwell Barney was living in the old log house, pre¬ viously occupied by Leon Trombley. Fred Derr was working with Cromwell Barney, while the Globe Hotel was being built. He afterwards married Miss Clark, who taught school a short time near where William Peter's mill now stands. They were the first white people in Lower Saginaw to unite for better or worse, but they went to Saginaw City to get the solemn sentence pronounced. She died in about a year after they were married, but he is still living East. Mrs. Derr was the second person buried in the burial place selected for that time, as described elsewhere.

The first white child born in the county was Elizabeth, daughter of Cromwell Barney, and the late wife of A. G. Sinclair, now of Bay City. She was born in the log house in May, 1868.

During 1838, the bank building was built nearly opposite the Globe Hotel, on what is now the corner of Water and Fifth Streets. The reasons why this building was never used for a bank have al¬ ready been given. The warehouse also was built on the river. During the Summer Mr. Campbell borrowed the government oxen of Leon Trombley and plowed a piece of ground, but the opera¬ tions of the place were not extensive, and the hotel business did not exceed the facilities.

With 1838 the operations of the Saginaw Bay Company ceased. Its affairs went into chancery, and Lower Saginaw was under a shadow more dismal than that of the surrounding wilder¬ ness, for two or three years.

There is a story told in connection with the wreck of the Sag¬ inaw Bay Company that illustrates the ups and downs of life. At the time of the crash, Theodore Walker was a tailor in the city of Brooklyn, and had a claim against one of the bankrupt stockhold¬ ers of the company. Having nothing else left at his disposal, he turned over to Mr. W alker a strip of land in Lower Saginaw. It was not supposed to be of any value, either in reality or expect¬ ancy, but Mr. Walker accepted it because nothing better was to be had. He kept it, and some years later came to Lower Saginaw, and died here, but not until after his worthless land had become very valuable. Mr. Walker used to tell this circumstance during his residence here.

Judge Campbell kept the Globe Hotel for three or four years, and then moved into a house still standing on Water Street, just below Third Street, that James Burly had built, but lightning dashed into the clearing one day and gave an exhibition on that building, leaving it in tatters. Judge Campbell fixed it up and oc¬ cupied it is a residence. The Globe then had several proprietors. Col. Garrett kept it for a while, then Capt. Benjamin Pierce, who came here on the schooner "Maine," and afterwards a man named Tait.

About 1841 the forces that were to enter into the future de¬ velopment of the place were being gathered together. It was about this time that the scrip for nrost of the land owned by the Saginaw Bay Company came into the possession of James Fraser, Dr. D. H. Fitzhugh, James G. Birney and Theodore Walker. In 1840 Dr. Fitzhugli had purchased several parcels of land bordering on the river, opposite Lower Saginaw and Portsmouth. So that prac¬ tically the

Proprietors Of Lower Saginaw

PROPRIETORS OF LOWER SAGINAW were James Fraser, James G. Birney and Dr. Daniel H. Fitzhugh, of whom we make the following biographical sketches.

The Projector Of Bay City

James Fraser's business career is inseparably intertwined with all the important features of a history of Lower Saginaw and Bay City. The former he founded, and developing into the latter has become the monument of his sagacity and unfaltering courage. We shall attempt in this connection only an outline of his life, as the history of his business relations, and the results of his efforts,neces¬ sarily appear in other places in this work.

Mr. Fraser was born at Inverness, Scotland, February 5, 1803. His father in early ]ife was a soldier in a British regiment, and in 1796, in the war with the French, lost a leg at the Island of St. Luce, and was afterwards a pensioner of the government. His mother spent the last year of her life in the family of her son James, and with daughters at Lower Saginaw* Her death occurred in 1850.

When quite young Mr. Fraser engaged in business for himself,and accumulated several thousand dollars, which he brought with him to America. He had no advantages of early education or fortune, beyond what his own unaided energy secured. In the after years of* his wealth he never forgot his origin or desired others to forget it. The contrasts of the different circumstances of his life he neither boasted of nor sought to conceal, though he often referred to the scenes of his youth, when he waded bare-legged through the snow to carry a message for a ha'penny, or his taking daily a brick of turf under his arm as a contribution to the fire of the village school. He emigrated to America in the year 1829, bringing with him the few thousands of dollars he had accumulated. His first business experience was temporarily disastrous, though, perhaps, ultimately profitable. In company with two or three of his fellow countrymen an attempt was made to build a saw mill near Rochester, in Oak¬ land County. They spent the Winter in making preparations, pay¬ ing exorbitant prices for material and supplies, and in the Spring their funds had run so low that the enterprise was abandoned. Mr. Fraser found his capital reduced to less than $ 100, and with this remnant he went to Detroit. There he established a small grocery and made money rapidly. In 1882 he married Miss Elizabeth Busby, a young English lady of more than ordinary personal at¬ tractions, who, with her parents, had emigrated from London the year previous. In the Autumn of 1838 he determined to move to Saginaw, and occupy a tract of land he had previously purchased on the Tittabawassee River. All that time there was only an Indian trail between Flint and Saginaw; the usual mode of travel being on horseback. The distance was thirty-eight miles, and Mrs. Fraser having a young child must have some easier vehicle than the saddle. Mr. Fraser's resources were equal to the emergency, and he had a rude ox sled made with a comfortable seat upon which Mrs. Fra¬ ser rode, while her father and mother accompanied Mr. Fraser on horseback to their new home.

Soon after getting his family settled, he returned to Detroit to purchase some cattle for his farm, and while driving in on foot, be¬ tween Flint and Saginaw, his cattle got wild and would not keep the trail. He chased them until he got tired, when he took off his coat and after carrying it a while,and getting near the trail once more, as he supposed, he hung it on a tree in order to head off the cattle. In doing so, he lost the location where he left his coat and he could never find it. Mr. Fraser used to say in after yeais, when he was worth nearly a million, that "this was the greatest loss he ever had in his life, as his pocket contained $ 500; all the money he had in the world was in that coat pocket." There was great hunting for that coat, but it was never found. Undoubtedly the wolves pulled it down and destroyed it.

He cleared some land and planted an orchard that was after¬ wards noted as being the most flourishiug in this part of the state. With true Scotch feeling, he was always averse to parting from that farm, and held it while he lived. In the division of his estate it went to Mrs. Paine, of Saginaw, in whose possession it still remains. Mr. Fraser soon found a more profitable occupation than farming, in locating and dealing in government lands. During the early part of 1836, he removed his family to Saginaw City, and never re¬ turned to his farm.

From this time on, his business operations outreach the limits of biography and are traceable through the general history of prog¬ ress and development in the Saginaw Valley. During 1835 and 1836 land in favorable locations reached almost fabulous prices, and Mr. Fraser's sagacity enabled him to reap a golden harvest. In 1836 he was a leading spirit in the organization of the Saginaw Bay Company, which purchased the present site of Bay City. The financial crash of 1837 wrecked this company and most of the stockholders, Mr. Fraser being about the only one who survived. His business achievements from 1835 to 1838, including his success¬ ful issue from the great panic of 1837, must be regarded as among the most remarkable on record. He bought when lands were cheap, and was shrewd enough to sell when the advance would realize him a handsome profit. It was one of his rules to always keep on hand an amount of ready money, and by doing this he was not only prepared for a panic, but was ready to improve the best opportunities for making a good bargain. After the Saginaw Bay Company went down he associated with him James G. Birney and Dr. Daniel H. Fitzhugh, and they purchased considerable of the scrip, and became the proprietors of Lower Saginaw. In 1845 he built a water mill at Kawkawlin, and began the manufacture of lumber. During the next three years he was interested in the building and operation of two steam saw mills on the Saginaw River, and later in a steam mill on the Kawkawlin River. He succeeded Judge Riggs as Indian agent, and that was the only office with any emolument that he was ever induced to take. In 1848 Mrs. Fraser died, leaving a family of three sons and three daughters. October 28, 1850, he married

Miss Susan Moulton, of Westport, Conn., a woman of beautiful character, whose spirit of Christian benevolence has made her life one of great usefulness. The union was one of mutual happiness and blessing. It was the law and custom of Connecticut in those days to "cry out the bans" in church, and to escape this publicity, they were married in New York City. The fruit of this marriage was one daughter. In 1857 they removed to Lower Saginaw, and here in his commodious mansion was dispensed a most liberal hos¬ pitality. Here his great energies were directed, not alone to his private enterprises, but to public improvement and the general de¬ velopment of the county. About the last enterprise of his life was the erection of the large brick block that now bears his name, "The Fraser House," at the corner of Center and Water Streets, but which he did not live to see completed and occupied. The church edifice on Washington Street, in wdiich the Baptist Society first worshipped, was almost entirely a gift from him.

In 1864 he began to feel that he would like a more quiet life, and with his family went to Brooklyn for a few months and thence to Westport, Conn., where he continued to reside until his death, although much of his time was spent in Bay City. His last sickness commenced with an ordinary cold, which developed into typhoid pneumonia, and resulted in his death January 28, 1866. The an¬ nouncement of his death produced a profound impression in Bay City, and the event received appropriate public recognition by the citizens of this place. His remains were buried at Westport. Of the children, only four are living: - Mrs. William McEwan and Mrs. E. B. Denison, of Bay City; Mrs. A. B. Paine, of Saginaw, and Mrs. George T. Blackstock, of Toronto, Canada. Mrs. Fraser is now the wife of Hon. William McMaster, a wealthy banker of Toronto and a member of the Dominion Parliament.

The life and character of Mr. Fraser were truly remarkable in energy, persistency and endurance, although in every respect he was a man of marked traits. It was, however, in his working faculties that he stood most conspicuously before his fellow men. It is safe to say that there are few men living capable of enduring even for a short time what he passed through as the daily routine of life. At a time when the saddle and canoe were almost the only means of communication, his business required his presence in almost every part of the valley, and often at the headquarters of the state in Detroit. He was then literally ubiquitous. He seemed entirely insensible to fatigue, heat or cold, or anything which stood between him and the object at which he aimed. He more than once rode straight through from Saginaw City to Detroit by the light of a single sun, - a distance of about ninety-five miles, - on some occasions never changing his horse. But this was nothing; arriving at home at nightfall, after toils which most men would have considered a warrant for a long rest, and finding a letter or a message which re¬ quired his presence elsewhere, with scarce a pause, he would spring again into the saddle, and no matter how dark, or wet or cold, he would plunge into the almost pathless forest with a seeming reck¬ lessness, but with an instinctive sagacity and force of will and power of endurance that always brought him through, and gener¬ ally, "on time." With the land office at Detroit for the goal, a choice section of land for the prize, it is believed that there was never a man who could beat James Fraser in the race. Often in the dead of night, the solitary settler at the Cass Crossing would hear a horse thundering at full speed across the bridge, and would say the next morning that James Fraser had gone in or out, as the case might be. An acquaintance, speaking of Mr. Fraser, says: - "The first glimpse I ever had of him was in the trail between Flint and Cass in 1836. The mud was knee deep, and water was above the mud, but he passed through at speed with merely a shout. He was without a hat, and covered with mud, his head being bound with a handkerchief. On meeting him afterwards I learned that he had been all night in the woods, having lost his way, and afterwards his hat, hut he was going to Detroit to enter some land at Lower Sag¬ inaw, and his errand brooked no delay."

In the Spring of 1850, his eldest son was sick at Detroit. Growing suddenly worse, his father's presence was desired as quickly as possible, and a messenger was despatched to inform him. Mr. Fraser was in Saginaw when the intelligence reached him. In¬ stantly ordering his famous horse "Fair Play," he was soon in the saddle and away. It was in the month of March, and the roads of those days were worse even than usual, if such a thing were possible. But a better pair never started upon a race for life, even under the graphic colorings of fiction, than James Fraser and his pet, "Fair Play;" and in eight hours and forty-five minutes from the time of starting, the distance of ninety-five miles had been traversed and Mr. Fraser was at the bedside of his dying son, having changed horses two or three times on the way.

Instances similar to the foregoing, of the feats perfoimed by this man, are numerous enough to fill a volume. The horse, "Fair Play," was an animal of great beauty and endurance, and known throughout all this region. But horse and rider long since halted at the end of life's journey. The wilderness through which they plunged by day and night has disappeared; the trails they followed have become highways of mighty industries, and the stations at which they stopped are populous centers of activity and thrift.

In his intercourse with the world Mr. Fraser was one of the most genial and pleasant of men. The fervor and enthusiasm of his social qualities are well remembered traits of his character. In his home he was truly hospitable, his house being for a long time headquarters for strangers who came to the valley.

It has been truly said of Mr. Fraser that as a business man he was a class by himself. For many years his head was his ledger and his hat was his safe, yet, with a memory clear and tenacious, even to the smallest details, he transacted his affairs with the utmost exactness. When his affairs extended entirely beyond his capacious mental grasp, he was forced to employ the usual agencies for doing business, but even then he was inclined to continue his primitive methods to a certain extent; methods that had brought him a fortune of nearly or quite a million dollars.

Mr. Fraser was never a member of any church, but during the last years of his life gave his attention to religious matters and ob¬ servances. He became an industrious student of the Bible and conducted family worship, and at the last met death calmly and peacefully.

Such is an imperfect outline of the character and career of the man whose mighty activity flashes across all the changing scenes through which Bay City has passed. One who knew him well says truly that the biographer who could have caught and combined the story of James Fraser's life as it frequently fell from his own lips in his own racy and graphic language during moments of free social intercourse, might have given the world a most amusing and in¬ structive book. To the student of human nature it would have pre¬ sented some new and interesting combinations of the threads and colors which enter into the warp and woof of human life.

The Fitzhughs

Dr. Daniel H. Fitzhugh, one of the proprietors of Lower Saginaw, was born in Washington County, Md., April 20, 1794. He studied medicine, but becoming interested in real estate ventures, he never engaged in the practice of that profession. In 1816 his parents removed to Livingston County, N. Y., where the family home has since been. As early as 1834, Dr. Fitzhugh came into the Saginaw Valley for the purpose of investing in land, and his first purchases w T ere in the vicinity of Saginaw City. After the treaty of 1837 he purchased several parcels of land bordering on the river, where West Bay City now stands, and still later became one of the proprietors of Lower Saginaw, as elsewhere stated. He was never a permanent resident here, but the association of his name with this region, extending throughout its history, is con¬ tinued by his sons. Dr. Fitzhugh died in the Spring of 1881, at the advanced age of eighty-seven years.

Charles C. Fitzhugh was born in Livingston County, N. Y., in 1821. In 1841 he came to Saginaw in connection with the land interests of his father. The following year he returned home and married a Miss 'Jones, of Mount Morris. They came to Saginaw, where they remained three years, and then settled on a farm at the forks of the Tittabawassee River. He remained there until about 1855, when he came to Lower Saginaw to take care of the real estate interests of his father, and has resided here since that time. Mr. Fitzhugh is not a demonstrative man, but has always been re¬ garded as one of the reliable men of the county. He has exten¬ sive real estate interests both in the city and country. He has for many years been trustee of the old Saginaw Bay Company.

Daniel H. Fitzhugh, Jr., is also a native of Livingston County, N. Y. He first came to Lower Saginaw in 1847 and built a house on the corner of Third and Water Streets. It was the seventh dwelling house in what was at that time the corporate limits of the town, and was a very pretentious dwelling for that time. It was afterwards occupied by his brother, William D. Fitz¬ hugh, until destroyed by fire. He remained about three years and returned East, and was engaged in the brokerage business in New York for some years. In 1870 he again came to Bay City for a permanent residence, and is engaged in attending to real estate in¬ terests. Mr. Fitzhugh is quite a noted sportsman, and w T as the first to discover the habits, and caused to be properly classified, the fish known as grayling, which is now a famous fish, and quite abundant in the waters of the northern portion of this peninsula.

William D. Fitzhugh came to Lower Saginaw in 1850, and in 1851 built a dwelling house at the corner of Tenth and Washing¬ ton Streets, at that time in the midst of the forest. Before build¬ ing this house he lived in the one built by Daniel Fitzhugh, Jr., until it was destroyed by fire. He remained here until 1856, when he returned East to reside permanently. During his stay here he was very active in promoting public interests. He and his w T ife were the founders of Trinity Church, and various other enterprises were liberally encouraged by him. In 1873 he donated to the city a tract of twenty acres of ground, for a public park, and which has been improved for that purpose. Mr. Fitzhugh w T as one of the early salt manufacturers of the valley, as appears in the history of that industry.

Frank Fitzhugh settled in Wenona, now We&t Bay City, in 1863, his father having extensive real estate interests on that side of the river. Wenona at that time had but one or two houses. He continued his residence there until September, 1882, when he removed to Bay City, where he now resides. Like his brother, his business consists of managing real estate interests which he has on both sides of the river. Henry M. Fitzhugh, another brother, is a resident of Baltimore.

The Birneys

The name and fame of James G. Birney have long since passed into history, and the connection in which he appears in this work is only a trifling incident in his life, although the name of Birney has been associated with all the progressive operations of Bay County for a quarter of a century. James G. Birney was a native of Dan¬ ville, Ky. His early life was surrounded with all the comforts and advantages which wealth could command. He received a finished education, graduating at Princeton, N. J., in 1810, and afterwards pursuing the study of law. He began the practice of law at Dan¬ ville, his native place, and soon after was elected a member of the Legislature of Kentucky. His next field of labor was Huntsville, Ala., where he attained distinction as a lawyer, and was elected solicitor-general of the state. In 1828 he was one of the presi¬ dential electors selected by the Whig party of Alabama. About this time he made a profession of religion and became an influential mem¬ ber of the Presbyterian denomination. By inheritance and purchase he became the owner of slaves, and had a cotton plantation carried on under his direction. Soon after this his mind became engaged upon the subject of slavery as a question of morals, which resulted in an espousal of the doctrine of immediate emancipation. Carrying at once into practice the belief he adopted, he executed deeds of manu¬ mission for each and all of his slaves. From this time on he battled for the emancipation of a race, and to free his country from dis¬ grace and disaster. Bravely enduring the insults of his fellowmen, and the thick dangers that beset his pathway, he prosecuted his work with courage and vigor. The impression which his noble and courageous conduct made at that time was fitly described by Dr. Cox, of New York, who said: - "A Birney has shaken the con¬ tinent by putting down his foot; and his fame will be envied before his arguments are answered or their force forgotten."

In 1889 his father died, leaving a large estate, consisting of land, money and slaves. His sister and himself were the only heirs. He requested that all of the negroes might be computed at their market valuation as a part of his share. This was assented to, and he immediately emancipated all of them. In 1840 he visited England as one of the vice-presidents of the World's Convention, and in May of that year was nominated for the Presidency by the Liberty party, and at the election received 7,000 votes.

It can be readily understood that Mr. Birney's large fortune had become greatly reduced in his conflict with a great but popular wrong. About 1840-'41 he became one of the owners of Lower Saginaw, and wishing to look after his interests here, and also to find retirement for a time, he decided to remove to this place. In the Fall of 1841 he arrived at Saginaw City, where he remained during the Winter. At this point we quote from the recollections of Judge Albert Miller, as follows:

" I first saw Mr. Birney in the Summer of 1841, when he and C. C. Fitzhugh, Esq., made their first visit to Saginaw, accompan¬ ied by Dr. Daniel H. Fitzhugh, who at that time knew well and highly estimated the advantages possessed by the Saginaw Valley. Some time after they returned to their homes, I heard Mr. Fraser say he had just received a letter from Dr. Fitzhugh, in which the Doctor stated that Mr. Birney's friends were all endeavoring to dis¬ suade him from taking up his residence at Lower Saginaw, but Mr. Birney had fully made up his mind to settle here with his family, and that at a certain time they might be expected to arrive. At the time of Mr. Birney's arrival with his family at Saginaw City in the Fall of 1841, at so low an ebb were all the business interests of the valley that the Webster House, one of the largest hotels in Michigan at that time outside of Detroit, built in 1837, was no longer required to accommodate the traveling public or the people of the city, but had for some time been standing unoccupied. Mr. Birney and his family occupied the Webster House as a private dwelling during their residence at Saginaw City, which I think was , about one year. Previous to this time, Mr. Birney,Dr. Fitzhugh and Mr. Fraser had purchased the stock of the Saginaw Bay Land Com¬ pany, which company owned the John Riley reserve, and had laid out the town of Lower Saginaw, and they became the successors of that company, and the title was conveyed to Mr. Birney, and he acted as trustee till a division of the property was made between the stockholders. On the 4th July, 1842, while Mr. Birney resided at Saginaw City, a few of the inhabitants gathered at Jewett's Hotel and had a dinner, and while discussing the question of doing some¬ thing in honor of the day, it was proposed to invite Mr. Birney to give us an address. The late Norman Little and the writer were appointed a committee to wait on Mr. Birney, and extended the in¬ vitation to him. On performing that duty, Mr. Birney replied that he could say or do nothing to honor that as the anniversary of the birthday of American Independence and Freedom, for that day would not have arrived till the release from bondage of the three or four millions of American citizens who were then held to service by their oppressors. We invited him to come, and he chose his own theme for a discourse. He came and addressed us eloquently on the subject of emancipation, which he at that time considered of so much importance that he spent the best part of his life and for¬ tune to promote it, and whiclvhas since proved to be of more im¬ portance to the people of the United States than perhaps he ever anticipated, for it brought on a war which convulsed the country from ocean to ocean, and caused mourning in almost every family in the land.

"After removing to Lower Saginaw in the Spring of 1842, Mr. Birney, aside from looking after the interests of the Saginaw Bay Company, for which he was trustee, engaged in stock raising and agricultural pursuits generally. He brought here a fine herd of blooded cattle from the stock of Mr. Sullivan, of Ohio, which has been celebrated for its purity. That importation has served greatly to improve the grade of stock in Saginaw and Bay Counties. Mr. Birney was a kind neighbor and a benevolent man. Some parties in Bay City are much better off now than they would otherwise have been had it not been for the assistance rendered by Mr. Bir¬ ney in securing to them real estate in the early settlement of the plat. During the latter part of Mr. Birney's residence here, after his health failed, he mingled very little in society, and he finally left for the East, where his earthly career was terminated before his earlier anticipation with reference to the growth and importance of Lower Saginaw were realized, and before the day arrived which he would have considered the birthday of American Independence."

Mr. Birney's residence here was the building that was origin¬ ally the block house that the Saginaw Bay Company built on the corner of Fourth and Water Streets, and was fixed over for Mr. Birney's use. In 1843 Mr. Birney was again nominated for the Presidency, and at the election in 1844 received 62,300 votes, and in 1845 received 3,023 votes for Governor of the state of Michi¬ gan.

As elsewhere stated, Mr. Birney used to conduct religious ser¬ vice in the little schoolhouse, and this practice was continued until others came in to carry on the work.

In 1855 he returned East to Englewood, N. J., for the purpose of educating his son, Fitzhugh Birney. He remained there until his death, which occurred November 23, 1857, at the age of sixtyfive years. He did not live to see the triumph of the great cause to which his life was devoted, but another generation have witnessed it and given his name its proper place. One of his biographers says of him: - " No man ever more mildly spoke the words of truth and soberness than he. He reviled no man. A rule which uni¬ formly guided his own conduct, and which he habitually urged upon his own household, was to speak evil 'of no man.' Often he has been known to rebuke a disparaging remark concerning his bitterest opponent. His sin was that he was a generation in advance of his day."

Mr. Birney's successor in Lower Saginaw was his oldest son, now Judge James Birney, of Bay City. He purchased the interests of liis father at Lower Saginaw, and also made large purchases of land from the government. Mr. James Birney is a native of Dan- rille, Ky. His collegiate education was obtained at Centre College, Kentucky, and at Miami University, Ohio. At the latter insti¬ tution he graduated in 1886, and during the two succeeding years was employed in the University as professor of the Greek and Latin languages. During the next two years he attended the law lectures of Judge Storm and Prof. Hitchcock, of the Law School of Yale College, at New Haven, Conn. He subsequently removed to Cin¬ cinnati, Ohio, and entered upon the practice of law. He devoted himself to this business, and became distinguished as a successful practitioner. While in New Haven Mr. Birney married Miss Moul¬ ton, step-daughter of Nathaniel Bacon, of that city. Of this mar¬ riage there were five children, only two of whom are living. In 1856 Mr. Birney came to Lower Saginaw to look after his real estate interests, and in the Summer of 1857 removed his family here, and at once interested himself in the development of the town and county.

His first important public service in the interest of the new settlement was to procure the passage of a bill in 1857 changing the name to Bay City. He was elected a state senator in 1858, being nominated by the Bepublican Senatorial Convention more as a compliment than otherwise, the district, which extended to the Straits of Mackinaw, being Democratic. The portion of Saginaw embraced within Bay had always been regarded as the Democratic stronghold, but Mr. Birney received all the votes of the county but five given for the regular Democratic candidate, and a few scattering votes for a stump candidate. The volume of session laws of 1859 contains some fifty acts he presented for his district, every one of which was adopted. One of the measures which has had an im¬ portant bearing upon the interests and development of the Saginaw Valley and the Tenth District, which Mr. Birney secured the pass¬ age of, was the bill giving a bounty for the manufacture of salt. The bill proposed the payment of 5 cents a bushel, but Mr. Birney presented its merits in such favorable light that 10 cents was granted.

In 1860 Mr. Birney was nominated by the Republican State Convention for lieutenant-governor, and elected by over 20,000 ma¬ jority. He was received with great favor as president of the Senate. During his term as lieutenant-governor, a vacancy occurred in the office of circuit judge, and the Governor tendered the appointment to him. It was accepted, and he presided as circuit judge in a most acceptable' manner during the next four years. The circuit em¬ braced Saginaw, Midland, Gratiot, Isabella, Iosco and Bay Coun¬ ties. He was unanimously renominated by the Republican Judicial Convention, but the district having a Democratic majority, he was not re-elected, and returned to the practice of his profession. In

1871 Mr. Birney established the Bay City Chronicle , and in 1878 it was issued as a daily. It was published until after Mr. Birney's departure for the Hague, when it was merged into the Tribune . In

1872 Gov. Baldwin nominated Mr. Birney to President Grant as Cen¬ tennial Commissioner for Michigan to celebrate the hundredth an¬ niversary of the Declaration of Independence in 1876. He did not serve upon the commission, having been appointed December 17, 1875, as United States Minister to the Netherlands. He went to his charge in the Spring of 1876, and served his country with dis¬ tinguished ability and fidelity until he resigned the post a short time since.

Mr. Birney has always been one of the most devoted citizens of Bay City, and has done all in his power to promote its growth and welfare. Few public improvements have been made that he has not aided. He was prominently connected with the enterprise of securing the first railroad, and also the state and other public roads in the county. He is a gentleman of the broadest culture, and ranks high as an orator.

The eldest son, James G. Birney, distinguished himself in the army as captain of the Seventh Michigan Volunteers, and died while an officer of the regular army in 1869.

Arthur Birney conducted the Chronicle for several years, but after it was merged in the Tribune, he retired from journalism, and in 1879 accompanied his father to Europe. After an absence of eight months he returned, and went to Montana, where he died in January, 1882.

Theodore Walker was a tailor in Brooklyn, N. Y., and came to Lower Saginaw about 1860 from Long Island, where he had been living for some time. His only business here was to look after his real estate. He was a very eccentric man. He continued a resident of Bay City until his death, which occurred about 1870.

Life in the new settlement during the six years following 1842 was rather monotonous. There were a few arrivals, but a transient visitor was a severe tax upon the larder of the place. The little settlement was hemmed in by swamps and forests, and often there was but a handful of meal in the barrel, but that ^ as common prop¬ erty to all who were hungry. The settlers knew the true meaning of the word "neighbor," and no Lazarus ever fed upon crumbs on the floor while there was bounty on the table. In 1842 Frederick Backus brought a stock of goods and opened a store.

In 1848 the chief event was the organization of Hampton Township, and the first election was held at the Globe Hotel. W. R. McCormick's hat was the ballot box, and its dimensions were ample for the thirteen votes that were polled.

In 1844 the first school house was built, near where the De¬ troit and Bay City Passenger Depot now stands. After Mr. Birney came, he used to conduct religious services in this building on Sundays, and the irrepressible Harry Campbell officiated as chorister. He was an excellent singer but could not be always relied upon to make a judicious selection of tunes. It sometimes happened that after four or five stanzas of a good' old Presbyterian hymn had been reeled off, Harry, with an expression of countenance as intensely solemn as a church covenant, would start with rigorous unction, into some rol¬ licking melody, and be halted by Mr. Birney, who would reprovingly point out his mistake. Harry would be astonished at the impro¬ priety of his selection and repeat it upon the very next auspicious occasion.

In the Winter of 1846-'47 the first saw mill was built by Hop¬ kins, Pomeroy k Fraser, and during 1846 the Hampton postoffice was established in Thomas Rogers' house. J. B. and B. B. Hart came this year. P. J. Perrott had arrived in 1845.

Mr. Rogers was a justice of the peace, and a couple, whose names are not obtained, presented themselves at his blacksmith shop to have the solemn rite administered. Mr. Rogers was not familiar with the language of the ritual, but knew that a couple under such circumstances must be "pronounced" upon. So, remov¬ ing his leather apron, he commanded the radiant pair to join hands, when, with official unction, he said: - "By the power vested in me I pronounce you husband and wife." There was no marriage bell, no orange blossoms, no ushers, no giving away the bride, no recep¬ tion, but, so far as known, the knot tied by the sturdy blacksmith at his anvil held firmly until loosened by an unseen hand.

In the Spring of 1846, Hon. James Birney paid a visit to his father. He was then living in Connecticut, and came to Detroit and thence to Flint. There he took the stage, which was a wagon without springs drawn by a pair of ponies. The roads were either mud or corduroy, and each was worse than the other. Arriving at

Saginaw he waited two days for some way of getting to Lower Sag¬ inaw. Finally, he hired an Indian for seventy-five cents to bring him down in a canoe. When he arrived here he found his father fixing a fence, about where St. Joseph's Church now stands, and the mud and water was ankle deep. There were no streets, and hut little use for any. There was not a wagon and hut one saddle in the settlement. There was not much about Lower Saginaw to charm a stranger, and he little thought then that he would, in a few years, erect his domestic altar upon its site, and live to see standing here the third city in the state.

In the Winter of 1847, Mr. H. W. Sage came to Lower Saginaw to negotiate with Mr. Birney for his interest in the plat of the vil¬ lage. Mr. Sage was accompanied hy Deacon Andrews and Jarvis Langdon, of Elmira, and Joseph L. Shaw, of Ithaca, N. Y. They arrived here on Saturday, coming in a sleigh from Saginaw City. They put up at Judge Campbell's tavern, although the Judge was not keeping it at that time. They found Mr. Birney sick and unable to attend to any business, but it was too late in the day to return to Sag¬ inaw. When it came time to go to bed they found the only accommo- dations at their disposal consisted of a small bed room containing one bed. There were four in the party, and while three might manage to crawl into the bed, four would be entirely beyond its capacity. One must sleep on the floor, and to decide who should have the more spacious but rather uncomfortable berth, they cast lots, and Deacon Andrews drew the floor. He was the eldest of the party and in poor health, so Mr. Sage, being robust and accommodating, inthe drooping clouds, and even the great sanctuary of nature was as a barren waste to his vision. Stumps and buildings cropped out above the snow, presenting great similarity of expression and dimension, and the current of the river was hidden beneath a roof of ice. There was a far away look toward Saginaw in the Deacon's eyes as he turned back into the tavern. A conflict between duty and in¬ clination was raging fiercely in the Deacon's mind, and he groaned inwardly as he observed with sinful satisfaction that duty had "taken to the woods" and that the team for Saginaw was at the door. With regretful accent he told the party that, "being so poorly," per¬ haps it was unwise for him to remain here longer, and it was noticed that the Deacon was the first one of the party to reach the sleigh.

Thirty-six years later, one of the party - the one who slept on the floor - related to the writer the facts of the incident as given. The Deacon has long since gone to that country whose fields are "dressed in living green," and "where Sabbaths never end." The old tavern still remains, though changed in form, while about it have grown up the beautiful busy cities, divided by the river, grown to a great highway of commerce, whose traffic is an exhibit of the mighty industries along its course.

It was during 1847 that Daniel H. Fitzhugh, Jr., arrived and built what was then thought to be an extravagant house on the cor¬ ner of Third and Water Streets.

the prospects of the settlement began to brighten, although it cannot be said with truth, that the arrivals were sufficiently numer¬ ous to seriously disturb the quietude of those already here.

Curtis Muuger and Edwin Park arrived heavily laden with pioneer experience; Thomas Carney and wife arrived in pursuit of a pleasant and healthful abode; J. S. Barclay and wife settled here about that time.

Life in Lover Saginaw about this time was not altogether a barren waste. The female society was composed of Mesdames Catlin, Rogers, Barney, Cady, J. B. Hart, Carney, Campbell, Bar¬ clay, and perhaps two or three others. All belonged to "our set" and kept perpetual open house, and disseminated the local news with conscientious promptness and diligence. A serpentine foot¬ path dodged along among the stumps near the bank of the river, and furnished an ample thoroughfare for the equipages of that time.

The greatest activity, however, prevailed during the mosquito season. The Lower Saginaw mosquito is represented in tradition as being an animal of prodigious size and ferocity, and of a hardy variety. The average fish story of the present day is made to apduced the Deacon to take the bed, and he wrapped himself up on pear exceedingly insignificant when a robust pioneer unfolds one of the floor. Sunday morning Mr. Sage revolved the situation in his his favorite mosquito legends. Baking day, however, was the picmind and concluded he didn't care to spend another day, and par- nic season of these colonized torments. It was the custom of the

1850-'51 witnessed a number of arrivals and the introduction of new industries. Dr. George E. Smith introduced the healing art, and James Fox opened a law office. William and Alexander Mc- Ewan came and built a mill; also Henry Raymond and James Wat¬ son. Charles E. Jennison came and went into the mercantile busi¬ ness with James Fraser in a building where the Fraser House now stands. J. S. Barclay built the Wolverton House, still standing in an enlarged form, on the corner of Third and Water Streets near the bridge, and owned by Mr. Barclay.

Among the others'who came about this time were Henry Hero, E. Stanton, Thomas Whitney, Clark Moulthrop, George Carpenter, the Drake brothers, and J. W. Putnam. Capt. Cole was also in¬ terested in river navigation.

1852 was marked by the visitation of cholera, which prevailed co a distressing extent, especially among the mill laborers. Upwards of seventy deaths occurred, among whom were Thomas Rogers and Mr. Monroe. Men would suddenly disappear from their posts of labor and the next known of them would be that they were dead. This dread visitor found easy victims among the foreign population that had come in here to work in the mills and were living under circumstances calculated to invite disease.

In 1853 the Methodist Church was built "way out" in a swamp, on the present line of Washington Street. Its location was thought to be the means of more boat riding on the Sabbath day than was in harmony with scriptural teachings.

Some time in 1855 or 1856, B. F. Partridge purchased land of James Fraser on what is now the corner of Center and Van Buren Streets. He cleared off the timber and built a house. It was about half a mile from Water Street, and was reached by a crooked path through the woods. People could not understand why he wanted to start a hermitage in the depth of the forest when there was plenty of room and mosquitoes in town.

About 1854 a schooner was built by J. A. Weed and George Carpenter. It was called the 'Java," and was fitted out for the fishing trade. Mr. Charles B. Cottrell located here this year.

The foregoing is only a brief synopsis of some of the move¬ ments during the period named. The history in detail of the various interests is given in the various departments of the work.

In 1855 or 1856 a well known character named Dodge built a small hotel near the present corner of Saginaw and Third Streets. This locality at that time was a swamp. The hotel was called the "Farmers' Home," though it is not remembered that it ever had a farmer for a guest. The young folks used to have occasional dances here, and when there was a shortage of girls, a shawl would be wrapped about an Indian who would be pressed into service as a belle of the ball.

In 1857 kerosene oil and lamps were first introduced by the Cottrell's, who had a store at the corner of Water and Second Streets, and from that time the glory of tallow candles gradually departed.

Still other settlers and interests came in during those years as appear in the several departments. The next important event was the change of name from Lower Saginaw to Bay City.

Change Of Name

As the resources of the Saginaw Valley began to be developed in earnest, and the fame of this region widened, it was felt that the village near the mouth of the river should have a title by which it could be more easily and readily distinguished. Accordingly, in the Winter of 1857, Hon. James Birney drafted a bill and presented it to the Legislature. The bill was passed, and the act approved February 10, which provided, "That the name of the village of Lower Saginaw, in the Township of Hampton, State of Michigan, be, and the same is, hereby changed to Bay City."

Some Of The Early Comers

In the classification of subjects, some of the early settlers and their experiences are mentioned elsewhere in this work. The fol¬ lowing biographical reminiscenses are of others who were connected with the early history of Lower Saginaw:

Israel Catlin was one of the early comers to this region. He was born in Schuyler County, N. Y., in 1814. His chosen trade was that of carpenter, which he followed for several years, during which time he went to sea as ship's carpenter, and was absent about two years. In 1844 he came to Lower Saginaw, and was en¬ gaged by Fraser & Barney in building and superintending the run¬ ning of a mill at Kawkawlin. His first meal in the region was ob¬ tained at the house of Harvey Williams, at the mouth of the Kaw¬ kawlin River. He remained at Kawkawlin about two years, and then came to Lower Saginaw, and in company with the late James Fraser built a steam saw mill, which he operated a few years, when he sold out. He afterwards formed a copartnership with Mr. Arnold, of West Bay City, and they carried on an extensive business in the manufacture of sash, doors and blinds. His health failed, and for several years he has been unable to do any business. Mr. Catlin has filled an honored place in the community where he has lived so many years. He was postmaster of Hampton from 1850 to 1853, and was one of the first aldermen under the village charter. He has held various positions of trust, and was one.of the founders, and has always been one of the leading members, of Trinity Church. Mr. Catlin still resides in Bay City, a much respected citizen.