ating from the university at a time when Dr. Valentine Mott was at his prime. He commenced the practice of medicine in Galaway, but in 1818 removed with his father to Peru, Ohio, in which place, with the exception of three years spent in Norwalk, he passed the remainder of his life. He married Miss Harriet Thompson, who lived but eleven years, dying in 1829 and leaving him with three children, one of whom is Dr. J. C. Saunders, now of Cleveland. After Drs. Kittridge and Baker retired from active practice, Dr. Saunders was strongly urged by the citizens of Norwalk to move to that place. He did so, but remained there only three years, preferring, as soon as his son could take his place, to return to his old home in Peru. Dr. Sannders' second marriage was in 1831, to Mrs. Pearly C. Douglas of Elyria, who survived the doctor some ten years.

Dr. Saunders was for many years one of the censors of the old Western Reserve Medical College of Cleveland and served one term as representative in the state legislature. He was a man distinguished by many admirable qualities. A lover of nature, his garden produced the earliest and choicest fruit and flowers. Fond of music, he led for many years the choir in the Presbyterian church, of which church, during the latter part of his life, he was a member. He also played the violoncello. The new country in which he practiced made it necessary for him to endure many hardships, but he did so cheerfully, caring for rich and poor alike. As an instance of this, when lost in the

woods one dark, rainy night, he unsaddled his horse and, leaning against a tree and making a roof of his saddle, waited for the dawn.

Dr. Saunders was a man of high character and sterling attainments, being universally esteemed. After a sickness. of six weeks he died May 18, 1856. A professional associate of Dr. Saunders, in writing of him, says:

Dr. Moses Saunders was undoubtedly the equal, if not superior, of any other physician in Norwalk or vicinity in the estimation of all his professional brethren. As a physician he was eminently honest; as a counselor, very suggestive, and his suggestions usually valuable. Drs. Saunders, Baker and Kittridge were the leading men in the profession in

their day.

A prominent figure in Poland, Mahoning county, for almost two generations, has been Dr. Eli Mygatt. Having had a large practice, and being a man of marked personality, he has been widely known. A rare story-teller himself, he has also been the subject of many more. Only a few months before his death we visited him and, with several friends who were well informed in pioneer events, enjoyed a long conversation with him, finding his mind active and his memory remarkable for recalling facts, dates and names.

Dr. Mygatt was born in Canfield in 1807. In order to pursue his studies he went to Hudson, where he received instruction from a Rev. Mr. Hanford, who had previously been in Canfield. This was before the establishment of the college at Hudson. In 1824 he received an appointment as cadet at West Point. Here he was a classmate of Jefferson Davis. The doctor was fond of telling

anecdotes of Davis, whom he said was "a waspish little fellow," and the quick temper of both was the cause of frequent ruptures between them, and the doctor used to say he had often thrashed Davis.

The doctor remained at West Point but one year, leaving there with the hope of receiving an appointment at Annapolis. Failing in this, he made two trips to England before the mast, in 1825 and 1826, and this, he says, was enough to cure him of all desire to follow a seafaring life.

Dr. Mygatt began the study of medicine with Dr. Fowler of Canfield. In the winter of 1826-7, as well as the following winter, he attended medical lectures at the medical school of Fairfield, New York state, where there were about two hundred and fifty medical students, beside other departments of instruction, raising the number of students in the small town to about five hundred. Here he was under the instruction of Professor De Lamater, who was then professor of theory and practice. Dr. Mygatt began practice in Poland in 1829, Dr. Kirtland sending for him at the time when the latter was to attend the session of the legislature at Columbus. Dr. Mygatt received word to come on Saturday. He reached Poland and visited one patient with Dr. Kirtland on Sunday, and on Monday Dr. Kirtland took his departure. The two were associated together until 1835. Dr. Mygatt continued in practice in Poland until a

few years before his death. He received an honorary degree of M. D. from Western Reserve Medical college in 1850.

Among the many stories which Dr. Mygatt used to tell was one illustrative of early practice when emetics were in vogue. Being called to a woman who said she could not take an emetic, he quite agreed with her that it was unwise for her to do so. At the same time he gave it, and when it began to act, said he must give her something more to stop it. Thus continuing his medicine to stop the nausea, he succeeded in administering a dose which was quite satisfactory to himself, if not to his patient.

In speaking of charges, Dr. Mygatt said he used to get from three shillings to fifty cents a visit in the village, and furnish medicines. Dr. Manning used to charge two dollars to come from Youngstown to Poland in consultation.

In the old brick store in Poland no story-teller received a more attentive hearing than the doctor. Quick at repartee and of sharp insight, all were afraid of provoking a sally of his wit at their expense, while his fine intellectual powers and wide information made him a man of large influence. Practicing over a period of more than fifty years, he acquired an experience such as is possible to few, and he will long be remembered as one of the most prominent figures that ever lived in Poland.

DUDLEY P. ALLEN.

IN the very earliest settlement of what is now the state of Michigan, St. Joseph and Michilimackinac were the first military stations, the latter being the principal post. Detroit was the first post designed by the French to become a permanent town. Trade, mechanics, farming, and some few other industries soon started up. Of course some sort of courts had to be established, and the colonial authorities appointed judges or commissaries. The intendant of the post seems to have been at the head of the ordinary judicial system, and his delegates were probably the principal local judges wherever they were sent. French law prevailed. There is no record yet come to light showing the early existence of any court at Detroit. The first sign of any civil magistrate residing is that of Robert Navarre, royal notary and sub-delegate of the intendant who came about 1730. The scanty records indicate that there were some other gentlemen who exercised judicial functions. Pierre St. Cosme is spoken of in the Pontiac diary as former judge, succeeded by Mr. LeGrand. Both were gentlemen of high social standing.

After the English rule was permanently established by the treaty of 1763, justices of the peace were early appointed as examining magistrates. Such courts as existed were provisional and

given a very limited jurisdiction, and there was great complaint on account of the lack of judicial facilities. The local commander was invested with supreme local power. The merchants formed arbitration boards for the settlement of difficulties among themselves, and criminals were sent to the seat of government in Canada for trial. Judges seem to have been appointed for this region, but none ever came. Capital punishment was inflicted in three cases under sentences of Philip de Jean, a justice of the peace. He was subsequently indicted by the Canadian authorities for the murder of these men, but he was captured in the Kaskaskia and Vincennes expedition under Governor Hamilton and held in close custody by the Virginia authorities, and seems never to have returned to Detroit.

The celebrated Quebec act of 1774 provided that the civil law of Paris and the criminal law of England should prevail in this region. In 1788, at the close of the American revolution, this region was formally included in the district of Hesse, and Detroit was made the seat of justice. William Dummer Powell was the first judge who presided over this court, and afterward was chief justice of Upper Canada. From this time on the courts sat regularly. Besides the first court there were courts

of common pleas and quarter sessions. The common pleas judges were all reputable laymen, and the court was. held in high esteem. Louis Beaufait was the first chief judge, and James May, Patrick McNiff, Charles Girardin, and Nathaniel Williams were associates. All were old citizens familiar with French and English, and allied by marriage or blood with the French inhabitants. Things continued in this shape until Jay's treaty went into operation, in 1796, when the British courts were removed to the other side of the river.

Then for the first time the country came under the control of American institutions. Michigan formed a part of the Northwest Territory set apart under the famous ordinance of 1787. Under it the governor and three judges, appointed by the President and confirmed by the senate, were made a legislative board and were given judicial powers. Winthrop Sargent, acting governor, set apart Wayne county, which comprised northern Ohio, Indiana and Illinois, and all of Michigan and eastern Wisconsin which contained settlements. The judicial system of the Northwest Territory became operative, and included the supreme court, common pleas, probate, and orphans' courts and quarter sessions. Annual sessions of the supreme court were held at Detroit by one of the territorial judges. The common pleas court and quarter sessions continued substantially as before, and with the same judges and justices, who also performed probate duties. Under all the territorial systems all the local officers

were appointed by the governor until the latter days of the territory.

Solomon Sibley and Elijah Brush were the earliest members of the bar who came to Detroit. Both came from Ohio. Mr. Sibley filled various important positions, being twice chosen delegate to congress, and was also judge of the supreme court during the latter years of the territory. He was one of the wisest and ablest men that ever lived in Michigan. Colonel Brush was territorial attorney-general. In the early part of 1805 the territory of Michigan was formed, and for the first time we find a course of civil administration that left its mark on the subsequent career of the state. The features of the French system became gradually extinguished, and the whole judicial system became fashioned in accordance with the common law in England.

The supreme court was the only one created directly by the territorial organic law. Justices tried small civil cases, and district courts had general jurisdiction and also looked after probate proceedings. Four districts were created, and a court held in each, at first presided over by a judge of the territory and afterwards by lay judges, a chief and two associates. In 1810 the district courts were abolished and their jurisdiction divided between the supreme court and justices of the peace. Detroit was incorporated before the creation of Michigan territory. It was made a city in 1806. The reign of the governor and judges was distinguished by persistent and disgraceful quarrels among themselves. Judge Witherell was the

only one who retained public respect. This state of things continued under Governor Hull's administration, but was somewhat improved under that of General Cass.

The court displayed learning and ability in its action and decided some important cases, among others one relative to the status of slaves held before Jay's treaty within the territory. Under General Cass the political system was steadily modified towards an American mode of procedure. County courts, with original jurisdiction, were established, having one chief and two associate justices, who were usually (although not required to be) laymen, and and who were invariably business men. These courts were generally esteemed. In 1817 a court of quarter sessions was created, composed of the county judges and justices of the peace, and required to look after county business, such as assessing and raising taxes, and organizing townships, the latter to be sanctioned by the governor before becoming operative. In 1818 the people by a popular vote decided against having a territorial legislature. County commissioners appointed by the governor afterwards superseded the quarter sessions.

In 1823 a radical change took place. Congress decreed that there should be a territorial legislature in the form of a territorial council. Eighteen persons were to be elected, from which the President was to choose nine, who were to be confirmed by the senate. This body was clothed with general legislative powers. In 1827 the people were

allowed to elect their own council without the intervention of the President. In 1823 the building of a court house was begun in Detroit, under an appropriation of lands made by congress. This was built by Thomas Palmer, father of our present senator, who took the lands for his pay. The building was used by the territory as a court house and council chamber, and by the state without any apparent authority as a capitol, to the exclusion of the courts. After the capital was removed to Lansing it was used for school purposes, the first union school in the state being held there. The present Detroit high school is located on its site.

The judges of the territorial supreme court as finally established by congress, running from 1824 to the time of the admission of the state, consisted of James Witherell, Solomon Sibley, John Hunt, Henry Chipman, William Woodbridge, George Morell of New York, and Ross Wilkins of Pennsylvania. When the state was admitted into the Union Judges Sibley, Morell, and Wilkins composed the court.

In 1828 circuit courts were created with appellate jurisdiction over the county courts, with concurrent original jurisdiction up to one thousand dollars and exclusive beyond it. Both had criminal jurisdiction. A judge of the supreme court held the circuit court of each county. In 1833 a new system of circuit courts was created, having a circuit judge, who was required to be a lawyer, and two associates, who might be laymen. Any two might act except on trials of felony, when the circuit