Year 1828. CLAIMS IN MICHIGAN. Page 226
NOTICE. The widow and legal heirs of Charles Gauthier, deceased, enter their claim with the register of the land office at Detroit to a tract of land situated on the south side of Bois Blanc island, bounded in front by Lake Huron, containing six hundred and forty acres, according to the testimony herewith submitted; said tract being part of the lower end or east half of said island, formerly occupied by said Charles.
TERRITORY OF MICHIGAN, County of Michilimackinac, ss:
Be it remembered that on the 18th day of August, in the year one thousand eight hundred and twenty-one, personally came before me, the undersigned justice of the peace for said county, Patrick McGulpin,
Year 1828. CLAIMS IN MICHIGAN. Page 227
who, after being duly sworn, deposteth and saith that he has resided in this country since the year 1776, and well acquainted with Charles Gauthier in his lifetime; that as early as the year 1780 the said Charles had a farm under cultivation and improvement at Point aux Peris, on Bois Blanc island, where the deponent believes he continued to reside until about the year 1807; that the said Charles erected a house on said point, in which he lived, the remains of which may be now seen on the place where it stood. The deponent recollects that said Charles always claimed the whole of Bois Blanc island below Point aux Peris, and a short distance above; and that the farm before mentioned was a part of said tract; that the title of said Charles by Governor St. Clair by a deed or patent; that while this country was in the possession of the English the said Charles always obtained payment for timber cut on said land without his permission and his title to it was acknowledged by the British officers and others at this post.
JOHN DOUSMAN, J.P.C.M.
Territiory of Michigan, County of Michilimackinac, ss:
Be it remembered that on the 30th day of July, one thousand eight hundred and twenty-one, personally came before me, the undersigned justice of the peace, Louis Chevallier, who, after being duly sworn, deposeth and saith that he has long resided in this country, and was well acquainted with Charles Gauthier in his lifetime; that in the year 1796 he saw a deed of confirmation from Governor Sinclair to the said Charles Gauthier of a tract of land which said Charles had purchased from the Indians, situated on Bois Blanc island. It conveyed to said Charles all that part of the island lying east of a line commencing opposite to a small stoney island above Point aux Peris, in a sandy bay, and running thence directly across said Bois Blanc island to a marked tree on the shore which was then standing, but has since fallen; that Doctor David Mitchell had cut a quantity of pine timber on said tract near Point aux Peris, which said Charles demanded as belonging to him, it having been taken from his land; that the dispute between them was referred to Major Burbeck, of the American army, then commanding at this post, and then the deed above alluded to was produced by said Charles in support of his claim and title, and it was then this deponent saw it. He recollects the Major’s decision was that the timber should be delivered to said Charles, and that the said deed conveyed to the said Charles a clear title to the tract before mentioned, and this deponent well remembers how the said timber was afterwards used said Charles; and further, that the said Charles was in possession of the said land long before the English took possession of and commenced fortifying the island of Michilimackinac, and that he then had a house at Point aux Peris, on said tract, where he and his family resided, and had six or seven acres under improvement and cultivation; that the said Charles, by himself or his family, continued to reside there until the year 1807, as this deponent believes, although of this he is not positively certain. And further he saith not.
Sworn to and subscribed before me this 30th day of July, 1821.
SAMUEL ABBOT, J.P.C.M.
Personally appeared before me, J. W. Johnson, one of the justices of the peace for the county of Crawford, Territory of Michigan, Michael Brisbois, esq., who, after being duly sworn n the Holy Evangelists, deposeth and saith that in the year of our Lord one thousand seven hundred and eighty-one he was at Mackinac, and was present when Gov. Sinclair, who then commanded the British forces, ratified, by a deed, part of the island of Bois Blanc to Charles Gauthier, King’s interpreter, for past services which tract had been ceded to the said Charles Gauthier by the Indians; that he knows that the said Charles Gauthier always had possession of the said tract, and the right was respected by the American officers when the American government took possession of Mackinac; and further, that the said tract of land has been cultivated and improved by the said Charles Gauthier until the year of our Lord one thousand eight hundred and seven, or thereabouts.
Sworn before me this 10th day of November, 1821, at Prairie des Chien, county of Crawford, Territory of Michigan.
JNO. W. JOHNSON.
Territory of Michigan, County of Crawfore, ss:
Be it remembered that on this 5th day of November, on thousand eight hundred and twenty-one, Madam Magdaline Gauthier, widow and relict of Charles Gauthier, deceased, who, after being duly sworn, desposeth and saith that she is sixty-two years of age; and that in the year 1779 she came to this country; that in 1780 she went to reside with the said Charles, her husband, and one of the King’s interpreters for the Indian nations in this quarter, at Point aux Peris, on Bois Blanc island; that the said Charles erected a dwelling-house on said point, and cultivated about forty acres of land; that she was in the possession of said farm, with the said Charles, at the time the Americans came to Mackinac, and the country was surrendered to them by the English; that the said Charles held and owned said farm, and the whole of the island of Bois Blanc, from Stony island, in the bay immediately above the point, down to the end or the whole of the island southeast of a line drawn directly across from said bay, by virtue of a sale to him from the Indians, which sale was ratified and confirmed by Governor Sinclair; and this deponent believes the said deed was lost during the late war between the United States and Great Britain; that the said Charles continued in possession of said tract for a long time after the surrender, and this deponent believes until the year 1807, but of the year she is not certain. She distinctly remembers the right of said Charles to said tract was acknowledged and admitted by the British and American officers at the post of Mackinac, from disputes which arose about timber which people from the island of Mackinac occasionally cut on the said tract without the permission of the said Charles; and further this deponent saith not.
Sworn to and subscribed before me, the undersigned justice of the peace, the day and year first above written.
JNO. W. JOHNSON.
Year 1828. CLAIMS IN MICHIGAN. Page 228
Magdaline Gauthier, widow and relict of Charles Gauthier, deceased, makes application that the above-mentioned tract of land, situated on the island of Bois Blanc, may be confirmed to her and to her assigns forever by the government of the United States.
Michael Brisbois, after being duly sworn, deposeth and saith that Charles Gauthier and Madam Magdaline Gauthier lived together as husband and wife from the year 1779 (the year when the deponent first became acquainted with them) until the death of said Charles; and this deponent believes that they were lawfully united in matrimony.
Sworn to and subscribed before me this 5th day
of November, 1821.
The widow and heirs of Charles Gauthier.
OCTOBER 28, 1823.
This claim appears to be well supported by the testimony of occupation from 1796 to 1807. No proof of notice of claim having been given within the time limited by law accompanying the present application, the commissioners do not consider themselves authorized to confirm it. They recommend to the revising power the confirmation of a tract not to exceed six hundred and forty acres.
Transcribed by Patricia Hamp © March 2006
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