"To all agencies listed in the Michigan DEQ Permit
Application for a Bridge
This is a document is in respond to the Bridge being constructed
to Harsens Island. I am saying NO to the construction of a bridge
to Harsens Island.
In reviewing the statements made by the Michigan DEQ in
regards to the permit application contradict the facts in regards
to this matter of the residents wanting a bridge. I have lived
full time on this Island for 30 years and My husbands family
has been on this Island since the 1889’s.
During the 1990’s a group of residents with the assistance
of the Corporation Board of the Harsens Island and St. Clair
Flats Association took action against an increase in the ferry
rates. In part these residents blamed this increase in the rates
on the Employees who voted to become part of the Seafarers Union.
This committee is the transportation committee of the INC of
the Association. In the 1997’s the ferry increased their
rates again. Champions Auto Ferry is a business as with all
business’s the price of your services is based on the cost
of running your business.
1. In 1997 Clay Township also put together a Corporate Board
under public Act 196 of 1986.
2. Public Act 196 authorizes this board to levy property
taxes for public transportation, as well as assessments.
2. 124.457 sec 7 clearly states “A political subdivision
or a portion of a city village or township bounded by lines
described in section 4 may become a member of a public authority
upon resolution adopted by a majority vote of the members elected
to and serving on the legislative body.
3. There are no records that the Corporation Board of the
Association voted or adopted a resolution in regards to this
Harsens Island Transportation Authority INC.
4. In their articles of Inc. it clearly state states “may
be authorized pursuant to PA 196.
5. Article IV: sec 2 The Harsens Island Transportation Authority
Board shall comprise of five(5) member appointed by the governing
body of the incorporating subdivision (Clay Township) appointed
by the supervisor ( Mr. Manos who is a full time resident of
Harsens Island)and approved by the township Board, two members
shall be chosen by the Harsens Island /St. Clair Flats Improvement
Association (which is an error and should be the Harsens Island
and St. Clair Flats Association INC. ) and approved by the Township
Board, one member shall be a member at large and a resident
of Harsens Island appointed by the Supervisor with the concurring
approval of the Township Board and the Harsens Island Improvement
Association. June 7, 1997
It appears from the records that a public notice of this
said meeting took place. At the first public meeting of this
board Mr. Manos , TWP super. , Pat Sharrow :Trustee, John Fannon
HI, Mr Knight HI; were the board. It was stated at this meeting
that the bridge was a done deal irregardless of the fact that
the owners of this Island did not want a bridge. I filed a complaint
under the conflict of interest statue and Mr. Manos and Pat
Sharrow reclused themselves. Mr. Fannon and Mr. Knight however
did not. These two gentlemen appear to also be serving on the
Transportation committee of the Corporation Association.
Wm Groesbeck a prominent business man, in 1783 a deed was
recorded to William Groesbeck of Albany New York, who married
into the Chipeway Indian tribe. He arrived in Detroit around
1778 and owned several lots of Detroit. He was well established
in the fur trapping business and as a Merchant. William Grosebeck
(Grosebeek) of Detroit in the providence of Quebec was also
married into the Macomb Family of Detroit. One of his daughter
married Jacob Harsens of Albany New York. In the records of
Wayne County a deed was recorded to Wm Groebeck conveying over
4000 acres or arpents more or less to William Groesbeck. “Rounded
on the one side by a tract granted to John Visgar and on the
other side to Isidore Chene and in the front by Lake St. Clair.
Dated September 20, 1780 page 46.
Jacob Harsen of Albany New York, married to the daughter
of William Grosebeck and family friend to James May. Jacob Harsen
was a black smith by trade. Under the circumstance and based
on various documents Blacksmiths were of a high demand and often
made part of treaties in supplying their services on behalf
of the Governments. Jacob Harsen’s sons had strong ties
as translators for the Indian bureaus and in providing services
with the American Army. Wm Harsens was an engineer in the United
States Army, Francis was an Indian interpreter, Barnubus also
acted as an interpretor. Records state that Jacob Harsen purchased
Windmill Pointe( Gross Pointe) and is documented as being in
the Detroit area in a census of 1779. In June 2, 1781 Wm Grosebeck
recorded a deed to Jacob Harsen for the sum of Three Hundred
Thirty Three pounds six shillings, and eight pence New York
Currency to a tract of land situated and lying on the North
side of the River St. Clair Bounded on the West South West by
James Caretys farm and in the East North East by Louis Trombleys’
farm in the front Lake St. Clair and the rear by the lands owned
by Wm Grosebeck . The deed states that Wm Groesbeck by the grant
of land conveyed to him.
May 1, 1783 a deed was recorded by the Chipaways to Barnubus,
James, and William Harsen. Jacob Harsens had three sons. Tracts
of land thirty acres or arpents in front and one hundred Fifty
acres in depth where the “OLD VILLAGE STOOD on the South,
South east side of the Straight leaving Lake St. Clair to Lake
Huron. It is stated that this was intended to be done.
March 17th of 1797 another Indenture between James May
Patrick McNitt and Jacob Harsens for a sum of $50.00 and other
divers and deliveries a tract or parcel of land lying on the
North West side of Lake St. Clair in the County of Wayne from
the entrance of Swan Creek or river and running by a line of
marked trees the distance of twenty five miles North West course
thence West by a line of marked trees until six miles West of
all the Forks of the North Branch of River Huron that empties
itself into Lake St. Clair thence South easterly by a line of
marked trees keeping in all places a Distance of six miles from
said North branch of said River Huron until it intervenes a
line run due west from Said North branch which line is the Northerly
boundary of a tract of land granted to John Askin and others
thence East of Said line to the North Branch aforesaid thence
Easterly by a line of Marked trees to the South West corner
of a Tract of land granted to J. Porter Benach thence North
Easterly by a line of marked trees in the rear of Said tract
and the rear of a small tracts granted to Henry tucker thence
Easterly to Lake St. Clair thence North and Easterly along the
edge of the lake to the place commencement be the distance number
of miles or quantity of acres it may contain more or less and
the revert and reversions remainder ,,,,,,,,,,and further paying
a yearly rent of one shilling……..such farm that may
be improved thereon always reserving to ourselves heirs the
priviledge of Hunting and Fishing fowling and planting corn
and building huts and…….on such part of said tract
as may not be within the inclosures of the Inhabitant that may
be placed thereon. NOTE* received on the 17th day of March 1798
James May, Patrick McNitt and Jacob Harsen and the said Chiefs
for and in consideration of the some of SIX THOUSAND DOLLARS
PAID TO US PAID AT AND BEFORE THE SEALING AND DELIVERY KOF THESE
PRESENTS HAVE BARGAINED, SOLD RELEASED AND CONFIRMED ALL THAT
CERTAIN TRACT OR PARCELL OF LAND SITUATE LYLING AND BEING ON
THE north West Side of the Lake St. Claire in the County of
Wayne …….
Personally appeared before Nathan Williams Esquire one of
the Judges of the Court of Common Pleas for the County of Wayne,
chiefs who freely and voluntarily and truly interpreted to the
subscribing chiefs………
Jacob Harsen paid $1665.00 plus and additional $6050.00
for Harsens Island. Between 1781 and 1783.
In the records of LORD DORCHESTER Jacob Harsen applied
for a grant 1783. However his claim like so many others was
not refused, but placed on hold for the reason that numerous
claimed citizens of the United State were claiming lands of
Great Britain. This area was also known as the Hesse District.
Because the books from 1784 until 1786 were lost there is only
the belief that his claim had been approved. Records were found
in the John Askins papers,(appointed a Captain of Militia in
1787 by Lord Dorchester) that Jacob Harsen had paid taxes on
this Island. In the survey by David William Smith of this territory
Jacob Harsen was on this Island and the Island was named Jacob
I. In the records of Testimony to the Land Bureau of the United
States Lot 5 was to Jacob Harsens was lived on by Akoin Tremble
as a tenent to Jacob, lot 3 to William was occupied by Captain
Nelson et al; also as tenants under William Harsen and their
Father Jacob Harsen.
From 1766 until 1796 this territory was held by the British.
In 1796 in compliance with Treaty of 1783 and the treaty of
1794 (Jay Treaty ) the Detroit Area along the Shore Line was
turned over Officially to the United States. In 1796, Sargeant
Acting Governor, of the North West Territory, formed the new
County of Wayne. Its boundaries extended from the Cayuga River,
on the west, to the dividing line now existing between, Indiana
and Illinois, on the north to the national boundary line, including
all the territory of Michigan and a portion of Ohio and Indiana.
The Courts of Common Pleas for Wayne County were organized,
and the “Judges chosen to preside over them were upright,
honest, business men, of high intelligence.” In 1997 Barnubus,
William and James Harsens filed their claims to the United State
Land Bureau and were refused. In 1805 again applied to the Land
Bureau and again were refused.
In May of 1802 Jacob Harsen died on July 2 of 1802 Barnubus,
James, and William Harsen then being the only son of Jacob Harsen
who were of full lawful age Jacob Harsen who made no division
of land except to one Grandaughter Mary Gravnrat entered into
an agreement as to the division of land probated by James May
. In April of 1789 Jacob Harsen deeded land to Mary Gravrat
daughter of Sara and Garret Gravreat,(correct spelling). Garret
Gravanaute, a silver smith, also rented property from Wm Grosebeck
in Detroit dated 1779. He married Jacobs daughter Sarah and
moved to Harsens Island. Garret and Sarah had one daughter and
three sons, Issac, Jacob and Henry. Sarah also stayed with her
Father Jacob Harsen after the death of her husband Garret. It
was stated that Mary, Sarah’ daughter was sent to live
with James May in Detroit having been hurt in an accident. August
6, 1821 the remaining heirs agreed on behalf of themselves to
divide the land as follows. The subdivision of land was divided
into five lots with two roads and each having his or her own
respective part under their own sole and exclusive control and
appear by a survey thereof respectively :
The legal Discritption of the property in question is as
follows The Eastern Tract lying and being near the upper end
of the Island commonly called Harsens’s Island and situate
on the Lake or River St. Clair and County and Territory before
named containing 640 acres and numbered on the plat of said
survey no. 2 and assigned and appertained to Francis Harsens
before named …….to Henry Gravrat 120 acres by Francis
Harsens. Liber A of Deeds page 328 Dated August 6, 1821.
Land Patent Liber 81 of Deeds Page 276 dated November 2,
1832, rec. January 21 of 1884 Grants Tract of land containing
646.07 acres designated as lot 2 on Harsens Island at the mouth
of the River St. Clair ……….According to the official
plat of the survey of the lands, return to General Land Office
by the Surveyor General which said tract has been purchase by
the said second party. Beginning at a post in the mound on the
South border of the North ship channel and on the Southeast
side of a road …………………
, the Indian treaties did not extend into the waterways
or include any islands, areas . In the United States records,
the territory of Michigan did not extend into the waterways
but followed the shoreline. Like Great Britain, the United States
made treaties for the Official surrender of all Islands in the
Great Lakes by NAME. The United States denied Jacob Harsens
claim on two or more occasions until 1828.
The Jay Treaty- The Jay Treaty or commerce treaty was to
divide all the Great Lakes down the middle however this created
some difficulties where certain Islands were located. These
decisions were made by negotiations between the United States
and G.B.. In using the Meridian system and based on ownership
of these Islands the boundaries lines on the eastern border
between the U.S. and G.B. was determined. Harsens Island would
have been divided in half by the meridian method, and six Islands
set at the mouth of the Great lakes dividing these Islands in
half, Harsens Island officially joined the United States in
the treaty of 1822 between U.S and G.B. However there is no
record of Harsens Island in any Indian treaty ceded to G.B.
and there is no claim of the American Indians to Harsens Island.
As noted in the case of Fighting “the Island” comprised
of about 12 hundred acres of land which during part of the year
is mostly under water” and is only valuable as a fishing
ground. 50% of Harsens Island was marshland and its only valuable
was as a fishing ground, trapping, and hunting. It was also
documented that the First Nations reserved their rights to the
lower portion until the ground be become used.
In 1850 United States Congress passed what is know to be
the Swampland Act. (Act Cong. Sept 28, 1850, C 84, 9 Stat 519)The
Swampland Act spells out the procedures and jurisdiction of
swamplands.
1. It was the duty of the U.S. department of Land bureau
to survey all swamp lands owned by the United States and issue
patents.
2. All state Governors of the U.S. that incorporated the
swampland Act could petition the bureau for these patents.
3. The Land patents would then be issued to the State.
4. These lands could be drained and made habitable.
5. Harsens Island was not included in the list of lands
selected from the Surveyor General in 1952.
In 1899 Michigan State incorporated the swampland Act the
State Lands Office was charged with the responsibility of these
lands, however the United Land Bureau has yet to provide any
records of surveying Harsens Island or of authorizing the State
to survey this Island.
There are no records to support the Indian First Nation
of Upper Canada surrendered this Island in any treaty. There
is no record of the Canadian Indians transferring Harsens Island
to the American Indians.
There are no records of the United States paying for Harsens
Island or of title to Harsens Island being transferred to the
United States in 1822.
There are records that the St. Clair Flats Improvement INC.
Green Drive Committee entered into a contract with the Michigan
Department of Transportation for Green Drive also known as 154.
There are some records involving the Yak’s family also
entering in to some agreements which were renewed by the McClain’s
involving 154.
M 154 is an isolated State road which starts a Champions
Auto Ferry and ends in the St. Clair Flats.
There are no records however that any other Plats (PA 91
of 1835) made any agreements of the Privately owned patents
or that Michigan, Clay, Algonac paid any money in regards to
the statue used to take these platted communities.
There are no records to support that PUBLIC FUND are used
on Harsens Island.
A legal issue in this matter now is as stated PUBLIC FUNDS
will not be used to provide a source of transportation to a
Private Community. Which is also a private non profit Corporation.
The status quo used in the facts of this bridge now become
an issue of fraud. The road of the bridge does not meet the
standards of a mandatory width of 66 Ft. which means the private
community will or may very well end up paying for this bridge.
Furthermore the facts made in the issue of the bridge are now
fraud. A clear misrepresentation of facts as presented. As stated
this bridge will not receive public funds. As with my argument
with Mr. Marandee of the St. Clair County Road dept. Clay Township
and the DEQ involving issuing permits to private property of
joint tenants in the numerous platted communities of the PATENTS
on Harsens Island. Algonac, Harsens Island, Clay where is the
bridge being place? Algonac and Harsens Island, so what does
Clay have to do with this bridge? Is this not as issue with
the City of Algonac or is Clay located in the City of Algonac.
Clearly is you as agencies of the Government do not know what
community the bridge is affecting and now Clay has withdrawn
from their involvement with this bridge as well as the Corporate
Board of the Association. Personally I think the residents of
this communittee have the right to vote on this matter. In closing
once again The isolated State Road 154 will involve a taking
of private property to extent is back to the propose bridge
. The census does show a total of 1285 which included child
under driving age and the tax records show 1795 tax payers which
indicates a two people per property 3590 pop. But does not indicate
how many are multiply tax payers owning more than one piece
of property. This bridge will only service about 920 full time
residents. Assuming that in one day the ferry transport about
5000 cars is only an estimated guess than the ferry is operating
at full capacity of 12 cars per trip all the time which it does
not. This proposal is not taking into consideration an additional
traffic blockage at peek times. Now this matter has become a
private issue not a public issue. Yet you as agencies of the
Government will not listen or pay attention to the impact this
bridge at long term will result in. As a PRIVATE COMMUNITY NO
BRIDGE.
AND IT HASN’T COST THE STATE OF MICHIGAN OR THE UNITED
STATES ONE RED CENT!!!!"