USA > Illinois > Jo Daviess County > The History of Jo Daviess County, Illinois, containing a history of the county, its cities, towns, etc., a biographical directory of its citizens, war record of its volunteers in the late rebellion history of the Northwest, history of Illinois Constitution of the United States > Part 25
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January 31, 1826, the name of Gibson appears in the list of smelters; diggers number 163; 29,185 pounds of lead manufactured, but the amount of mineral at the diggings was estimated at 425,000 pounds.
In April, 1826, the number of diggers was 287; amount of mineral at the diggings, 900,000 pounds; lead manufactured, 78,528 pounds. May shows a rapid increase of the number of diggers, 350. Mineral at the dig- gings accumulates, but only 6,927 pounds of lead are reported as mauu- factured by licensed smelters. June, the first return of Gratiot appears; 406 diggers; 173,479 pounds of lead. July, 1826, Comstock's name appears among the licensed smelters; 441 diggers; 140,781 pounds of lead, and 1,400,000 pounds of mineral at the diggings. October, 1826, diggers, 548; smelters, 7; 269,405 pounds of lead; 1,500,000 pounds of mineral at the diggings. This is the last report to be found.
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HISTORY OF JO DAVIESS COUNTY.
Although this region was then heavily timbered, it seems that lessees and smelters were favored by the government, and farmers and villagers had to go to the islands for their wood, as is shown by the following:
NOTICE.
Those persons who have received permission to occupy land in the vicinity of Fever River, are hereby informed that all timber for fuel, fencing, or building, must be obtained from the islands in the Mississippi, and from no other place in this vicinity, as the timber elsewhere is reserved for the purposes of smelters and lessees.
FEVER RIVER, June 5, 1826. (Signed) M. THOMAS, Supt. of Lead Mines.
The following document will be interesting now, when people can own their land. Then, and for a long time afterwards, the only title to land was by permit. All the people were tenants at will, of the United States, lia- ble to be ejected from their homes at any time, at the caprice of one man. It is proper to add that, in 1826 the people at the mines petitioned Congress for more permanent titles, but no attention was paid to their request:
It having been requested from the U. S. Agent for Lead Mines to grant us permission to build, and enclose in a small quantity of ground for our convenience, it has been granted upon the following conditions ·viz. :
That we will not claim any right, title or interest in the said lands (other than as tenants at the will of said agent, or such other agent as may be appointed for the superin- tendence of the mines), and we hereby bind and obligate ourselves to quit said premises upon one month's notice to that effect, being given by said agent -it being understood that these persons who have licenses or leases are not included in this arrangement, but are to occupy agreeably to their contracts. No transfer of said ground or improvement will be made without the consent of the agent, and will be subject to the aforesaid regulation.
FEVER RIVER, June 6, 1826.
A large number of names are attached to this Register, among whom are many of the leading settlers. The first name is R. W. Chandler. James Harris and Jonathan Browder, first Commissioners of Jo Daviess County, are among the first signatures. James Foley, Sam S. Lawrence, Geo. W. Britton, T. H. January, Thomas. Ray, Win. H. Johnson, N. Bates, Thomas Hymer, J. P. B. Gratiot, Sam. C. Muir, A. P. Vanmeter, Amos Farrar, J. W. Shull, F. Dent, B. Gibson, James Jones, Elijah Ferguson, Isaac Swan, David M. Robinson, E. F. Townsend, H. H. Gear, and R. H. Champion are among the signers of this unique document.
A report from Charles Smith, dated July 25,1826,says: " I have surveyed the upper street in the town, and staked off the lots. 50 feet, 41 in number. There is a great itching for privileges, and a superabundant measure of independence. Complaints about right to ground, and this, that and the other right are accumulating every day, both from diggers and settlers, and God knows what and when will be the end of all things. The dead and the living both conspire to cause me a great deal of trouble. I am no prophet, but I will be mad enough to predict that not many months will elapse without the necessity of the intervention of military force (the only force that can be recognized in this county), to protect the interest of the mines, and to encourage their development. Every day adds proof of their im- inense importance, and justifies the employment of every possible means for their protection and support. The competition among smelters may, I dare say will, have a tendency eventually to injure the mines, by producing a reaction upon themselves, and exciting a rebellious spirit among the miners."
Mr. Smith's allusion to the dead and the living is explained by the fact that in earlier days the people buried their dead in various places
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HISTORY OF JO DAVIESS COUNTY.
along the bench where Bench Street is now. These remains had to be removed, of course, when the town was laid out, and caused the good- natured Smith a deal of trouble. His gloomy predictions, happily, were not fulfilled.
Thomas Mcknight * arrived at Fever River as sub-agent November 15, 1826. His first report is dated November 28, 1826, in which he says : "I arrived here on the 15th inst., but did not receive the government papers until the 20th, in consequence of having a little house to repair for an office. Mr. Dent, the bearer, leaves here to-morrow morning. I am told that there is a great quantity of mineral lying, and will lie, all Winter unsmelted. There is a great scarcity of corn for feeding teams. A great many of the teamsters are sending their teams down to the settlements to winter."
The " little house " referred to by Mr. McKnight is still standing on the west side of Main Street, Galena, about one hundred and fifty feet north of the corner of Spring Street, on lot three. The stone "government house," built for a warehouse in whichi to store lead, in 1829, by Harvey Mann and others, is still standing a little further north, on lot six.
Here occurs a list of persons in whose favor the superintendent has notified his acceptance of bonds for leases. The list was evidently made and entered of record in November or December, 1826, and entries of dates of surveys made subsequently :
John P. B. Gratiot, survey made; John Cottle, survey made; Ira Cottle, survey made; George Collier, survey made; Jes-e W. Shull, survey made; M. C. Comstock, survey made Jan 22, 1827; Jolin Barrel, survey made Jan. 22, 1827; William Henry, survey made Jan. 22, 1827; P. Hogan, survey not made; - Bouthillier, survey not made; - Tholozan, sur- vey not made; Charles St. Vrain, survey made April 5, 1827; David G. Bates (Cave), survey not made; John P. B. Gratiot, (section timber land), survey made.
The first mention of the "Town of Galena " occurs December 27, 1826, in a permit to Patrick Gray and Thomas Drum, to occupy lot No. 25 in the Town of Galena, fifty feet fronting on Hill or Second Street, running back to the bluff, but this permit is dated " Fever River."
January 23, 1827, a permit was granted to Gray and Drum to enclose fifty feet on First (or Front) Street, north of Davis, for the purpose of build- ing a bake shop thereon.
There may have been, probably were, other permits to persons desiring to occupy "town lots " prior to the above, but these are the first that appear of record. The future City of Galena was laid off, and evidently named, in 1826, as these records show, but permits of the superintendent were the only titles the people could have to their lots, improvements and homes, and these they must vacate and abandon on thirty days' notice. The United States still retained ownership.
May 12 to 15, 1827, various permits were signed by "Wash Wheel- wright, Lt. Artillery," probably acting in Mr. McKnight's absence.
Historians have given, as one of the causes of the " Winnebago War," which occurred in 1827, the fact that the Indians were dissatisfied because the miners were encroaching on their territory and digging mineral on the north side of the "Ridge," which they considered the boundary of the " five. leagues square." In this connection, the following letter and orders will be of interest :
* Mr. McKnight succeeded Charles Smith as resident sub-agent, and remained until Lieut. Thomas was succeeded by Capt. Legate, in 1829. Chas. Smith died at Galena, March · 3, 1829.
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HISTORY OF JO DAVIESS COUNTY.
UNITED STATES LEAD MINING OFFICE, FEVER RIVER, June 30, 1827.
To Mr. Elijah Ferguson, now mining on the Pecalotea,
SIR: It is doubtful whether you are within the limits of the country which the United States, by treaty with the Pottawattomies, etc., have a right to explore for mining purposes. Under this circumstance, you will not remove further towards Rock River. Should you prefer to remain where you now are, you are at present at liberty to do so, with the express understanding, however, that, should that part of the country be eventually decided to belong to the Winnebagoes, you remove when duly notified of the fact from this office.
I am, sir, your obedient servant, (Signed) M. THOMAS, Lieut. U. S. A., Superintendent U. S. Lead Mines.
CIRCULAR TO SMELTERS.
U. S. LEAD MINING OFFICE, GALENA, October 1, 1827.
Sirs :. You are hereby directed to desist from working over the Ridge, and to employ no foree whatever, either in hauling or smelting any mineral that may have been, or in the future may be, raised there. Also to make no purchases of said mineral from any digger. CHARLES SMITH.
By order of LIEUT. THOMAS, Superintendent of Lead Mines.
On the same date miners were notified that they had no right to go beyond said ridge for the purpose of mining, and were ordered to suspend all further operations until further orders from the superintendent.
On the Stli of October, 1827, an order was issued directing all discov- eries of lead to be reported to the lead mining office, Galena.
On the 15th of November, 1827, the following persons having struck leads prior to the 3d of July, 1827, beyond the ridge, were licensed to dig or work them ont without interruption, " but no others were to be allowed to mine beyond the Ridge under any circumstances whatever:" Cabanae, for Ewing & Co .; Stevens, for Kirker & Ray; Riche, for Winkle ; Elijah Ferguson ; Hawthorn & Deviese ; Carroll, for Dickson ; Stevenson, trans- ferred to Blanchard ; Gillespie & Hymer; Stevens & Co .; George Ames' survey ; Moore & Watson, sold to Blanchard ; Foster & Hogan.
July 2, 1827, Lieut. Thomas granted a permit to M. C. White to burn one lime of kiln (kiln of lime) above the mouth of Small Pox. On the same day, Mr. Comstock had permission to cut fifty large trees for building logs, near the large mound south of Mr. Gratiot's survey. Arbitrations were ordered between MeKnight and Ewen Boyce & Co., on Mackey's survey, and between Jacob Hymer and WillBaker, to take place on the 7th.
NOTICE.
There will not, for the present, be any town laid off at the Old Turkey Village, com- monly ealled Grant River Town. All persons are hereby forewarned from building cabins or houses there, except such licensed smelters who may locate in that vieinity, and such smelters will first obtain a special permission.
M. THOMAS, Lieut. U. S. Army, Supt. U. S. Lead Mines.
FEVER RIVER, July 13, 1827.
Aug.14, 1827, a permit was granted to Messrs. D. G. Bates, and Jeffer- son and Hempstead to make a wharf, or landing, in front of their houses and lots, provided such landing is at all times free to public use: no building to be placed upon it.
On the 8th of August, 1827, Michael Dee was convicted by arbitra- tors of having stolen certain articles, the property of Thomas Williams, and all smelters and miners on Fever River forbidden to harbor said Dee, or give him any employment.
This is the first conviction for theft of which record remains.
S.a. Packard
CHICAGO.
(FORMERLY OF GALENA)
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HISTORY OF JO DAVIESS COUNTY.
McKnight left no records except a few recorded permits, and except the two volumes from which the above extracts have been made there are no records of the transactions of the Lead Mines Agency accessible, unless they are preserved in the War Department at Washington, and a letter to that department, asking for information, has failed to elicit a reply.
The only entries to be found of date later than 1827 are a code of regu- lations for miners, dated April, 1833, and signed Tho. C. Legate, Captain Second Infantry, Superintendent U. S. Mines, and another and shorter code, dated October, 1840, signed by H. King, Special Agent U. S. Lead Mines, in which miners were required to pay not to exceed six per cent of the ore, or its equivalent in metal, to the United States.
Under Lieut. Thomas' administration, Charles Smith and Thomas McKnight were resident sub-agents, at Galena. About 1828, the agency was removed to a log building there recently erected under permit, by Bar- ney Dignan, on the southwest corner of ; Main and Washington Streets. In 1829 the office was in the first building above Mr. Barnes' boarding- house on the upper (Bench) street, and in later time, and until discontinued, the office of the superintendent was in Newhall's building, southwest corner of Hill and Main Streets.
In 1829, Lieut. Thomas was succeeded by Capt. Tho. C. Legate, Second Infantry, under whom Capt. John H. Weber was assistant superintend- ent. Major Wm. Campbell, Col. A. G. S. Wight and R. H. Bell were also connected with the office. In November, 1836, Capt. Weber's signature as superintendent appears of record, and it is probable that he was appointed about that time.
As previously shown, under the old system, which generally prevailed until 1836, diggers were permitted to sell their mineral only to licensed smelters, and the government collected the rents (ten per cent until 1830, and six per cent, subsequently, delivered at the United States Warehouse, in Galena) of the smelters. The prices paid to miners were made with that fact in view. In 1827, as clearly indicated by the letter fromn Lieut. Thomas to E. Ferguson, and subsequent orders, the diggers and some of the smelters were operating on lands not owned or controlled by the United States, in some instances having the permission of the Indians and paying them for the privilege, and in more cases, probably, trespassing on their domain. It had begun to dawn upon the people that five leagues square comprised only a very small portion of the lands rich in mineral wealtlı, and it was not possible for the government agents to prevent digging for min- eral outside the limits of the reservation, over which only could the United States exercise control. The superintendent of the United States Mines had no authority to grant permits on Indian territory. He could forbid such trespass, but it would require a military force to prevent mining beyond the limits of the reservation, provided the diggers obtained the con- sent of the native owners. It was plain that the government could rightfully collect rent only of those who obtained their mineral within the recognized limits of the "five leagues square." The agent could not justly demand any of the lead obtained beyond the limits of the reservation, and this led to difficulty. It was unjust to pay rent to the Indians and pay it again to the United States, nor could the agent collect rent even if it had been surreptitiously obtained. Some of the smelters, and especially those operat- ing on Indian lands, either with or without the permission of the natives, or buying mineral from diggers operating beyond the jurisdiction of the
16
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HISTORY OF JO DAVIESS COUNTY.
agent, began to refuse to pay rent, alleging that as they obtained lead from Indian lands and were not protected by the government, they were under no obligation to pay. The agent was placed in an embarrassing position. They were obtaining mineral on U. S. lands, but they were also obtaining it on lands over which the United States exercised no control, he had no means of determining the amount actually due the government, and therefore could not enforce payment of any. This refusal became more general until the unauthorized sale of the mineral lands in Wisconsin, in 1834. and subsequently by the Register of the Land Office at Mineral Point, (called " Shake-rag " in early mining days), who in violation of his express instructions, permitted a large number of the diggings actually worked to be entered. Many miners were thus outrageously defrauded and their rights were disregarded. From that time they declined taking leases, and the lead office gradually fell into practical disuse. Captain Weber remained as agent until about 1840, but his agency was purely nominal. The regula- tions were not enforced. Smelters paid no rent, and there was a season of freedom from governmental supervision. In 1840, however, an attempt was made to revive the office. H. King, special agent, was sent to the mines, probably to investigate Weber's loose manner of doing business, or rather his neglect of business. "With Mr. King," says Mr. Houghton, " or very nearly the same time, came John Flanagan."* Mr. King remained but a short time. Weber was removed or superseded, and Flanagan left in charge, with instructions to enforce the regulations established by Mr. King. About the same time, Walter Cunningham, who, says Mr. Hough- ton, had been appointed to investigate the Superior copper mines, returned from a tour through that region and established himself here with Flanagan. From this time, the regulations required the miners to pay the rent " not to exceed 6 per cent of the ore, or its equivalent in metal," but in practice, it is said, the rent that was collected was generally paid through the smelters, as formerly. Flanagan, his associate, Cunningham, and a clerk named Conroddy, by their associations and habits rendered themselves exceedingly odious to the people. Flanagan commenced a large number of suits against individuals for arrears of rent, compromised them for what he could get in cash, but, it is said, made no returns to the government of his collections, defrauding the people and the government at the same time. He was accustomed to say to the people that the "government must be
* Since this was in type, a letter has been received from Captain W. B. Grecn, who was familiar with the events of that period, which contains the following: "The Lead Mine Agency was suspended for several years prior to 1841. After the inauguration of President Harrison, in 1841, the agency was revived and Flanagan appointed superintendent-revived, probably, to give Flanagan the appointment. Previous to the suspension of the agency, the royalty to the government was paid by the miners through the smelters. After the revival of the agency under Flanagan, the attempt was made to collect the royalty directly from the miners. The attempt was only a partial success, as the miners generally refused or evaded the payment. During the suspension of the agency, through affidavits gotten up (as affida- vits can be to prove any thing when taken ex-parte), a bill was lobbied through Congress, giving one of the early smelters a large sum of money for royalty paid by him on mineral purported to have been taken from Indian lands outside the original purchase. This estab- lished a precedent of which most of the other smelters availed themselves, and in a similar manner had large sums voted them-in the aggregate, it may be, amounting to more than all the royalty received by the government from the mines. The truth is, there was but a very inconsiderable amount taken from the Indian lands prior to the purchase of the lands south of the Wisconsin River, in the Winter of 1827-'8. What little there was should, of right, have been paid to the Indians; or, ignoring their right, it should have been paid to the miners who actually paid it, as the smelters took the royalty into account when they purchased the mineral, and deducted it from the value thereof."
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HISTORY OF JO DAVIESS COUNTY.
paid first," and his arrogant declaration to smelters and others that "I am the government," sufficiently indicates his character and the disposition he made of his collections. If he was " the government," there was no necessity of making returns to any body, and none were known to be made by him. Complaints of his high-handed proceedings reached Washington, and in 1843, Mr. Wann states, Captain - Bell, stationed at St. Louis, was ordered by the, Secretary of War to Galena, to investigate Flanagan's admin- istration. He came, but remained but a few days, dismissed Flanagan and placed Maj. Thomas Mellville, of Galena, in charge of the office temporarily, until report could be made to the War Department, and a Superintendent should be appointed .* The next year, 1844, according to the best informa- tion to be obtained, John G. Floyd, of Virginia, was appointed to the office. Mr. Floyd made an effort to enforce the collection of rent and in some measure succeeded, but was removed in 1845, at the instance of Hon. Joseph P. Hoge, then member of Congress for this (then Sixth) district, and James A. Mitchell was appointed as his successor, who remained until the office was finally discontinued about 1847, when the lands were thrown into the market. Practically, however, the office was little more than nominal after the resignation of Capt. Legate, in 1836. Under the pre-emption laws a large amount of mineral lands had been entered. Settlers were required to make oath that no mineral was being dug on the lands they desired to enter, and this requirement was easily evaded.
The people generally considered the Agency as an imposition, and it was impossible to secure the implicit obedience to the rule of the Superin- tendent that obtained in the days of Thomas and Legate. The experiment of reviving the office was not a success. The Government found upon trial that, instead of being a source of revenue, the management of the lead inines produced constant drafts upon the Treasury, and at last, after the settlers had petitioned in vain for years, early in the session of 1846-'7, Congress authorized the sale of the lands. A receiver was appointed, and by the 5th day of April, 1847, says Seymour, "land to the amount of $127,700 had been sold at minimum prices,t and the days of governmental supervision or ownership of the lead mines ended."
The amount of lead shipped from various ports on the Mississippi, prin- cipally from Galena, for nine years prior to the discovery of gold in 1849, and the estimated value thereof, is as follows:
1841-31,696.980 lbs., valued at $3 per cwt. Small bars and shot valucd at. 31,433 50
$950,909 40
Total
$982,342 90
1842-31.407,530 1bs., at $2.75@$3 per cwt. $746,296 46
1843-39,461,171 lbs., at $2.3712 per cwt. 937,202 00
1844-43,722,070 1bs., at $2.8312 per cwt. 1,235,148 47
1845-54,492,200 1bs., at $3.00 per cwt. 1,634,766 00
1846-51,268,200 1bs., at $2.90 per cwt
1,486,778 09
1847-54,085,920 1bs., at $3.00 per cwt.
1,622,577 60
1848-47,737,830 1bs., at $3.50 per cwt. 1,670,824 95
. 1849-44,025,380 lbs., at $3.6212 per cwt 1,595,920 02
In 1849 the gold discoveries in California disturbed " the even balance of ordinary business operations" in the lead mining district. The tide of
* Later information renders it certain that Flanagan was not appointed until 1841, arriving at Galena July 9 of that year. Capt. W. H. Bell's report was printed in the Spring of 1844.
+ $1.25 per acre for farming and $2.50 per acre for mineral lands,
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HISTORY OF JO DAVIESS COUNTY.
immigration that had been directed to this region was diverted to the Pacific Coast, and a large number of miners and business men, dazzled by the glitter of California gold, left to seek their fortunes on the slopes of the Sierra Nevada. Large amounts of real estate covered by valuable improve- ments were forced into market and sold at nominal prices, to obtain the means wherewith to remove to California. Enormous rates were paid for money and a large amount of capital was withdrawn from the usual channels of trade; improvements, commenced or contemplated, were sus- pended or delayed, and the heavy emigration from the lead to the gold, mining region was seriously felt. A large number of men usually engaged in prospecting, and by whom new and important discoveries had been con- stantly made, were no longer here, and operations were principally confined for a time, to old "leads."" But in compensation for this the price of min- eral advanced to $28 per thousand (it had at some periods been as low as $8 or $9, and was seldom higher than $22) and this advance caused opera- tions to be renewed in diggings that had been abandoned as too unpro- ductive to be remunerative. Writing in 1850, in discussing the effect of the " gold fever," Mr. Seymour says: " Although lead is one of the baser inetals, and does not strike the imagination like pure gold dug froin the bowels of the earth, yet it immediately becomes gold in the pockets of the miner, for nothing but gold is given in exchange for it by the smelter, and it is always in great demand at the market price. If enterprising men were willing to undergo here half the privations and sufferings which they endure by a journey to California and hard labor in the gold mining, their happi- ness and prosperity would probably be as well promoted by their pecuniary success, saying nothing of the extreme perils thereby avoided, and the painful disruption of domestic ties, so common to this class of emigrants."
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