USA > Michigan > A history of the northern peninsula of Michigan and its people, its mining, lumber and agricultural industries, Volume I > Part 27
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Prior to this date, an incident occurred worthy of record in connec- tion with the history of our early settlements, in which Chappeau was a prominent actor. It was in 1816 when the federal government was transporting troops to Green Bay to garrison Fort Howard, that the officer in charge, being unfamiliar with the waters of the bay, called upon Chappeau and compelled him to pilot the boats through the un- charted waters, to their destination. Soon other traders came to Menom- inee; John G. Kittson and Jos. Duncan coming in 1826; Baptiste Pre- meau, Charles MeCleod and Jos. Decoto in 1832, and Dr. J. C. Hall in 1839.
The first settler of Delta county seems to have been Louis A. Rob- erts, a trader who located at Flat Rock in 1830, coming from Green Bay and bringing with him his wife, the first white woman to settle in that part of the peninsula, and one whose early life was somewhat eventful as a pioneer.
Mrs. Roberts came to Green Bay with her father when only nine years old, and at the age of fourteen she was an eye witness to the In- dian atrocities at Mackinac, in 1812. She later married Lieutenant Mor- gan, who was of Captain Pearse's Company of Regulars at Mackinac at that time, and still later, after the death of Lieutenant Morgan, she married Mr. Roberts, and resided with him at Green Bay until their removal to Flat Rock as above mentioned. At Flat Rock Mr. and Mrs. Roberts took prominent part as settlement developed and local govern- ment was organized.
About the time of Mr. Robert's coming to Flat Rock, or soon there- after, there came also two men, whose names are unrecorded, who built
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a small sawmill, the first in that section. As there was then no method of acquiring title to lands in this vicinity. the logs ent must have been taken from the general domain of the Indians, or of the United States, and as there was probably but slight demand for lumber, the business does not seem to have flourished to any great extent. Abont 1842 the mill passed to the hands of John and Joseph Smith who abandoned it in 1844 and removed to the present site of the N. Ludington Company's mill at Eseanaba.
Other, than as mentioned, settlement of the peninsula awaited the making of the land surveys and the placing of lands npon the market, and the surveying, in turn, awaited the acquisition of title by the gov- ernment from the Indians.
INDIAN TREATIES
Treaty making with the Indians regarding this territory began very soon after the United States came into possession as against the British, following the war of 1812.
In 1817 a treaty was made establishing peace between the United States government and the Menominee nation, the same being necessary because of the Indians having been allies of the British during the war. By this treaty the Menominees acknowledged themselves under the pro- tection of the United States.
Prior to the actual possession of the Americans, and in 1781, the English, through the Canadian governor. St. Clair, had negotiated a treaty for the purchase of Mackinac island, and at the same time for cer- tain territory at Green Bay and Prairie du Chien, and the rights of the English under this treaty came to the United States with the gain- ing of independenec.
In 1820, by a treaty with the Chippewas, negotiated on behalf of the government by Lewis Cass, cession was made to the United States of six- teen square miles of land on St. Mary's river, though the Indians re- served encampment and fishing rights.
In 1821. for an insignificant consideration, the Menominees eeded to the New York Not-ta-ways a half interest in their entire holdings, in- cluding a large territory in the southern part of the Upper Peninsula. This grant proved very unsatisfactory to a large portion of the Menom- ince nation, and thus the way was easily opened for further negotiations.
In 1826 there was the treaty of Fond du Lac, of which extended mention has been made, and of which, in this connection, it is only necessary to recall that by it mineral and mining rights were ceded to the government in the entire Chippewa territory.
In 1827, following the treaty of Fond du Lac, the same commis- sioners. Lewis Cass and Thomas L. MeKena, on the part of the United States, at Butte des Morts, on the Fox river, then in the territory of Michigan, met in council the Chippewa, Menominee and Winnebago tribes of Indians, and effected a treaty for the purpose of establishing the boundary lines between the lands of those several tribes, and the
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president of the United States was authorized to establish equitable boundaries between the lands of said tribes and those of the New York Indians. By said treaty the Menominees also acknowledged title in the United States, through former Indian grants to the French and British, of a considerable tract of land at Green Bay.
No satisfactory adjustment of the difficulties between the Menom- inees and the New York Indians was effected through the provisions of this treaty, and in 1830 new commissioners were appointed for the task. This commission also failed to accomplish its purpose, and in 1831 the "Stambaugh Treaty" was concluded, whereby there was set off to the New York Indians a large traet of land west of Green Bay, and there was ceded to the United States a large tract of land along the shores of Green bay in the then Michigan territory, and part of which is within the present Upper Peninsula. This treaty was not formally ratified until 1832.
By a treaty concluded at Chicago September 26, 1833, the Chip- pewas ceded to the United States a large tract of land along the shore of Lake Michigan, including certain lands that had also been claimed by the Menominees and had been by them ceded to the United States. This treaty was negotiated on the part of the United States by Com- missioners George B. Porter. Thomas J. V. Owen and William Weath- erford.
Continuing the good work, by the treaty of Washington, made in 1836, Henry R. Schoolcraft secured from the Chippewas and Ottawas a eession of all their lands in Michigan not theretofore ceded, but from this cession there was reserved to the Indians certain small tracts of the main land near Mackinac and along the lake shores, the Beaver Islands, Sehneau Islands and Sugar Island, and encampment and fish- ing rights at the Sault.
In 1838, because of the claims of the New York Indians in and to the lands of the Menominees, another treaty was made, wherein for a considerable money consideration, they (commonly called the Oneidas) ceded to the United States the lands theretofore ceded by the Menom- inees.
In 1842 a treaty was concluded with the Chippewas, which was ratified March 23, 1843. whereby all title not theretofore ceded and lying within the Upper Peninsula, including also Isle Royal, was ceded to the government.
This secured to the government of the United States title to prac- tically all the lands in the Upper Peninsula and opened the way for their survey and sale.
In 1848, by treaty with the Menominees, supplemented later by the treaty of 1854, any and all remaining claims of that tribe to lands within the Upper Peninsula were extinguished.
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CHAPTER X THE DAWNING OF STABILITY
THE BURT-HOUGHTON SURVEYS-GOVERNMENT DEVELOPMENT-THE MICHIGAN-OHIO BOUNDARY DISPUTE-STATEHOOD-DELAY IN BUILD- ING ST. MARY'S SHIP CANAL-SURVEYS AND LEASES OF MINERAL LANDS THE COPPER COUNTRY IN 1846-EARLY MINING IN THE UP- PER PENINSULA-DISCOVERY OF IRON ORE-WANING AND WAXING INDUSTRIES.
The government having, in 1843, secured from the Indians title to practically all the lands in the Upper Peninsula, and the mineral and timber resources of the country having already begun to attract attention, the matter of completing the land surveys of this Peninsula became pressing and was promptly undertaken.
THE BURT-HOUGHTON SURVEYS
The work had already been anticipated, for, in 1840, the United States government, through the surveyor general's office, had con- tracted with W. R. Burt to survey certain portions of the Upper Pen- insula. Up to that time no linear surveys had been made here, and the instructions given to Mr. Burt were, in part, as follows: "It will be necessary for you to carry up one of the range lines in the Southern Peninsula, from the third correction line to the Straits of Mackinac and from thence across the Strait by trigometrical process, in the most accurate manner. On getting a line across the Strait you will pursue such order in the survey as in your judgment will best secure a correct execution of the work in the manner now practiced in the survey of the Township lines." The survey of this Peninsula thus began at Mackinac and the district embraced in those instructions to Mr. Burt included the eastern portion of the Upper Peninsula, and extended as far west as range ten, including the islands as well as the mainland.
The work undertaken was arduous and the compensation allowed therefor was grossly inadequate. The country was much of it swampy and covered with a heavy growth of timber and underbrush, making it difficult to penetrate, and extremely hard to survey. Mr. Burt was
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assisted by his sons, who were also competent surveyors. During the winter following Mr. Burt took np the matter with the commissioner of the General Land Office at Washington, with the result that better compensation was allowed than had theretofore been paid for such work. The survey was resumed the following spring. 1841, and continued to the westward.
In the summer of 1842, the Chippewa Indians having ceded to the United States government all the lands east of Fond du Lac, Lake Su- perior, including the islands of that lake, the work of land surveys was permitted to continue, and almost immediately applications were made for mineral permits within the newly acquired territory. Early in 1844, Mr. Burt, in company with the state geologist, Dr. Douglass Houghton, contracted for the survey of a large territory then thought to cover the mineral region of this peninsula. Their plan was to con- duet a combined linear and geological survey, and to record the location of mineral discoveries and geological formations upon the charts and with the minutes of the land surveys, and this plan was followed in such of the work as was accomplished before the death of Dr. Hough- ton, which occurred in the fall of 1845.
Following the death of Dr. Houghton, October 13th, of that year, Mr. Burt made report of the progress of the work and of the mineral discoveries, and this report had the effect of greatly increasing public attraction to that part of the universe then destined, in its near future, to be recognized as one of the richest mineral bearing sections on the face of the globe. In 1846 Mr. Burt extended the surveys to the Wis- consin boundary, and ineluded or completed a survey of the boundary line between the Upper Peninsula of Michigan and Wisconsin.
As early as 1842 survey had been made of the course of the Me- nominee river, and the same had been charted with great detail. Upon that chart is an illustration of some five or six buildings located on the Wisconsin side of the river, and labeled "Menominee city." There is also a showing of "Chappeau's Trading Post" on the Michigan side of the river, at the foot of the rapids that have ever since borne his name; the location adopted by him when he was dislodged from his first trading post near the mouth of the river by Mr. William Farns- worth, some twenty years previous. Upon the chart there was also located "Kittson's Trading Honse" in the Wansaukee bend of the Me- nominee river, about thirty miles above its outlet, and a little farther up stream, and abont where the Pike river empties into the Menominee, on the Wisconsin side, the map was labeled "Potato Lands" and "Chip- pewa Indians," thus indicating that the then accepted boundary be- tween the Chippewas and the Menominees was at or near the mouth of the Pike river.
In Mr. Burt's report of his survey he described the location of fourteen beds of ore, and made the prophecy in the form of an esti- mate, that they constituted abont one-seventh of all the ore bodies in the Peninsula. He also reported quite fully upon botanical conditions,
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and in that connection procured and preserved many new and inter- esting specimens. Mr. Burt's several reports were published by the general government, and were included with the geological report of Dr. Jackson and of Foster & Whitney. in 1849.
The original survey by Mr. Burt consisted in establishing township and range lines and this was followed by another survey, begun in 1844, whereby the townships were divided into sections, and the sec- tions were subdivided into quarters, and this. survey was completed about the year 1849.
When considerable progress had been made by the surveyors in the subdivision of the townships, in the year 1847, a United States land office was established at Sault Ste. Marie, and the first government lands of the Peninsula were put upon sale.
This land office was continued at the Sault until the year 1857, when it was moved to Marquette. During its history at the Sault there were many hot contests for precedence in the location of particular tracts found to be valuable for either mineral or timber, and from the time of its establishment land purchases became active, and actual settlement of the Peninsula gained rapidly.
GOVERNMENT DEVELOPMENT, ETC.
During the time occupied by the United States government in con- cluding its peace treaties, and its treaties of purchase of lands, with the several Indian nations interested, and the time occupied in making land surveys, a general development of government, both state and municipal, was going on within the state, and although largely within the Lower Peninsula, some portions thereof had important bearing upon the U'pper Peninsula and its relation to the state of Michigan.
In 1831 the Territorial council authorized the governor to negotiate with the state of Ohio for the adjustment of the boundary line between the two states, but nothing of importance resulted from that move.
On June 29. 1832, a statute was enacted providing for an election to be held October 1st of that year to decide "whether it be expedient for the people of this territory to form a state government." By the provisions of the act all free white male inhabitants were allowed to vote, and at the election the measure was carried decisively.
During this same year the Black Hawk war occurred, and, while the warfare did not extend to the Upper Peninsula, it was greatly feared that it would have the effect to excite the Indians here, and great caution was used and strong efforts put forth for the suppression of the war which was principally carried on in Illinois and Wisconsin. Because it had threatened the peace of the Peninsula, then of but short duration, and because of the prominent part taken by Michigan terri- tory to suppress the war, a brief mention of the war seems proper in this connection. Early that spring the great chief of the Sacs came back from beyond the Mississippi into what was then Michigan territory and Illinois, and began his raids upon the frontier settlements. In the
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forces that joined to oppose him were United States Regulars from St. Louis under General Atkinson; militia from Illinois, under General Whitefish, and a company of Michigan territorial volunteers under Col- onel Henry Dodge, whose valued services are considered as having pre- vented mischief from the Northern Lake Indians. Many battles were fought during the summer of that year, but on August 2nd the forces under Colonel Dodge and Zachary Taylor nearly annihilated the In- dian forces and captured the chief. Of the officers who played promi- nent parts in this war history Zachary Taylor subsequently became president of the United States, while Lieut. Jefferson Davis, then of the United States army, who at the time of the capture of Black Hawk escorted him to Jefferson Barracks, was none other than the then fu- ture president of the Southern Confederacy.
An epidemic of Asiatic cholera became prevalent in the Lower Peninsula in 1834 and raged to such an extent that seven per cent of the people of Detroit were carried off by its ravages within a single month. One most lamentable result of this epidemie was the death of Territorial Governor Porter, which occurred July 5th of that year. It was especially hazardous during the period when experienced and cool heads were needed in the formation of a state government. Upon the death of the governor, Secretary Mason became acting governor, and at a meeting of the territorial council, held in September of that year, steps were taken to provide a commission for the settlement of the southern territorial boundary with the states of Ohio, Indiana and Il- linois, but this effort resulted in no accomplishment.
In December, 1834, the legislative council of the territory of Michi- gan sent a communication to congress upon the subject of establishing a territorial government for the state of Wisconsin, from which it ap- peared that rapid gains had been made in population, to the extent of over sixty thousand people in four years, of which number sufficient were within the proposed territory of Wisconsin to entitle her to terri- torial government. Congress deferred action upon this communication, however, and that territory was not finally established until the time when Michigan became a state.
On the 26th of January, 1835, congress passed an act in contempla- tion of the admission of Michigan as a state and fixed the date of elec- tion as April 4th, and the convention as the second Monday in May of that year.
THE MICHIGAN-OHIO BOUNDARY DISPUTE
Up to this time Michigan had been in peaceable possession of the strip of land then about to be claimed by Ohio, and regarding which the Toledo war found place in history, and there was no semblance of right to dispute the claim of Michigan to that property. Notwith- standing the fact that the survey in 1818 fixed the boundary line as Michigan claimed it and to accord with the ordinance of 1787, and Michigan had occupied the land by laying out roads, the governor of
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Ohio sent to the legislature of that state a message asserting jurisdic- tion over the territory south of the mouth of Maumee Bay and asking legislation to authorize the taking of possession and control thereof. When the legislative council of Michigan, through acting Governor Ma- son, received notice of the message to the Ohio legislature, it promptly, and on the 12th of February, 1835, passed an aet, "to prevent the ex- ercise of foreign jurisdiction within the limits of the territory of Miehi- gan."
On the 23d of February the Ohio legislature asserted jurisdiction over the territory then in question, and directing the exercise thereof. Governor Lucas promptly notified the Ohio county officers in the coun. ties adjacent thereto to assert and exercise jurisdiction over the dis- puted territory; and he directed the major general of his district to enroll the inhabitants in the Ohio militia. He also appointed commis- sioners to meet him at Perrysburg April 1st. to run the line. The authorities of Michigan brought the matter to the attention of the president. Ohio had theretofore sought to secure this land through an aet of congress, but congress adjourned without any action in regard thereto.
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Governor Mason gave orders to General Joseph W. Brown, who was in command of the Michigan militia, to be ready to resist any attempt on the part of the state of Ohio to actually possess this strip, and the Michigan territorial council appropriated money wherewith the exeeu- tive might enforce the laws of the territory. The officers of Michigan within that strip of land asserted their rights and resisted intrusion by the officers from Ohio.
Benjamin F. Butler was then attorney general of the United States and he decided that Michigan's position was right, and this likewise was then the opinion of the president, but, owing to the threatening situation, commissioners were sent to try and effeet an agreement. It was claimed by Governor Lucas that the commissioners recommended that the inhabitants of the strip be permitted to determine the line, but that was denied, and the Michigan authorities never assented to it, and continued to assert authority by arresting offenders under the Michigan law. Governor Lucas called an extra session of the Ohio legislature and represented to that body that the commissioners had determined as above stated, and the legislature passed an act agreeing to the terms on condition that the United States would compel Michigan to abide the same; otherwise providing the enforcement of the laws of Ohio in the disputed territory, and appropriating three hundred thousand dollars for the purpose. A communication from the acting secretary of state at Washington denied that the commissioners had decided as Governor Lucas had reported, and suggested that the president might find it nec- essary to interfere if the Ohio officials persisted in carrying out their threats. Influence was exerted from Washington to prevent violence, and matters were fairly quiet for some time following.
Ohio had legislated to organize the county of Lucas to include this
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land, and it was later reported that the Ohio imthorities would open Court at Toledo September 7th, and that Ohio troops would protect the judge. On hearing this, Governor Mason ordered out the Michigan forces, and, in person accompanied the troops to Toledo, No opposing forces were encountered, no attempt to open court was discovered, and the Michigan army returned and was disbanded. It is fortunate there was no open attempt on the part of Ohio to open conrt at that time, for the feeling of the Michigan populace was intense, they felt that their rights were being openly trampled upon, and they were prepared to defend and enforce them.
The rights of Michigan to the territory in question were, so far as the boundary line was concerned, perpetually fixed and established by the ordinance of 1787, which had become in fact a contraet, or com- pact, which congress had no right to abrogate. That ordinance had provided for the establishing of that line, the line had been established in accordance therewith, and it became fixed and unalterable as that ordinance had been construed. Notwithstanding the fact that Michigan unquestionably had the right to that disputed territory there were ex- tended debates in congress regarding it while the question of the ad- mission of Michigan as a state was pending before that body. Every one felt that, without the consent of Michigan, the power of congress to give the territory to Ohio wus at least doubtful. Many asserted pos- itively there was no such power.
Under the circumstances there was but one method to be pursued by the friends of the Ohio claimants, and that was to keep Michigan out of the Union until she surrendered to the demands of Ohio. Indiana and Illinois were alike interested with Ohio in the establishment of a boundary line, and therefore brought influence to bear to defeat the rights of Michigan. During the proceedings for admission the consti- tutional convention met at Detroit, in May, 1835, and resulted in the submission of a constitution for the approval of the people. In October following an election was held, the constitution was ratified, and Ste- vens T. Mason was elected governor.
Considerable friction ensned on account of the conflict between the state and the federal government, evidencing an effort on the part of the president to assist the forces opposed to Michigan and to compel her to yield her rights. To illustrate, the president appointed John S. Horner, of Virginia, secretary of the territory of Michigan "vice Stev- eus T. Mason, superseded," and the feelings of the Michigan people, upon the subject were emphatically expressed at a mass meeting in De- troit in July, 1836, when, following an address by Secretary Horner, the meeting adopted the following resolution: "Resolved. that if our present secretary of the territory should find it beyond his control, either from the nature of his instructions, his feelings of tenderness toward those who had for a long time set at defiance as well the laws of the territory as those of the United States, or any feelings of delicacy entertained toward the executive of a neighboring state, who has in
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vain endeavored to take a foreible possession of a part of our territory, to enable him to properly earry into effeet the existing laws of this ter- ritory, it is to be hoped he will relinquish the duties of his office, and return to the land of his nativity."
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