The history of Mower County, Minnesota : illustrated, Part 4

Author: Curtiss-Wedge, Franklyn
Publication date: 1911
Publisher: Chicago : H. C. Cooper, Jr. & Co.
Number of Pages: 1246

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HISTORY OF MOWER COUNTY

6, discovered the three great passages by which the river dis- charges its waters into the Gulf. Two days later they reascended the river a short distance, to find a high spot out of the reach of inundations, and there erected a column and planted a cross, proclaiming with due ceremony the authority of the king of France. Thus did the whole Mississippi valley pass under the nominal sovereignty of the French monarchs.

The first definite claim to the upper Mississippi is embodied in a paper, still preserved, in the colonial archives of France, entitled "The record of the taking possession, in his majesty's name, of the Bay des Puants (Green bay), of the lake and rivers of the Outagamis and Maskoutins (Fox rivers and Lake Winne- bago), of the river Ouiskonche (Wisconsin), and that of the Mississippi, the country of the Nadouesioux (the Sioux or Dakota Indians), the rivers St. Croix and St. Pierre (Minnesota), and other places more remote, May 8, 1689." (E. B. O'Callahan's translation in 1855, published in Vol. 9, page 418, "Documents Relating to the Colonial History of the State of New York.") This claim was made by Perrot, and the proclamation is supposed to have been issued from Fort St. Antonie (Anthony) near the present site of Trempealeau.

The previous proclamations of St. Lusson in 1671 at the out- let of Lake Superior, of De Luth, in 1679, at the west end of the same lake and at Mille Lacs, had no definite bearing on the land now embraced in Mower county, but nevertheless strength- ened the French claims of sovereignty.

For over eight decades thereafter, the claims of France were, tacitly at least, recognized in Europe. In 1763 there came a change. Of this change, A. N. Winchell (in Vol. 10, "Minnesota Historical Society Collections") writes: "The present eastern boundary of Minnesota, in part (that is, so far as the Mississippi now forms its eastern boundary), has a history beginning at a very early date. In 1763, at the end of that long struggle during which England passed many a mile post in her race for world empire, while France lost nearly as much as Britain gained- that struggle, called in America the French and Indian war- the Mississippi river became an international boundary. The articles of the definite treaty of peace were signed at Paris, on February 10, 1763. The seventh article made the Mississippi, from its source to about the 31st degree of north latitude, the boundary between the English colonies on this continent and the French Louisiana. The text of the article is as follows : (Published in the "Gentleman's Magazine," Vol. 33, pages 121- 126, March, 1763).

"VII. In order to re-establish peace on solid and durable foundations, and to remove forever all subjects of dispute to the

HISTORY OF MOWER COUNTY

limits of the British and French Territories on the continent of Ameriea ;- that for the future, the confines between the domains of his Britannie majesty and those of his most Christian majesty (the king of France) in that part of the world, shall be fixed irrevocably by a line drawn down the middle of the river Missis- sippi, from its souree to the river Iberville, and from thence, by a line drawn along the middle of this river, and the Lake Maure- pas and Pontehartrain, to the sea." The boundary from the source of the river further north, or west, or in any direction, was not given; it was evidently supposed that it would be of no importance, for many centuries, at least.

This seventh article of the definite treaty was identical with the sixth article in the preliminary treaty of peace signed by England, Spain and Franee, at Fontainebleau, November 3, 1762. On that same day, November 3, 1762, the French and Spanish representatives had signed another aet by which the French king "ceded to his cousin of Spain, and his successors forever * * * all the country known by the name of Louisiana, ineluding New Orleans and the island on which that city is situated." This agreement was kept seeret, but when the definite treaty was signed at Paris the following year, this seeret paet went into effect, and Spain at onee became the possessor of the area described.

At the close of the Revolutionary war, the territory east of the Mississippi, and north of the 31st parallel, passed under the jurisdiction of the United States. By the definite treaty of peace between the United States and Great Britain, ratified at Paris, September 3, 1783, a part of the northern boundary of the United States, and the western boundary thereof was established, as follows: Commeneing at the most northwestern point of the Lake of the Woods and from thenee on a due course west to the Mississippi river (the Mississippi at that time was thought to extend into what is now Canada), thence by a line to be drawn along the middle of said Mississippi river until it shall interseet the northernmost part of the 31st degree of north latitude. (U. S. Statutes at Large, Vol. 8, page 82.)

In 1800, by the secret treaty of San (or Saint) Ildefonso (signed October 1), Spain reeeded the indefinite tract west of the Mississippi to France, which nation did not, however, take formal possession until three years later, when the formality was made necessary in order that the tract might be ceded to the United States, Napoleon, for France, sold the tract to the United States, April 30, 1803. The region comprehended in the "Louisiana Purchase," as this area was called, included all the country west of the Mississippi, except those portions west of the Rocky

HISTORY OF MOWER COUNTY

mountains actually occupied by Spain, and extended as far north as the British territory.

By an act of congress, approved October 31, 1803, the presi- dent of the United States was authorized to take possession of this territory, the act providing that "all the military, civil, and judicial powers exercised by the officers of the existing govern- ment, shall be vested in such person and persons, and shall be exercised in such manner as the president of the United States shall direct." (United States Statutes at Large, Vol. 2, page 245.)

December 20, 1803, Louisiana was formally turned over to the United States at New Orleans, by M. Laussat, the civil agent of France, who a few days previous (November 30) had received a formal transfer from representatives of Spain.

Louisiana District. By an act of congress, approved March 26, 1804, all of that portion of the country ceded by France to the United States under the name of Louisiana, lying south of the 33d degree of north latitude, was organized as the territory of Orleans and all the residue thereof was organized as the district of Louisiana. That act contained the following provision: "The executive power now vested in the government of the Indiana territory shall extend to and be exercised in said district of Louisiana." The area set off as the territory of Orleans was admitted as the state of Louisiana in 1812.

Louisiana Territory. By an act of congress approved March 3, 1805, all that part of the country. embraced in the district of Louisiana, was organized as a territory, called the territory of Louisiana.

Missouri Territory. By an act of congress approved June 4, 1814, it was provided that the territory hitherto called Louisiana should be called Missouri, and was organized as a territory. The struggles in congress which led to the Missouri compromise ; the agreement that all territory west of Missouri and north of parallel 36° 36' should forever be free from the curse of slavery, and the final admission of Missouri with her present boundaries, by presidential proclamation, August 10, 1821, are outside of the province of this history. Sufficient is it to say here that this admission left the land to the northward, including Mower county, without a fountain head of territorial government from that date until June 28, 1834, when it was attached to Michigan.

It is now necessary to turn to the events that had been transpiring in regard to the government of the area east of the Mississippi and northwest of the Ohio river.

The Northwest Territory embraced all the area of the United States northwest of the Ohio river. By the provisions of the

HISTORY OF MOWER COUNTY

famous "Northwest Ordinance," passed July 13, 1787, by the Congress of the Confederation (the constitution of the United States not being adopted until September 17), the Ohio river became the boundary of the territory. The fifth article of the ordinance reads as follows: "Art. 5. There shall be formed in the said (i. e., the Northwest) territory, not less than three, nor more than five states," * * the western state in the said * territory shall be bounded by the Mississippi, the Ohio and the Wabash rivers; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and the Mississippi. (See Executive Documents, 3d session, 46th congress, 1880-81, Vol. 25, Doc. 47, Part 4, pages 153-156; also United States Statutes at Large, Vol. 1, page 51, note a.)

Indiana Territory. The ordinance of 1787 provided for the organization of three "states" out of the Northwest Territory. That same year the constitution of the United States was adopted. In 1799, Ohio organized a territorial government, but the middle and western "states" did not have, separately, sufficient popula- tion to warrant the establishment of two separate governments. Congress solved the difficulty by uniting the two under the name of Indiana. The act was passed May 7, 1800, and its first section reads as follows: "Section 1-Be it enacted, etc., that from and after the fourth day of July next, all that part of the territory of the United States, northwest of the Ohio river, which lies to the westward of a line beginning at the Ohio opposite the mouth of the Kentucky river, and running thence to Fort Recovery, and thence north until it shall intersect the territorial line between the United States and Canada, shall, for the purpose of tempo- rary government, constitute a separate territory, and be called the Indiana Territory." (U. S. Statutes at Large, Vol. 2, page 58.) Indiana was admitted as a state in 1816.

Michigan Territory. By an act of congress passed June 11, 1805, Michigan territory was fornred. The boundaries were described as follows: "All that part of the Indiana territory which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan until it shall intersect Lake Erie, and east of a line drawn from the said sontherly bend through the middle of said lake to its northern extremity, and thenee due north to the northern boundary of the United States, shall for the purpose of temporary government constitute a separate terri- tory, to be called Michigan. (U. S. Statutes at Large, Vol. 2, page 309.) Additions, noted further along in this article, were later made to this territory.

Illinois Territory. In 1809, settlers had come in so fast that

HISTORY OF MOWER COUNTY

there were sufficient citizens in Indiana territory to support two governments. Accordingly, the territory of Illinois was estab- lished, February 3, 1809, by the following enactment: "Be it enacted, etc., That from and after the first day of March, next, all that part of the Indiana territory which lies west of the Wabash river and a direct line drawn from the said Wabash river and Post Vincennes, due north to the territorial line between the United States and Canada, shall for the purpose of temporary government constitute a separate territory, and be called Illinois. (U. S. Statutes at Large, Vol. 2, page 514.) Illinois was admitted as a state in 1818.

Michigan Territory. The population of Illinois continued to increase, and the people were eager for a state government. The southern portion was therefore granted statehood privileges, and the northern portion, mainly unoccupied, was cut off and added to the territory of Michigan, previously created. This transfer of territory was authorized in section 7 of the act passed April 18, 1818, enabling Illinois to form a state government and constitu- iion. The terms of the act are as follows: "Section 7. And be it further enacted, That all that part of the territory of the United States lying north of the state of Indiana, and which was included in the former Indiana territory, together with that part of the Illinois territory which is situated north of, and not included within the boundaries prescribed by this act (viz., the boundaries of the state of Illinois) to the state thereby authorized to be formed, shall be and hereby is, attached to and made a part of the Michigan territory. Thus matters remained for sixteen years.

Missouri, in the meantime, had been admitted as a state (1821), and the territory north of that state, and west of the Mississippi, was practically without organized authority from that year until 1834, when the increase of settlement made it advisable that the benefits of some sort of government should be extended to its area. Consequently, Michigan territory was extended to include this vast region. The act so enlarging Michigan territory passed congress June 28, 1834, in the follow- ing terms: "Be it enacted, etc., That all that part of the territory of the United States, bounded on the east by the Mississippi river, on the south by the state of Missouri, and a line drawn due west from the northwest corner of said state to the Missouri river; on the southwest and west by the Missouri river and the White Earth river, falling into the same, and on the north by the north- ern boundary of the United States, shall be, and hereby is, for the purpose of temporary government attached to and made a part of, the territory of Michigan." (U. S. Statutes at Large, Vol. 4, page 701.) In less than two years, certain territory was set apart

HISTORY OF MOWER COUNTY

to form the proposed state of Michigan. This act passed congress April 20, 1836, but Michigan was not admitted until January 26, 1837. (U. S. Statutes at Large, Vol. 5, pages 10-16.)

Wisconsin Territory. When Wisconsin territory was organ- ized by an act of congress, April 20, 1836, all the Louisiana pur- chase north of the state of Missouri was placed under its jurisdic- tion. This included Mower county. The boundaries as given at that time were as follows: "Bounded on the east by a line drawn from the northeast corner of the state of Illinois through the middle of Lake Michigan to a point in the middle of said lake and opposite the main channel of Green Bay and through said channel and Green Bay to the mouth of the Menominee river, thence through the middle of the main channel of said river to that head of said river nearest the Lake of the Desert, tlience in a direct line to the middle of said lake, thence through . the middle of the main channel of the Montreal river to its month ; thence with a direct line across Lake Superior to where the territorial line of the United States last touches said lake, northwest, thence on the north with the said territorial line to the White Earth river (located in what is now Wood county, North Dakota). On the west by a line from the said boundary line, fol- lowing down the middle of the main channel of the White Earth river to the Missouri river, and down the middle of the main channel of the Missouri river to a point due west from the north- west corner of the state of Missouri; and on the south from said point due east to the northwest corner of the state of Missouri, and thence with the boundaries of the states of Missouri and Illinois as already fixed by act of congress. (U. S. Statutes at Large, Vol. 5, page 18.) It is interesting to note in this connection that two sessions of the Wisconsin territorial legislature were held at what is now Burlington, Iowa.

Iowa Territory. The territory of Iowa was created by the act of congress, June 12, 1838, which act divided the territory of Wisconsin along the Mississippi river and named the western part, Iowa. The act provided: "That from and after the third day of July, next, all that part of the present territory of Wis- consin which lies west of the Mississippi river and west of a line drawn due south from the head waters or sources of the Missis- sippi to the territorial lines, shall, for the purpose of temporary government, be and constitute a separate territorial government, by the name of Iowa." The area now embracing Mower county was included within these lines.

Iowa remained a territory from 1838 to 1846. The greater part of southern and southeastern Minnesota was within the jurisdiction of Clayton county. Henry II. Sibley was a justice of the peace in that county. The county seat was 250 miles

HISTORY OF MOWER COUNTY

distant from his home in Mendota, and his jurisdiction extended over a region of country, which, as he expressed it, was "as large as the empire of France." A convention of duly authorized representatives of the people remained in session at Iowa City from October 7 to November 1, 1844, and framed a state consti- tution. It was provided that the constitution adopted, together with any alterations which might subsequently be made by con- gress, should be submitted to the people of the territory for their approval or rejection at the township elections in April, 1845. The boundaries of the proposed new state, as defined in the con- stitution, were in part as follows: *

** Thence up in the middle of the main channel of the river last mentioned (the Missouri) to the mouth of the Sioux or Calumet river; thence in a direct line to the middle of the main channel of the St. Peter's (Minnesota) river, where the Watonwan river-according to Nicollet's map-enters the same, thence down the middle of the main channel of said river to the middle of the Mississippi river ; thence down the middle of said river to the place of beginning." This would have included in the state of Iowa Mower county, and in fact, all the counties of what is now Minnesota that lie south and east of the Minnesota as far as Mankato, also including Fari- bault county and nearly all of Martin, the greater part of Bluc Earth and portions of Watonwan, Cottonwood nd Jackson.

Congress rejected these boundary lines, and March 3, 1845, in its enabling act, substituted the following description of the proposed boundaries: "Beginning at the mouth of the Des Moines river, in the middle of the Mississippi; thence by the middle of the channel of that river to the parallel of latitude passing through the mouth of the Mankato or Blue Earth river; thence west along said parallel of latitude to a point where it is intersected by a meridian line 17° 30' west of the meridian of Washington City; thence due south to the northern boundary line of the state of Missouri; thence eastwardly following that boundary to the point at which the same intersects with the Des Moines river ; thence by the middle of the channel of that river to the place of beginning." Thus the southern boundary of Minnesota would have been on a line due east from the present eity of Mankato to the Mississippi river and due west from the same point to a point in Brown county. This would have included in Towa all but a small fraction of the counties of Winona, Olm- stead, Dodge, Steele, Waseka and Blue Earth, portions of Brown, Watonwan and Martin; and all of Faribault, Freeborn, Mower, Fillmore and Houston. This reduction in its proposed territory was not pleasing to those citizens of Iowa who wished the state to have its boundaries to include the Minnesota river from the Blue Earth to the Mississippi and the Mississippi from the Minne-

HISTORY OF MOWER COUNTY

sota river to the Missouri state line. This changing in the bound- ary was really a political measure, a part of those battles in congress over free and slave states which preceded the Civil war. The boundaries as proposed by congress were rejected by the people of Iowa after a bitter campaign. August 4, 1846, congress passed a second enabling aet, which was accepted by the people by a narrow margin of 456, the vote being 9,492 for and 9,036 against. This second act placed the northern boundary of Iowa still further south, but added territory to the west. The northern boundary of Iowa, as described in the enabling aet, was identical with the parallel of 43º 30' north, from the Big Sioux river east- ward to the Mississippi. This, with the exception of the short distance from the Big Sioux river to the present western boundary of Minnesota, is the present southern boundary of our state. Minnesota's southern boundary, as thus described, was carefully surveyed and marked within six years of its acceptance by Iowa. The work was authorized March 3, 1849, and two appropriations of $1,500 each were soon made. The survey was completed during the years 1849 to 1852, at a total cost of $32,277.73. Although the work was done with the best instruments then known, an error of twenty-three chains, evidently due to carelessness, was discovered within a year. Iowa was admitted as a state December 28, 1846.

Wisconsin State. Wisconsin soon wished to become a state. The northwestern boundary provoked considerable discussion both in congress and in the two constitutional conventions which were called. There were some who wished to include all the remaining portion of the northwest territory within the bound- aries of the new proposed state. The two prevailing coteries, however, were the ones between whom the fight really centered. One body wished the northwestern boundary of the new state (Wisconsin) to extend up the Mississippi as far as the Rum river, where the city of Anoka is now situated, thence northeastwardly to the first rapids of the St. Louis river and thence to Lake Supe- rior. The residents of the St. Croix valley, and those living on the east side of the Mississippi, between the St. Croix and the Rum river, constituted the other party and objected to being included in the proposed state of Wisconsin. They declared that they were separated from the settled portions of Wisconsin by hundreds of miles of barren land, and still more greatly separated by a difference in the interests and character of the inhabitants. They proposed that the northwest boundary of the new state should be a line drawn due south from Shagwamigan bay, on Lake Superior, to the intersection of the main Chippewa river, and from thence down the middle of said river to its debouchure into the Mississippi. Residents of the district affected and also about Fort Snelling and on the west bank of the Mississippi further up

HISTORY OF MOWER COUNTY

joined in a memorial to congress, citing the grave injustice that would be done the proposed territory of Minnesota if it were left without a single point on the Mississippi below St. Anthony's falls, the limit of navigation. Among those who signed this memorial were H. H. Sibley and Alexander Faribault. The result of. the controversy was a compromise adopting a middle line along the St. Croix and St. Louis rivers.

The enabling act for the state of Wisconsin, approved August 6, 1846, provided : "That the people of the territory of Wisconsin be and they are hereby authorized to form a constitution and state government * with the following boundaries, to-wit :

thence through the center of Lake Superior to the mouth of the St. Louis river, thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map; thence due south to the main branch of the River St. Croix; thence down the main channel of said river to the Mississippi; thence down the main channel of said river to the northwest corner of the state of Illinois, thence due east * *

. This is the first and incidentally the present description of Minne- sota's eastern boundary. (United States Statutes at Large, Vol. 9, page 56.)

The convention that framed the constitution of Wisconsin in 1847-48 strongly desired the Rum river as their eastern boundary. After accepting the boundary chosen by congress the convention recommended a line which, if agreeable to congress, should replace the one in the enabling act. The proposed boundary, which was rejected, was described as follows: Leaving the aforesaid bound- ary line at the first rapids of the St. Louis river, thence in a direct line, bearing southwestwardly to the mouth of the Isko- dewabo or Rum river, where the same empties into the Missis- sippi river, thence down the main channel of the said Mississippi river to the aforesaid boundary. (Charters and Constitutions of the United States, Part ii, page 2030.)

Minnesota Territory. The events which led up to the estab- lishing of Minnesota as a territory can be given but brief mention here. Sufficient is it to say that for three years after the admis- sion of Iowa (in 1846) the area that is now Minnesota, west of the Mississippi, was practically a no-man's land. December 18, 1846, Morgan L. Martin, delegate from Wisconsin territory, gave notice to the house of representatives that "at an early day" he iwould ask leave to introduce a bill establishing the territorial government of Minnesota. The name, which is the Indian term for what was then the river St. Peter (Pierre) and has now become its official designation was, it is believed, applied to the proposed territory at the suggestion of Joseph R. Brown. During its con- sideration by congress the bill underwent various changes. As

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The history of Mower County, Minnesota : illustrated, Part 4

Author: Curtiss-Wedge, Franklyn Publication date: 1911 Publisher: Chicago : H. C. Cooper, Jr. & Co. Number of Pages: 1246

Author: Curtiss-Wedge, Franklyn
Publication date: 1911
Publisher: Chicago : H. C. Cooper, Jr. & Co.
Number of Pages: 1246