The history of Renville County, Minnesota, Volume I, Part 29

Author: Curtiss-Wedge, Franklyn; Renville County Pioneer Association
Publication date: 1916
Publisher: Chicago : H.C. Cooper, Jr. & Co.
Number of Pages: 890


USA > Minnesota > Renville County > The history of Renville County, Minnesota, Volume I > Part 29


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Our relief was fortunate. Soon after the fight began a pieket at the fort reported firing towards the west. General Sibley immediately dispatched an officer and several companies of troops to our relief, but after coming about three miles the officer went back and said he could not hear any firing. Meantime it had been plainly heard at the fort, so General Sibley peremptorily ordered him to come to our relief and to continue until he found us. The officer then started again and came within three miles and camped, notwithstanding that the fight was still going on, Neither did he make any proper effort in the morning, for before he got started General Sibley had taken another foree and came to seek us, and had found the officer just ready to break camp.


A good hearty meal and we were loaded into wagons for our return to the fort. Every one of our horses had been killed.


Father had meantime reached the fort and learned where the "Earle boys" were. You may imagine his feelings as he stood on the knoll by the picket post and heard the firing hour after hour, knowing that his two boys were there. We were in a wagon near the end of the train and as we neared the fort there was father asking constantly, "Do you know anything of the Earle boys?" I heard him while he was still quite a distance off and some of the answers. Some said both were killed, some, one killed and so on. As the last wagon drew near and he had not yet found either nor got a satisfactory answer to his questions he began to be discouraged and his voice trembled. By the time our wagon reached him he had ceased to ask for the Earle boys, but asked for the Cullen Guard, the name of our company. I rose up and said yes, there were two he would be glad to see.


Birch Cooley is reckoned among the most severe battles of the frontier, indeed I think there were very few others where the percentage of loss was greater. The battle lasted without a moment's cessation from about four o'clock on Tuesday morning until two o'clock Wednesday afternoon, a period of thirty-four


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hours. The most of the time I was near Captain Anderson, who was wounded six times. but fortunately none were very severe. Captain DeCamp was killed and buried there. The wounded were loaded as best they could be into the wagons which the relief party brought, but the jolting was severe and brought many a groan from the poor fellows. Our return was necessarily slow.


The woman who had lain in the wagon throughout the fight was not in the least injured, although the box looked like a sieve, and I was told that the buffalo robe which covered her was cut into strings.


The next morning after my return I was sick and very feverish. My hand, which was far from being healed, was enor- mously swollen and discolored. I reported to Lieutenant Brown, as Captain Anderson was in the hospital, and he took me to the surgeon who had first dressed it. lle remembered me and gave me the dickens for neglecting it. I had lost the dressing at Birch Cooley and he said I had taken coll in it and talked discourag- ingly about saving it. However, he dressed it, and I reported every day until he finally said that I must lose the hand. I told father what he said, and he at once objected and said that he believed that the hand could be saved if I was where I could have proper treatment and diet. So the surgeon said that I could have my choice between an operation and a discharge. I chose the latter. When the discharge came it was in the form of a furlough for the remainder of my term of enlistment, as General Sibley was not authorized to grant a discharge.


Note .- These reminiscences by Dr. E. W. Earle, of Rochester, New York, were published in pamphlet form some years ago through the efforts of William Wickman, by Asa M. Wallace, of Fairfax, under the direction of the "Renville County Pioneer's Society."


CHAPTER XVL COUNTY GOVERNMENT.


Original Counties-Wabashaw-Dakotah-Pierce and Nicollet- Renville-Changes in Boundaries-Lincoln-Election Legal- ized-County Commissioners-County Officers.


Alexander Ramsey. the first territorial governor of Minnesota, arrived at St. Paul with his family May 27, 1849. June 1, 1849, he issned a proclamation declaring the territory duly organized. June 11 a second proclamation was issued, dividing the territory into three temporary judicial districts. The first comprised the county of St. Croix. The county of La Pointe and the region north and west of the Mississippi and north of the Minnesota and of a line running due west from the headwaters of the Mine-


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sota to the Missouri river, constituted the second. The conn- try west of the Mississippi and south of the Minnesota formed the third district. JJudge Goodrich was assigned to the first, Judge Meeker to the second, and Judge Cooper to the third. A court was ordered to be hell at Stillwater on the second Mon- day. at the Falls of St. Anthony on the third. and at Mendota on the fourth Monday of August. Renville county was included in the second district, with JJudge Meeker on the bench.


Until June 26 Governor Ramsey and family had been guests of llon. 11. Il. Sibley, at Mendota. On the afternoon of that day they arrived at St. Paul in a birch-bark canoe and became per- manent residents at the capital. On July 1 a land office was established at Stillwater, and A. Van Vorhees, after a few weeks, became the registrar.


On July 7 a proclamation was issued, dividing the territory into seven council districts, and ordering an election to be held on the first day of Angust, for one delegate to represent the poo- płe in the House of Representatives of the United States, for nine councillors and eighteen representatives, to constitute the Legislative Assembly of Minnesota. Renville county was included in the seventh district.


Original Counties. The first territorial legislature assembled September 3, 1849, and adjourned November 1. By an act approved October 27, 1849, the territory was divided into nine counties: Washington, Ramsey, Benton, Itasca, Wabashaw. Dakotah, Wahnabta, Mahkahto and Pembina. Only the counties of Washington, Ramsey and Benton were Fully organized for all connty purposes. The others were organized only for the pur- pose of the appointment of justices of the peace, constables and such other judicial and ministerial offices as might be specially provided for. They were entitled to auy number of justices of the peace and constables, not exceeding six, to be appointed by the governor, their term of office was to be two years unless sooner removed by the governor, and they were made conserv- ators of the peace.


Wabashaw. Wabashaw county, as "erected" by the act of October 27, 1849, comprised practically all of the southern part of the present state of Minnesota. Its northern boundary was the parallel running through a point on the Mississippi opposite the month of the St. Croix, and a point a trifle north of the mouth of the Yellow Medicine river ; the southern boundary was the lowa line: its rastern, the Mississippi; and its western the Missouri ; and it also included the big peninsula between the Missouri and the Big Sioux rivers, and all of what is at present southeastern South Dakota.


The southern part of the present Renville county thus fell in what was then Wabashaw county, the northern


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boundary of Wabashaw county crossing the present Renville county dne east from a point a trifle north of the mouth of the Yellow Medicine river.


Itasca and Wabashaw were attached to Washington county, the three counties being constituted the Second judicial distriet, with Hon. David Cooper on the beneh.


Dakotah. Dakotah county was also "erected"' by the act of October 27, 1849. Its eastern boundary was the Mississippi, its northern boundary was a line drawn due west from the mouth of the Clearwater river, its southern boundary was a line drawn due west from a point on the Mississippi opposite the mouth of the St. Croix, while the western boundary was the Missouri river.


Dakota county thus included in its vast area the northern part of what is now Renville county, taking in the present town- ships of Wang, Erieson, Crooks, Winfield, Kingman, Osceola, Brookfield, Boon Lake, and all except a strip on the south of Hawk Creek. Sacred Heart, Emmet, Troy, Bird Island, Melville, Hector and Preston Lake.


Dakota, Wahahta and Mahkahto were attached to Ramsey county for judicial purposes. They were with Ramsey consti- tuted the first judicial district and Aaron Goodrich was assigned as judge thereof. St. Paul was made the seat of justice of Ramsey county and the terms of the district court were appointed to be held there every year on the second Monday of April and the second Monday of September.


The legislature of 1851, by Chapter I of the Revised Statutes. passed January 1, divided the territory into Benton, Dakota, Itasca, Cass. Pembina, Ramsey. Washington. Chisago and Waba- shaw counties and defines their borders.


Dakota (the final "h" having been dropped) county was made to consist of all that part of the territory west of the Mississippi river and lying west of a line drawn dne south from Medicine Bottle's village at the Pine Bend of the Mississippi river (between the present cities of South St. Paul and Hastings), and south of a line beginning at the mouth of the Crow river (empty- ing into the Mississippi between Hennepin and Wright counties). and up that river and the north branch thereof to its source, and thenee due west to the Missouri river.


Dakota county as before was attached to Ramsey connty for judicial purposes. Under this revision Dakota county embraced all of what is now Renville county.


Pierce and Nicollet, By an act passed March 5, 1853 (Henne- pin county having been established March 6, 1852), the legisla- ture organized the counties of Dakota, Goodhne, Wabasha. Fill- more, Scott. Le Sueur. Rice, Blue Earth. Sibley. Nieollet and Pierce. The present Renville county fell in Nicollet and Pierce counties, the dividing line being a line drawn due north from


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the mouth of the Little Rock (now called Mud) creek. Thus all of the present Renville county was in Pieree eounty except the townships of Boon Lake and Preston Lake, which, except possibly a strip of a few rods on the west, were in Nicollet county. Pierce county was attached to Nicollet county for judicial purposes. February 23, 1854, Houston, Fillmore. Winona, Wabasha and Goodhne were established, and March 2, 1854, Sibley county was organized.


Renville. February 20, 1855, the legislature passed an act defining the boundaries of the following counties: Olmsted, Dodge, Mower. Freeborn, Blue Earth, Farribault, Steele, Rice, Dakota, Seott, Le Sneur, Nicollet, Sibley, Carver, Renville, Davis, Wright, Stearns, Brown, Goodhue, Newton, Benton, Wabasha, Fillmore, Hennepin, Pierce, St. Louis and Todd. The act estab- Jishing Renville county was as follows:


" That so much of the territory as is embraced in the follow- ing boundaries be and is hereby established as the county of Renville: Beginning at the center of the main channel of the Minnesota river, where the line between townships 111 and 112 erosses said river; thence east along said township line to the western boundary of Sibley county ; thence along the boundary line of Sibley and Carver counties, to the line between townships 117 and 118, thence west along said line to the middle of the main channel of the Minnesota river; and thenee up the center of the channel of said river to the place of beginning."


This would include all of what is now Renville county. It would also take in the two southern townships in what is now Meeker county, the four southern townships in what is now Kandiyohi county, and several townships in what is now Chip- pewa county.


By an act approved March 8, 1860, an entirely new Renville county was organized. The act read as follows:


"Section 1. That the upper and lower Sioux reservations as defined by the government survey made by 'Sevan & Hutton,' except so much thereof as lies east of range thirty-four (34) and south of the Minnesota river, be and the same are hereby attached to and become a part of the county of Renville.


"Section 2. At the general election it shall be competent l'or the legal voters in the said county of Renville to eleet all the county officers, justices of the peace and constables, as said county may be entitled to by law, which officers shall qualify and enter upon the duties of their office at the time, and in the manner prescribed by law.


"Seetion 3. It shall be the duty of the first board of county commissioners which shall be elected in pursuance of this act. as soon after said board shall have been elected and qualified according to law, as the said board or a majority thereof shall


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determine, to locate the county seat of said county to all intents and purposes until otherwise provided by law.


"Seetion 4. The county of Renville is hereby attached to the county of Nicollet, for judicial purposes, until the county officers of said county shall have been elected and qualified as contemplated by this act.


"Section 5. That from and after the election and qualifica- tion of the county officers of Renville county as aforesaid the said county shall be included in the Sixth judicial district.


"Section 6. The change in the county lines of Renville county as provided for in section one of this act shall be submitted to the electors of the counties affected by said change at the next general election for their approval or rejection.


"Section 7. This Act shall take effect from and after its adoption." This act was repealed in 1866.


The upper and lower reservations consisted of a strip of land twenty miles in width, ten miles on each side of the Minnesota river extending from the mouth of the Little Rock (Mud) creek in the western part of Nicollet county to the south end of Lake Traverse. thus taking in a small part of what is now South Da- kota. Renville county as constituted by the act of 1860 took in all this strip except that part of it which is now included in Brown county.


"Some time before the Indian uprising an election was held. It is said that the following officers were elected : Commissioners. Stephen R. Henderson, John Meyer and Clemens Cardenell : register of deeds, Stephen R. Henderson: judge of probate. Andrew Hunter: clerk of court. John Hose; auditor, James Car- rothers: sheriff, David Carrothers: county attorney. George Gleason. It appears that the judge of probate authorized the sale of land by a guardian for his ward." So declares an early history. Considerable doubt has been cast on the statement. Possibly. however, the election was some time after March 8, 1860, and before August 18, 1862. At that time Renville county included the entire Indian reservation. a strip twenty miles wide. extending along the Minnesota from the mouth of the Little Rock to Big Stone lake, ten miles on each side of the Minnesota.


March 5. 1862. an aet was passed by the legislature detach- ing Renville from Nicollet county as a judicial district, and trans- ferring all Renville county cases from the court of Nicollet county to the court of Renville county. Court was to be held the first Monday in October. Under this act Renville county as a part of the Sixth judicial district.


September 29. 1862, after the massacre, Renville county was again attached to Nicollet county for judicial purposes, and all judicial officers of Nicollet county were given full power in Ren-


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ville county. March 5, 1863, the legislature passed an aet abating the tax on property destroyed during the massacre.


Lincoln. Lincoln county was established Mareh 8, 1861. as follows: "Beginning at the northeast corner of town one him- dred and seventeen, of range thirty-one; thence in a southerly direction, along the range line between ranges thirty and thirty- one to the southeast corner of town one hundred and fifteen, of range thirty-one: thence in a westerly direction, along the town line between towns one hundred and fourteen and one hun- dred and fifteen, to the southwest corner of town one hundred and fifteen of range thirty-five; thence in a northerly direction, along the range line between ranges thirty-five and thirty-six, to the northwest corner of town one hundred and sixteen of range thirty-five; thence in an easterly direction, along the town line between towns one hundred and sixteen and one hundred and seventeen, to the southeast corner of town one hundred and seventeen of range thirty-three; thenee in a northerly direction, along the range line between ranges thirty-two and thirty-three, to the northwest corner of town one hundred and seventeen, of range thirty-two: thenee east to the place of beginning."


This took in two townships in the present county of Meeker and the following townships in the present county of Renville : Winfield. Troy. Kingman, Bird Island, Osceola, Melville, Brook- field. lector, Boon Lake and Preston Lake. Lowell was the eounty seat.


This aet was repealed in 1866. In 1870 another attempt was made to establish Lincoln county. An act approved by the legis- lature, February 12. 1870, was as follows:


"Section 1. The boundary line of Lincoln county is hereby established, and hereafter shall be as follows, viz .: Beginning at the southeast corner of township number one hundred and twelve north, of range number thirty-two, running north to the southeast corner of township number one hundred and fifteen north, of range number thirty-two; thence east to the southeast corner of said township one hundred and fifteen north, of range number thirty-one; thence north to the township line between townships monber one hundred and sixteen and one hundred and seventeen north, of range thirty-one: thence west on said line to the southwest corner of township number one hundred and seventeen north, of range number thirty-three : thence south on the range line between ranges thirty-three and thirty-four. to the main channel of the Minesota river : thenee down the main channel of the Minnesota river to the intersection with the line between townships number one hundred and eleven and one hun- dred and twelve: thence east on said line to the place of begin- ning. Provided, that if the territory embraced in townships one hundred and seventeen north, of ranges thirty-one and thirty-


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two shall not be attached to Meeker county by a vote of the elretors of the territory to be affected thereby, then and in that ease such territory shall revert to and form a part of Lincoln county.


"Section 2. At the time of giving notice of the next gen- eral election, it shall be the duty of the officers of the county of Renville, required by law to give notice of such election, to give notice in like manner, that at said election a vote will be taken on the question of changing the boundary lines of Renville county in accordance with the provisions of this act. At said election the voters of said county of Renville in favor of the change proposed by this act, shall have distinctly written or printed, or partly written or printed on their ballots, 'For change of boundary line of Renville county in favor of Lincoln county.' and those opposed to said change, 'Against change of boundary line of Renville county in favor of Lincoln county,' and returns thereof shall be made to the same office by the judges of elec- tion of the several townships and by the auditor of said Renville county as upon votes for state officers.


"Section 3. The county of Lincoln is hereby attached for judicial purposes to the county of Renville.


"Section 4. The foregoing provisions of this act shall take effeet and be in force from and after the ratification and adop- tion of the proposed change by a majority of the voters of Ren- ville county."


This would include the present towns of Preston Lake, Boon Lake, Brookfield. Hector, Martinsburg. Wellington, Cairo. Osce- ola, Melville, Palmyra, Bandon and Camp.


The present Lincoln county organized in 1873 contains no part of the oll Lincoln county.


Renville. On March 1, 1866. the legislature passed the fol- lowing act relating to Renville county :


"Section 1. The boundary line of Renville county is hereby established, and shall hereafter be as follows: Beginning at the centre of the main channel of the Minnesota river. on the line between township one hundred and eleven (111\ and township one hundred and twelve (112) north. thence east to the south- west corner of township one hundred and twelve (112) north, of range thirty-two west: thence north to the northeast corner of township one hundred and fourteen (114) north : thence west to the northwest corner of township one hundred and fourteen (114) north, of range thirty-two (32) west; thenee north to the northeast corner of township one hundred and sixteen (116) north : thence west to the northwest corner of township one hun- dred and sixteen (116) north, of range thirty-six (36) west: thence south to the centre of the main channel of the Minnesota river: thence down said river to the place of beginning.


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"Section 2. The county of Renville is hereby declared an organized county, and the county seat thereof temporarily lo- cated at Beaver Falls. The last election of county officers for Renville county is hereby confirmed and ratified, and said officers until their successors are elected and qualified, shall have full power and authority to do and perform all aets and duties of their respective offices within the limits of Renville county, as defined in section one of this act, which the officers of other or- ganized counties can do and perform within their respective counties.


"Section 3. At the time of giving notice of the next general election. it shall be the duty of the officers of Renville county, required by law to give notice of such election, to give notice in like manner, that at said election a vote will be taken on the question of changing the boundary lines of Renville county, in accordance with the provisions of this act. At said election the voters of Renville county, in favor of the change proposed by this act. shall have distinetly written or printed, or partly writ- cen and partly printed on their ballots: For change of boundary lines of Renville county. And those opposed to such change : Against change of boundary lines of Renville county; and re- turned to the same officer by judges of election, as votes for State officers.


"Section 4. The county officers to whom the returns are made shall. within twenty days after said election, canvass the voles returned for or against the change of boundary lines, and shall forthwith certify the result of such canvass to the Gov- ernor, who, if it appears that the majority of votes in said county on the question of changing the boundary lines, are in favor of such change, shall make proclamation thereof by cansing to be published in a newspaper in said county, or in Brown county that the change proposed by this act has been ratified and adopted by the majority of the electors of said county.


"Section 5. All acts and parts of acts inconsistent with this aet are hereby repealed.


"Section 6. This aet shall take effect and be in force from and after the ratification and adoption of the proposed change as aforesaid."


The boundaries given in this act included all the present county of Renville except the present towns of Brookfield. Ilec- tor, Boon Lake, Preston Lake. Erieson. Sacred Heart, Wang and Hawk Creek.


The election was held November 8, 1866. What action was taken in the matter of the boundaries is not known. Beaver Falls and Birch Cooley were rivals for the county seat, and Beaver Falls won.


By an act approved March 2, 1867, the boundaries of the


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county were established as follows: "Beginning in the middle of the main channel of the Minnesota river on the line between townships one hundred and seventeen and one hundred and eighteen north, on the fifth principal meridian; thence east on said township line to the line between ranges thirty-six and thirty-seven ; thence south on said range line to the line between townships one hundred and sixteen and one hundred and seven- teen ; thence east on said township line to the northeast corner of town one hundred and sixteen, of range thirty-six: thence south on the line between ranges thirty-five and thirty-six, to the line between townships one hundred and fourteen and one hundred and fifteen: thence east on said township line to the line between ranges thirty-one and thirty-two; thence south on said range line to the line between townships one hundred and eleven and one hundred and twelve; thenee west on said town- ship line to the centre of the main channel of the Minnesota river ; thenee up said channel, to the place of beginning."




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