History of Crawford and Richland counties, Wisconsin, Part 38

Author: Butterfield, Consul Willshire, 1824-1899. [from old catalog]; Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1298

USA > Wisconsin > Richland County > History of Crawford and Richland counties, Wisconsin > Part 38
USA > Wisconsin > Crawford County > History of Crawford and Richland counties, Wisconsin > Part 38

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Township 9 north, of range 4 west (Haney) was surveyed July 2-11, 1843, by Samuel C. Wiltse, deputy surveyor, assisted by J. B. Me Fardin, W. J. Curtiss, chainmen, and E. D. Smith, marker. Re-surveyed by Pizarro Cook, November and December, 1881.

Township 9 north, of range 5 west (part of Seneca) was surveyed in the 2d quarter of 1843 by A. L. Haren, deputy surveyor, assisted by Austin Wilder, C. C. Carter, chainman, and C. Ilam- ilton, marker. The surveyor says: "Surface broken. Timber of an inferior quality, with the exception of a few groves on the west side of the township."

Township 9 north, range 6 west (part of Sen- eea), was surveyed by A. L. Hlaren, in the 4th quarter of 1843. Ile was assisted by S. P. Folsom, S. N. Lester, chainmen, L. Davis, marker.

'Township10 north, of range 3 west (a portionof Clayton), was surveyed by Samuel C. Wiltse, in the 3d quarter of 1943, assisted by J. B. McFar- din, W. T. Curtiss, chainmen, and E. D. Smith, marker. The surface of this township says Mr. Wiltse, "is uneven, the soil shallow. Is valua- ble chiefly as a grazing district. Water excel- lent and abundant."

Township 10 north, of range 4 west (parts of Utica and Clayton), was surveyed by S. C. Wiltse in the 3d quarter of 1843. He was assisted J. B. McFardin, W. T. Curtiss, chainmen and E. D. Smith, marker. The surveyor says: "Surface of this township is hilly, timber and land of little value." This township was re-surveyed by Pizarro Cook Dec. 7, 1881-Jan. 13, 1882.

Township 10 north, of range 5 west (parts of Utica and Seneca) was'surveyed in the 3d quarter of 1843, by A. L. Haren, assisted by Austin Wilder, C. C. Carter, chainmen, C. Hamilton, marker. This township is mostly broken, says the surveyor, and hilly. The prairie in the south- eastern part is rolling first-rate land. The soil excepting on the hill sides is a rich sandy loam. The hill sides are covered with loose rock and flint. Township is exceedingly well watered, on the west by streams running into the Missis- sippi and on the east by streams running into the Kickapoo.

Township 10 north, of range 6 west (parts of Freeman and Seneca) was surveyed in the 4th quarter of 1843 by A. L. Haren, assisted by L. Davis, S. N. Lester and S. P. Folsom. The sur- veyor says: "Township is broken and hilly and is mostly fertile, excepting the steep side hills and bluffs. Upland generally well timbered."

Township 11 north, of range 3 west (a part of Sentea) was surveyed in the 3d quarter of 1843, by W. Barrows deputy surveyor, assisted by Ed. Fitzpatrick, W. V. Anderson, chainmen, and W. P. Easley marker.

Township 11 north, of range 4 west (parts of Clayton and Utica) was surveyed in the 3d quarter of 1843, by S. C. Wiltse, assisted by J. B. McFardin, W. T. Curtiss, chainmen, E. D. Smith, marker.

Township 11 north, of range 5 west (parts of Utica and Freeman) was surveyed in the 3d quarter of 1843, by A. L. Haren, assisted by Austin Wilder, C. C. Carter, chainmen, Louis Davis, marker. The surveyor says: "Soil most- ly rolling, first-rate land or good second-rate land. Soil sandy loam."

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HISTORY OF CRAWFORD COUNTY.

Township 11 north, of range 6 west (a part of Eastman) was surveyed in the 3d quarter of 1843, by A. L. Haren, deputy surveyor, assisted by Austin Wilder, C. C. Carter, chainmen, and Louis Davis, marker. "Surface extremely broken and hilly."

Township 11 north, of range 7 west (a part of Freeman) was surveyed in the 4th quarter of 1843, by A. L. Haren, deputy surveyor, assisted by S. P. Folsom, S. N. Lester, chainmen, Louis Davis, marker.

LAND DISTRICTS.

The first land offices in Wisconsin were es- tablished under an act of Congress approved June 26, 1834, creating additional land districts in the States of Illinois and Missouri, and in the territory north of the State of Illinois. The first section provides "that all that traet lying north of the State of Illinois, west of Lake Michigan, south and southeast of the Wisconsin and Fox rivers, included in the present territory of Michigan, shall be divided by a north and south line, drawn from the northern boundary of Illinois along the range of the township line west of Fort Winnebago to the Wisconsin river, and to be called-the one on the west side, the Wisconsin land district, and that on the east side the Green Bay land district of the territory of Michigan, which two districts shall embrace the country north of said rivers when the Indian title shall be extinguished, and the Green Bay district may be divided so as to form two districts, when the President shall deem it proper;" and by section three of said act, the President was authorized to appoint a register and receiver for such office, as soon as a suffi- cient number of townships are surveyed.

An act of Congress, approved June 15, 1836, divided the Green Bay land district, as estab- lished in 1834, "by a line commencing on the western boundary of said district, and running thence cast between townships 10 and 11 north, to the line between ranges 17 and 18 east, thenee north between said ranges of townships to the line between townships 12 and 13 north,

thence east between said townships 12 and 13 to Lake Michigan; and all the country bounded north by the division line here described; south by the base line, east by Lake Michigan and west by the division line between ranges 8 and 9 east," to be constituted a separate district, and known as the "Milwaukee land"district." It included the present counties of Racine, Kenosha, Rock, Jefferson, Waukesha, Wal- worth and Milwaukee and parts of Green, Dane, Washington, Ozaukee, Dodge and Columbia.

· An act was approved March 3, 1847, creating an additional land district in the territory. All that portion of the public lands lying north and west of the following boundaries, formed a dis- triet to be known as the Chippewa land district: Commencing at the Mississippi river on the line between townships 22 and 23 north, running thence east along said line to the fourth prin- cipal meridian, thence north along said meridian line to the line dividing townships 29 and 30, thence east along such township line to the Wisconsin river, thence up the main channel of said river to the boundary line between the State of Michigan and the territory of Wiscon- sin. The counties now included in this district are: Pepin, Clark, Eau Claire. Dunn, Pierce, St Croix, Polk, Barron, Burnett, Douglas, Bay- field, Ashland, Taylor, Chippewa and parts of Buffalo, Trempealcau and Jackson.

An act of Congress, approved March 2, 1849, changed the location of the land office in the Chippewa distriet from the falls of St. Croix to Stillwater, in the county of St. Croix, in the proposed territory of Minnesota; and by section two of the act, an additional land office and dis- triet was created, comprising all the lands in Wisconsin not included in the districts of land subject to sale at Green Bay, Milwaukee, or Mineral Point, which was to be known as the Western land district, and the President was authorized to designate the site where the office should be located. Willow river, now Hudson, was selected. The district was usually known as the St. Croix and Chippewa district, and in-

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HISTORY OF CRAWFORD COUNTY.

cluded St. Croix, La Pointe and parts of Chip- pewa and Marathon counties.

By an act of Congress, approved July 30, 1852, so much of the public lands in Wisconsin as lay within a boundary line commeneing at the southwest corner of township 15 north, of range 2 east of the fourth principal meridian, thence running due east to the southeast corner of township 15 north, of range 11 east, of the fourth principal meridian, thence north along such range line to the north line of the State of Wisconsin, thence westwardly along said north line to the line between ranges 1 and 2 east of fourth principal meridian, thence south to the place of beginning, were formed into a new district, and known as the Stevens Point land district, and a land office located at that place. The boundaries enclosed the present counties of Juneau, Adams, Marquette, Green Lake, Wau- shara, Waupacea, Portage, Wood, Marathon, Lincoln and Shawano.

WISCONSIN LAND DISTRICT.

It will be remembered that the Wisconsin land district, by the organic act of the territory, was to be extended north of the Wisconsin river "when the Indian title should be extin- guished." Now, as that event took place in 1837, it follows that when what is now Craw- ford county was surveyed into townships by the United States surveyors, it was in the Wis- consin land district, the land office being at Mineral Point. It was usually called the "Min- eral Point land district." The surveys into see- tions and quarter sections were nearly all made while in the same district; hence the early set- tlers went to Mineral Point to enter their land.

LA CROSSE LAND DISTRICT.

An act of Congress, approved March 2, 1849, formed the La Crosse land distriet, including within its limits the following territory :

"Commencing at a point where the line be- tween townships 10 and 11 touches the Mis- sissippi river, [in the present county of Craw- ford,] and running thence due east of the fourth principal meridian; thence north to the line be-

tween townships 14 and 15 north ; thence east to the southeast corner of township 15 north, or range I east of the fourth principal meridian ; thence north on the range line to the south line of township 31 north; thence west on the line between townships 30 and 31 to the Chippewa river; thence down said river to the junction with the Mississippi river, thence down said river to the place of beginning."

This included, though it has since been les- sened, so much of Crawford as lies north of the line between townships 10 and 11, all of the present county of Vernon, likewise that of La Crosse, Monroe, Buffalo, Trempealeau, Eau Claire, Clark and parts of Juneau and Chippewa counties.

By act of Congress, approved Feb. 24, 1855, an additional district was formed of all that portion of the Willow river land district lying north of the line dividing townships 40 and 41, to be called the Fond du Lac district, the office to be located by the President as he might from time to time direct. The present counties of Douglas, Bayfield, Ashland and part of Bur- nett were included within its boundaries.

By an act of Congress, approved March 3, 1857, so much of the districts of land subject to sale at La Crosse and Hudson, in the State of Wisconsin, contained in the following bound- aries, were constituted a new district, to be known as the Chippewa land district. North of the line dividing townships 24 and 25 north; south of the line dividing townships 40 and 41 north; west of the line dividing ranges 1 and 2 east; and cast of the line dividing ranges 11 and 12 west. The location of the office was to be designated by the President as the public interest might require. The present counties of Chippewa, Taylor, Eau Claire and Clark were in this district.

LA CROSSE LAND OFFICE.

There are at the present time six land offices in the State. They are located at Menasha, Falls of St. Croix, Wausau, La Crosse, Bayfield and Eau Claire. By the provisions of law,

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HISTORY OF CRAWFORD COUNTY.

when the number of aeres of land in any one distriet is reduced to 100,000 acres, subject to private entry, the secretary of the interior is required to discontinue the office, and the lands remaining unsold are transferred to the nearest land office, to be there subject to sale. Under this provision, Crawford county is in the La Crosse land office.

PIZARRO COOK'S RE-SURVEY IN CRAWFORD COUNTY.

Under an act of Congress, of Feb. 9, 1880, for the survey of all that portion of township 9 north, of range 4 west, lying east of the Kicka- poo river in Crawford county, also township 10 north of the same range, east of that stream, Pizarro Cook, county surveyor of Crawford county, was employed by the United States to do the work, under the direction of the com- missioner of the general land office. The town- ship lines had been run ; but the land had not

been "seetionized." However, as it had origi- nally been returned as having been run into sections, the work of Mr. Cook is called a re- survey. He began work Oct. 25, 1881, and fin- ished about the middle of January, 1882. C'on- gress appropriated, by the aet already men- tioned, the sum of $1,000 for the work. Mr. Cook's bill amounted to $984.18.

THE LYON SURVEY.

When the United States surveyors crossed the Wisconsin river to enter upon the survey, in this region of public lands, they found, upon their arrival, within what are now the limits of Crawford county, certain tracts that were in fact not United States lands and had already been surveyed. Of course, these traets were not again surveyed. They were the private land claims already treated of very fully in the previous chapter, which were surveyed by Mr. Lyon, deputy United States surveyor, in 1828.

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HISTORY OF CRAWFORD COUNTY.

CHAPTER IX.

PRIVATE LAND CLAIMS.

While it is true that every man's title to land in Crawford county is derived from the United States, as in other parts of Wisconsin, yet these are not, all of them, thus derived, because of purchases from the general government. To understand this anomolous state of things, and why there are exceptions to the general rule, it must be explained that there were residents occupying tracts within this county so long before the United States had actual possession of it, as to entitle them, in striet justice, to be considered as the real owners; and, as we shall soon see, they were, in many cases, adjudged to be the owners-not by purchase from the United States, but by. occupation at a certain period. In short, these certain individuals, or their legal representatives, had their lands confirmed to them under certain acts of Congress ; and that confirmation started their respective titles from the United States as fully and completely as though they had been purchasers of their re- spective tracts.

Mention is made in the chapter on the mili- tary occupation of the county, of evictions hay- ing frequently been made, by the commanders of Fort Crawford, of settlers on the "prairie." This cansed the people to appeal to the United States government for protection in the pusses- sion of their property. Congress passed an act for their relief, under which the secretary of Michigan territory, the register and receiver of the Detroit land -office, were commissioned to examine and report upon the matter. The pro- vision of the Jay treaty of 1796, by which the inhabitants of Prairie du Chien were received

into citizenship and guaranteed protection in the possession of their lands and other property, was made the basis of the settlement, and the commissioners were empowered to confirm the claims to all farm and village lots that had been continuously occupied since the treaty went into operation. Isaac Lee was sent from Detroit to collect testimony during the summer of 1820. In addition to the claims continually occupied since 1796, a number which at that time were occupied as a village common, but were subsi- quently appropriated by individuals, were re- ported favorably. The evicted persons were restored to their rights. This settlement was confirmed by Congress, and the people of the Prairie who had hitherto been compelled to rest content witn mere oceupation, were guaran- teed a reliable title. Some effort was made by United States officers to interrupt the confirma- tion in a few instances by representing that claimants had taken up arms for Great Britain during the War of 1812, and thereby incurred the penalty of treason. Delay was thus occa- sioned in some instances, but the government wisely concluded to overlook the offense, in- asmuch as they had been made citizens without their own volition, and had been drawn into the hostile attitude without choice of their own, through the peculiar circumstances of their situation, and all the claims were eventually settled without discrimination upon that point. The village of Prairie du Chien also entered a elaim to an additional tract extending to the Kickapoo river, based on the Sinclair purchase and a subsequent ratification by the Fox In-

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HISTORY OF CRAWFORD COUNTY.

dians at Cahokia, but the United States refused to recognize the validity of the purchase by Sinclair, as the territory was beyond the juris- diction of the British crown at the time, and denied this additional claim.

"At the session of Congress of 1819-20," says Mr. Lockwood, "an act was passed to take testimony relative to the private land claims at Sanlt St. Marys, Mackinaw, Green Bay and Prairie du Chien, that were reserved to subjects of the British government under Jay's treaty; and in the fall of 1820, commissioners were dispatched to the different places to take testi- mony. A Mr. Lee came to Prairie du Chien. The most of those claims at Prairie dn Chien were found to come under Jay's treaty, but there were several that wanted a year or more of coming under it. These facts being reported to Congress, they at a subsequent session passed an act giving to every settler who was in pos- session of land at the date of the declaration of war in 1812 against Great Britain, and who had continued to submit to the laws of the United States, the lands he claimed.

"It is a matter of history, that the British took Mackinaw and subjected its dependences to their government, including all the afore- named places, and the most part of these claim- ants were ignorant Canadians and supposed themselves British subjects, not aware that if they did not within a year choose, as stipulated in the treaty, to continue British subjects, they became American citizens; and when the Brit- ish government took military possession of the country during the War of 1812-15, the mili- tary officers in command considered them as British subjects, and ordered them to do mili- tary dnty as militia. They were a conquered people, and feeling that they owed no allegiance to the United States, took up arms in obedience to the orders of the British officers. There were some among them intelligent enough to know their position, but had they claimed to be American citizens and refused to take up arms,

surrounded as they were by hostile Indians, they would not have been safe; especially as the British officers did not believe in a British subject expatriating himself, and of course there was no law of the United States in the conquered country to submit to. Notwith- standing all these circumstances being known to the officers of the army stationed at Sault St. Marys under Maj. Cutler, they got up a remonstrance to the government, representing these people as traitors; in consequence of which the patents were delayed, to the great annoy- ance and sometimes to the great injury of the claimants."

THE COMMISSIONERS ACTS OF QUALIFICATION. TERRITORY OF MICHIGAN, } DISTRICT OF DETROIT. 5

We, William Woodbridge, Secretary of the Territory of Michigan, Peter Audrain, Register, and Jonathan Kearsley, Receiver of the Land Office of the Land District of Detroit, do, and each of us doth solemnly swear, that we will impartially exercise and discharge the duties imposed upon us by an act of Congress, entitled "An act regulating the grants of land in the Territory of Michigan," passed the 3d day of March, 1807; and also "An act to revive the powers of the commissioners for ascertaining and deciding on claims to land in the District of Detroit, and for settling the claims to land at Green Bay and Prairie des Chiens, in the Terri- tory of Michigan," passed the 11th day of May, 1820. So help us God.

WILLIAM WOODBRIDGE, PETER AUDRAIN, J. KEARSLEV.

TERRITORY OF MICHIGAN, ? COUNTY OF WAYNE. to-wit:

Personally appeared before me, John MeDon- ell, one of the Associate Justices of the Court of the county of Wayne, and Territory afore- said, William Woodbridge, Peter Audrain, and Jonathan Kearsley, Esquires, who took and subscribed the foregoing oath in my presence.

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HISTORY OF CRAWFORD COUNTY.

Given under my hand, at the city of Detroit, the 8th of August, 1820.

JOHN MCDONELL,

Associate Justice of the Court of the County of Wayne, Territory of Mich. TERRITORY OF MICHIGAN, to-wit: DISTRICT OF DETROIT S

I, Henry B. Brevoort, Register of the Land Office for the District of Detroit, do solemnly swear that I will impartially exercise and dis- charge the duties imposed on me by an act of Congress entitled " An act regulating the grants of land in the Territory of Michigan," passed on the 3d day of March, 1807; and also "An act to revive the powers of the commissioners for ascertaining and deciding on claims to land in the District of Detroit, and for settling the claims to land at Green Bay and Prairie des Chiens, in the Territory of Michigan," passed the 11th day of May, 1820. So help me God.

HENRY B. BREVOORT,

TERRITORY OF MICHIGAN, } Land District of Detroit. 5

Personally appeared before me, this 14th day of May, A. D. 1821 [1820] the above-named ITenry B. Brevoort, Esquire, Register of the Land District of Detroit, who took and sub- scribed the above written affidavit in my pres- ence.

Given under my hand the day and year above written.

GEORGE MCDOUGALL,

Justice of the Peace, County of Wayne, M. T.

INSTRUCTIONS TO ISAAC LEE, AGENT.

The following are the instructions to the Agent appointed to receive claims and take evidence concerning land claims at Green Bay and Prai- rie des Chiens.

TERRITORY OF MICHIGAN, )

Land District of Detroit, S

August 8th, 1821 [1820.]

SIR :- You are hereby notified of your appoint- ment (with the approbation of the Secretary of the Treasury), and in conformity with the pro-

visions of the act entitled "An act to revive the powers of the Commissioners for ascertaining and deciding on claims to land in the District of Detroit, and for settling the claims to land at Green Bay and Prairie des Chiens, in the Terri- tory of Michigan," passed the 11th of May, 1820, as agent for the purpose of ascertaining the titles and claims to land at the settlements of Green Bay and Prairie des Chiens.

The Secretary of the Treasury has given gen- eral directions that you proceed, with as little delay as possible, taking the various laws which relate to your duties as your guide in the exe- cution of the trust reposed.

The evidence of titles and claims which it is presumed you will receive, are such as are founded upon legal grant made or authorized prior to the treaty of Paris (Feb. 10, 1763), by the French government, or subsequent to that period and prior to the treaty of peace between the United States and Great Britain (Sept. 3, 1783), or such as may be deducible from some act of Congress.

The whole system heretofore applicable to the Land District of Detroit, is presumed to have been reinstated in its full extent, except so far as controlled by the late law, and made specially applicable to the settlements of Green Bay and Prairie des Chiens. You will therefore not fail to notice that occupancy and possession of tracts within either of those settlements, be- tween the 1st day of July, 1796, and the 3d day of March, 1807, by the present claimants, or those under whom they may successively make claim, are, by the act of the 3d of March, 1807, recognized as conferring just claims for confirm- ation. And you will also see, by reference to the 4th section of the act of the 25th of April, 1808, that so much of the act of March 3d, 1807, as limited the claim to one tract, is repealed.

These references are given you that your records may not be needlessly burdened: it is nevertheless believed that you cannot of right refuse to receive and record any evidence of title, of whatsoever nature that may be offered,

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IHISTORY OF CRAWFORD COUNTY.

for the law clearly contemplates that the power of rejeeting, as well as confirming all claims, resides in the first instance, in the commission- ers, and not in the agent.

It is presumed to be the intention of the law that all the evidence of title and claims shall be recorded in the English language ; yet, it is recommended in all cases of doubtful or tech- nical expressions, that you preserve the original expression used ; also, in all cases where it is desired by the claimants, that you record also true copies of entire documents in their original language. After being recorded with every proof of authentication which is offered, it is considered, that the claimants will be entitled to receive again of you their deeds or other documents. The originals, it is believed, are not required to be brought here, unless by the con- sent and desire of the claimants.

A doubt occurs how far it may be competent for you to administer oaths ; that power is not expressly given you by law ; it is there given only to those who have the right to examine and decide. Such implied powers only can be sup- posed to have been given you as are really nec- essary to enable you conveniently to receive the notices and record the evidences of the titles and elaims adduced. The commissioners do not deem it necessary, at this time, to ex- press an opinion on that point, as they are ad- vised that you will receive commissions as justice of the peace for each of the two eoun- ties of Crawford and Brown, before your de- parture, in virtue of which, under the territo- rial laws, you will be qualified to administer all necessary oaths ; and take all proper affidavits.

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History of Crawford and Richland counties, Wisconsin, Part 38

Author: Butterfield, Consul Willshire, 1824-1899. [from old catalog]; Union publishing company, Springfield, Ill., pub. [from old catalog] Publication date: 1884 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1298

Author: Butterfield, Consul Willshire, 1824-1899. [from old catalog]; Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1298