USA > Wisconsin > Richland County > History of Crawford and Richland counties, Wisconsin > Part 39
USA > Wisconsin > Crawford County > History of Crawford and Richland counties, Wisconsin > Part 39
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As it is feared (from the characteristic want of eaution of the Canadian French, as it regards the presentation of their title deeds) that most of their claims will be attempted to be supported by proving continued possession, this proof will, of course, consist principally of affidavits to be taken at the time of preferring their claims, it is specially recommended to you that you attend whenever practicable, personally, to the
taking of such affidavits ; that you have special regard to the prevention of all attempts at de- ception ; and that you certify them in both your capacities of agent and justice of the peace. This form of authentication must re- move all doubt as to your competency to ad- minister oaths and will be particularly conven- ient also, as it will enable you to draw the affi- davits in the English language.
It is not practicable for the commissioners to prescribe the period of time which, by your notices, you will assign at Green Bay and Prairie des Chiens, respectively, for receiving the evidences of claims and titles, The law re- quires reasonable notice ; what may be deemed reasonable notice must depend upon the number of claimants, and the remoteness of relative situations You must judge of it.
Though the settlement of Green Bay is spoken of by Charlevoix as early as 1720, yet it is be- lieved the whole number of elaimants there cannot exceed 150. The settlement of Prairie des Chiens is supposed to have been some thirty years later, though the number of elaimants is believed to be considerably greater ; but in re- spect to both, it is said the settlements are quite compact. All the traditionary or other information which can be procured by you con- cerning the origin and history of these settle- ments, would be very desirable, and may be of much use in the ultimate investigation of their land claims.
It is expected that from the time of your ar- rival at Green Bay, and entering upon the du- ties devolving upon yon, you will keep accurate minutes of all your official proceedings.
WILLIAM WOODBRIDGE, Sec'y of Mich., PETER AUDRAIN, Register,
J. KEARSLEY, Receiver, Commissioners. To ISAAC LEE, Esq., Agent. QUALIFICATION OF AGENT.
TERRITORY OF MICHIGAN, Land District of Detroit. "
I, Isaac Lee, of the said Territory, having been appointed agent for the purpose of ascer-
268
HISTORY OF CRAWFORD COUNTY.
taining the titles and claims to land at the set- tlements of Green Bay and Prairie des Chiens, do solemnly swear that I will faithfully and impartially discharge the duties imposed upon me by 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 Ter- ritory of Michigan," according to the best of my ability and understanding. So help me God.
ISAAC LEE.
Sworn to and subscribed before us, this 8th day of August, 1820.
WILLIAM WOODBRIDGE, Sec'y of Mich.,
PETER AUDRAIN, Register,
J. KEARSLEY, Receiver,
Commissioners.
OFFICIAL REPORT OF AGENT.
To the Commissioners of the Land District of Detroit :
GENTLEMEN :- On my arrival at Green Bay, on the 24th of August, A. D. 1820, I found that the principal land claimants were absent. I gave personal notice at every house of my ar- rival and business, and embraced the first op- portunity of a passage to Prairie des Chiens, stating to the inhabitants of Green bay that I should return and attend to their land claims in October.
On my arrival at Prairie des Chiens, October 2, [1820]. Igave personal notice at each house of my arrival and business there, and immedi- ately commenced to take testimony, which I completed, and took my departure for Green Bay, October 24th, at which place I arrived No- vember 16th, and found myself obliged to re- main there during the winter season. The principal part of my report is contained in the records already before you.
As to the traditionary account of the first settlement of that country, and the purchase of the lands from the natives, I refer you to the depositions before you, and [to] a letter from Matthew Irwin, Esq., factor at Green Bay, to
Gov. Cass. I was requested by the inhabitants of both Green Bay and Prairie des Chiens, to represent to you the situation of those whose claims would not come within the present law, with a request that you would officially repre- sent to the general government, their situation. and endeavor to procure the passage of a law more favorable than the existing law ; as they find it difficult to prove a continual occupation for twenty-five years. The records before you . contain an account of every kind of claim that came to my knowledge in the country.
With respect, yours, etc., ISAAC LEE, Agent.
FARM LOTS CONFIRMED.
The heirs of James Aird ..
.Farm Lot No. 1
Charles Menard, for Mariame Labuehe
Menard his wife do
2
Joseph Rolette, in behalf of Jean F. Rolette.
do
3
Joseph Rolette.
do
4
The heirs of Felix Mercier.
do
5
Jean Fisher Rolette.
do
6
Magdeline Gauthier.
do
7
Dennis Courtois.
do
8
John Simpson.
do
9
Joseph Rolette.
do
.10
Benjamin Cadotte.
do
1:
Miebael Brisbois. .
do
12
The heirs of Claude Gagnier.
do
13
Francois Chenneviere.
do
14
The heir of James Aird
do
15
Augustus Hebert.
do
16
Jean Baptiste Albert.
do
17
The heirsof John Campbell.
do
20
Antoine Lachapelle, for his wife Polise Lachapelle.
do
29
Pierre Lariviere. do
30
Julian Lariviere. do
31
FARM LOTS NOT CONFIRMED.
The heirs of James Aird. Farm Lot No. 18
Joseph Rulette
do
19
Francois Vertefeuille
do .
21
Angusins Hebert.
do
The heirs of Pierre Jandron.
do
23
James McFarlane.
do
24
Julian Lariviere do
26
John Simpson. .. do
27
Joseph Rolette.
do
28
25
Andrew Basin.
269
HISTORY OF CRAWFORD COUNTY.
Jean Marie Quere.
Farm Lot No. 32
Charles Lapointe
do
33
Pierre Lessard,
do
34
Andre Bisin.
do
13
Strange Poze [Powers].
do
35
Francois Lapointe, Sr.
do
36
Francois Provost.
do
15
Jean Marie Quere
do
16
Pierre Lessard.
do
17
Francois Lapointe
do
18
Charles Lapointe.
do
19
Bartolome Monplaisir.
do
20
UPPER VILLAGE LOTS NOT CONFIRMED.
Jean Marie Cardinal Village Lot No. 8
Michael Perillard.
do
9
Michnel Brisbois.
do
2
Nicholas Boilvin.
do
3
La Framboise.
do
4
Wilfred Owens do
5
Jean Baptiste Coran do
Jean F. Rolette. do
8
Wilfred Ovens.
do
12
Nicholas Boilvin
do
13
American Fur Company
do
14
Michael B isboix
do
15
Francois Bouthellier
du
16
Joseph Rolette.
do
17
The heirs of James A:rd
do
18
Marshal Mann
do
19
Charles Lapointe. do
20
Joseph Rolett.
do
21
MAIN VILLAGE LOTS NOT CONFIRMED.
James McFarlane.
Village Lot No. 22
Antoine Lachapelle
do 23
Francois Galorneau
do 24
Joseph Crete. do
25
No claimant.
do 26
Wilfred Owens
do
27
Oliver Cherrier.
do
28
Augustus Roc. .
do
29
Duncan Campbell.
0
30
Pierre Lessard.
do
31
Thomas McNair
do
32
Etienne Dyanne.
do
33
Josep Rolctte.
do
34
John W. Johnson
do
3.5
Theodore Lupin.
do
36
Pierre Courville.
do
37
UPPER VILLAGE LOTS CONFIRMED.
Michael Brisbois
Village Lot No.
1
Benjamin Cadotte.
do
2
Pierre Charlefou .. .
do
3
Francois Ver. efeuille.
do
4
Alexander Dumont.
do
5
Augustus Hebert. Village Lot No. 6
Joseph Rivard.
do
7
Strange Poze [or Powers] do
14
Francois Lapointe, Jr
do
37
Michael Lapointe
do
38
Pierre Lessard.
do
39
Therese Lapoin'e,.
do 40
Charles Lapointe.
41
Joseph Lemrie
do
42
Thomas McNair
do
43
MAIN VILLAOE LOTS CONFIRMED .
Michael Brisbois.
Village Lot No. 1
Pierre Lapointe do
Benjamin Roy do
11
John Simpson. do
12
EXTINGUISHIMENT OF INDIAN TITLE.
TERRITORY OF MICHIGAN, SS.
COUNTY OF CRAWFORD, S
Be it remembered, that on this day personally appeared before me, Isaac Lee, a justice of the peace in and for said county, and agent duly appointed to ascer ain the title to lands at Green Bay and Prairie des Chiens, Dennis Courtois, of sud county, who, after being sworn according to law, deposeth and saith that he is fifty-two years old; that he has been a resident of Prairie des Chiens twenty-nine years; that, according to the best information he has been able to obtain from the tradition of the inhahabitants of Prairie des Chiens, the old French fort was burn- eil during the second year of the Revolutiona- ry War; that he has no knowledge of any build- ing or fence being erected on the same ground since that time, but that the land between the said fort and the hills or bluffs was occupied before and since the time that deponent arrived in this country; that Prairie du Chien has been formerly ocenpied much in the manner of an Indian village, the lands being alternately in common, and improved in detached parts as each should please, and this by the common consent of the villagers, since deponent's arri- val in the country; that he (deponent) has been uniformly told by the old French inhabitants of the prairie, that it was bought and paid for by
17
.
10
270
HISTORY OF CRAWFORD COUNTY.
the French many years ago; that he has never heard any Indian make claim to said lands.
DENNIS COURTOIS.
Sworn [to] and subscribed before me, this 21st of October, A. D. 1820. ISAAC LEE, J. P. C. C. and Agent.
TERRITORY OF MICHIGAN, COUNTY OF CRAWFORD. S
SS.
Be it remembered, that on this day person- ally appeared before me, Isaac Lee, a justice of the peace in and for said county, and agent duly appointed to ascertain the title to lands at Green Bay and Prairie des Chiens, Michael Brisbois, of said county, who, after being sworn according to law, deposeth and saith that he, this depo- nent, is sixty years of age; that he has been thirty-nine years in this country; that from the best information he has been able to obtain, and from his own knowledge, Prairie du Chien, ex- tending from the month of the river Ouiscon- sin [Wisconsin] to the upper part of the prairie, has been occupied and cultivated in small im- provements, in virtue of sundry claims of French people, both before and since deponent's arrival in the country; that he (deponent) has never heard of any Indian claim to said tract, except that, about eighteen years ago, the French people became somewhat apprehensive as to their title which fact being made known to the Indians, one of the first chiefs of the Fox Nation, named Nanponis ratified at Cahokia, near St. Louis, an ancient sale of said prairie to the French; that in the year seventeen hundred and eighty- one Gov. Sinclair bought the island of Michilli- mackinac, Green Bay and Prairie du Chien; that this deponent saw the papers relating to said purchase executed and folded up, to be sent to Montreal or Quebec; deponent was informed on his first arrival at this place, that it derived its name from a large family called Des Cheins, who formerly resided here; that the same fami- ly, or their descendants, were at the time of deponent's arrival, and were called "Des Chiens."
M. BRISBOIS.
Sworn [to] and subscribed before me, this 21st day of October, A. D. 1820. ISAAC LEE,
J. P. C. C. and Agent.
TERRITORY OF MICHIGAN, } SS.
COUNTY OF CRAWFORD, S
Be it remembered, that on this day person- ally appeared before me, Isaac Lee, a justice of the peace in and for said county, and agent duly appointed to ascertain the title to lands at Green Bay and Prairie des Chiens, Pierre La Pointe, of said county, who, after being sworn according to law, deposeth and saith that he is seventy years of age; that he has been forty-four years in this country, of which period he has resided thirty- eight years at Prairie des Chiens; that, in the year seventeen hundred and eighty-one, this deponent was at Michilimacknac, and acted in the capacity of interpreter at the treaty held by Gov. Sinclair with the Indians, for the pur- chase of the islands of Michillimackinac, Green Bay and Prairie des Chiens; that during the time deponent has resided at the prairie he has never known the Indians to make claim to said tract of land as their property; that deponent was pres- ent at Prairie des Chiens and saw the goods de- livered to the Indians in payment for the said prairie, by Bazil Giard, Pierre Antaya and An- gustin Angi,according to the stipulations of the treaty with Gov. Sinclair, above-mentioned.
PIERRE LA POINTE, his X mark.
Sworn [to] and subscribed before me, this 23d day of October, A. D. 1820.
ISAAC LEE, J. P. C. C. and Agent. CLAIM FOR VILLAGE COMMON. Territory of Michigan, to-wit:
I, Isaac Lee, agent appointed to receive claims to land at the settlements of Green Bay and Prairie des Chiens, and to take down and receive testimony concerning them, do certify that the whole extent of the prairie on which is situated the village of Prairie des Chiens, excepting so much of it as is fenced, and in the exclusive possession of individuals, is claimed by the vil- lagers and inhabitants of that settlement as a common appurtenent to the village, and tha
271
HISTORY OF CRAWFORD COUNTY.
many objections were urged against some of the claims preferred, lest they should ultimately be found to encroach upon that common.
I further certify that no testimony was ten- dered to me to establish the said claim, as all the inhabitants residing there felt equal interest in establishing the claim, and might not, there- fore, be considered competent witnesses; but that, as an individual, and in my official capac- ity, I made diligent inquiry in relation to this matter, especially among the oldest and most intellgient of the inhabitants; the result of which was, the most entire conviction in my own mind that, in truth, from the earliest periods in the history of this settlement, all that part of the said prairie not enclosed and in the exclusive occupancy of individuals, was, and continually has been, and is used as a common appurtenent to said village and settlement, in which all the inhabitants are acknowledged to have an equal interest.
I further certify that among the mostaged of the inhabitants of the prairie, none could be found who could recollect, or who had any knowledge of the first establishment of the French there, nor could any satisfactory account be obtained by any traditions among them touching this point. The remains of what is commonly called the Old French fort are yet very distinguishable. Though capacious and apparently strong, it was probably calculated for defense against musketry and small arms only. None can recollect the time of the erec- tion of this fort-it was far beyond the memory of the oldest; nor can the time of its erection be determined by any evidence to be obtained. Some difference of opinion seems to exist there as to the question whether it was originally built by the French or by the Spanish govern- ment. It is evidently very ancient.
ISAAC LEE, Agent.
CONTEST FOR VILLAGE LOT NO. 14.
The American Fur Company laid claim to a traet upon the "prairie," which is thus described by the agent, Isaac Lee:
VILLAGE LOT NO. 14 AMERICAN FUR COMPANY :
Entry of land made this tenth day of October, one thousand eight hundred and twenty, by John Jacob Astor, Ramsay Crooks and Robert Stewart, merchants, known by the firm [name] of "The American Fur Company," which is de- scribed as follows, viz., it being village lot mm- ber fourteen, bounded in front by Water street, on the east by the lower marais, on the north by lot numbered thirteen, claimed by Nicholas Boilvin, on the south by lot number fifteen, claimed by Michael Brisbois, and is ten rods in width and about one hundred and fifty rods in depth.
TESTIMONY.
Michael Brisbois, being duly sworn deposeth and saith that the above described tract or lot of land was occupied thirty-one years ago by John Stork, who sold to Andre Todd, who sold to John Campbell, who sold to Lewis Crawford, who sold to the J.ichillimackinac Company, who sold to the Southwest Company, and is now claimed by the American Fur Company, that the occupation has been kept up by the aforesaid individuals and_companies for the said period of thirty-one years, or until it was taken posses- sion of by John W. Johnson.
ANOTHER DEPOSITION CONCERNING THE SAME
TRACT.
Dennis Courtois being duly sworn deposeth and saith that the aforesaid tract of land was occupied in the year one thousand seven hun- dred and ninety-three, by John Stork, who sold said possession to Andre Todd, who sold to John Campbell, who sold to Lewis Crawford, who sold to the Michillimackinac Company, who sold to the Southwest Company, and is now claimed by the American Fur Company; and that said claim has been occupied by the above named individuals and companies from ore thousand seven hundred and ninety-three to one thousand eight hundred and sixteen, when it was taken possession of by John W. Johnson. PROTEST.
lohn W. Johnson, United States' factor at Prairie des Chiens, enters, on behalf of the
272
HISTORY OF CRAWFORD COUNTY.
United States, a protest against the granting of a final certificate , by the commissioners to the American Fur Company on their claim to a cer- tain lot of land situated in the village of Prai- rie des Chiens, numbered by Judge [Isaac] Lee, the United States agent, lot No. 14, and bounded in front by Water street, in the rear by the marais, on the south by a lot claimed by Michael Brisbois, said lot being ten rods in front by abont 150 in depth; and on the behalf of the United States, and for the information of the said commissioners, he further states that, on the 26th day of May, one thousand eight hun- dred and sixteen, he, the said Johnson, arrived at Prairie des Chiens; and, on the twenty- seventh day of said month, entered into an agreement with Francois Bouthellier, agent for the Southwest Fur Company to rent the build- ing belonging to said company and erected on said lot, as Indian factor, on behalf of the United States; that, on the twenty-first day of June following, and shortly after the departure of the said Bonthellier from the Prairie, Briga- dier General [T. A.] Smith informed the said Johnson that he should no longer pay rent to the said Southwest Company for the said build- ings, as he said he felt authorized in taking pos- session of the said buildings for the use of the United States; in consequence of which the said Johnson, as factor aforesaid, ceased to pay rent from that time, and still continues in the occupancy of the said buildings as publie prop- erty; and the said Johnson further states that he has since erected other buildings and made various repairs and improvements on said lot at the expense of the United States and under the sanction of the United States Superintendent of Indian trade; the items of which said build- ings, repairs and improvements, will probably amount to about three thousand dollars as will appear from the schedule hereto annexed, or as will more accurately appear by reference to the accounts rendered by said Johnson, in the office of the said Superintendent of Indian trade, at Georgetown, District of Columbia.
JOHN W. JOHNSON, U. S. Factor.
The following were the documents which ac- companied the foregoing protest:
Article of Agreement between John W. John- son and F. Bouthellier.
Agreed with Francois Bouthellier to rent the houses which he occupies, the property of the Southwest Company, from this day until the last day of August next, unless he thinks proper to leave them before that time, at the rate of twenty-seven dollars per month; pro- vided, nevertheless, that John W. Johnson, United States factor, should refuse to leave the said house after giving him fifteen days notice, from the thirty-first day of July next, to pay the sum of three hundred dollars damages, if he refuses to deliver the premises without pro- ceeding to law; in case that the said houses should be sold at Michillimackinac to be deliv- ered before the end of August.
Made between both parties, duplicate, bona fide, at Prairie des Chiens, the twenty-seventh day of May, one thousand eight hundred and sixteen.
JOHN W. JOHNSON, F. BOUTHELLIER.
Witness: ROBERT B. BELT.
DEPOSITION OF JOHN W. JOHNSON, ESQ., UNITED STATES FACTOR AT PRAIRIE DES CHIENS.
I, John W. Johnson, U. S. factor, of lawful age, do testify and say that, on the twenty-sixth day of May, in the year one thousand eight hundred and sixteen, I arrived at Prairie des Chiens, in the Territory of Michigan, and, on the twenty-seventh of said month, entered into an agreement with Francois Bouthellier, agent for the Southwest Fur Company, to rent the buildings belonging to said company at said Prairie des Chiens. On the twenty-first day of June following, Brigadier General Thomas A. Smith called on me shortly after the departure of said Bonthellier, and informed me that I would no longer pay rent, as he felt himself warranted in taking possession of said buildings for the United States. I accordingly, from that time, stopped paying rent, and have occupied,
273
HISTORY OF CRAWFORD COUNTY.
and still continue to occupy said premises as public property. I have also erected additional buildings, and made various improvements on them, at the expense of the United States and under the sanction of the Superintendent of the Indian trade.
JOHN W. JOHNSON, U. S. Factor. Sworn [to] and subscribed before me, this twenty-first day of October, 1820.
ISAAC LEE, J. P. C. C. and agent. EXTRACT FROM A LETTER FROM BRIG. GEN. T. A. . SMITII TO MR. CALIIOUN.
FRANKLIN, M. T., Sept. 2, 1819.
SIR :- I have the honor to acknowledge the receipt of your communication of the twenty- first of July and the several enclosures. The buildings at Prairie des Chiens, for which a man by the name of Astor claims rent, was oe- eupied by the factor, in conformity with my in- structions, while in command of the ninth mili- tary department. These instructions were given after my having ascertained from the intruders at that place that the only claim they had to the soil was the permission of the Indians to reside there for the purposes of trade. These persons having in violation of the laws taken possession of public lands were subject to fine and impris- onment. Iwould hure destroyed the settlement, and delivered the mule part of the inhabitants to the civil authority to be prosecuted for the in- trusion, but for the impression that they could be made useful in provisioning a post so remote. The officer left in command was authorized to carry this view of the subject into effect ichenerer he should deem it expedient .*
INDIAN OFFICE GEORGETOWN, } Feb. 27, 1823.
SIR: Mr. John W. Johnson, the late factor at Prairie du Chien, has informed me that, when he established the factory at that place, he rented from one of the settlers a house for the accommodation of the factory until he could
put up buildings for the purpose; that in the meantime, Gen. Smith having taken the com- mand at that place, considered himself author- ized by his instructions to dispossess some of the settlers, and, among others, the person from whom he rented, and put him in possession of the property as public property, with direc- tions not to pay rent. In consequence of this Mr. Jolinson proceeded to put up buildings for factory, which it appears from the last returns are estimated at upwards of $6,000. In 1820, the American Fur Company (Mr. Astor) pre- sented a claim to the commissioners sitting at Detroit for this property. The commissioners made a partial decision, referring the final de- cision to the government. On this decision, the American Fur Company brought suit against Mr. Johnson for all the back rents, amounting to several thousand dollars. The court at De- troit has continued the suit, until a final decision on the claim is made by competent authority.
Observing that an act has lately passed for the adjustment of the land claims in the territory of Michigan, I have deemed it proper to make this communication, in order that you may give such instructions to the persons authorized to carry the law into effect as you my think neces- sary to protect the interest of the United States in this property. I am not advised of the nature of the decision of the commissioners at Detroit on this particular claim. I called at the land oflice, but was informed that the report of the commissioners had been sent to the Senate. It is presumed that the property will be protected by the provision in the third section of the late act. With very great respect, your most obedi- ent servant, GEORGE GRAHAM,
Agent. To Hon. William I. Crawford, Esq., Secre- tary of the Treasury.
COMMISSIONER'S REPORT.
Report concerning land titles at Prairie des Chiens, in the county of Crawford and territory of Michigan:
* The Italic are the Editors of this History, to the end that attention may be particularly called by the readerto the un- certain tenure by which the people of the country held their hemes in 1816.
274
HISTORY OF CRAWFORD COUNTY.
Few difficulties have been met with by the commissioners in their investigations of these titles; they are not individually intricate. The determination of a few principles of general applicability has furnished a rule by which they have all been decided; for they rest upon long continued possession.
Notwithstanding the high antiquity which may be claimed for the settlement of Prairie des Chiens, and the very considerable numbers of which it has so long consisted, no one perfect title, founded upon French or British grant legally authenticated, has been succesfully made out; comparatively but few deeds of any sort have been exhibited to us. 'T an American, unacquainted with the astonishing carelessness of the Canadians in respect to whatsoever concerns their land titles, this fact must seem unaccountable. It nevertheless ac- cords with whatever is known in this regard of the French population throughout this country.
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