History of Crawford and Richland counties, Wisconsin, Part 46

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 46
USA > Wisconsin > Crawford County > History of Crawford and Richland counties, Wisconsin > Part 46


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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FORMING AND NAMING THE COUNTY.


"WHEREAS, by the seventh section of the act of Congress, passed April 18, 1818, entitled, "An Act to enable the people of the Illinois territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," it is provided, 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, and which is situated, north of,and not included within the boundaries prescribed by this act, to the State hereby authorized to be formed, shall be, and hereby is attached to and made part of the Michigan territory, from and after the for- mation of the said State; and whereas the con-


tingeney, upon which the annexation of the said tract of country to the said territory of Michigan, has occurred, by the formation of the State of Illinois,


"Now therefore, I do by these presents proclaim the same, and that the inhabitants of the said tract of country, are by the said act of Con- gress, "entitled to the same privileges and im- munities, and subject to the same rules and regulations, in all respects, with the other citi- zens of the Michigan territory.


"And I do, by virtue of the ordinance of Congress, of July 13, 1787, lay out that part of the tract of country to which the Indian title has been extinguished, included within the fol- lowing boundaries, namely: "Bounded on the north by the county of Michillimackinac, as es- tablished by an act of the governor of the said territory,of this date;on the east by the said,coun- ty of Michillimackinac, and by the western boun- dary of the said territory, as the same was estab- lished by the act of Congress, passed January 11, 1505, entitled, An Act to divide the In- dian territory into two separate governments;' on the south by the States of Indiana and Illi- nois, and on the west by a line to be drawn due north from the northern boundary of the State of Illinois, through the middle of the portage between the Fox river and the Ouisconsin river to the county of Michillimackinac, into a sepa- rate county, to be called the county of Brown.


"And I do establish the seat of justice of the said county of Brown, at such point on the Fox river, and within six miles of the mouth thereof,


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HISTORY OF CRAWFORD COUNTY.


as may be selected by a majority of the judges of the county court of the said county.


"And I do, by virtue of the ordinance afore- said, lay out that part of the tract of country to which the Indian title has been extinguished, in- cluded within the following boundaries, namely: Bounded on the north by the county of Michillimackinac, on the east by the county of Brown, on the south by the State of Illinois, and on the west by the western boundaries of the territory of Michigan, into a separate county, to be called the county of Crawford.


"And I do establish the seat of justice of the said county of Crawford at the village of Prai- rie du Chien.


"In testimony whereof, I have caused these letters to be made patent, and the great seal of the said territory to be hereunto affixed.


"Given under my hand at Detroit, this twenty- sixth day of October; in the year of our Lord one thousand eight [L. S.] hundred and eighteen, and of the Independence of the United States, the forty-third,


LEWIS CASS."


In order to understand what extent of coun - try was, by this proclamation, formed "into a separate county, to be called the county of Craw- ford," it is necessary to know that the south- ern limits of the county of Michillimackinac, as established by the governor at the same date, ran across from Lake Michigan to the Missis- sippi, east and west, near the northern limits of the present county of Barron.


Crawford county was thus named by Gov. Cass after Fort Crawford, the military post then located at Prairie du Chien.


THE COUNTY REDUCED TO ITS PRESENT LIMITS.


It was not until 1829, that the limits of Craw- ford county, as defined by the proclamation of the governor of Michigan, Oct. 26, 1818, were disturbed. In that year, the Legislative Council of the territory of Michigan, by an act approved October 29th, to take effect the 1st day of January, 1880, formed out of its area, a


new county which received the name of Iowa, embracing the whole of Crawford county lying south of the Wisconsin river; so that the county last named was now limited to the region north of that stream. But it still embraced what are now the counties of St. Croix, Dunn, Pepin, Eau Claire, Taylor, Clark, Buffalo, Trempea- leau, Jackson, Wood, Adams, Juneau, Monroe, La Crosse, Vernon, Sauk and Richland; and parts of Green, Dane, Columbia, Marquette, Waushara, Portage, Marathon, Lincoln, Chippewa, Barron and Polk counties.


Crawford county remained with its bounda- ries unchanged, after the passage of the act of 1829, until 1834, when its eastern boundary was restricted to the Wisconsin river above the por- tage, by the Legislative Council of Michigan territory extending the western boundary of Brown county to that stream; so that now Crawford county had that river for its entire southern and eastern boundary. No other changes were made in the boundaries of the county so long as it remained a part of Michi- gan territory.


In 1836 the territory of Wisconsin was formed and Crawford county, of which it was a part, was soon shorn of a portion of its area by the Legislature of the new territory. This was effected by the formation of Portage county, which extended across the Wisconsin river, by virtue of an act approved Jan. 12, 1838, entitled:


"AN ACT establishing a county, to be called Portage, defining its territory, etc.


SECTION 1. Be it enacted by the Council and. House of Representatives of the territory of Wisconsin, that township number 10, range 6, township number 10, range 7, townships num- bers 10 and 11, in range 8, townships 10, 11, 12 and 13, in ranges 9, 10, 11 and 12, east of the fourth principal meridian, and the territory within the following described boundaries, viz .: Crossing the Wisconsin river on the township line between 10 and 11, six miles due west; thence up in a line parallel and six miles from


-


Hoking


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HISTORY OF CRAWFORD COUNTY.


the west shore of said river, to a point opposite to the upper rapids thereof, and thence due east to said rapids, be, and the same is hereby established and declared to be a county, with the name of Portage, and the seat of justice is hereby established at Kentucky city.


"SEC. 2. All acts and parts of acts, which in any way contravene the provisions of this act, are hereby declared to be null and void."


But the loss sustained by Crawford county in the Legislature extending the county of Portage across the Wisconsin, was much more than com- pensated for, seven days after, by the addition of a large extent of country on the north. It happened in this way: The northern portions of Wisconsin territory had, while a part of Michigan territory, formed parts of the counties of Michillimackinac and Chippewa, as already explained. The dividing line between the State of Michigan and the territory of Wisconsin, as established in 1836, left the county seats of these two counties outside of Wisconsin terri tory; so now there was a considerabe arc: within the limits of the latter without any of ganization. All this was added "for all judi cial purposes" to Crawford county, by an ac. of the Legislature of Wisconsin territory, ap- proved Jan. 19, 1838, which was as follows:


An act to enlarge the county of Crawford.


SECTION 1. Be it enacted by the Council und House of Representatives of the Territory of Wis- consin, That all that part of Wisconsin territory lying south and west of Lake Superior, and east of the Mississippi and Grand Fork rivers, and north of the Wisconsin river, heretofore not included in any other county in this terri- tory, be, and the same is hereby attached to and made a part of Crawford county, for all judicial purposes."


As the county was now constituted, it in- cluded, for judicial purposes, nearly all of what is now the State of Wisconsin north and west of the Wisconsin river, and so much of the pres ent State of Minnesota as lies east of the Mis- sissippi and Grand Fork rivers. But, because |


of the spread of settlements, it was not destined to long remain with such an extended area. It commenced in 1840 to be shorn of its wide do- main, by the formation of the counties of Sauk and St. Croix.


In 1839 an election precinct was established by the commissioners of Crawford county, at Sauk Prairie, and an election was there held in the fall of the same year, at which fourteen votes were cast, returns being made to Prairie du Chien. Owing to the difficulty of communi- cating with so distant a county seat, the citizens petitioned the Legislature to set off a new county. Accordingly by an act of Jan. 11, 1840, the county of Sauk was formed, comprising townships 8, 9, 10, 11, 12 and 13, of ranges 3, 4, 5, 6 and 7, east, lying north and west of the Wisconsin river. To this, township 13, of range 2 east, was added in 1849.


But the loss of territory on the south by the formation of Sauk county was not all the di- minution suffered by Crawford county in 1840; for, by an act of the territorial Legislature passed January 9, to take effect August 1, of that year, "all of the territory of Wisconsin lying west of a line commencing at the mouth of the Porcupine river, on Lake Pepin, thence up said river to its first forks, thence on a di- reet line to the Meadow Fork of Red Cedar river, thence up said river to Long Lake, thence along the canoe route to Lac Courte Oreille, thence to the nearest point on the Montreal river, thence down said river to Lake Superior, thence north to the United States boundary line," was formed into a separate county, and named St. Croix.


On the 18th of February, 1841, the county of Portage was enlarged, which deprived Craw- ford of a considerable tract. This was done by the passage of an act entitled:


An Act to enlarge the boundaries of Portage county and for other purposes.


Be it enacted by the Council and House of Representatives of the Territory of Wisconsin ;


20


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HISTORY OF CRAWFORD COUNTY.


"SECTION 1. That all that district of country lying immediately north of the counties of Sauk and Portage, and comprised in ranges two, three, four, five, six, seven, eight and nine, east of the fourth principal meridian, and extending north to the northern boundary of the territory except fractional townships fourteen and fifteen north, in range nine east, shall be, and the same is hereby annexed to and made a part of the county of Portage."


Following this, was the creation in 1842, out of a part of Crawford, of the county of Rich- land. During the winter of 1841-2, the few residents of what is now that county, held a mass-meeting at the Eagle mill and prepared a petition to the territorial Legislature, then in session, setting forth their desire to be detached from Crawford county, in which they then be- longed, and to be set apart in a new county. In compliance with this request, by an act dated Feb. 18, 1842, a new county was formed and named Richland, having its present bound- aries, so the limits of Crawford county were materially narrowed.


In 1845 still another diminution of territory took place; for on the 3d of February, of that year, the Legislature passed


An act to divide the county of Crawford, and to organize the county of Chippewa.


Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:


SECTION 1. That the county of Crawford shall be limited to that district of country which lays north of the Wisconsin and east of the Mississippi rivers, and south of a line be- ginning at the mouth of Buffalo river, thence up the main branch of said river to its source, thence in a direct line to the most southern point on Lake Chetac, thence in a direct line drawn due cast until it intersects the western boundary line of Portage county, as enlarged by an act approved Feb. 18, 1841 ; and west of the western boundary lines of the counties of Portage and Richland.


SEC. 2. That all that district of country lying west of Portage county enlarged as afore- said, north of the northern boundary line of Crawford county aforesaid, east of the Missis- sippi river and south of the boundaries of the county of St. Croix, as prescribed in the act ap- proved Jan. 9, 1840, organizing said county, to be known under the name of Chippewa county.


By an act approved Jan. 14, 1846, concern- ing the boundary line between the counties of Crawford and Chippewa, it was declared as fol- lows:


SECTION. 1. That the boundary line between the counties of Crowford and Chippewa, shall be a line commencing at the mouth of Buffalo river, on the Mississippi river, thence up the main branch of Buffalo river to its source, thence along the dividing ridge between the waters of Chippewa river and Black river, until it reaches the head waters of Black river, thence in a lireet line drawn due east until it intersects the western boundary line of Portage county, as en- larged by an act approved Feb. 18, 1841, which line shall hereafter be the northern boundary of Crawford county, and the southern boundary of Chippewa county, any law to the contrary not- withstanding."


By the Revised Statutes of 1849, it was de- clared that "the district of country included within the following boundaries" should form and constitute the county of Crawford:


"Beginning at a point in the western bound- ary line of this State, in the Mississippi river, opposite the mouth of the Wisconsin river; and running thence northerly on the boundary line of this State, in said Mississippi river, to a point opposite the mouth of Buffalo river ; thence on the southern boundary line of Chip- pewa county, until it strikes the range line be- tween ranges 1 and 2, east of the meridian aforesaid; tbence south on said range line to the northeast corner of township 12, north of range I east; thence west on the township line, to the northwest corner of township 12, north


1


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HISTORY OF CRAWFORD COUNTY.


of range 2 west of said meridian; thence south on the range line, to the middle of the Wiscon- sin river; thence down the middle of the main channel of said river, to the place of begin- ning."


The last dismemberment of the county ("the most unkindest cut of all") was brought about by the passage of the following act and the amendment thereto:


An act to divide the county of Crawford and organize the counties of Bab Ax and La Crosse.


The People of the State of Wisconsin, repre- ยท sented in Senute and Assembly, do enact as fol- lors :


SECTION 1. All that portion of the county of Crawford lying between sections 19, 20, 21, 22, 23 and 24, in township 11 and township 15. north of ranges 2, 3, 4, 5, 6 and 7 west, be and hereby is organized into a separate county, to be known and called by the name of Bad Ax ; and all that portion of Crawford county lying north of township number 14, north of ranges 2, 3, 4, 5, 6 and 7, be and hereby is organized into a separate county to be known and called by the name of La Crosse.


SEC. 2. On the first Tuesday in the month of April next the electors of said counties of Bad Ax and La Crosse shall, in addition to electing their town officers, vote for and elect all officers necessary for a complete county organization, and the county officers so elected shall qualify by bond and oath as prescribed by law, and en- ter upon the duties of their respective offices upon the third Monday of May and continue in office until the first Monday of January, one thousand eight hundred and fifty-two, and until their successors are elected and qualified. It is hereby made the duty of the clerk of the board of supervisors of the county of Crawford to make out notices of such elections, to be posted in the respective counties upon the publication of this act; and the sheriff of Crawford county shall


canse the said notices to be duly posted as in other general elections.


SEC. 3. The county of Bad Ax shall remain one town until the board of town supervisors shall divide the same into three or more towns, and the supervisors, town clerk, and town treas- urer may act as and be county officers for such offices respectively.


SEc. 4. All that portion of the county of La Crosse laying south of townships range No. 19, is hereby organized in a separate town to be called the town of La Crosse, and the towns of Albion and Pine Valley shall retain the present respec- tive boundaries except as herein altered; and the county board of supervisors shall have power at any time to organize new towns or al- ter the boundaries of any town or towns.


SEC. 5. The county of Crawford as so organ- ized.shall constitute and be one town and the town supervisors shall also be the board of county supervisors; the board of county super- visors shall have power at any time to divide the county into three or more towns according to law, when they shall deem it necessary.


SEC. 6. From and after the third Monday of May next, the said counties of Bad Ax and La Crosse shall be organized for judicial [and] county purposes, and for all purposes and matters whatever, and the county of Chippewa shall be attached to the county of La Crosse for judicial purposes. The circuit court shall be holden in the county of Bad Ax on the third Monday of May and fourth Monday of November of each year, and in the county of La Crosse on the fourth Monday of February and the fourth Mon- day of August of each year.


SEC. 7. All writs, process, appeals, suits, reconizances, or other proceedings whatever al- ready commenced, or that may hereafter he commeneed, previous to the third Monday of May next, in the county or circuit court of Crawford county, shall be prosecuted to a final judgment, order, or decree, and execution may


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HISTORY OF CRAWFORD COUNTY.


issne thereon and judgment, order or decree may be carried into execution in like manner, and the sheriff of said county shall execute all process therein in like manner as if this act had not passed, anything in this act to the contrary notwithstanding.


SEC. 8. The returns of all elections provided for in this act shall be made for the county of Bad Ax to the clerk of the board of supervisors of the present town of Bad Ax, who shall issue certificates, within ten days from the time of holding such election, to the persons elected to the respective offices. The returns for the county of La Crosse, shall, so far as county of- ficers are concerned, be made to the clerk of the board of town supervisors for the town of Albion, and said clerk shall issue like certifi- cates of election within fifteen days after said election, to the persons duly elected.


SEC. 9. The county seat of the county of Bad Ax shall be at such place as the board of supervisors shall designate, until a place shall be permanently located by election upon that subject, and the qualified electors may vote at any election for the permanent location, and the place (designated by ballot) that shall have a majority of all the votes cast on that subject shall be the permanent county seat for said county.


SEC. 10. The county seat of the county of La Crosse shall be located at the village of La Crosse for the term of three years, upon condi- tion that the people of the town of La Crosse shall furnish suitable buildings for county pur- poses free of all cost or expense to the county for such buildings: Provided, that if such buildings are not prepared within one year that the county seat shall be permanently located at such place as. shall be designated by ballot, at any election of the county, previous notice for thirty days having been given that such election will be held, and the place having a majority of all the votes cast upon that subject,


shall be the county seat of said county. And in case no place shall be selected, the board of supervisors shall designate some suitable place for the same purpose.


GEO. H. WALKER,


Speaker of the Assembly, pro-tem. SAMUEL W. BEALL,


Lieut. Governor and President of Senate. Approved March 1st, 1851.


NELSON DEWEY.


An act to amend an act entitled "An Act to divide the county of Crawford, and organize the counties of Bad Ax and LaCrosse."


The People of the State of Wisconsin, rep -. resented in Senate and Assembly, do enact as follows :


SECTION 1. All that portion of the county of Crawford, included within the following bound- aries, shall form and constitute, and is hereby organized into a separate county, to be known and called by the name of Bad Ax, viz : Begin- ning at the northwest corner of the county of Richland, thence running south on the range line between ranges two and three west, to the north- east corner of section 24, of township 11, north of range 3 west; thence west on the section line to the boundary line of this State, in the main channel of the Mississippi river; thence north- erly on the boundary line of this State, in the said river, to the point of intersection of said bound- ary line and the township line between town- ships 14 and 15 north; thence east on said town- ship line to the northeast corner of township 14 north, of range 1 east; thence south on the range line between ranges 1 and 2 east, to the southeast corner of township 13, of range 1 east; thence west on the township line between 12 and 13 to the place of beginning; and all of that portion of the county of Crawford lying north and southwest of the said county of Bad Ax be, and hereby is organized into a separate county to be known and called by the name of La Crosse.


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HISTORY OF CRAWFORD COUNTY.


SEC. 2. Section one of the act to which this is amendatory is hereby repealed.


FREDERICK W. HORN, Speaker of the Assembly. DUNCAN G. REED, President pro tem. of the Senate.


Approved, March 1, 1851.


NELSON DEWEY.


It was thus that Crawford county was re- duced to its present limits ; and the Re- vised Statutes of 1858 enacted that: "The district of country included within the fol- lowing boundaries shall form and constitute the county of Crawford, to-wit: Beginning at a point in the western boundary line of this State in the Mississippi river, opposite the month of the Wisconsin river, and running thence east- erly up the middle of the main channel of the Wisconsin river, to a point where the range line between ranges 2 and 3, west of the me- ridian aforesaid, intersects the middle of said main channel; thence north on said range line, to the northeast corner of section 24, of town- ship 11 north, of range 3 west; thence west on the section line to the west boundary line of this State, in the main channel of the Mississippi river ; thence southerly on said boundary line to the place of beginning."


The limits of the county as thus defined have, by the Revised Statutes of the State, published since that date, been re-affirmed; so that the extent of its territory is well understood and, doubtless, established permanently.


THE COUNTY ORGANIZED.


Steps were soon taken by Gov. Cass, after the issuing of his proclamation of October 26, 1818, forming and naming the county of Craw- ford, to organize it. The officers to be ap- pointed were a chief justice of the county court, two associate justices, a judge of probate, a clerk of the court, a register of probate and of deeds, a sheriff, three justices of the peace, and three county commissioners. The Michi- gan executive, not having at hand sufficient data to warrant him in making out the appoint-


ments for the different offices, hit upon the plan of sending blank commissions to be filled after agreement among the citizens as to the proper persons to hold these offices. Accordingly, the principal inhabitants, after receiving the pro- clamation of Gov. Cass, assembled at the house of Nicholas Boilvin, in Prairie du Chien, to determine what names should be inserted in the blanks of the commissions sent from Detroit. Boilvin, being already a justice of the peace, under a previous appointment, was authorized to administer the oath of office to those persons agreed upon at the meeting. The result of the deliberation at the citizens' meeting was as fol- lows: For chief justice, John W. Johnson ; associate justices, Francis Bouthillier and Wil- fred Owens; judge of probate, Wilfred Owens; clerk of the court, John S. Findly ; register of probate and of deeds, John P. Gates; sheriff, Thomas MeNair; justices of the peace, James H. Lockwood, Nicholas Boilvin (already com- missioned) and John W. Johnson ; county com- missioners, Joseph Rolette, James H. Lockwood and Dennis Courtois, all of "Prairie des Chiens." The clerk of the court was ex-officio county clerk.


The blank commissions, brought out from Detroit by an army officer, reached Prairie du Chien in the spring of 1819. The names of the citizens chosen at the meeting for the respective offices were inserted in the blanks, and the oath of office was administered to each by Nicholas Boilvin, justice of the peace, and thereupon they entered upon the discharge of their official duties. This completed the organization of the county.




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