History of Grant County, Wisconsin, Part 62

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: Chicago : Western Historical Co.
Number of Pages: 1044

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412

HISTORY OF THE LEAD REGION.

accordingly bought one, old, to be sure, but serviceable-the price, $20. He will be worth as much, probably, a year hence.

June 11, 1825 .- I have just visited a discovery made by C. Armstrong and I. Thorn, about three-quarters of a mile south of the Cave Diggings. They dug twenty or thirty feet before they struck mineral. Two thousand pounds were taken out in three hours-six thousand pounds, at least, are in view on the west side of the diggings, and I struck mineral over one-half of the bottom. The hole is about five feet in diameter.

Lead was low, and Smith already begins to find that the miners appreciate the situation. The following extracts are significant, and indicate that the miners were not quite satisfied with the reign of Thomas, and were expecting a change. They were not delivering mineral to the licensed smelters with much alacrity :

July 4, 1825 .- The diggers generally are keeping back their mineral, some with the expectation of raising the price, and others in the belief that licenses will be obtained by smelters from below. I understand that Meeker offers $18, an increase of 50 cents on the former price.

July 22, 1825 .- Smith reported that in his opinion some regulation is necessary to enable the smelters to keep their furnaces in operation. The diggers are deluded with an expectation that mineral will rise, and, as they are generally able to hold on, they refuse to make deliveries.

July 22, 1825 .- Lieut. Low is here with twenty-five men, arrived on the 11th instant; he is encamped near the agency's establishment for a few days, and occupies the finished cabin, with my permission, until he can select a suitable site for building barracks.

Lieut. Low came here with his men to build barracks and remain to enforce the regulations and the collection of the lead rent, as well as to compel the miners to deliver their mineral to the licensed smelters, whether they desired to do so or not. Lieut. Low selected as a suitable site for barracks a point on the west side of Fever River, at about one and one-half miles below the agency establishment, cleared the ground, erected a flagstaff, but before the barracks were com- menced the order was countermanded, and Low left with his command. The point is still known as "Low's Point." Tholozan & Detandabaratz afterward had their smelting establishment on the east side of the river, about half a mile below Low's Point, or half way down the "Long Reach."

It is to be inferred that the orders of Lieut. Thomas were not always obeyed with the promptness desired by military officers. The following is selected from a large number of similar orders on record at that time, because Mr. Meeker was one of the prominent men at the mines, as well as to show that then, as in later days, such men sometimes took their own time:

To MR. MOSES MEEKER, Smelter :

FEVER RIVER, July 19, 1825.

Sir-By an order of Lieut. Thomas, of the 18th of May, 1825, you were required to erect the warehouse stipu- lated in your license as a smelter (at the place on Fever River where it will be designated to you), without delay, as it was required immediately. You have since, by consent, commenced the erection of a cabin in lieu of the store- house, and made considerable progress in that building. You are now required to erect a storehouse (agreeably to the stipulation in your license), from the foundation, on such ground as will be designated to you, or to complete the cabin, at your election. Should the order not be complied with within a reasonable time, the fact will be reported to the Principal Agent, and such measures adopted in the meantime as will be justified by the Twelfth Article of your license. By order, CHARLES SMITH, U. S. A.

The following orders indicate difficulty in securing obedience to established regulations :

Notice is hereby given to all the diggers of lead ore upon the public land in the vicinity of Fever River, Small- Pox and Apple Creeks, that they must forthwith deliver to the licensed smelters all the mineral they have dug ; and in future, the smelters, when guaranteeing the tax to the United States, will take measures to have the ore delivered at such times as may be convenient-at least once every month. A refusal on the part of any digger to comply with this order (which is in accordance with the true intent and meaning of the regulations) will cause his permit to dig to be forfeited, and the ore already obtained will be taken possession of by the agent, for the use of the United States. (Signed) M. THOMAS, Lieutenant U. S. Army, Superintendent of Lead Mines.

SEPTEMBER 5, 1825.

M. MEEKER, EsQ .:

FEVER RIVER, October 13, 1825.

Sir-Unless immediate provision be made for the hauling and smelting of mineral at the diggings, as well as for a satisfactory settlement thereof, notice will be given to diggers to deliver their mineral to licensed smelters, with- out regard to existing guarantees. It is necessary that the order of the 5th of September should be immediately complied with. I am, sir, CHARLES SMITH, U. S. Lead Mines, Fever River.

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HISTORY OF THE LEAD REGION.

The first recorded return of lead mineral received and on hand at the furnaces of M. Meeker and Bates & Van Matre, the only licensed smelters at that date, from April 3 to May 31, 1825, shows that Meeker received from sundry persons 30,342 pounds, and Bates & Van Matre, 25,601 pounds. Total number of diggers who have permits, 69. June 30, the number of diggers had increased to 89; July 31, 96. In August, the number of diggers permitted was 105. Five smelters reported in August, viz .; Meeker, Bates & Van Matre, Hardy, Jackson and N. Bates. At the end of September, there were 127 diggers, and the five smelters had manufactured during the month 154,323 pounds of lead.

The name of Gratiot first appears in these monthly reports in December, 1825, but he nade no return until June following.

The number of diggers at the end of December is reported at 151, but the aggregate amount of lead manufactured was only 2,792 pounds. January 31, 1826, the name of Gibson appears in the list of smelters ; diggers number 163; 29,185 pounds of lead manufactured, but the amount of mineral at the diggings was estimated at 425,000 pounds.

In April, 1826, the number of diggers was 287; amount of mineral at the diggings, 900,- 000 pounds ; lead manufactured, 78,528 pounds. May shows a rapid increase of the number of diggers-350. Mineral at the diggings accumulates, but only 6,927 pounds of lead are reported as manufactured by licensed smelters. In June, the first return of Gratiot appears- 406 diggers ; 173,479 pounds of lead. In July, 1826, Comstock's name appears among the licensed smelters-441 diggers; 140,781 pounds of lead, and 1,400,000 pounds of mineral at the diggings. October, 1826-Diggers, 548; smelters, 7; 269,405 pounds of lead ; 1,500,- 000 pounds of mineral at the diggings. This is the last report to be found.

Although this region was then heavily timbered, it seems that lessees and smelters were favored by the Government, and farmers and villagers had to go to the islands for their wood, as is shown by the following :

NOTICE.

Those persons who have received permission to occupy land in the vicinity of Fever River are hereby informed that all timber for fuel, fencing or building, must be obtained from the islands in the Mississippi, and from no other place in this vicinity, as the timber elsewhere is reserved for the purposes of smelters and lessees. (Signed) M. THOMAS, Superintendent of Lead Mines.

FEVER RIVER, June 5, 1826.

The following document will be interesting now, when people can own their land. Then, and for a long time afterward, the only title to land was by permit. All the people were ten- ants-at-will of the United States, liable to be ejected from their homes at any time, at the caprice of one man. It is proper to add that, in 1826, the people of the mines petitioned Con- gress for more permanent titles, but no attention was paid to their request :

It having been requested from the United States Agent for Lead Mines to grant us permission to build and inclose in a small quantity of ground for our convenience, it has been granted upon the following condi- tions, viz .:

That we will not claim any right, title or interest in the said lands (other than as tenants, at the will of said agent, or such otber agent ae may be appointed for the superintendence of the mines) ; and we hereby bind and obligate ourselves to quit said premises upon one month's notice to that effect being given by said agent-it being understood that those persons who have licenses or leases are not included in this arrangement, but are to occupy agreeably to their contracta. No transfer of said ground or improvement will be made without the consent of the agent, and will be subject to the aforesaid regulations.

FEVER RIVER, June 6, 1826.

A large number of names are attached to this register, among whom are many of the lead- ing settlers. The first name is R. W. Chandler. James Harris and Jonathan Browder, first Commissioners of Jo Daviess County, are among the first signatures. James Foley, Samuel Lawrence, George W. Britton, T. H January, Thomas Ray, William H. Johnson, N. Bates, Thomas Hymer, J. P. B. Gratiot, Samuel C. Muir, A. P. Vanmeter, Amos Farrar, J. W. Shull, F. Dent, B. Gibson, James Jones, Elijah Ferguson, Isaac Swan, David M. Robinson, E. F. Townsend, H. H. Gear and R. H. Champion are among the signers of this unique document.

A report from Charles Smith, dated July 25, 1826, says: " I have surveyed the upper street in the town, and staked off the lots fifty feet, forty-one in number. There is a great itch-

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HISTORY OF THE LEAD REGION.

ing for privileges, and a superabundant measure of independence. Complaints about right ground, and this, that and the other right, are accumulating every day, both from diggers and settlers, and God knows what and when will be the end of all things. The dead and the living both conspire to cause me a great deal of trouble. I am no prophet, but I will be mad enough to predict that not many months will elapse without the necessity of the intervention of military force (the only force that can be recognized in this county) to protect the interest of the mines, and to encourage their development. Every day adds proof of their immense importance, and justifies the employment of every possible means for their protection and support. The compe- tition among smelters may, I dare say will, have a tendency eventually to injure the mines by producing a reaction upon themselves, and exciting a rebellious spirit among the miners."

Mr. Smith's allusion to the dead and living is explained by the fact that in earlier days the people buried their dead in various places along the bench where Bench street, Galena, is now. These remains had to be removed, of course, when the town was laid out, and caused the good- natured Smith a deal of trouble. His gloomy predictions, happily, were not fulfilled.

Thomas Mcknight succeeded Charles Smith as resident sub-agent, and remained until Lieut. Thomas was succeeded by Capt. Legate in 1829. Charles Smith died at Galena March 3, 1829.

Mr. McKnight arrived at Fever River as sub-agent November 15, 1826. His first report is dated November 28, 1826, in which he says: "I arrived here on the 15th inst., but did not receive the Government papers until the 20th, in consequence of having a little house to repair for an office. Mr. Dent, the bearer, leaves here to-morrow morning. I am told that there is a great quantity of mineral lying, and will lie all winter, unsmelted. There is a great scarcity of corn for feeding teams. A great many of the teamsters are sending their teams down to the settlements to winter."

The " little house " referred to by Mr. Mcknight is still standing on the west side of Main street, Galena, abont one hundred and fifty feet north of the corner of Spring street, on Lot 3. The stone " Government house," built for a warehouse in which to store lead in 1829, by Harvey Mann and others, is still standing a little farther north, on Lot 6.

Here occurs a list of persons in whose favor the Superintendent has notified his acceptance of bonds for leases. The list was evidently made and entered of record in November or December, 1826, and entries of dates of surveys made subsequently : John P. B. Gratiot, survey made ; John Cottle, survey made; Ira Cottle, survey made; George Collier, survey made; Jesse W. Shull, survey made; M. C. Comstock, survey made Jannary 22, 1827; John Barrel, survey made January 22, 1827; William Henry, survey made Jannary 22, 1827; P. Hogan, survey not made; - Bonthillier, survey not made; - Tholozan, survey not made; Charles St. Vrain, survey made April 5, 1827; David G. Bates (Cave), survey not made; John P. B. Gratiot (section timber land), survey made.

The first mention of the "town of Galena" occurs December 27, 1826, in a permit to Patrick Gray and Thomas Drum to occupy Lot No. 25, in the town of Galena, fifty feet fronting on Hill or Second street, running back to the bluff; but this permit is dated " Fever River."

January 23, 1827, a permit was granted to Gray and Drum to enclose fifty feet on First (or Front) street, north of Davis, for the purpose of building a bake-shop thereon. There may have been, probably were, other permits to persons desiring to occupy " town lots " prior to the above, but these are the first that appear of record. The future city of Galena was laid off and evidently named in 1826, as these records show, but permits of the Superintendent were the only titles the people could have to their lots, improvements and homes, and these they must vacate and abandon on thirty days' notice. The United States still retained ownership.

May 12 to 15, 1827, various permits were signed by " Wash Wheelwright, Light Artil- lery," probably acting in Mr. McKnight's absence. Historians have given, although with questionable authority, as one of the causes of the "Winnebago war," which occurred in 1827, the fact that the Indians were dissatisfied because the miners were encroaching on their territory and digging mineral on the north side of the "ridge," which they considered the boundary of

Luther &Brown

PATCH GROVE

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HISTORY OF THE LEAD REGION.

the "Five Leagues Square." In this connection, the following letter and orders will be of interest, whatever may have been the primary cause of the Indians' ill-will :

UNITED STATES LEAD MINING OFFICE, Fever River, June 30, 1827.

To MR. ELIJAH FERGUSON, NOW MINING ON THE PECALOTEA :

Sir-It is doubtful whether you are within the limits of the country which the United States, by treaty with the Pottawatomies, etc., have a right to explore for mining purposes. Under this circumstance, you will not remove further toward Rock River. Should you prefer to remain where you now are, you are at present at liberty to do so, with the express understanding, however, that should that part of the country he eventually decided to belong to the Winnebagoes, you remove when duly notified of the fact from this office.

I am, sir, your obedient servant,

(Signed) M. THOMAS, Lieut. U. S. A., Superintendent U. S. Lead Mines.

CIRCULAR TO SMELTERS.

U. S. LEAD MINING OFFICE, Galena, October 1, 1827. SIRS-You are hereby directed to desist from working over the Ridge, and to employ no force whatever, either in hauling or sme'ting any material that may have been, or in the future may be, raised there. Also to make no purchases of said mineral from any digger.

By order of Lieut. Thomas, Superintendent of Lead Mines.

CHARLES SMITH.

On the same date miners were notified that they had no right to go beyond said ridge for the purpose of mining, and were ordered to suspend all further operations until further orders from the Superintendent. .

On the 8th of October, 1827, an order was issued directing all discoveries of lead to be reported to the Lead Mining Office, Galena. On the 15th of November, 1827, the following persons, having struck leads prior to the 3d of July, 1827, beyond the ridge, were licensed to dig or work them out without interruption, but no others were to be allowed to mine beyond the ridge under any circumstances whatever : Cabanal, for Ewing & Co .; Stevens, for Kirker & Ray; Riche, for Winkle ; Elijah Ferguson, Hawthorn & Deviese; Carroll, for Dickson ; Stevenson, transferred to Blanchard ; Gillespie & Hymer; Stevens & Co. ; George Ames' sur- vey, Moore & Watson, sold to Blanchard ; Foster & Hogan.

July 2, 1827, Lieut. Thomas granted a permit to M. C. White to " burn one lime of kiln [kiln of lime] above the mouth of Small-Pox [creek]." On the same day, Mr. Comstock had permission to cut fifty large trees for building logs, near the large mound south of Mr. Gratiot's survey. Arbitrations were ordered between Mcknight and Ewen Boyer & Co., on Mackey's survey, and between Jacob Himer and Will Baker, to take place on the 7th.

NOTICE.

There will not, for the present, be any town laid off at the Old Turkey Village, commonly called Grant River Town. All persons are hereby forewarned from building cabins or houses there, except such licensed smelters who may locate in that vicinity, and such smelters will first obtain a special permission.

M. THOMAS, Lieut. U. S. Army, Supt. U. S. Lead Mines.

FEVER RIVER, July 13, 1827.

August 14, 1827, a permit was granted to Messrs. D. G. Bates, V. Jefferson and Hemp- sted to make a wharf, or landing, in front of their houses and lots, provided such landing is at all times free to public use ; no building to be placed upon it.

On the 8th of August, 1827, Michael Dee was convicted by arbitration of having stolen certain articles, the property of Thomas Williams, and all smelters and miners on Fever River forbidden to harbor said Dee or give him any employment.

This is the first conviction for theft of which record remains.

Mcknight left no records, except a few recorded permits ; and, except the two volumes from which the above extracts have been made, there are no records of the transactions of the Lead Mines Agency accessible, unless they are preserved in the War Department at Washington, and a letter to that department, asking for information, has failed to elicit a reply.

The only entries to be found of date later than 1827, are a code of regulations for miners, dated April, 1833, and signed Thomas C. Legate, Captain Second Infantry, Superintendent U. S. Mines, and another and shorter code, dated October, 1840, signed by H. King. Special Agent U. S. Lead Mines, in which miners were required to pay not to exceed 6 per cent of the ore, or its equivalent in metal, to the United States.

418

HISTORY OF THE LEAD REGION.

Under Lieut. Thomas' administration, Charles Smith and Thomas Mcknight were Resi- dent Sub-Agents at Galena. About 1828, the agency was removed to a log building there recently erected under permit, by Barney Dignan, on the southwest corner of Main and Wash- ington streets.

In 1829, the office was in the first building above Mr. Barnes' boarding-house, on the upper (Bench) street, and in later time, and until discontinued, the office of the Superintendent was in Newhall's building, southwest corner of Hill and Main streets.

In 1829, Lieut. Thomas was succeeded by Capt. Thomas C. Legate, Second Infantry, under whom Capt. John H. Weber was Assistant Superintendent. Maj. William Campbell, Col. A. G. S. Wight and R. H. Bell were also connected with the office. In November, 1836, Capt. Weber's signature as Superintendent appears of record, and it is probable that he was appointed about that time.

As previously shown, under the old system, which generally prevailed until 1836, diggers were permitted to sell their mineral only to licensed smelters, and the Government collected the rents (10 per cent until 1830, and 6 per cent subsequently, delivered at the United States warehouse, in Galena) of the smelters. The prices paid to miners were made with that fact in view. In 1827, as clearly indicated by the letter from Lieut. Thomas to E. Ferguson, and sub- sequent orders, the diggers and some of the smelters were operating on lands not owned or con- trolled by the United States, in some instances, having the permission of the Indians and paying them for the privilege, and in more cases, probably, trespassing on their domain. It had begun to dawn upon the people that five leagues square comprised only a very small portion of the lands rich in mineral wealth, and it was not possible for the Government agents to prevent dig- ging for mineral outside the limits of the reservation, over which, only, could the United States exercise control. The Superintendent of the United States Mines had no authority to grant permits on Indian territory. He could forbid such tresspass, but it would require a military force to prevent mining beyond the limits of the reservation, provided the diggers obtained the consent of the native owners. It was plain that the Government could rightfully collect rent only of those who obtained their mineral within the recognized limits of the " five league square." The agent could not fully demand any of the lead obtained beyond the limits of the reservation, and this led to difficulty. It was unjust to pay rent to the Indians and to pay it again to the United States, nor could the agent collect rent even if it had been surreptitiously obtained. Some of the smelters, and especially those operating on Indian lands, either with or without the permission of the natives, or buying mineral from diggers operating beyond the jurisdiction of the agent, began to refuse to pay rent, alleging that, as they obtained lead from Indian lands and were not protected by the Government, they were under no obligation to pay. The agent was placed in an embarrassing position. They were obtaining mineral on the public lands, but they were also obtaining it on lands over which the United States exercise no control, he had no means of determining the amount actually due the Government, and therefore could not enforce payment of any. This refusal became more general until the unauthorized sale of the mineral lands in Wisconsin, in 1834, and subsequently by the Register of the Land Office at Mineral Point (called " Shake-rag' in early mining days), who, in violation of his express instructions, permitted a large number of the diggings actually worked to be entered. Many miners were thus outrageously defrauded, and their rights were disregarded. From that time they declined taking leases, and the lead ofice gradually fell into practical disuse. Capt. Weber remained as agent until about 1840, but his agency was purely nominal. The regulations were not enforced, smelters paid no rent, and there was a season of freedom from Governmental supervision. In 1840, however, an at- tempt was made to revive the office. H. King, special agent, was sent to the mines, probably to investigate Weber's loose manner of doing business, or rather his neglect of business. " With Mr. King," says Mr Houghton, "or very nearly the same time, came John Flanagan."

A letter from Capt. W. B. Green, who was familiar with the events of that period, contains the following information: " The Lead Mine Agency was suspended for several years prior to 1841. After the inauguration of President Harrison, in 1841, the agency was revived and Flanagan

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HISTORY OF THE LEAD REGION.

appointed Superintendent-revived, probably, to give Flanagan the appointment. Previous to the suspension of the agency, the royalty to the Government was paid by the miners through the smelters. After the revival of the agency under Flanagan, the attempt was made to collect the royalty directly from the miners. The attempt was only a partial success, as the miners generally refused or evaded the payment. During the suspension of the agency, through affidavits gotten up (as affidavits can be to prove anything when taken ex-parte), a bill was lobbied through Congress, giving one of the early smelters a large sum of money for royalty paid by him on mineral reported to have been taken from Indian lands outside the original purchase. This established a precedent, of which most of the other smelters availed themselves, and in a similar manner had large sums voted them-in the aggregate, it may be, amounting to more than all the royalty received by the Government from the mines. The truth is, there was but a very inconsiderable amount taken from the Indian lands prior to the purchase of the lands south of the Wisconsin River, in the winter of 1827-28. What little there was, should, of right, have been paid to the Indians, or, ignoring their right, it should have been paid to the miners who actually paid it, as the smelters took the royalty into account when they purchased the mineral and deducted it from the value thereof,"

Mr. King remained but a short time, Weber was removed or superseded, and Flanagan left in charge with instructions to enforce the regulations established by Mr. King.

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History of Grant County, Wisconsin, Part 62

Author: Butterfield, Consul Willshire, 1824-1899 Publication date: 1881 Publisher: Chicago : Western Historical Co. Number of Pages: 1044

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: Chicago : Western Historical Co.
Number of Pages: 1044