USA > Wisconsin > Grant County > History of Grant County, Wisconsin, preceded by a history of Wisconsin > Part 74
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In other instances these same lands have been sold and transferred by the original settlers to other persons who have purchased in good faith, and paid large considerations for improvements thereon, and from time to time have made further and other valuable improvements, equal, in many instances, to five times at least the original value of the land. These lands so entered and transferred from individual to individual, in some cases many times, and by deeds of warranty, are now offered for sale a second time under proclamation. As the most injurious and disas- trous consequences would result to a large and respectable portion of the citizens of Wisconsin, if the lands entered and paid for should again be disposed of at public sale, the Legislative Assembly of the Territory of Wisconsin deem it an act of duty to the people residing in said district to address your honorable body in their behalf.
After referring to the welfare of one portion of the Territory upon the prosperity of the whole, the importance of the tenure of leases and the suggestion that the proper place to sub- mit fraudulent entries was the organized tribunals of justice, while to expose the lands for sale would be to strip many settlers of homes, the memorists closed by stating, "In view of these facts, and urged by the most important considerations of public policy and public and private justice, and as the only effectual means of protecting and securing the rights of innocent parties, the Legislative Assembly of the Territory of Wisconsin respectfully and most earnestly petition your honorable body to provide by law for withholding from sale all lands in the Mineral Point District heretofore sold, and for the issuing of patents for all lands purchased at said land office, saving such entries as have been, or may hereafter be declared fraudulent entries by the proper tribunals."
Despite memorials, resolutions and entreaties, the Government continued with its prepara- tions for the sale of the mineral lands. The miners, in their turn, as the time drew near for the sales, assembled in large numbers at Mineral Point. Previous to the day set for commenc- ing the sale, a public meeting was held, Maj. J. H. Roundtree, of Platteville, officiating as Chairman, at which it was determined that the bidders from each place should bid off the land in their vicinity, and that none others should be allowed to bid. An "inspection committee" was appointed, whose duty it was to see that no officious meddlers interrupted the harmony of the sale. It is needless, perhaps, to add that none of that class made themselves manifest, and the lands were bid off as proposed; the bidder taking the land in the name of the owner, when only one party laid claim to the portion up for sale, and where several claims were located on a
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HISTORY OF GRANT COUNTY.
piece it was taken in the name of the bidder, and then by him conveyed to the occupants forth- with. Thus the long-disputed land question was settled once and for all.
FIRST THINGS.
The first farming in the county was done by Col. Joseph Dixon, who, in the early fall of 1827, began to prepare a farm a short distance from Platteville. The succeeding spring he plowed twenty acres and planted it to corn, of which he raised a generous crop that year.
The first marriage in the present county was performed in September, 1828, at Esquire Holmans, the contracting parties being James R. Vineyard and Miss Mary Jones.
The first white child born in the county was Dorothy J. Bushnell, born at Muscalunge in 1828.
The first saw-mill was erected in 1829, by Mr. Edgerton Hough, at Gibralter.
The first schoolhouse was built in Platteville in 1834, and school opened the same year, Mr. Hundington, master.
First church in the county was erected at Platteville in 1837 by the Methodist denomination First post office established at Platteville in 1829.
The first court was held at Cassville, Judge Dunn presiding in June, 1837.
First town election was held in spring of 1833 at Platteville.
First election of county officers was held in the spring of 1837.
The first railroad was Prairie du Chien Division of Chicago, Milwaukee & St. Paul, opened in Grant County in 1856.
495
HISTORY OF GRANT COUNTY.
CHAPTER IV.
EARLY GOVERNMENT-GRANT COUNTY FORMED -- THE COUNTY SEAT-ATTEMPTS TO DIVIDE THE COUNTY-COUNTY OFFICERS-TERRITORIAL AND STATE REPRESENTATION-TERRITORIAL LEG- ISLATURE-STATE ORGANIZATION-REPRESENTATIVES IN CONSTITUTIONAL CONVENTION-TOWN ORGANIZATION-LEGAL JURISDICTION-COUNTY BUILDINGS-EARLY JUSTICE-CAPITAL CRIMES -JIM CROW MURDER-RUSSELL MURDER-LATIMER MURDER-DE LASSEAUX MURDER-JORDAN MURDER-HARNEY MURDER-HAGGERTY MURDER-KIILLING OF MILAS K. YOUNG.
EARLY GOVERNMENT.
The first civilized claimants to the territory now included within the boundaries of Wiscon- sin were the French. The whole of the Northwest was claimed by France from 1671 to 1763, when it was surrendered to the English. By the " Quebec Act" of 1774, all of this region was placed under the local administration of Canada. It was, however, practically put under a des- potic military rule, and so continued until possession passed to the United States. Before the last-mentioned event, and during and after the Revolution, the conflicting claims of Virginia, New York, Massachusetts and Connecticut to portions of the country were relinquished to the General Government. All these claims were based upon supposed chartered rights, Virginia adding to hers the right of conquest, as she contended, of the "Illinois country' during the Revolution. As early as October, 1778, Virginia declared, by an act of her General Assembly, that all the citizens of that commonwealth who were then settled, or should thereafter settle, on the western side of the Ohio, should be included in a distinct county, which should be called Illinois. No Virginians were then settled as far north as the southern boundary line of what is now Wisconsin, and, as none thereafter located so far north before Virginia relinquished to the United States all her rights to territory on the western and northern side of the Ohio, it fol- lows that no part of the territory which afterward became Wisconsin was ever included in Illi- nois County as a part of Virginia, nor did the last-mentioned State ever exercise any jurisdic- tion over the territory of this State, or make any claim to any part of it by right of conquest. Wisconsin was never a part of Virginia.
Notwithstanding the passage of the Ordinance of 1787, establishing a government over the territory northwest of the Ohio River, which territory was acquired by the treaty of 1783, from Great Britain, possession only was obtained, by the United States, of the southern portion, the northern part being held by the British Government until 1796. Arthur St. Clair, in Febru- ary, 1790, exercising the functions of Governor, and having previously organized a government for the country under the ordinance above mentioned, established, in what is now the State of Illinois a county, which was named St. Clair. But, as this county only extended north "to the mouth of the Little Mackinaw Creek, on the Illinois," it did not include, of course, any part of the present State of Wisconsin, although being the nearest approach thereto of any or- ganized county up to that date.
In 1796, Wayne County was organized, which was made to include, besides much other territory, all of what is now Wisconsin watered by streams flowing into Lake Michigan, the ter- ritory of the present Grant County, as it will be seen, being not included in the new county. From 1800 to 1809, the present limits of Grant County were included in the Territory of In- diana, and, in the last-mentioned year, passed into the Territory of Illinois. It is probable that Indiana Territory exercised jurisdiction over what is now Wisconsin, at least to the extent of appointing two Justices of the Peace-one for Green Bay and one for Prairie du Chien. In the year 1809, the Illinois Territorial Government commissioned three Justices of the Peace and two militia officers at Prairie du Chien, the county of St. Clair having previously been ex-
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HISTORY OF GRANT. COUNTY.
tended so as to include that point, and, consequently, the present county of Grant. In course of time, other counties had jurisdiction, until, in 1818, what is now Wisconsin became a por- tion of Michigan Territory.
By a proclamation of Lewis Cass, Governor of Michigan Territory, of October 26, 1818, Brown and Crawford Counties were organized. The county of Brown originally comprised all of the present State of Wisconsin, east of a line passing north and south through the middle of the portage between the Fox and Wisconsin Rivers, except a small portion of the Door County Peninsula, which was included in the county of Michilimackinac. The limits of Brown County extended north into the territory of the present State of Michigan so far that its north line ran due west from Noquet Bay. An east and west line, passing near the northern limits of the present county of Barron, separated the county of Crawford from the county of Michilimack- inac on the north ; on the east, it was bounded by the county of Brown ; on the south, by the State of Illinois ; and on the west, by the Mississippi River.
Thus, as it will be seen, the present territory of Grant County was included in the limits. of Crawford County. By an act of the Legislative Council of the Territory of Michigan, ap- proved October 29, 1829, to take effect the 1st of January following, the county of Iowa was established, embracing all territory south of the Wisconsin, west of Brown County, east of the Mississippi, and north of Illinois, or what is now included in the counties of Grant, Iowa, La- Fayette, the greater part of Green, nearly half of Dane, and a portion of Columbia.
By an act of Congress passed in 1836, and approved April 20 of that year, the Territory of Wisconsin was organized, including in its limits, beside the present State, the territory now included in the States of Iowa and Minnesota, and about half the present Territory of Dakota. June 12, 1838, all that portion of Wisconsin Territory lying west of the Mississippi River was organized into a Territory called Iowa.
GRANT COUNTY FORMED.
Previous to this, and at the first meeting of the Territorial Legislature at Belmont, in the present county of La Fayette, in 1836, in an act entitled " An act to divide Iowa County " it was enacted, "That all that part of the county of Iowa lying west of the fourth principal meridian be and the same is hereby constituted a separate county, to be called Grant."
Section 4 of the same act provided : That, "from and after the 4th day of March next, the said county of Grant shall, to all intents and purposes, be and remain an organized county, and be invested with full power and authority to transact all county business which any regu- larly organized county may of right do."
Section 5 stipulated that "Henry W. Hodges, James Gilmore, E. E. Brock, Orris Mc- Cartney and Frank C. Kirkpatrick are hereby appointed commissioners to fix the seat of justice of said county of Grant, and they are hereby required to perform the.said duty 'on or before the 1st day of February next ensuing, at such place within said county of Grant as to them may seem best calculated to promote the public interest, being first sworn to the faithful discharge of their trust ; and so soon as they shall have come to a determination, the same shall be reduced to writing and signed by the Commissioners, and filed with the Clerk of the present county of Iowa, whose duty it shall be to record the same and deliver over the same to the Clerk of Grant County, whenever he shall be appointed, whose duty it shall be to record the same and forever keep it on file in his office ; and the place thus designated shall be considered the seat of justice of said county ; provided, that in the event of said Commissioners being prevented, from any cause what- soever, from performing the duty required of them, or if a majority of said Commissioners should not be able to agree upon any place for the establishment of the said seat of justice, then the . seat of justice is temporarily established at Cassville, in said county of Grant."
"Section 6, That there shall be two terms of the District Court held annually at the seat of justice for said county of Grant by one of the Judges of the Supreme Court, to wit: One upon the first Monday in June, and the other upon the fourth Monday of October; and the said District Court for said county of Grant shall have and enjoy all the powers, rights and
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HISTORY OF GRANT COUNTY.
duties which courts in the other counties of this Territory have and enjoy, and shall be subject to all the restrictions imposed upon said courts by the act entitled ' An Act for establishing judi- cial districts and for other purposes,' passed at the present session of this Legislative Assembly, and that the courts hereby authorized to be held in the county of Grant shall be held at the town of Cassville, in the county of Grant, until the necessary public buildings are erected at the seat of justice of said county."
THE COUNTY SEAT.
In accordance with the provisions of the above section, the Commissioners proceeded with their work of choosing a county seat for the new county. Lancaster at this time boasted of but one occupant, Aaron Boice, who resided near the " big spring," and had entered eighty acres of land, a portion covering the present court house square. This, together with a second eighty, entered by Maj. Price, formed the site of the present county seat. Cassville, then an ambitious burg, was an aspirant for both territorial and county distinctions ; but its location on the ex- treme western side of the county operated against its claims in the race for the lesser honors. Lancaster was nearly the geographical center of the county, a point a few miles northeast was supposed to be the exact center, speaking in the manner of geographical exactness, and for a time the scales wavered ; but Maj. Glendower M. Price, who had purchased the land formerly owned by Aaron Boice, offered as extra inducements toward the location of the seat of justice in Lancaster to pay to the county the sum of $1,000, and donate beside certain lots of land within the village, providing Lancaster's claims were allowed. This offer was accepted by the Commissioners, and the embryo village became the county seat. To the antiquarian the fol- lowing deed setting forth a portion of the terms of the contract will be of interest, as an histor- ical souvenir :
G. M. PRICE AND WIFE TO SUPERVISORS OF GRANT. This deed, made this the fifteenth day of May, eighteen hundred and thirty-seven. wit- nesseth : That Glendower Morgan Price and Harriet, his wife, of the county of Grant and Territory of Wisconsin, in consideration of the sum of one hundred dollars, to them in hand paid by the Supervisors of the county of Grant and Territory of Wisconsin, the receipt of which is hereby acknowledged, do by these presents grant, bargain and sell, convey and confirm to the said Supervisors and their successors in office, the follow- ing described property in the town of Lancaster, to wit: All of Block No. 10; Lots No. 1, 2, 3, 4, 5, 6, 7 and 8, in Block No. 22; Lots No. 1, 2, 3, 4, 5, 6, 7 and 8, in Block No. 25; Lots No. 3, 4, 5, 6, 7 and 8, in Block No. 26; Lots No. 1 and 2, in Block No. 27; Lot No. 2, in Block No. 21; Lots No. 1, 2, 3, 4 and 10, in Block No. 24; Lots No. 3, 6, 7, 8, in Block 23 ; Lots 3, 4, 5, 9 and 10, in Block No. 9; Lots No. 1, 2, 3, 4 and 5, in Block No. 8; Lots No. 1, 2, 3, 4 and 5, in Block No. 7; Lots No. 1, 2, 3, 4 and 5, in Block No. 6; Lots No. 6, 7, 8, 9 and 10, in Block No. 5; Lot No. 3, in Block No. 4; Lot No. 3, in Block No. 13 ; Lot 5, in Block No. 20; Lot No. 3, in Block No. 28. To have and to hold the same with the privileges and appurtenances thereunto belonging, to the said Supervisors and their suc- cessors in office forever ; the said Glendower M. Price and Harriet his wife, the aforesaid premises unto the said Super- visors and their successors in office hereby covenanting that they and their heirs, executors and administrators will warrant and defend the title to the said premises to the said Supervisors and their successors in office forever, against all persons whatsoever. In witness whereof, the said G. M. Price and Harriet, his wife, have hereunto set their hands and seals the day and year first above written.
Signed, sealed and delivered in the presence of
JOHN G. FLETCHER. BENJ. F. FORBES.
G. M. PRICE. HARRIET PRICE.
In the spring of 1837, the first election of officers for the new county was held, resulting in the choice of the following elective officers : Treasurer, Orris McCartney, Cassville; Register of Deeds, Nelson Dewey, Cassville; Board of Supervisors, Henry Wood, J. J. Basye, Daniel Richards. The County Clerk (the title of this officer, until 1849, was Clerk of County Com- missioners, and from that date until 1872 Clerk of the Board of Supervisors), appointed by the County Commissioners, was J. Allen Barber, of Lancaster. First Clerk of the Circuit Court, appointed by Judge Dunn, John S. Fletcher. The first District Attorney was T. S. Wilson, appointed by Judge Dunn to act in that capacity at the first term of court held in Grant County. The Sheriff, County Judge and Justices of the Peace were appointed by the Executive of the Territory until 1844.
At this election, about three hundred votes were cast, the population being in the neigh- borhood of 1,600.
498
HISTORY OF GRANT COUNTY.
The first meeting of the newly elected Board of Supervisors, or, as they were then called, County Commissioners, was held at Cassville; April 29, 1837. The next meeting was held at Lancaster, May 2. At this meeting, the contract for building the new Court House was awarded to G. M. Price and Daniel Banfield. At a meeting held a year later, or April 2, 1838, it was determined to erect a jail for the safe keeping of criminals, and the contract was awarded to Harvey Pepper, for $400.
The newly-formed county government was not without its troubles, as the following acts passed by the Territorial Legislature, at its second session in the latter part of 1837, will show. The first, entitled " An act to legalize the acts of the Supervisors of Grant County," provides :
WHEREAS, the Supervisors of Grant County did, in the spring of the year one thousand eight hundred and thirty-seven, proceed to sell certain town lots donated for the use and benefit of said county, and likewise to contract for the building of a court house; and whereas, doubts exist as to the legality of the sales and contract for building, therefore,
SECTION 1. Be it enacted, That all bonds for the titles that have been givento guarantee the sales and titles shall be and are hereby declared to be valid in law.
SEC. 2. All contracts that have been entered into by the Supervisors for building of the court house shall be of binding and legal effect upon the county of Grant, in their corporate capacity, any law to the contrary notwith- standing.
Under a general law passed by the Legislature in 1839, a County Agent was appointed to take charge of the lands belonging to the county, to sell and convey the same, and transact all business connected therewith. Nelson Dewey was appointed as the agent of Grant County, and continued to act in that capacity until the formation of the State Government.
The second act is entitled " An act to legalize the proceedings of the Justices of Peace in Grant County and release them from penal liability in certain cases," and reads as follows :
WHEREAS, Certain Justices of the Peace in the county of Grant, not having access to the revised code of laws of Michigan, of one thousand eight hundred and thirty-three, enforced in this Territory by the Act of Congress organizing the Territorial Government, and adopted by the Legislative Assembly at their last session ; and having the laws of eighteen hundred and twenty-seven in their possession, they supposed it to be their duty to give bonds to the United States, with a penalty of $200, when, in fact, the law required them to give bonds to the County Clerk, with a penalty of $250, whereby said Justices have incurred certain penalties ; for remedy thereof,
SECTION 1. Be it enacted, That the several Justices of the Peace in Grant County be and they are hereby released from all fines, forfeitures and penalties, incurred by them for the failure to give bonds according to the provisions of the act entitled " An act to regulate and define the powers of Justices of the Peace and Constables in. civil cases."
SEC. 2. That all acts done and performed by them are hereby declared to be as legal, to all intents and purposes, as though they had given bonds in accordance with the provisions of the above recited act, any other law to the con- trary notwithstanding.
The passage of these acts placed the county affairs upon a proper legal basis, and the local government proceeded without further hitch.
ATTEMPTS TO DIVIDE THE COUNTY.
Several times since its organization, Grant has been agitated by an effort to divide the county. The earlier agitations looked to a division into two parts, and a later one into three parts. In 1860, the movement progressed so far as the signing of petitions and counter-petitions, but the matter went no further than the ballot-box, where those opposed to a division received a heavy majority. The war coming on a few months later drove the subject out of the minds of the people, and the advent of railroads connecting the county seat with other portions of the county, and facilitating communications between different points, removed one great argument in favor of a re-organization of county lines. A slight ripple on the placid surface of events, a few years ago, showed that the ancient topic had not been forgotten, but the " indications " were not of a nature to give rise to any anxiety on the part of those who preferrred " old Grant " as it was, and the movement will hereafter be remembered simply as one of the exciting questions of "auld lang syne."
COUNTY OFFICERS.
Below is given a complete roster of the occupants of the various county offices from the organization of the county until the present time :
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HISTORY OF GRANT COUNTY.
Sheriff .- 1836-37, James H. D. Street; 1837-38, Robert H. Reed, Potosi (resigned in 1838, and Harvey Pepper appointed to fill unexpired term); 1839-41, Harvey Pepper, Lancas- ter; 1842, Robert B. Reed, Lancaster; 1843-44, Enos S. Baker, Platteville; 1844-46, N. W. Kendall, Platteville; 1847-50, Matthew Wood, Potosi ; 1851-52, George R. Stuntz, Lan- caster; 1853-54, William McGonigal, Wingville ; 1855-56, Lorenzo Preston, Hazel Green; 1857-58, Dexter Ward, Lancaster ; 1859-60, William H. Foster, Lancaster; 1861-62, J. B. Moore, Muscoda; 1863-64, N. Goodenough, Glen Haven ; 1865-66, W. H. Clise, Potosi ; 1867-68, J. P. Cox, Lancaster ; 1869-70, W. H. Clise, Potosi ; 1871-72, W. E. Sloat, Lan- caster ; 1873-74, Terrence Carrier, Boscobel ; 1875-76, J. B. McCoy, Platteville ; 1877-78, Mat H. Birchard, Fennimore ; 1879-80, Streeter ; 1881, John Lane.
Treasurer. - 1837-38, Orris McCartney, Cassville ; 1839-41, Elisha T. Haywood, Potosi ; 1842-43, Edmund Havelson, Lancaster ; 1844-46, Robert Templeton, Potosi ; 1846, Samuel Tompkins, Lancaster; 1847, Cutler Salmon, Lancaster ; 1848, James M. Otis, Lancaster ; 1849, J. H. Rountree, Platteville ; 1850-51, A. W. Worth, Lancaster; 1852-54, William T. Ennor, Potosi ; 1855-56, J. L. Marsh, Platteville ; 1857-58, Simon E. Lewis, Potosi ; 1859-62, James Jones, Hazel Green ; 1863-66, Samuel Moore, Platteville ; 1867-70, V. F. Kinney, Potosi ; 1871-74, A. R. McCartney, Cassville ; 1875-78, Alex Ivey, Potosi ; 1879-81, Lou P. Lester, Boscobel.
Register of Deeds .- 1837-38, Nelson Dewey, Cassville; 1839-41, John S. Fletcher, Lan- caster ; 1842, A. R. T. Locey, Platteville ; 1843-47, Hugh R. Colter, Lancaster ; 1848-52, A. W. Martin, Platteville ; 1853-54, George H. Cox, Lancaster ; 1855-56, William McGoni- gal, Wingville ; 1857-60, J. H. Evans, Platteville; 1861-64, E. T. Mears, Platteville ; 1865-68, Joseph Bock, Cassville ; 1869-76, James Woodhouse, Bloomington ; 1877-81, Perry Durley, Paris.
County Clerk .*- 1837-39, J. Allen Barber, Lancastor ; 1839-41, Nelson Dewey, Lan- caster ; 1842, J. Allen Barber, Lancaster ; 1843-46, L. O. Shrader, Lancaster; 1847, Enos P. Wood, Paris ; 1848, Arunah A. Parker, Lancaster ; 1849-51, J. C. Squires, Platteville ; 1852-60, Wood R. Beach, Beetown ; 1861-62, J. W. Angell, Potosi ; 1863-68, S. F. Clise, Ellenboro ; 1868, P. H. Parsons, } Lancaster ; 1869-72, Atlizer Smelser ; 1873-80, Fletcher S. Kidd, Millville ; 1881, C. W. Hill, Platteville.
County Judge .- 1837-38, J. H. Rountree, Platteville ; 1839, Henry Wood, Lancaster ; 1840-43, J. A. Barber, Lancaster ; 1844-49, Hugh R. Colter, Lancaster ; 1850-53, Cyrus K. Lord, Potosi; 1854-56, S. O. Paine, Platteville ; 1858-81, William McGonigal, Lan- caster.
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