History of Grant County, Wisconsin, preceded by a history of Wisconsin, Part 76

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: [Chicago : Western Historical Co.?]
Number of Pages: 1050

USA > Wisconsin > Grant County > History of Grant County, Wisconsin, preceded by a history of Wisconsin > Part 76

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TOWN ORGANIZATION.

In its early settlement, Wisconsin presented two subdivisional systems of government. The southwestern and earlier-settled portion, being almost entirely filled with emigrants from Southern and Southwestern States, adopted the county system, while the later-settled por- tion, on the eastern shore of the State, being filled by natives of the New England and Middle States, where the township system was in vogue, naturally followed, in their new settlements, that local polity with which they had been most acquainted, and with whose workings they were familiar. These distinctional features continued in existence until the formation of the State Government, in 1848, when, the two waves meeting, the eastern overtopped its rival, and Section 23 of Article IV of the Constitution provided that " The Legislature shall establish but one system of town and county government, which shall be as nearly uniform as possible." Previous to this, or immediately after the close of the Black Hawk war, in 1832, and after the acquisition by the United States of the Indian title to all the land west of Lake Michigan not reserved to particular tribes, or secured to specified individuals by terms of previous treaties, a survey was commenced by the General Government. The northern boundary line of the State

508

HISTORY OF GRANT COUNTY.

of Illinois, fixed April 11, 1818, on the parallel of 42° 30' north latitude, became, properly enough, the base line of these surveys. A principal north-and-south line, known as the Fourth Meridian, was run, extending from the base line to Lake Superior, at right angles with that line. The Fourth Meridian forms the east boundary line of Grant County, dividing it from La Fayette and Iowa Counties on that side.

Parallel lines to the Fourth Principal Meridian were run every six miles on the east and west sides of it. The intervening six miles between these lines were designated as ranges. Range 1 west is the first range west of the Fourth Meridian ; Range 2 west is the second range, continuing in this manner to the western boundary of the State. Grant County lies in Ranges 1, 2, 3, 4, 5, 6, and a portion of Range 7 west.

North of the base line were also run parallel lines six miles apart, and at right angles to the range lines. Thus the State was cut up into blocks, each six miles square, called townships. These were numbered by tiers going north from the base line, Township 1 being the first tier of townships north, Township 2 being the second, and so on. As the southern boundary of Grant County is the dividing line between Wisconsin and Illinois, that serves as the base line. This county lies in Townships 1, 2, 3, 4, 5, 6, 7, 8, and a portion of Township 9, the latter being in the extreme northeast portion of the county, and included in the township of Muscoda.

During the years 1832, 1833 and 1834, the different townships in Grant County were sub- divided into sections and quarter-sections, these lines being run by Lucius Lyon, Robert Clarke, Jr., and Hervey Perke.

After the admission of Wisconsin into the galaxy of States, it became necessary to divide. the county politically, in accordance with the provision of the constitution noticed above; and, in pursuance of this object, the Board of County Commissioners met, January 9, 1849, and en- acted as follows :

All that district of country in Grant County embraced in township numbered one north of range numbered one west of the fourth principal meridian shall, constitute a separate town to be called " Hazel Green." The first town meeting in said town shall be held at the Empire House.

All that district of country in Grant County embraced in township numbered one north of range numbered two west of the fourth principal meridian shall constitute a separate town to be called " Jamestown." The first town meeting in said town shall be held at the house of Alfred Woods.

All that district of country in Grant County embraced in township numbered two north of range numbered one west of the fourth principal meridian shall be called " Smelser." The first town meeting in said town shall be held at the house of Jonas Smelser.

All that district of country in Grant County embraced in township two north of range numbered two west of the fourth principal meridian shall constitute a separate town to be called " Paris." The first town meeting in said town shall be held at the house of William Richardson.

All that district of country in Grant County embraced in township numbered three north of range numbered one west of the fourth principal meridian shall constitute a separate town to be called " Platteville." The first town meeting in said town shall be held at the house of B. Atwood.

All that district in Grant County embraced in townsbip numbered four north of range numbered one west of the fourth principal meridian shall constitute a separate township to be called " Lima." The first town meeting of said town shall be held at the schoolhouse near the house of F. Johnson.

All that district of country in Grant County embraced in townships five, six, seven, eight and fractional town- ships nine north, in range numbered one, west of the fourth principal meridian, shall constitute a separate town to be called " Wingville." The first town meeting in said town shall be held at W. Bruner's hotel in said place.

All that district of country in Grant County embraced in townships numbered six, seven and fractional eight north of range numbered two west, and townships numbered six, seven and fractional eight north of range num- bered three west of the fourth principal meridian shall constitute a separate town to be called "Fennimore." The first town meeting in said town shall be held at the schoolhouse near P. Dempey's.

All that district of country embraced in township numbered three north of range numbered two west of the. fourth principal meridian shall constitute a separate town to be called " Harrison." The first town meeting in said town shall be held at the house of C. Travis.

All that district of country in Grant County, embraced in township numbered four and five north of range numbered two west of the fourth principal meridian shall constitute a separate town to be called " Highland." The first town meeting in said town shall be held at the house of Col. James McKensie.

All that district of country in Grant County, embraced in township numbered three north of range numbered three west of the fourth principal meridian, and fractional townships numbered two of range numbered three west, shall constitute a separate town to be called " Potosi." The first town meeting in said town shall be held at the. Wisconsin House.

509

HISTORY OF GRANT COUNTY.

All that district of country in Grant County, embraced in township numbered three and fractional township numbered two north of range numbered four west of the fourth principal meridian, shall constitute a separate town to be called " Waterloo." The first town meeting in said town shall be held at the schoolhouse near the house of D. R. Burt.

All that district of country in Grant County, embraced in townships numbered four and five north of range numbered three west of the fourth principal meridian, shall constitute a separate town to be called " Lancaster." The first town meeting in said town shall be held at the court house

All that district of country in Grant County, embraced in townships numbered four and five north of range numbered four west, of the fourth principal meridian, shall constitute a separate town to be called ' Beetown." The first town meeting in caid town shall be held at the Beetown House.

All that district of country in Grant County, embraced in townships numbered three and four north of range numbered five west of the fourth principal meridian shall constitute a separate town to be called " Cassville." The first town meeting in said town shall be held at the house of Mr. Pollock.

All the district of country in Grant County, embraced in townships numbered six and seven north of range numbered four west, also townships numbered five, six and seven north of range numbered five west, also town- ships numbered five and six of range numbered six west, and fractional township numbered six north of range numbered seven west, of the fourth principal meridian, shall constitute a separate town to be called " Patch Grove." The first town meeting of said town shall be held at the schoolhouse near J. M. Dickenson's.

It will thus be seen that the original towns of the county were Hazel Green, Jamestown, Smelser, Paris, Platteville, Harrison, Potosi, Waterloo, Cassville, Lima, Highland-embracing what was Liberty, afterward the townships of Liberty and Ellenboro, Lancaster, Beetown, Wing- ville, Fennimore and Patch Grove.

The present towns of the county are Hazel Green, Jamestown, Smelser, Paris, Potosi, Platteville, Harrison, Waterloo, Cassville, Lima, Ellenboro, Lancaster, Beetown, Glen Haven, Clifton, Liberty, Little Grant, Bloomington, Wingville, Fennimore, Mount Hope, Patch Grove, Wyalusing, Hickory Grove, Woodman, Millville, Castle Rock, Marion, Muscoda, Waterstown and Boscobel.

Hazel Green comprises Township 1, Range 1; Smelser, Township 2, Range 1 ; Platteville, Township 3, Range 1; Lima, Township 4, Range 1; Clifton, Township 5, Range 1; Wingville, Township'6, Range 1; Castle Rock, Township 7, Range 1; Muscoda, Township 8 and fractional Township 9, Range 1; Jamestown, Township 1, Range 2; this township is curtailed to somewhat less than a full township by the indenture of the Mississippi. Paris, Township 2, Range 2; Har- rison, Township 3, Range 2; Ellenboro, Township 4, Range 2, Liberty, Township 5, Range 2; Fennimore, Township 6, Range 2, and Township 6, Range 3, being a double township ; Hickory Grove, Township 7, Range 2; Waterstown, fractional Township 8, Range 2; Potosi, Township 2, Range 3, and fractional Township 2, Range 3; Lancaster, Townships 4 and 5, Range 3, -a double township; Marion, Township 7, Range 3, with the exception of a portion of Sections 5 and 6 cut off by the Wisconsin River ; Boscobel, fractional Township 8, Range 3, being that portion south of the Wisconsin ; Waterloo, Township 3, Range 4, and fractional Township 2, Range 4; Beetown, Township 4, Range 4, and Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, 36, of Township 4, Range 4; Little Grant, Township 5, Range 4; Mount Hope, Township 6, Range 4, except Sections 1 to 6 inclusive; Woodman, fractional Township 7, Range 4, and Sections 1 to 6 inclusive of Township 6, Range 4; Cassville, fractional Townships 3 and 4 of Range 5, and fractional Township 4, Range 6; Glen Haven, Sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, of Township 4, Range 5, and Sections 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36, of Township 6, Range 4; Bloomington. Sections 3, 4, 5, 6, of Township 4, Range 5; half Sections 13, 14, 15, 16, 17, 18, and whole Sections 21 to 36 inclusive of Township 5, Range 5, and Sections 24, 25, 36, 35, 26, 23, 22, 27, 34, 21, 20; fractional Sections 19, 28, of Township 5, Range 6, and Sections 1, 2, 3, of Township 4, Range 6; Patch Grove, Sections 1 to 12 inclusive, and half Sections 13, to 18 in- clusive, of Township 5, Range 5; also 19 to 36 inclusive, of Township 6, Range 5; Milville, Sections 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and fractional Sections 4, 5, 7, Town- ship 6, Range 5, together with Sections 25, 26, 35, 36, and fractional Sections 14, 24, 23, of fractional Township 7, Range 5; Wyalusing, Sections 1 to 18 inclusive, of Township 5, Range 6, and Townships 13, 19 to 36 inclusive, of Township 6, Range 6; together with fractional

510

HISTORY OF GRANT COUNTY.

Sections 14, 15, 16, 17, 18, of same township and range, and fractional Sections 13, 24 and 25, of Township 6, Range 7.

The number of acres in each of the townships in Grant County is as follows :

Township 1 north, Range 1 west.

.23,099.37

Township 2 north, Range 1 west.

23,073.12

Township 3 north, Range 1 west. .22,931.44

Township 4 north, Range 1 west. .23,015.71

Township 5 north, Range 1 west. .23,040.31

Township 6 north, Range 1 west

.22,945.05

Township 7 north, Range 1 west

.22,928.77

Townships 8 and 9 north (the latter fractional), Range 1 west.

22,062.33

Township 1 north, Range 2 west ..

.19,009.29

Township 2 north, Range 2 west.

23,173.04

Township 3 north, Range 2 west

.23,194.69

Township 4 north, Range 2 west.

23,030.40

Township 5 north, Range 2 west.

.23,061.77

Township 6 north, Range 2 west.

.23,037.33

Township 7 north, Range 2 west

18,037.85

Township 2 north, Range 3 west

(fractional township) 7,647.33

23,168.07

Township 4 north, Range 3 west.

.23,211.56

Township 5 north, Range 3 west

23,008.76

Township 6 north, Range 3 west. 22,477.43

Township 7 north, Range 3 west.

22,876.67

Township 8 north, Range 3 west (part south of Wisconsin River)

6,120.14

Township 2 north, Range 4 west (fractional township).

1,047.86

Township 3 north, Range 4 west.

22,940.04

Township 4 north, Range 4 west

22,907.04

Township 5 north, Range 4 west 22,866.22

Township 6 north, Range 4 west.

.22,934.08

Township 7 north, Range 4 west (part south of Wisconsin River). 13,438.49

Township 3 north, Range 5 west (fractional township). 17,833.82

Township 4 north, Range 5 west.

.23,184.55

Township 5 north, Range 5 west

22,948.01

Township 6 north, Range 5 west. 21,645.77

Township 7 north, Range 5 west. (part south of Wisconsin River). 3,008.33

Township 3 north, Range 6 west (fractional township). 3,380.33

Township 4 north, Range 6 west (fractional township) 10,918.05

Township 5 north, Range 6 west (fractional township) 18,986.18

Township 6 north, Ranges 6 and 7 west (fractional townships) 14,480.03

Total

706,469.23

LEGAL JURISDICTION.

Federal Courts .- By Section 4, of the act of Congress entitled "An act to enable the peo- ple of Wisconsin Territory to form a Constitution and State Government, and for the admission of such State into the Union," approved, August 6, 1846, it was, inter alia, provided : *

* "Said State shall constitute one district and be called the District of Wisconsin, and a District Court shall be held therein, to consist of one Judge, who shall reside in said district and be called a District Judge. He shall hold, at the seat of government of said State, two sessions of said court annually, on the first Mondays in January and July ; and he shall in all things have and exercise the same jurisdiction and powers which were by law given to the Judge of the Kentucky District under an act entitled, 'An act to establish the judicial courts of the United States.' He shall appoint a clerk for said district, who shall reside and keep the records of said court at the place of holding the same, and shall receive for the service performed by him the same fees to which the clerk of the Kentucky District is by law entitled for similar services. There shall be allowed to the Judge of said District Court the annual compensation of $1,500."

Section 5 of said act provides for the appointment of a "person learned in the law to act as attorney of the United States " in said district, and provides that, besides the stated fees, he is to receive a salary of $200. It also provides for the appointment of a Marshal for said district,

Township 3 north, Range 3 west.

511

HISTORY OF GRANT COUNTY.

who is to perform the duties and services, and be entitled to the fees and emoluments given to the Marshals of other districts.

By Section 4, of the act of Congress, approved May 29, 1848, entitled, "An act for the admission of the State of Wisconsin into the Union," the provisions of the foregoing section of the act of August 6, 1846, were modified so as to provide for the holding of " one term of said court in each year at the seat of government, to commence on the first Monday in July, and another term of said court in each year at Milwaukee, to commence on the first Monday in January." It also empowered the Judge of the district to hold special terms of court when he should deem it necessary. The records and papers to be kept at either place as the Judge might direct.

The Hon. Andrew G. Miller was appointed the first District Judge under this act, June 12, 1848. Congress by subsequent acts increased the salary of the Judge of this district to $2,500 and $3,500.

By an act of Congress, approved July 15, 1862, the districts of Michigan, Wisconsin and Illinois were constituted the Eighth Judicial Circuit ; but, by an act, approved February 9, 1863,. Wisconsin was made a part of the Ninth Judicial Circuit, and subsequently transferred to the Seventh Judicial Circuit, the Hon. Thomas Drummond, of Chicago, Circuit Judge.

The business of the United States becoming too large for a single District Judge, by an act of Congress, approved June 30, 1870, entitled "An act to establish the Western Judicial District of Wisconsin," the State was divided into two districts-the Eastern and Western. That portion of the State comprising the counties of Rock, Jefferson, Dane, Green, Grant, Columbia, Iowa, La Fayette, Sauk, Richland, Crawford, Vernon, La Crosse, Monroc, Adams, Juneau, Buffalo, Chippewa, Dunn, Clark, Jackson, Eau Claire, Pepin, Marathon, Wood, Pierce, Polk, Portage, St. Croix, Trempeleau, Douglas, Barron, Burnett, Ashland and Bayfield was consti- tuted the Western, and the remainder of the State the Eastern District. The terms were appointed to be held for the Western District, at Madison, on the first Monday in June, and at La Crosse the first Monday in December ; a District Judge for this Western District was provided for. to- gether with a Marshal, District Attorney, a Clerk at Madison, and another at La Crosse. Un- der these provisions, James C. Hopkins, of Madison, Wis., was appointed Judge of said Western District, on the 9th day of July, 1870. F. W. Oakley, of Beloit, Wis., was ap- pointed Marshal, and Charles M. Webb, of Grand Rapids, appointed District Attorney, at the same date. F. M. Stewart, of Baraboo, was appointed Clerk of both Circuit and District Courts at Madison, August 2, 1870, and H. J. Peck, of La Crosse, Clerk at that place, August 18, 1870. On October 19, 1879, Sidney Foote, of Madison, was appointed a Register in Bankruptcy ; and on the 10th of January, 1871, Carson Graham, of Viroqua, was appointed Register at La Crosse.

In 1872, the terms of court were changed by act of Congress, and directed to be held at La Crosse, on the third Tuesday of September, and abolishing the December term there, but reserving to the Judges the right to appoint special terms if they deemed it necessary. In March, 1877, Mr. Foote, Register in Bankruptcy, died and was succeeded by Mr. S. W. Botkin, of Madison. On the 4th of September, the same year, Judge Hopkins died, after a service of seven years. His successor, the present Judge, Romanzo Bunn, of Sparta, was appointed Octo- ber 13, 1877. On the 5th of February, 1878, Henry M. Lewis, of Madison, was appointed District Attorney, vice Charles M. Webb, resigned. These officers now constitute the officers of the Federal Court of the Western District of Wisconsin.

Territorial Courts .- The act of Congress, which provided for the organization of the Wis- consin Territory, declared that the judicial power therein should be vested in a Supreme Court, District Courts, Probate Courts and Justices of the Peace. The Supreme Court was to consist of a Chief Justice and two Associate Justices, any two of whom should be a quorum ; and they were required to hold a term of court annually at the seat of government. The Territory was to be divided into three Judicial Districts ; and it was provided that a District Court or Courts should be held in each of said districts, by one of the Judges of the Supreme Court, at such times

512

HISTORY OF GRANT COUNTY.

and places as might be prescribed by law ; the jurisdiction of these several courts was to be "as limited by law ; " but the act declared, that both the Supreme and District Courts should " pos- sess chancery as well as common law jurisdiction." That "writs of error, bills of exception, and appeals in chancery causes," should " be allowed in all cases from the final decisions of the District Courts to the Supreme Court," under regulations to be prescribed by law, and that in no case, removed to the Supreme Court, should there be a trial by jury. It further provided that " writs of error and appeals from the final decisions of the said Supreme Court " should be "allowed, and taken to the Supreme Court of the United States, where the value of the property or the amount in controversy be ascertained by the oath or affirmation of either party," should exceed $1,000. The Supreme Court was also empowered by the act to appoint its own Clerk, as were each of the District Courts.

The Judges of the Supreme Court, as well as a United States Attorney and Marshal for the Territory, were to be appointed by the President, by and with the advice and consent of the Senate. In spite of vigorous efforts of leading politicians of that early day to induce the Pres- 'ident to appoint to all the leading offices of the new government persons then resident in the Territory, President Jackson appointed as Chief Justice, Charles Dunn, then of Illinois, and, for Associate Judges, he selected William Frazier, of Pennsylvania, and David Irvin, formerly of Virginia, but who had been, during the preceding four years, Judge of the additional or Fourth District of the Michigan Territory, which comprised the whole of that territory west of Lake Michigan. William W. Chapman, of Burlington, Iowa, was appointed United States Attorney, and served until July 4, 1838, when he was succeeded by Moses M. Strong, of Mineral Point. Francis Gehon, of Dubuque, was appointed Marshal, serving until June 19, 1838, when Edward James was appointed to that office.

At the first session of the Territorial Legislature, held at Belmont, commencing October 25, 1836, the Territory was divided into three Judicial Districts, the First District consisting of Crawford and Iowa Counties ; the Second, of Dubuque and Des Moines, and the Third, of the counties of Brown and Milwaukee; and it was further provided, "That Charles Dunn, Chief Justice of the Supreme Court of the Territory of Wisconsin, shall perform district duties in the First Judicial District ; that David Irwin, Associate Judge of said court, shall perform district duties in the Second Judicial District; and that William C. Frazer, Associate Judge of said court, shall perform district duties in the Third Judicial District. It was further provided, that " there shall be two terms of the District Courts held annually in each of the counties now or- ganized in the Territory, at the court house thereof, or place provided for holding court, which terms shall be commenced and held at the respective times, following, to wit : In the county of Crawford, on the first Mondays in May and September; and in the county of Iowa, on the third Monday in May, and the first Monday in October." Grant County, as a part of Iowa County at the time the districts were created, was included in the First Judicial District. At the same session of the Legislature, but subsequent to the districting of the State, several new counties were formed, among them, Grant ; and it became the duty of Chief Justice Dunn to hold terms in the new county which continued a part of his district.

Of Chief Justice Dunn, a late writer speaks as follows : " The Chief Justice of the new Supreme Court was then in his thirty-seventh year, of Irish descent, of Virginia ancestry on his mother's side, a native of Kentucky. Having enjoyed the advantages of nine years' preliminary education at Louisville, before he attained the age of eighteen, and having read law for about three years with distinguished lawyers of Kentucky and Illinois, he was admitted to the bar in the latter State before reaching his majority, and had practiced there during most of the next sixteen years, except so far as his practice was interrupted by the duties of various civil and military offices. He had taken part in the Black Hawk war as Captain of an Illinois company, and had entered Wisconsin with the Illinois forces engaged'in the pursuit of a retreating enemy. Dur- ing the campaign, he had been wounded by a blundering sentinel, and had been disabled for further service. An able and well-read lawyer, endowed with a fine physique, with a counte- nance open, ruddy and frank, whose lines were nevertheless strong and indicative of good sense

513

HISTORY OF GRANT COUNTY.

and a strong will, with a firm, manly and dignified bearing, familiar with the habits of border life, yet with the manners of an urbane and cultivated gentleman, Judge Dunn, though still a young man, had little difficulty in commanding the respect or winning the general good will of the people among whom his lot was now cast.'

The first session of the District Court in Grant County, was held at Cassville, commencing June 5, 1837. The first docket of the court shows the following cases : James H. Johnston vs. A. R. T. Locey, action, trespass. Francis Gehon vs. J. B. Estes, action, trespass. A. Levi & Co. vs. Coyle & Palmer, action, trespass. Stewart McKee & Co. vs. John R. Farnsworth, action, trespass. Holder vs. Keller, action, debt. A. Cornell (assignee) vs. R. Ray, action, same as above. C. A. & C. L. Lagrave vs. J. B. Estes assumpsit, discontinued with leave to withdraw de con.

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History of Grant County, Wisconsin, preceded by a history of Wisconsin, Part 76

Author: Butterfield, Consul Willshire, 1824-1899 Publication date: 1881 Publisher: [Chicago : Western Historical Co.?] Number of Pages: 1050

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: [Chicago : Western Historical Co.?]
Number of Pages: 1050