USA > Wisconsin > Green County > History of Green County, Wisconsin. Together with sketches of its towns and villages, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 37
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" Together with all and singular heredita- ments and appurtenances thereunto belonging, or in anywise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof ; and all the es- tate, right, title, interest, claim or demand,
whatsoever, of the said parties of the first part, either in law or equity, of, in, and to, the above bargained premises, with the same heredita- ments and appurtenances : To have and to hold the said premises as above described with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever. And the said parties of the first part, for them- selves, their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivering of these presents, they were well seized of the premises above conveyed as of a good, sure, perfect, absolute and indefeasible estate of inheritance in the law, in fee simple, and that the above bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons, lawfully claim- ing or to claim the whole or any part thereof, they will forever warrant and defend.
"In witness whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written.
[Seal.] "'THOMAS A. HOLMES, "URSULA L. HOLMES. "Sealed and delivered in presence of "PHILANDER BIRD, "ALBERT FOWLER." "TERRITORY OF MICHIGAN, "COUNTY OF MILWAUKEE. SS.
"Be it remembered that on the 14th day of March, A. D. 1836, came personally before me, the undersigned, a justice of the peace, for said county, the within named Thomas A. Holmes and Ursula, his wife, to me known, and ac- knowledged the signing, sealing and delivering of the within deed to Abram Bolser for the use and purposes therein mentioned, and the said Ursula, wife of the said Thomas, being by me examined separate and apart from her said hus- band, confessed it to be her free act and deed without the fear or compulsion of her said hus- band.
"Given under my hand the day and year above written.
"ALBERT FOWLER, J. P."
The first mortgage executed by a citizen of Green county was the following:
"This indenture made this twelfth day of March, one thousand eight hundred and thirty- nine, between Joseph W. Smith, of the county of Green, and Territory of Wisconsin, of the one part, and Jacob Ly Brand, of the county
249
HISTORY OF GREEN COUNTY.
and Territory aforesaid, of the other part, wit- nesseth that the said Joseph W. Smith, for and in consideration of the sum of two hundred and five dollars to him in hand paid by the said Jacob Ly Brand, the receipt whereof is hereby acknowledged, hath granted, bargained and sold, and by these presents doth grant, bargain, sell, alien and confirm unto the said Jacob Ly Brand and his heirs and assigns forever, all his interest (it being three-fourths) of that tract or parcel of land situate in the county of Green and Territory of Wisconsin, namely: Lots numbered five, six, eleven and twelve of sec- tion number four, in township number one, of range number seven east; to have and to hold the premises aforesaid with all the privileges and appurtenances thereunto belonging, or in anywise appertaining unto him, the said Jacob Ly Brand and his heirs and assigns forever; provided, always that these presents are upon this express condition that, if the said Joseph W. Smith, his heirs, executors or administrators, shall pay, or cause to be paid, to the said Jacob Ly Brand, his heirs, executors, adminis- trators, or assigns, the sum of two hundred and and five dollars, in current lawful money, in twelve months from date, with interest from date, in manner, partienlarly specified in a cer- tain note or obligation bearing even date here- with, executed by the said Joseph W. Smith to the said Jacob Ly Brand, then and from thence- forth these presents and everything herein con- tained shall cease and be void, anything herein contained to the contrary notwithstanding.
"In witness whereof I have herennto set my hand and seal, the day and year first above written.
[Seal.] "JOSEPII W. SMITH. "Sealed, signed and delivered 'in presence of "JOSEPH KELLY, "JOHN KELLY."
"TERRITORY OF WISCONSIN, ¿ "GREEN COUNTY.
SS.
"I, Joseph Kelly, a justice of the peace, in and for said county, do certify that Joseph W. Smith, whose signature appears to the fore- going deed and who is personally known to me to be the person described in and who executed the same, did acknowledge the same to be his free and voluntary act and deed for the uses and purposes herein mentioned.
"Given under my hand and seal this twelfth day of March, one thousand eight hundred and thirty-nine.
[Seal.]
"JOSEPH KELLY, J. P."
FIRST ENTRIES OF LAND.
Lots No. 3 and 4 in section 23, in township 2 north, of range 9 east, containing 71.86 acres, were entered by Jesse Armstrong, Aug. 17, 1835; and Lots No. 1 and 2, and northwest fractional quarter of sanie section, township and range, containing 230.39 acres, by Isaac Bron- son; Ang. 21, 1835; also by the person last named, the northwest quarter of section 24, in the same township and range, on the 21st of August, 1835.
The east half of the northwest quarter of sec- tion 30, in township 4 north, of range 9 east, was entered by Burley Follett, Dec. 14, 1835; and the west half of the same quarter by Thomas A. Holmes, March 7, 1836.
Township 1 north, of range 9 east, east half of section 9, May 9, 1836, by French Lake; also by the same, on the same day, the northwest quarter, the west half of the southwest quarter and west half of northeast quarter section 8, in same township and range. The next day he entered the east half of the northeast quarter and the northwest quarter of the northeast quarter of section 18, in same township and range.
The east half of the southeast quarter and the southwest quarter of the southeast quarter of seetion 30, in same township and range, was entered by Darius Daniels, May 9,1836. There were many other tracts entered in what is now Green county, afterward during the year 1836.
MISCELLANEOUS "FIRST THINGS."
The first settlement in the county was in 1827, at "Sugar River Diggings," in what is now the town of Exeter.
The first people known to have mined for lead within what are now the limits of Green county were the Sac Indians.
The first flouring mill erected in Green coun- ty was built by John W. Deniston and Abner VanSant.
The first bounty offered by the county board for wolf scalps was in January, 1840. The sum specified was $3 for each scalp.
250
HISTORY OF GREEN COUNTY.
The first court house in Green county was "a two-story frame house, 20x30 feet," and was built in "the town of Monroe," by James Camp- bell and J. Sutherland, in 1840. It was com- pleted and accepted by the county board No- vember 4, of that year. It soon was destroyed by fire.
The first jail in the county was authorized to be erected by the county board in May, 1842.
The first meeting of the county board of Green county was on the 26th of March, 1838.
The first business entered upon by the county board was the appointment of Hiram Rust as "clerk for the commissioners' court."
The first account allowed by the commis- sioners of the county as a valid claim and or- dered paid by them was one to Jacob Ly Brand, amounting to $4.25.
The first election precinct formed included the whole county of Green-March 26, 1838.
The first person who acted as district attor- ney for Green connty was James Churchman.
The first tavern license was issued under an order of the county board to Joseph Payne, and paid by him Jan. 7, 1839.
The first road supervisor in Green county was Bennett Nowlin. He was appointed by the county board Oct. 2, 1838. He refused to serve, and Andrew Clarno was appointed in his place.
The first county seat was located "on the east half of the northeast quarter of section twenty- five (25), in town[ship] 2 north, of range 7 east, at a point designated by a stake," in the pres- ent town of Monroc.
The first grand jury was composed of the fol- lowing named persons: Elijah Austin, Amos Harris, Mordecai Kelly, Joseph Woodle, Jarvis Rattan, Hiram Rust, Thomas Bowen, William Blunt, Peter Wells, John Blunt, Mathew Wells, Joseph Kelly, Jacob Andrides, Hanson Irion, Julius Austin and Augustus Chilton-Hiram Rust was appointed foreman.
The following was the first civil suit begun in Green county.
Volney R. Kimball and William ) Christmas, merchants and part- ners trading and doing business under the name and style of
Amicable Action of Assumsit.
V. R. Kimball, vs. Robert L. Bean.
The first person admitted to the bar of Green county as an attorney was James Churchman. The date of his admission was April 2, 1838.
The first clerk of the "district court of the United States" in Green county was George McFadden, who was appointed pro tem. He only served one day.
The first indictment by the grand jury-a "true bill"-was against Elizabeth Gage. The case was docketed as follows:
The United States vs. Adultery.
Elizabeth Gage.
T. S. Wilson was the first person who served in Green county as attorney for the Territory of Wisconsin. He was appointed by the court on the first day of the term (April 2, 1888). His was a pro tem appointment.
The first court erier in Green county was John W. Deniston. He served during the first (April) term, 1838.
The first deputy sheriffs of Green county were Alfred G. Houghton and Charles Boyls.
The first person admitted to bail on a crimi- nal charge in Green county was Elizabethi Gage, charged with adultery. Her bail was fixed at $100.
The first company enlisted in Green county during the late War for the Union was company C, of the 3d Wisconsin regiment.
The first railroad in Green county was known as "the Southern Wisconsin Branch of the Mil- waukee & Mississippi Railroad."
The first school district "set off" in Green county was in 1840, and was called "Roscoe."
The first recorded village plat was that of "New Mexico," within what is now the city of Monroe.
251
HISTORY OF GREEN COUNTY.
The first meeting house commenced in the county was begun by the Methodists, on the land given them for that purpose in the then village of Monroe, in 1847. It was finished in 1848.
The first bridge built in the county was one erected in 1842, a little northeast of the site of what was afterward the village of Decatur, at the place where the river was crossed by the Indian trail from Sand Prairie to the northern part of the county, and by the Territorial road from Janesville to Galena.
In August, 1852, H. C. Burchard, now super- intendent of the United States mint, held at the seminary, in Monroe, the first Teacher's In- stitue, in Green county. It continued several weeks.
The first bank in the county was opened in Monroe, in May, 1854, by J. A. Bingham and A. Ludlow.
Abner Van Sant and his son-in-law, John W. Deniston, built the first mill in the county. It began as a feed-mill but grew, finally, into a flour mill. It was located on Honey creek.
A Methodist camp meeting, the first in the county, was held in the present town of Jeffer- son, in the summer of 1841.
The first debating society organized in the county wasin what is now the town of Sylvester, in the winter of 1839-40.
The first out-spoken abolitionists in the county were Jacob Ly Brand and J. W. Rogers, of Monroe, and Hollis W. Button, of Jefferson.
At the residence of Matthew Wells, Daniel Harcourt, in August, 1835, preached the first sermon ever listened to in Green county.
The first religious society organized in the county was one by a Methodist minister-Rev. James McKane, who lived in the State of Illi- nois, and was connected with the Rock River Conference. The society thus organized was composed of the following members: Mat- thew Wells, his wife and daughter, Mrs. Maria Blunt and William Baird.
The first coffin made in the county was for Mr. Patterson. The lumber of which it was constructed was brought from Galena by Mr. Hawthorn to make a cabin door.
The first Norwegian who settled in Green county was Lars Larson. He located in the present town of Jordan.
The first laid out Territorial road in Green county was one from Janes' Ferry (Janesville) in Rock county, through Rockport, on Rock river, to "Centreville" and New Mexico, in Green county, thence to White Oak springs and so on westward to the Mississippi. It was "blazed" in the woods and "staked" in the prairies in the spring of 1837, but nothing further done.
The first public school taught in the county was by Daniel R. Howe, in the town of Clarno, the term commencing Dec. 1, 1839. Mr. Howe is now (1884) pastor of the Christian Church in Monroe.
252
HISTORY OF GREEN COUNTY.
CHAPTER X.
GREEN COUNTY FORMED AND ORGANIZED .- LOCATING THE COUNTY SEAT.
The first civilized claimants to the country now included within the boundaries of Wiscon- sin were the French, as already explained in this history. The whole of the northwest was claimed by France from 1671 to 1763, when it was by treaty surrendered to the British. 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 despotic military rule, and so continued until possession passed to the United States. Be- fore the last mentioned event, and during and after the Revolution, the conflicting claims of Virginia, New York, Massachusetts and Con- necticut to portions of the country were relin- quished 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 west- ern side of the Ohio, should be included in a distinct country, which should be called "Illi- nois." 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 relinguished 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 country which subse- quently became Wisconsin Territory (now the State of Wisconsin) was everincluded in "Illi- nois county" as a part of Virginia; nor did the
last mentioned State ever exercise any juris- diction over any portion of what is now Wis- consin either civil or military, or make claim to it by right of conquest. It would be as im- proper, therefore, to say that what is now Green county was once a part of Virginia as to say that it was once a portion of New York, Massa- chusetts, or Connecticut. All laid claim to this region, but none ever exercised jurisdiction over it.
Notwithstanding the passage of the ordinance of 1787, establishing a government over the country northwest of the Ohio river, which region was acquired by the treaty of 1783 from Great Britain, possession only was obtained by the United States of the southern portion,-the northern (and the larger) portion being held by the British government until 1796. Arthur St. Clair, in February, 1790, exercising the func- tions of governor, and having previously organ- ized a government for the country under the or- dinance just mentioned, established in what is now the State of Illinois, but then known as a part of the Northwest Territory, a county which was named "St. Clair." But, as this county only extended north "to the mouth of the Lit- tle Mackinaw creek, on the Illinois," it did not include, of course, any part of the present State of Wisconsin, although being the nearest ap- proach thereto of any organized county up to that date. In 1796, Wayne county was organ- ized, which was made to include, beside much other territory, all of what is now the State of Wisconsin watered by streams flowing into Lake Michigan. But no part of the area now consti- tuting Green county came within its jurisdic-
thanks Pike
HISTORY OF GREEN COUNTY.
255
tion. This immediate region, therefore, al- though a part of the Northwest Territory, had not been erected into, nor did it form a part of, any county.
From 1800 to 1809, what are now the limits of Wisconsin were within the Territory of In- diana, and, in the last year mentioned, passed into the Territory of Illinois. Previous to this time, the county of St. Clair had been extended north, including, beside much other territory, that which now constitutes Green county, but there was not a white settler within the present area of the last mentioned county for about a quarter of a century thereafter; meanwhile, two other Illinois counties took in this immediate region. They were, first, the county of Madi- son, erected Sept. 14, 1812; second, the county of Bond, organized Jan. 4, 1817. However, in 1818, what is now Wisconsin became a portion of Michigan Territory and new counties were formed-the present county of Green becoming a part of a new county erected out of a portion of that Territory.
By a proclamation of Lewis Cass, governor of Michigan Territory, dated Oct. 26, 1818, the counties of Brown and Crawford were formed. Brown county originally comprised all of what is now 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 peninsula lying east of Green bay, which was included in the county of Michilimackinac. The limits of the county ex- tended north into the territory of the present State of Michigan so far that its north line ran due west from the head of Noquet bay.
An east-and-west line, passing near the north- ern limits of the present county of Barron, separated the county of Crawford from the county of Michilimackinac on the north; on the east, it was bounded by the county of Brown; on on the south, by the State of Illinois; and on west, by the Mississippi river.
By referring to any map of Wisconsin, the ader will readily see that what is now the
county of Green fell into Crawford county, ex- cept a strip about three miles off its east side, which formed a part of Brown county. This strip included, of course, the east half of the present towns of Brooklyn; Albany, Decatur and Spring Grove, and the whole of what is now the incorporated village of Brodhead.
By an act of the legislative council of the Territory of Michigan, approved Oct. 29, 1829, to take effect the first day of the year follow- ing, the county of Iowa was established, em- bracing all the present State of Wisconsin south of the Wisconsin river and west of Brown county; in other words, it included the whole of what was previously Crawford county lying south of the Wisconsin river; so that now, all of the area now constituting Green county, ex- cept a strip about three miles in width off its east side, constituted a part of Iowa county.
On the 6th of September, 1834, the eastern boundary of Iowa county was fixed upon the line between the Green Bay and Wisconsin land districts. This line, as shown in another chapter of this history, was the one between ranges 8 and 9 east. By the same act, all that district of country before that time in Brown county lying south of a line drawn east and west at a distance of sixty-six miles north of the Illinois State line, was erected into a new county called "Milwaukie" (now written "Mil- waukee"). The territory now constituting Green county fell, by the passage of this act, into the counties of Iowa and Milwaukie; that it is to say, the tier of surveyed townships now constituting the towns of Brooklyn, Albany, Decatur and Spring Grove, and the incorporated villages of Albany aud Brodhead, were in the last mentioned county; while the territory now constituting the city of Monroe and the other town", remained a part of Iowa county. This division continued until after the formation and organization of Wisconsin Territory.
FORMATION OF GREEN COUNTY.
Green county was formed and named by the following act of the legislature of Wisconsin Territory :
16
256
HISTORY OF GREEN COUNTY.
An act to divide the county of Iowa.
"SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin. That all that part of the county of Iowa, lying west of the fourth principal merid- ian, be and the same is hereby constituted a separate county, to be called Grant.
"SECTION 2. Townships 1, 2, 3 and 4 north, of ranges 6, 7, 8 and 9 east, of the fourth prin- cipal meridian,* shall be and the same are hereby constituted a separate county, to be called Green, and the seat of justice is hereby established at the town of New Mexico, in said county.
[Section 3 establishes the limits of Iowa county, and locates the county-seat. Section 4 fixes the time for the organization of Grant county. Section 5 appoints commissioners to locate the county-seat of Grant county, perma- nently, and establishes it, temporarily at a point named. Section 6 provides for holding the dis- triet court in the county last mentioned. ]
"SECTION 7. That all suits, prosecutions and other matters which are now, or shall on or be- fore the 4th day of March, next, be commenced of pending in the district courts of the United States, for the counties of Brown, Iowa, Craw- ford and Milwaukee, or in the county court for either of the said counties, or in the Supreme court of the Territory of Wisconsin, or in the District courts in any of said counties, or in any judicial district in said Territory, or before any justice of the peace in any of said counties, shall be prosecuted to final judgment and execution before the same courts and in the same county, as they would have been if this act had not been passed; and the same proceedings shall be had in all such suits, prosecutions and other matters as would have been had if this act had not been passed.
*For a diagram of the county, showing in outline, the va- rious townships, which by this act were erected into the county of Green, see Chapter VI -- "United States Land Sur- veys."-ED,
[Section 8 provides for payment of the com- missioners, to locate the county-seat of Grant county.]
"SECTION 9. That this act shall be in force from and after the 4th day of March next.
"P. H. ENGLE, "Speaker of the House of Representatives.
"HENRY S. BAIRD, "President of the Council. "Approved, Dec. 8, 1836.
"H. DODGE."
The territory set apart by this act, as Green county, was again defined to be the proper area by the Revised Statutes of 1849 (Chap. 2, Sec. 12), as follows:
"The district of country included within the following boundaries shall form and constitute the county of Green, to-wit:
"Beginning at the southeast corner of town- ship 1 north, of range 9 east of the meridian aforesaid [fourth principal meridian], in the boundary line of this State; running thence north, on the range line between ranges 9 and 10 east, to the northeast corner of township 4 north, of range 9 east; thence west, on the town- ship line, to the northwest corner of township 4 north, of range 6 east; thence south on the range line, to the southwest corner of township 1 north, of range 6 east; thence east on the boundary line aforesaid, to the place of begin- ing. [Same in Revised Statutes of 1859 and 1878]."
By the peculiar wording of this act (Section 7), it will be seen that after the 4th day of March, 1837, there was no provision for the commencing, by the inhabitants of Green county, of suits in any courts of the Territory of Wis- consin. An amendment proposed to the act just recited, attaching this county to that of Iowa, for judicial purposes was postponed. After the date last mentioned, Green county was not only without any government or legal organization, but also outside the jurisdiction of any court in the Territory. It so continued until the county was organized.
257
HISTORY OF GREEN COUNTY.
At the time of the passage of the "act to divide the county of Iowa," one of the repre- sentatives of that county in the Territorial leg- islature, was William Boyls. He was a resi- dent of what is now the town of Cadiz. Con- cerning the origin of the name given to this county, Miss Bingham, in her history, says:
"About the same time that Wisconsin was sep- arated from Michigan, Iowa county constituted with her portion of the future little Green one election precinct. Henry Dodge, the first gov- ernor of the new Territory, apportioned to each county its number of councilors and represent- atives, and the number allotted to Iowa county entitled her eastern election precinct to one rep- resentative. The election was held where Mon- roe has since grown up, at the blacksmith shop of a Mr. Brown (familiarly known, from the material of his clothes, as Buekskin Brown), and resulted in the election of William Boyls, of Cadiz. Other things than politieal affiliations determined a candidate's success in those days. There were very few young women in the coun- try, and it is said that every single man in the precinct favored the election of M". Boyls, bc- cause he had eight unmarried daughters. A the first session of the first Wisconsin legisla- ture, which convened at Belmont, Iowa county, in the fall of 1836, Mr. Boyls presented a peti- tion (which had been drawn up and circulated by Daniel S. Sutherland), asking for the organ- ization of a county which should have the limits of the present county of Green, and be called Richland. The petition was granted, so far as setting off a new county was concerned, but some one objected to the name because it was "too matter-of-fact," and Mr. Boyls was invited to select another. According to one account he selected Green, as indicative of the bright color of the vegetation, and refused to change it to Greene, in honor of Gen. Greene. Another ac- count says he selected Greene, and when the act of the legislature was printed, the final e was omitted by mistake. Be this as it may, for some years the name was usually written Greene."
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