USA > Wisconsin > Lafayette County > History of Lafayette county, Wisconsin > Part 62
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First .- All miners shall forthwith report themselves to the agent, who will enter their names on a register and give them a written permit to mine on ground which is not leased.
Second .- Without such written permit, no miner shall dig or mine ; he shall forfeit his discovery and all min- eral he digs, and be prosecuted as a trespasser.
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HISTORY OF THE LEAD REGION.
Third .- Any miner who gives false testimony in any dispute or arbitration, or before any magistrate, or who i" convicted of stealing ore or any other thing, setting fire to the prairie or woods, cutting timber where it is prohib- ited, shall forfeit his permit to mine or dig, and no smelter shall purchase his ore or give him any employment.
Fourth .- When going to dig, two or more miners must work in company. They are permitted to stake off three hundred yards square, lines to be north and south and east and west.
Fifth .- A permanent post or stake shall be placed near every digging, with marks designating ownership.
Sixth .- A discontinuance of work for eight days in succession shall cause a forfeiture of ground.
Seventh .- When a dispute shall arise respecting the right to ground, the matter shall be arbitrated among miners or smelters. On their failing to settle it, a reference shall be made to the agent, whose decision shall be final.
Eighth .- No person is permitted to build a cabin, cultivate land, cut timber or settle in any manner without written permission of the agent.
Ninth .- Whenever surveys of discovery are required, they will be surveyed twenty rods by forty, running to cardinal points, the length to correspond with the course of the lead, and the discoverer will be entitled to a certifi- cate of survey.
Tenth .- No miner shall hold two discoveries at the same time, nor shall any miner be permitted to go on other ground until his lead is dug out or sold, nor until he abandons it and renders up his certificate of survey.
Eleventh .- All miners must report to the agent the name of the smelter to whom they deliver their mineral, and the amount they deliver in each quarter.
Twelfth .- No certificate of survey shall be sold or transferred to any other than a miner who has a written per- mit, or to a smelter who has a license ; and no survey or other diggings shall remain unwrought for more than eight days in succession, on penalty of forfeiture.
Thirteenth .- All mineral raised when searching for discoveries or leads must be delivered to a licensed smelter, and to no other person.
Fourteenth .- Any miner who shall disobey or go contrary to any of these regulations shall forfeit his permit to dig or mine ; and should he attempt to cut timber, mine, farm, cultivate land or build cabins without written per- mission from the agent, he will be prosecuted as a trespasser on United States land.
M. THOMAS,
(Signed), ยท Lieutenant U. S. A. and Superintendent of Lead Mines.
FORM OF PERMIT TO MINERS.
- is hereby permitted to dig or mine on United States land which is not leased or otherwise rightfully occupied. He is not to set fire to the prairie grass or woods, and must deliver his mineral to a licensed smelter, and comply with all regulations.
Fever River, 1825.
GENERAL REGULATIONS.
Smelters and lessees will have their ground on Fever River off two hundred yards in front on the river, and four hundred in depth, running in right lines prependicular to the river.
No timber to be cut within one hundred yards of Fever River bank, from one mile above its mouth to and one mile above the point where January's cabins are situated. M. THOMAS,
Lieutenant U. S. Army and Superintendent of Lead Mines.
Persons desirous of taking a lease are notified that bonds in the penalty $5,000, with two sureties, are required, when a lease for three hundred and twenty acres, as usual, will be granted, provided the ground is not occupied. Blank bonds may be had of the agent, who will make the survey when the bonds are given.
REGULATIONS FOR SMELTERS.
This agreement, made and entered into this - day of -, 1825, between Lieut. M. Thomas, Super- intendent of the United States Lead Mines, and lead smelter,
Witnesseth : That the said is hereby permitted to purchase lead ore at the United States lead mines on the Upper Mississippi for one year from the date hereof, on the following conditions :
First .- No purchases of ore to be made from the location of any person without his consent in writing.
Third .- (The record was so made). To smelt with a log furnace or furnaces at all times, when one hundred thousand pounds of ore (or more) are on hand at any one furnace.
First .- No ore, ashes or zane to be purchased or otherwise acquired from any other person than an authorized miner or lessee.
Fourth .- To haul mineral to furnaces when fifty thousand pounds (or more) are dug at any one place of three hundred and twenty acres.
Fifth .- To run an ash furnace when four hundred (or more) thousand pounds of ore have been smelted at any one set of furnaces.
Sixth .- To comply with all general regulations for cutting timber.
Seventh .- To keep books which shall contain an accurate and true account of all lead ore, ashes or zane purchased or dug, of all smelted, and of the amount of lead manufactured or purchased, from whom purchases were made, and from whence the ore was dug; said books to be open for inspection by the United States Agent of Mines, and a monthly transcript of the contents to be furnished to him, to be verified on oath if required.
Eighth .- To clean, or cause to be cleaned, all lead ore previous to smelting it, and to weigh a charge of the log furnace when required, and the lead made from such charges.
Ninth .- To pay to the United States a tax of one-tenth of all lead manufactured from ore, ashes or zane, to be paid monthly, in clean, pure lead, to be delivered at the United States warehouse (near the mines), free of expense.
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HISTORY OF THE LEAD REGION.
Tenth .- To build a strong log warehouse, twenty by sixteen feet, one story high, the logs to be squared so as not to admit of a bar of lead being passed between them ; to have a strong door. with a good and sufficient lock ; to have a log ceiling in the usual manner ; said warehouse to be located at such place as the agent for mines shall direct, to be built free of expense to the United States.
Eleventh .- Not to employ in any manner whatever any miner, lessee or smelter who has forfeited his permit to dig, his lease or license, on written notice to that effect being given by the agent.
Twelfth .- A non-compliance or neglect of performance of any one of the foregoing articles to constitute a forfeiture of this license, and of the bond given for the faithful performance thereof; and on proof being offered to the agent of the United States that such forfeiture has been incurred, his written notice to the smelter shall be sufficient to suspend the stipulations aforesaid.
Thirteenth .- No sale, transfer or shipment of lead is to be made by said smelter, until all arrears or tax which are due are paid, nor any removal of lead from the place of manufacture, without the consent of the agent of the United States. The said - to be allowed wood and stone for smelting and furnaces, and to cultivate enough land to furnish his teams, etc., with provender and his people with vegetables.
It is distinctly understood that the bond given for the performance of the stipulation in this license, is to be in full force and virtue until all arrearages of rent or tax are paid to the agent of the United States, and a written settle- ment is made with him, on which a certificate that no such arrearages exist shall be given, when the bond shall be null and void.
The earliest permit recorded is as follows :
"John S. Miller, a blacksmith, has permission to occupy and cultivate United States land. He will comply with all regulations for the cutting of timber, etc. Twenty acres. Dated May 16, 1825. " (Signed) M. THOMAS," etc., etc.
The first recorded survey of mineral land was of five acres of mineral land (a discovery lot), two acres in length by one-quarter of an acre in breadth, lying and being on what is known as " January Patch Diggings," founded by " beginning at a stake on the north side of a rocky bluff," running to stakes in mounds to the place of beginning. This was a survey for Patrick Dugan and Barney Handley, dated Fever River, May 28, 1825, and signed Charles Smith, Acting Sub-Agent U. S. Lead Mines.
There is also recorded, June 21, 1825, a survey of 320 acres of mineral land on Apple River, for David G: Bates, the original field notes being taken July 2, 1823, signed John Anderson, Major U. S. Topographical Engineers, on Ordnance duty.
A copy of a bill of lading of May, 1825, shows that lead was transported from the Fever River to St. Louis for forty cents per hundred pounds.
According to the regulations, all disputes between the miners were settled by the U. S. Agent. The earliest account of those of which record now exists, is a " Record of Proceedings in the case of Dugan & Welsh and David Mitchell." Joseph Miller and Ebenezer Orne were witnesses for Dugan & Welsh; and Joseph Hardy, Stephen Thrasher and William H. Smith for Mr. Mitchell. There were no lawyers to complicate matters. The witnesses stated what they knew in few words, and the case was summed up and adjudicated by Lieut. Thomas, who gave one-half the mineral dug on the disputed claim to Mitchell, "and it is considered that the other half is an ample compensation to Dugan & Welsh for the labor they bestowed on digging it. Their conduct was violent and quarrelsome, which will be utterly discountenanced at these mines. Mr. Charles Smith, Acting Sub-agent, will see this settlement carried into effect." Signed, M. Thomas, Lieutenant U. S. Army, Superintendent of Lead Mines, and dated May 21, 1825.
In the record of the proceedings in the case of Joseph Hardy vs. Ray, Orne & Smith, on the same day, Israel Mitchell testified that Col. Anderson stated that " Mr. Hardy was the oldest applicant for survey on the river."
The following extract from reports made by Charles Smith to his superior officers, are valu- able as showing the exact state of affairs at that time :
June 11, 1825 .- Hardy and Jackson are running an ash furnace ; Meeker is smelting in his log furnace ; Van Matre's ash furnace will be in operation to-day. Perfect harmony exists among the diggers. The regulations appear to give universal satisfaction. Every man appre- ciates the protection which they afford, and the security they give to their operations presents a stimulus to enterprise, and prevents encroachments upon the rights of others. The difficulty of borrowing or hiring a horse when wanted, has rendered necessary the purchase of one. I have
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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 made 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 other agent as 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 contracts. 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 anc 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, about one hundred and fifty fect 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 January 22, 1827; John Barrel, survey made January 22, 1827; William Henry, survey made January 22, 1827; P. Hogan, survey not made; - Bouthillier, 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
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