USA > Wisconsin > Lafayette County > History of Lafayette county, Wisconsin > Part 73
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The next morning after arriving at the Mounds, Gen. Dodge's command was dismissed to their respective forts for a new supply of provisions. Gen. Atkinson, who had broken up his encampment on Bark River, soon arrived with his troops, so that on the 26th of the month, the entire army rendezvoused at Helena, on the Wisconsin, and, crossing the river, took the Indian trail which was down the valley, and by the 2d of August, the Indians were overtaken and most disastrously beaten. Here, as at the battle of Wisconsin, Dodge's command occupied the front rank, the engagement having been brought on by Capt. Dickson, who still commanded the spies and was wounded in the conflict. It was more a massacre than a battle, as the Indians only fought as they were compelled to, many of them being killed as they were crossing the river, men, women and children. This was the closing conflict of the war. Black Hawk was soon after taken prisoner, and conducted through the principal cities of the Union.
Thus ended all Indian difficulties, and from that period the progress of Wisconsin has been rapid and astonishing.
Among these who settled in the county was M. G. Fitch, Thomas H. Price, who made claim in the north end of the county ; John J. Van Matre and Morgan L. Van Matre, Ohioans, in the township of Fayette ; also Elias Crane, John, George Adam and Jonathan Helm, in the upper end of Wiota ; Rufus and Benjamin Scott, in Willow Springs; John and William Arm- strong, Isaac Bailey, Aaron and Samuel Colly, in Fayette; James Woods, in Wiota; Christopher Blackgraves, William and James Tolley, John Parkinson, Elias Pilling, Jacob and George Mona- han, in Willow Springs, and all farmers ; Amos Eastman and brother, James, Joseph and Alfred McKnight, and the Gurley family, in Wayne ; D. S. Hawley, John G. Saxton, William Biggs, William, George and Robert Brazle, Joshua Chilton, Amos Cunningham, Jonas Shook, the Gabriel family, and others, in Argyle; the Rudolph family, Elias Slowther, and others, in Gratiot, and in Benton, Belmont and other townships, the exhibit was equally gratifying.
On the 6th of May, 1835, Gen. Jackson, then President of the United States, in pursuance of the fourth section of the act of June 26, 1834, issued his proclamation for a public sale of lands in the Wisconsin District at Mineral Point, commencing on the 7th day of September, and appointed John P. Sheldon, Register, with Joseph Enox, Receiver. This attracted pur- chasers from all parts of the country, and appreciated the number of population. The land troubles, growing out of these sales, have already been referred to, but produced no other than a beneficial effect. From this date on to 1837, when the county was set apart, the history of events has been detailed in the pages devoted to incidents and facts falling within the limit of previous years. From 1827, up to the year when La Fayette County was organized, its life was as that of an individual.
Thus far has the historian sought to drag up lost honors in the history of La Fayette County. He may have succeeded imperfectly, but he has labored earnestly, enthusiastically. There are those who still live that remember some of the incidents herein recorded, in whose breasts the old fire has not died out altogether ; who remember the spring, the summer and the autumn days of life as it was lived half a century gone. There are those who aided the beginning of this undertaking who will ne'er again see the spring sunshine flood the heavens with transient glory ; summer breezes will no more rustle the foliage for some whom the writer met in happy moments less than a year agone ; since, their funeral trains have wound up
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HISTORY OF LA FAYETTE COUNTY.
the hillsides, and the green earth has opened its arms to another weary life. The church-yard gate has closed since then, and will close again before the birds resume their nest-building in the trees that will wave about the grassy mounds. For here, as everywhere, " He giveth His beloved sleep."
ORGANIZATION OF THE COUNTY.
That tract of land now known on the map of Wisconsin State as La Fayette County came under the progressive influences of civilization in 1824, when, as recounted elsewhere in this volume, white men settled in the vicinity of New Diggings. At that period, La Fayette County was unknown to fame, and few of the sturdy miners suspected the herculean scion, born under the protecting ægis of their presence, should arise to the eminence of cutting adrift from the parent province and appealing to the world for individual recognition.
Iowa County embraced in her expansive clasp the territory extending to the banks of the Mississippi, subsequently subdivided and denominated, respectively, Grant and La Fayette Counties. Tidings of this country, rich in mineral and blessed with a fecund soil, became bruited abroad, with the natural result of attracting thither a heterogeneous population, in which the miner and agriculturist struggled for ascendancy. Nature, liberal in her bounty, had provided prolific fields for all, and, in recognition of this fact, the diverse elements settled down to har- monious industry.
Constant accessions to the population rendered the administration of justice a problem of some difficulty, owing to the vast range of territory. A division of the county was advocated, and a re adjustment of county boundaries was demanded. The agitation resulted successfully in 1847, when, in February of that year, an act of the Legislature decided in favor of a division. At that time, Jameson Hamilton, an enterprising settler, was surveying a portion of ground situated about one and a quarter miles southwest of the present site of Darlington. He was engaged laying out a town site and had erected one or two houses. Appreciating the advan- tage conferred on surrounding property by the presence of the county seat, he improved the occa- sion by tendering to the infant county of La Fayette a selection of sites for county purposes. Shullsburg and New Diggings were fully alive to the exigency of the occasion, and their repre- sentatives strenuously exerted themselves to procure the selection of their own villages. Hamil- ton claimed to be the hub or geographical center of the county, and, therefore, entitled by law to the honors and profits of a county seat. New Diggings and Shullsburg did not advance any natural pretensions, but asserted their claims for recognition as centers of population. The dis- cussion was terminated by submitting the merits of the rival claimants to the popular vote, a majority deciding in favor of Shullsburg. The primitive Methodist Church of that place was rented, and there the county offices were located for some time.
The following official document, filed before William Henry, Notary Public, and with Sam- uel G. Bugh, Register of Deeds, clearly aligns the position of the two counties at the time of secession :
Article of agreement entered into this twenty-third day of December, in the year of our Lord One Thousand Eight Hundred and Forty-seven, between the Board of County Commissioners of the County of La Fayette, in the Territory of Wisconsin, of the first part, and the Board of County Commissioners of the County of Iowa, in the said Territory of Wisconsin, of the second part, Witnesseth that for and in consideration of the sum of Seven Hundred and Fifty Dollars, paid unto the party of the second part, by the said party of the first part, and of the covenants and stipulations hereinafter mentioned, the said party of the second part, to wit: The said Board of County Com- missioners of the County of Iowa, for and in behalf of the said County of Iowa, and their successors in office, hereby covenant and agree, and bind the said County of Iowa, to pay all the debts and liabilities of whatever kind and nature of the old County of Iowa, upon the following conditions, to be performed and fulfilled by the said Board of County Commissioners of La Fayette, or their successors in office, acting for and in behalf of said County of La Fayette. That is to say, the said Board of County Commissioners of La Fayette County, for and in behalf of the said County of La Fayette, and their successors in office, hereby release, relinquish, give up, surrender, transfer, make over, and assign unto the present County of Iowa, the said party of the second part, all right, interest, title, and estate of every kind and nature, both in law and in equity, of the said County of La Fayette, the said party of the first part, in and to all the public buildings, and the lot or grounds on which they are situated, known and designated as part of Lot Number Fifty-Three (53), being the same lot conveyed by Patent of the United States to Robert C. Hoard, William I. Dening and John Lindsey, County Commissioners of Iowa County. Wisconsin Territory, bearing date the nineteenth day of December, in the year of our Lord One Thousand Eight Hundred and
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HISTORY OF LA FAYETTE COUNTY.
Forty-four, and recorded in the office of the Register of Deeds, of the County of Iowa, on the twenty-ninth day of January, in the year of our Lord One Thousand Eight Hundred and Forty-five, in Patent Book A, page 21, hereto- fore owned by the old county of Iowa, and situated in the town of Mineral Point, in the said county of Iowa, and Territory of Wisconsin ; and hereby give and surrender up to the present county of Iowa full, exclusive and entire control and possession of all the public buildings and grounds situated as aforesaid, and the said Board of County Commissioners of La Fayette County, and their successors in office, hereby release, relinquish, give up, surrender, transfer and assign, and make over unto the present county of Iowa all the right, title and interest, claim, or demand of every kind and nature, both in law and equity, of the said County of La Fayette, in and to the assets of every kind and nature, legal and equitable, heretofore owned by and belonging to the old county of Iowa, and here- tofore owned by and belonging to the present counties of Iowa and La Fayette, according to the proportions to which they were respectively entitled, under the act of the Legislature of the Territory of Wisconsin, providing for the division of the old county of Iowa and the organization of the present counties of La Fayette and Iowa and the said present county. The said party of the second part is hereby, and by virtue hereof, authorized and empowered to take full and exclusive possession and control and ownership of the right, title and interest, legal and equitable, of the said county of La Fayette, in the said assets ; and it is hereby understood and agreed by and between the said parties hereto, and the said Board of County Commissioners of the said county of Iowa, for and in behalf of said county of Iowa, and their successors in office, for the considerations aforesaid, and herein mentioned, hereby release the said county of La Fayette from all and every liability on account of and for the debts of the old county of Iowa, saving and excepting any costs or expenses which may accrue from the suit now pending against the said county of La Fayette, which said costs and expenses, and which defense of said suit, shall be paid and borne by the said county of La Fayette, which said suit being that wherein Henry Connith, Matthew Newkirk and others are com- plainants in chancery, and Edward D. Rocke, Collector of said county, is defendant. It is hereby understood, how- ever, that the said county shall only be liable for the said costs and expenses of said suit and the defense of the same, and not for the claim or demands of the complainants in said suit. And the said Board of County Commis- sioners, and of the said county of La Fayette, the said party of the first part, for and in behalf of said county of La Fayette, and for and on behalf of their successors in office, in consideration of the covenants and stipulations herein contained, hereby agree to pay for and on behalf of the said county of La Fayette, unto the present county of Iowa, or their assigns, the just face and lawful sum of Seven Hundred and Fifty Dollars, on or before twelve months from the date of this Article of Agreement. And the said Board of County Commissioners of La Fayette County, the said party of the first part, for and on behalf of the said county of La Fayette, in the premises, grounds and public buildings herein conveyed unto the Board of County Commissioners of Iowa County, and their successors in office. In witness whereof, we have hereunto interchangeably set our hands and affixed our seals of office as County Com- missioners of the said counties of Iowa and La Fayette respectively, this twenty-third day of December, in the year of our Lord One Thousand Eight Hundred and Forty-Seven.
Signed, sealed and delivered in presence of R. E. CAMPELLL, M. M. JACKSON, County Commissioners of La Fayette County.
JOHN J. VAN MATRE, JOHN GRIFFIN,
R. E. CAMPBELL, Clerk of the Board of County Commissioners, La Fayette County, Wisconsin Territory.
M. M. COTHREM, Clerk of the Board of County Commissioners, Iowa County, Wisconsin Territory.
JOHN MALLANPHY, F. C. KIRKPATRICK, A. A. CAMP,
County Commissioners of Iowa County.
The first meeting of the Commissioners for La Fayette County was held May 3, 1847. Allan Warden was sworn in and took his seat to fill the vacancy occasioned by the division of Iowa County. The other Commissioners were John J. Van Matre and John Griffin, held over according to the provisions of the law dividing the county of Iowa. John J. Van Matre was elected Chairman. The business transacted was the appointment of William Burnett as Treas- urer. James H. Knowlton was declared Prosecuting Attorney to January 1, 1848. H. A. Brannan presented his certificate of an appointment from Gov. Dodge to the office of Auction- eer and Certificate Recorder. The other offices were filled by Samuel G. Bugh, County Register, and Washington M. Hinman, County Surveyor. The county seat was declared to be temporarily located at Shullsburg. In lieu of an official seal, a substitute was improvised by the use of the American dollar of 1842 coinage, until a suitable die and press were obtained from Saint Louis, Mo. Among the first orders engrossed on the Minute Book, was an order constituting Town 1, Range 5 east, a separate precinct under the title of Wayne. The first election was held there at the house of Amos Eastman. Once alienated from Iowa County, a distrustful feeling took posses- sion of La Fayette, which questioned the financial standing of its parent, and caused an order to be registered fixing the receipt of Iowa County bonds only at their cash value in payment of claims.
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HISTORY OF LA FAYETTE COUNTY.
The Assessors' districts were delineated as follows : District No. 1, commencing at the southwest corner of county, running east to Sections 34 and 35 in Town 2, running due north to north line of La Fayette County. No. 2 embraced the area between Sections 34 and 35, Town 2, thence east to Town 4, between Sections 30 and 32, thence to north county line. No. 3 commenced between Sections 31 and 32, in Town 4, thence running in line to Green County, and north to line of La Fayette County. The foregoing dimensions were subject to alteration at the discretion of Assessors.
The first official map of the county was completed and sold as a reference book to the Com- missioners for $142. The Assessors' returns for 1847 in Districts 1 and 2 show an aggregate valuation of lands and property at $267,536.85.
The first tavern license under the new organization was issued to David Hudson, of New Diggings, who was granted a certificate in consideration of providing for the wants of James Frances and Daniel O'Brine, who divide the uncoveted distinction of being the first paupers sup- ported from the public funds.
FIRST GRAND JURY.
The first grand jury roll was drawn in this year, 1847, when the following gentlemen were called upon to make a presentment of crime in the district :
Wiota Precinct-James Van Matre, Rafael Caldwin, Thomas Cheilton, Anthony Miller, Albert G. Pinney, Bennett Million, John E. Eldred, William P. Truesdell.
Gratiot Precinct-Samuel Cole, Henry Rodolf, Prairies J. Bishop, William Monroe and John Armstrong.
Belmont Precinct-Nathan Olmsted, Oliver Holtzhouser and Samuel Warren.
White Oak Springs-John W. Blackstone, Samuel H. Scales and Andrew Burnside.
Benton Precinct-H. M. M. Gummeigel, Thomas S. Shaw, Thomas Burrill and O. C. Stockhardt.
Shullsburg Precinct-William H. Howard, Richard Vaughan, Andrew Harrison, Edward H. Gratiot, F. E. Halsted, Charles Pole, Edward McNulty, Marshall Cottle, Benjamin F. Funk, Absalom A. Townsend and John O'Connor.
Fever River-William F. Derring, D. O'Connor, Thomas K. Gilson, William G. Rea, Abram Looney, James Parkison, F. B. Hamlin.
Elk Grove-Henry B. Phillips, William J. Madden, Justus D. Selhorst, Henry Curtisfand Ashford Rollins.
Willow Springs-John Ray, Samuel Davis, Charles Bracken and James Noble.
FIRST PETIT JURY.
The following list of persons was drawn and returned to the County Clerk to serve as petit jurors during the year 1847 :
Wiota Precinct-M. B. Chilton, Owen Pate, James Woods, Herman Eastman, Henry Van Wagenen, Crawford Million, Hermann Milles, George S. Way, George Schellenger, William Porter, John F. Brown, William Trevoy, Thomas Morris, Robert Threadgold, Elijah Soles.
Gratiot Precinct-Elias Slothower and Beri W. Tuttle.
Prairie Precinct-John Journey, Peter Parkinson, William M. Tourgee, Samuel Colley, Joseph H. Van Matre.
White Oak Springs Precinct-E. F. Ogden, David Southwick, Andrew Johnson, James L. Davis.
Benton Precinct-J. O. P. Dean, Joseph Marshall, P. Gillett, J. Robbins, Eldridge Parker, James M. Day, Jonas Stout, George S. Base, Warren Johnson, Chauncey Bebee, W. H. McConin.
Shullsburg Precinct-Joseph Carnes, Gilman Sevey, Andrew Sterett, James McQuade, John Ryan, William Bell, Morris Kennedy, S. S. Mundy, Martin Laughton, Patrick Sullivan, Thomas McNulty, J. A. Bain.
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HISTORY OF LA FAYETTE COUNTY.
Fever River -- William Fisher, John Todd, William Waters, Solomon Oliver, William Hood, James H. Earnest, Peter Pedalty.
Elk Grove-David Hodges, Joseph White, Charles Brownell, John P. Cook.
Willow Springs Precinct-N. Dunphy, Thomas H. Sheldon, Joseph Monahan, Elihu Hall, Alexander Moore, Elias Pilling, David H. Clement.
Belmont Precinct-Abner Westrope, William Smead, James H. Gentry, Ambrose Sherrill. The deliberations of the grand jury were conducted in the lodge-room of Justitia Lodge, No. 14, I. O. O. F. The members of that fraternity having tendered the use of the chamber, in absence of more suitable quarters.
At that time, as now, the county enjoyed rare immunity from crime, and the few persons incurring the displeasure of the law were incarcerated in Iowa County Jail, as La Fayette had not then experienced the want of an institution to protect the liberties of her law-abiding ·citizens.
Herewith is published the result of the second county election in January, 1848 :
J. J. Marvin was elected Clerk of the board ; George L. Bass, County Collector ; William Hood, District Surveyor ; Andrew Orr, Treasurer ; John W. Long, J. J. De Latour and Daniel Fetters, Assessors. Road Supervisors-District 1, Abraham Looney ; 2, Charles Dodge; 3, William Evans; 4, A. V. Gillett ; 5, R. G. Waud ; 6, Anthony S. Johnson ; 7, Elias Morris ; 8, Nathan Olmsted ; 9, David Wright ; 10, Ebenezer Bostwick ; 11, Peter Slothower; 12, Anthony Miller ; 13, Amos Eastman ; 14, Geo. L. Way ; 15, K. Knudson ; 16, Fred Hummel ; 17, James S. Chambers ; 18, James Tolley ; 19, Jameson Hamilton ; 20, L. J. Seeley; 21, Jake Jenkins. County School Commissioner-Michael Dunphy.
The first school fund appropriation was passed at the annual meeting in October, 1848. The total was $461.88, a modest sum that was apportioned to the various districts as follows :
Gratiot, $10.12 ; Coon Branch, No. 4, $45.54; Big Springs, $9.24, Whiteside, $6.60 ; Apple River, $14.96 ; Prairie, $12.98; Wiota, $25.08; Benton, $35.64 ; Westrope, $17.16; Democrat, $16.94 ; Hunter's $15.62; New Diggings, $54.34 ; White Oak Springs, $28.82; Fever River, $8.36 ; Elk Grove, $16.28 ; Gratiot, $11; Washington, $6.16; Willow Springs, $11.22 ; Hamilton, $10.78 ; Independence, $14.08; Belmont, $16.50 ; Shullsburg, $74.36.
RE-ORGANIZATION OF TOWNSHIPS.
On January 12, 1849, at a meeting of the County Commissioners, the county was re-organ- ized. when the towns of Benton, New Diggings, Argyle, Wayne, Belmont, Kendall, Elk Grove, White Oak Springs, Gratiot, Shullsburg, Hamilton, Fayette and Wiota were duly defined and orders issued for the first election of Town Trustees. The Board of County Supervisors was organized June 4, 1849, when a meeting of the Chairmen of the Town Boards was held in the Methodist Episcopal Church at Shullsburg. John Z. Saxton was chosen temporary Chairman, and the Committee on Credentials presented the following as qualified to represent these localities :
George Schellinger, Wiota ; John Armstrong, Fayette ; Samuel Cole, Gratiot ; John Z. Saxton, Argyle; Joseph White, Elk Grove; Charles Dunn, Belmont ; James Murphy, Benton ; Russel Baldwin, Wayne; Nathan Olmsted, Kendall ; Ami Dodge, New Diggings ; John W. Blackstone, White Oak Springs ; John Ray, Willow Springs ; James H. Knowlton, Shullsburg ; Henry W. Barnes, Centre.
Charles Dunn was appointed Chairman of the permanent board; James H. Knowlton, Nathan Olmsted, and John W. Blackstone were appointed a special committee to procure suita- ble accomodation for the county officers. As a result of their labors, a contract was drawn up between the county and Richard Vaughan, who, for the consideration of $10 per month, agreed to furnish the requisite facilities.
THE COURT HOUSE.
The question of providing a court house was agitated about this time. A committee was appointed to inquire for the best terms on which they could negotiate a loan of $1,000, and
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HISTORY OF LA FAYETTE COUNTY.
report at the annual meeting. That in case such loan should be perfected, the amount so raised was to be appropriated to the erection of a court house, measuring 60x40 feet ground measure. What success attended the efforts to effect this loan is not known, as the records show no report from the committee. The next report that appears is one from a building committee composed of Albert Pinney, B. Funk, James Noble, H. F. Striker and George Schellenger. On their recommendation, Block 12, in the village of Avon, formerly Hamilton, town of Centre, was selected as the site of the future county seat; $2,000 were appropriated, and proposals invited for the work. The specifications of E. Weisen, the architect, called for a building 44x60 feet, with stone walls ; the foundation to be eight feet below the principal floor, the walls to be three feet thick in the clear, with two and one-half feet thickness above. The second story was to be twelve feet clear, with walls two feet thick, with arched ceiling. The work on the interior to be plain and of substantial build. The cornice pillars and outside wood-work were to be of the Doric style, with caps and bases. The work was to be completed November, 1, 1851. G. W. Gates and W. L. Glidden's proposal to execute the work for $4,550, was accepted. The rumored change of the county seat provoked a tumult of angry passions in the breasts of those who had been instrumental in securing the prize for Shullsburg. Litigation was resorted to and a mandamus obtained to prevent further prosecution of the work. This act was the initiative in an internecine conflict that was waged long and energetically by the adherents who supported the respective claims of the rival town. In the height of the trouble, Rev. Mazzuchelli and Mr. Ryan donated Lot 10 in Shullsburg to the county for the erection thereon of a county court house and jail. The sum of $2,000 was appropriated in favor of this project. A building committee, composed of J. H. Earnest and J. W. Blackstone, reported back to the Board of Supervisors, declining to act in the premises, as the sum of $2,000 was insufficient, and only hampered their freedom of action. An additional sum of $2,000 was thereupon granted, conditioned on Shullsburg sub- scribing $1,500 for the establishment of the court house in their midst. The contractors were McKidney & Townshend, who turned over the first county edifice to the Board of Supervisors, on June 2, 1853. Insurance policies covering the building were accepted by the Ætna and Protection Insurance Companies, for a premium of one per cent.
The deep dissatisfaction of Avon, which had been brewing in ominous quiet, found expres- sion in 1855, when a resolution, passed at the Town Board, was presented to the Board of Supervisors at their November session. The resolution recommended that a bill be presented to the Legislature at its next session, to secure the passage of an act submitting the location of the county seat to the people. It was urged that the jail was worthless, and the court house needed constant repairs. It was also claimed that by removing to Avon, the geographical center of the county, the traveling expenses attendant on court terms would be diminished, thereby effecting a saving of the county funds. These resolutions may be assigned as a reason for the non-adoption of a report providing $200 for jail repairs.
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