USA > Wisconsin > Waupaca County > History of Waupaca county, Wisconsin > Part 3
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The Wolf River flows through the eastern part of the county, and is navigable for large steam- boats at all stages of the water. The Little Wolf
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HISTORY OF WAUPACA COUNTY.
River empties into the Wolf at about the center of the town of Mukwa, and is valuable chiefly on account of its excellent water powers. So, also, is the Embarrass River, which empties into the Wolf at New London. The Waupaca River also possesses valuable water power. The Pigeon River in the northern, South Branch of the Little Wolf in the central, Crystal in the southwestern, and Little River in the southern, are all excellent water powers, and much improved.
Our railroad facilities are good. The Wisconsin Central enters the county near the southeast cor- ner, and passes through it in a northwesterly di- rection, on its way towards Lake Superior. The Green Bay, Winona & St. Paul road enters the county at New London, running westward, and making connection with the Central at Amherst Junction, in Portage County, a few miles west of the west line of Waupaca County. The Milwau- kee, Lake Shore & Western passes through that portion of the city of New London lying in Outa- gamie County, touches two sections in Lebanon, cuts off the northeast corner of Bear Creek, and crosses the towns of Larrabee and Dupont. Fre- mont, Weyauwega, Waupaca and Sheridan are on the Central; New London, Northport, Ostrander, Royalton, Manawa, Ogdensburg and Scandinavia on the Green Bay, Winona & St. Paul; and New London, Clintonville, Buckbee and Marion on the Milwaukee, Lake Shore & Western.
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HISTORY OF WAUPACA COUNTY.
Our winters are rather cold, but not colder than in the same latitude farther east. But our snows are much less-none too much for good sleighing, and often not enough for that. We seldom get much snow until after New Year. The cold weather generally comes on gradually during the month of December, and continues without much change until about March. Vegetation starts rather late in the spring, but it grows rapidly when it does get started, and comes to maturity early.
Our climate is very healthful. There are no mi- asmatic diseases, and but few pulmonary com- plaints. The air is pure, bracing and invigorating, and somewhat exhilirating. Many in the incipient stages of pulmonary complaints at the East have been permanently benefited by coming here. The water here is good, and can generally be obtained by digging from ten to twenty-five feet. In many parts of the county artesian or flowing wells are readily obtained by boring from seventy to one hundred feet. In most parts of the county are clear, running streams, affording an abundance of excellent water for stock and other farm uses.
Some towns in the county are settled mainly by emigrants from the Middle and Eastern States. A few have a large proportion from Germany, Den- mark, Norway and other parts of Europe. Sober, intelligent, industrious and enterprising, as the majority of them are, it is no wonder than our
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HISTORY OF WAUPACA COUNTY.
county is so rapidly improving in wealth and real prosperity, and that it already ranks among the leading counties of Northern Wisconsin.
In every neighborhood are found free schools, where the children of the poor, as well as the sons and daughters of the wealthy, enjoy all the ad- vantages of a liberal education. Our school code is one of the best in the world.
Taxes are, perhaps, rather higher than in some of the older states, as must of necessity be the case in a new country, where there is so much to be done in the way of building school houses, laying out and finishing roads, building bridges, etc.
The emigrant from Europe or the Eastern States, in search of a permanent home, would do well to take a look at some of our Wisconsin counties be- fore roaming farther towards the setting sun. Here he will find a climate healthful and invigorat- ing. Not so in many other Western States. He will find here a good soil, pure water, plenty of wood, cheap lands, a ready market, and no grass- hoppers! Near the Rocky Mountains he may not be so fortunate. Our sober, intelligent population, our schools, our churches, our good society, present no mean attractions to the immigrant raised in the older states, or in any other part of the world.
Wisconsin counties are becoming rapidly settled. In a few years the man of small means will be obliged to "go farther west." Our farms will ma- terially increase in value, villages will spring up,
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HISTORY OF WAUPACA COUNTY.
and many of them will become important cities. Manufactories will be needed, mechanics will pros- per, and the man who this year or the next invests his small capital in Wisconsin property may in a few years be ranked among the wealthy men of the great and rapidly growing Northwest !
CHAPTER V.
SURRENDER OF THE INDIAN TITLE -GOVERNMENT SURVEYS - PRELIMINARY SURVEY BY WILLIAM B. MUMBRUE -SET- TLERS' LEAGUE -INCIDENTS -PRIMITIVE JUSTICE - ILLUS- TRATION - A DUTCH JUSTICE.
Comparatively, it has been but a few years since the Indian Title to the lands in Waupaca county was extinguished, and the final surrender made to the whites, on the first day of June, 1852. On the east side of Wolf River the whites had come into possession several years previously. The govern- ment survey on the east side of Wolf River was made by Hon. Theodore Conkey, in 1848. The survey in the towns of Fremont, (the part west of the river), Wevauwega, Mukwa, Royalton, Little Wolf, Union, Lebanon and Bear Creek was made by Samuel Perrin, in 1852; in the towns of Larra- bee and Dupont, and the north half of Helvetia, (Township 25, Range 12), by A. V. Balch, in the winter of 1852-53; in the town of Matteson by A. V. Balch and Ira Sumner, in March, 1853; in Township 25, Range 11, by - Huntington, in the fall of 1853.
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HISTORY OF WAUPACA COUNTY.
Previous to the government surveys, settlers had commenced pouring into the "Indian lands," as this section of the country was then called. Claims were being staked out and made, and the tents and log cabins of the squatters were appearing on every side. Still, all was uncertainty. Where the lines would finally come, or on whose lands their improvements would prove to be, the settlers were profoundly ignorant. It was trusting to the future with a vengeance, and the people fully realized their situation. Accordingly, in order to approxi- mate at least a probability, William B. Mumbrue was employed to run a line from some known point on the Wolf River, through the settlements to the north and west, as a sort of basis on which to make their claims.
In August, 1849, Mr. Mumbrue made his survey. Commencing on the east bank of the Wolf River, at the meander post between Sections 12 and 13, in Township 21 north, of Range 13 east, he con- tinued a line westward and northward, blazing his way to Waupaca and beyond. That line was used as a base for laying off claims. When the land was afterwards surveyed officially, the lines in some places varied somewhat from Mr. Mumbrue's, as might have been expected, causing much trouble and perplexity. The difficulties thus raised were, however, usually settled by the pioneers in a man- ner satisfactory to all.
In a new country there is always more or less
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HISTORY OF WAUPACA COUNTY.
"jumping of claims," whereby one person en- deavors to get possession of and hold the land claimed by another. Waupaca County was no ex- ception to the general rule. In such cases the in- jured parties have but one of three courses-to quietly submit, to resist the trespasser, or to call upon the community for protection. The old pio- neers of this county were law-abiding citizens, and consequently could choose only the latter course. They effected an organization, a sort of league, having for its object the protection of one another's rights, especially pre-emption rights. Members were pledged to stand by one another in all cases of injustice affecting any of them. A com- mittee of three were chosen, to whom all com- plaints were to be made, and who were to investi- gate all complaints laid before them, and report their decisions to the members of the society or league.
The first committee chosen, we believe, were as follows: Benjamin Birdsell, Claudius F. Eaton and Alonzo Rudd, who were to act as arbitrators in all "cases arising under the code !"
Upon receiving notice of a decision by the com- mittee, the members were prompt in its inforce- ment; and we are happy to say that those de- cisions were generally in accordance with right and justice, a thing which can not be always said of the decisions of some of our modern courts.
A few examples of their mode of proceeding may
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HISTORY OF WAUPACA COUNTY.
not be entirely uninteresting to the reader. One case occurred in what is now the town of Lind. A man called "Doc" Baxter had a claim on what is now the site of the Hatton Mills. He had put up a board shanty, and commenced some improve- ments, although he did not stay on his claim all of the time. One day upon his return after a short absence, he was very much surprised to find his dwelling converted into a stable, and another shanty standing near, which had been erected dur- ing his short stay away from home. And, what made matters more mysterious, the shanty was in- habited. One thing was very certain to his be- wildered mind -some one had taken advantage of his temporary absence to "jump" his claim.
Upon pushing inquiries a little further, he learned that the shanty was occupied by a man known as " Old Zach," who was not a very gentle customer to deal with in such matters.
Baxter went to him and tried to reason with him upon the injustice and impropriety of his course, but was promptly told that he, Zach, had as much right there as anybody; that they all were trespassers; and, in short, that he could and would hold the claim.
Finding the case hopeless, Baxter at once laid his grievance before the committee, and demanded an investigation. They met and proceeded to the disputed territory. Zach was as stubborn with them as with Baxter, and finally defied them or the
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HISTORY OF WAUPACA COUNTY.
league to oust him, at the same time gently hint- ing that he kept a well loaded rifle in his shanty, and should not hesitate to useit if interferred with. After learning the facts in the case, the committee decided in favor of Baxter, the original claimant, and. ordered Zach to leave-an order much easier to make than to enforce.
As Zach would not go, Baxter resorted to the league. Notifying the members of the case and the decision of the committee, he demanded redress. So, one night about twenty of the settlers assem- bled at Fremont and Little River and started for the scene of action. Arriving within about twenty or thirty rods, a party of three were sent in ad- vance to hold a parley with the besieged. March- ing up to the shanty, they found it dark and omi- nously silent. Calling to the garrison, they de- manded an immediate surrender, threatening all manner of dreadful things if they were obliged to storm the works. No response came from within. Upon a repetition of the summons came the re- sponse: "Go to -! " a place not believed in by the unorthodox. At the same time Zach reminded them that he had a loaded rifle, and would send them there unless they immediately withdrew. He was promptly informed that resistance would be worse than useless; that if he fired he wouldn't be apt to hit but one, and before he could load and fire again he would be dangling on one of the limbs of a neighboring tree. The last important inform-
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HISTORY OF WAUPACA COUNTY.
ation had a wonderful effect upon his courage, but he refused to yield.
At a signal from the party, up came the main body, hooting and yelling like so many savages, and making for the shanty. Down came the door, and crash went one side of the shanty. Seizing his rifle and blanket, our gallant squatter sprang through the opening in the side of the shanty, and made for the woods, followed by half a dozen yelling assailants, who were very careful, however, not to catch him! The party next took an in- ventory of all the effects of the late occupant, and then loaded them all into his wagon, which stood near. Then they completely demolished the build- ing, handsomely piling up all the lumber belonging to Old Zach.
Subsequently, before Judge Ware, of Waupaca, Zach brought an action for trespass against many of the parties, but the defendants swore it away before Justice Boyd, of Little River, and somehow it went from there to Esquire Brandy, at Mukwa, the only remaining Justice in the county, where a verdict was rendered for the defendant. We believe Old Zach finally managed, somewhere, to obtain a judgement against part of the defendants.
Another case occurred at Springer's Point. W. A. Springer bought a claim where the village was afterwards located. Subsequently the man got sick of his bargain, and managed to get possession of the block house standing on the property. Not
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HISTORY OF WAUPACA COUNTY.
being able to persuade him to leave, Mr. Springer appealed to the committee, who decided against the interloper. As he failed to " vamose the ranch " according to orders, the settlers took the matter in hand, and the following night a number of them paid the house a visit, and insisted upon his leav- ing; but hestoutly refused. In the meantime some of the boys went up stairs and began to lift on the roof, making the very rafters crack. That brought the occupant to terms. He consented to an ar- rangement that placed Mr. Springer in possession of the property.
A man by the name of Rowley had a claim on the west side of the river, at Fremont, with a shanty on it. He boarded on the east side. His shanty was filled with shingles, which he had been buying of the settlers. One morning, upon going on his claim, he found his shingles nicely piled on the outside, and a family in their place. Upon an investigation of affairs he found that "old man P-" had been "jumping his claim." The com- mittee was notified, but could do nothing with him, P- insisting that he had as much right there as any one. So, judgement was given against him, and that night the matter was taken in hand by the settlers. Going to the house, they found the door bolted and barred, and no chance for a par- ley. Getting a large pole, and mounting it on half a dozen stalwart shoulders, they went for that door with a vengeance. At the first charge of the
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HISTORY OF WAUPACA COUNTY.
battering ram the door was landed in the middle of the room, followed by a dozen assailants. But the woman had pluck, and showed fight. Striking out from the shoulder, she took one of the fore- most of her assailants between the peepers, mak- ing him see more stars than he ever did before in so limited a time! But the citadel finally yielded, and the garrison was permitted to evacuate, which it did in good style, leaving Rowley in possession.
Many similar incidents might be related, but enough has been told to give an idea of the man- ner of obtaining justice adopted by the first set- tlers, not only of Waupaca County, but of other counties in early times. Such a course might be objected to at the present day, when we have all the machinery of law in operation, but it was ef- fective then, in those rather rude times. We are not quite sure but a little primitive justice might be beneficial once in a while, even now. Long, vex- atious delays to defeat justice were then unknown, or very rare. Social standing had less influence in such matters then, and verdicts were not common- ly sold for money. Their decisions were prompt, honest, and speedily executed. But as society has improved since those early days, there has been a great change in many of the practices of our courts, although there is room for still further im- provement. We have sometimes thought that if all suits were decided by lot our juries would give about as many correct verdicts as they do under
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HISTORY OF WAUPACA COUNTY.
the present system! In fact, we have known of their being so decided, and giving good satisfac- tion, too -- at least to one side, and that is more than they always do at the present time.
Some of our earlier Justices had a perfect aver- sion to any law books except the Statutes. What they could not find there was of no great account. When a man was fortunate enough to get elected Justice of the Peace, the next hard work was to procure his library, which generally consisted of an old form book, oftener of some other State, and the Revised Statutes. He was then ready for busi- ness, and woe to the attorney or pettifogger who attempted to introduce decisions of the higher courts! Wasn't a Wisconsin Justice a court by himself, and about as dignified a body as could be found -high enough, in all conscience !
We remember having the management of a case before a certain Wisconsin Justice some twenty odd years ago. In the course of the trial we found a point where we differed with the Court, and in order to sustain our position produced a couple of law books and commenced reading from them. Pretty quick the Justice asked us what books we were reading from. We told him, mentioning the names of two standard works. He told us that we might put up our books; he didn't care how much law they contained, the Statutes contained all the law he wanted, and he'd bed-if he'd have any other books brought into his court! There
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HISTORY OF WAUPACA COUNTY.
was a model Justice, and a match for the Dutch Justice we knew of in the State of New York, who, when an attorney commenced quoting from John- son's and Wendall's Reports, interrupted him ; and, when the lawyer claimed that what he read was law, rather tartly replied : "That may be de law of de Supreme Court, but by - it ish not de law of dish court!"
CHAPTER VI.
FIRST MEETING OF THE COUNTY BOARD -FIRST ELECTION OF COUNTY OFFICERS-ORGANIZATION OF THE TOWNS OF WEYAUWEGA, MUKWA, WAUPACA, EMBARRASS, CENTER- VILLE, AND DAYTON.
The County and Town of Waupaca was organ- ized by legislative act, approved February 17, 1851, the county seat being temporarily establish- ed at Mukwa. The first election was held at Mukwa, April 1, of that year. The following is a list of the officers chosen at that election :
Chairman, David Scott; Supervisors, Tyler Cald- well and Peter Meiklejohn; Town Clerk, C. L. Gu- maer; Justices of the Peace, Moses Chandler, Al- bion Brandy, S. F. Ware, and John Boyd.
The first meeting of the new Board was held at the house of H. Rolph, in the Village of Muwka, "the county seat of Waupaca County," May 6, 1851.
The Chairman, David Scott, being absent, Tyler
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HISTORY OF WAUPACA COUNTY.
Caldwell was chosen Chairman, "by agreement."
The office of Treasurer being vacant, G. W. Tag- gart was appointed to fill the vacancy.
A bounty of $5 was voted at that meeting for each wolf killed in the County.
At said meeting the County was divided into eight road districts, as follows :
District No. 1: "All the surveyed land in the County lying east of the Wolf River, to a line run- ning east and west opposite the mouth of Tomor- row River, thence west." R. Nichols was appoint- ed overseer.
District No. 2: "All the surveyed land in said County lying east of the Wolf River, commencing at a line running east and west opposite the mouth of Tomorrow River." Ira Sumner was appointed overseer.
District No. 3: "Commencing at the main Wolf, opposite Mukwa, running up said river to the Em- barrass, thence up said river eight miles, thence in a west line to Meiklejohn's Mills, thence south to the main Wolf in Waupaca County." B. F. Phil- lips was appointed overseer.
District No. 4: "All south of the big marsh in Town Twenty-one (21)." G. W. Taggart was ap- pointed overseer.
District No. 5: "All land lying west and south of Spencer's Marsh, including all that is called the Pleasant Valley Country." Aaron Forbes was ap- pointed overseer.
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HISTORY OF WAUPACA COUNTY.
District No. 6: (No bounds to be found on the records). Wilkison Chandler was appointed over- seer.
District No. 7: "Running south to the line of Town Twenty-one (21), thence half way between Little River Mills and Tomorrow Mills, thence north to the Wolf River." Benjamin Birdsell was appointed overseer.
District No. 8: "Running south to the line of Town Twenty-one, thence half way to Tomorrow Mills, thence south to the Wolf River." John Boyd was appointed overseer.
QUALIFYING OF FIRST JUSTICES.
The official bonds of Moses Chandler, S. F. Ware, Albion Brandy, and John Boyd, as Justices of the Peace, all dated April 2, 1851, were filed-Moses Chandler's being the first on the records. James Smiley, W. B. Millard, and R. Nichols were security for Brandy, and G. W. Taggart and W. G. Cooper for the others.
Also, on the same date, the bond of G. W. Tag- gart, as County Surveyor, in the penal sum of $1,- 000, was filed. His securities were Tyler Caldwell, W. G. Cooper, and John Boyd.
At the next meeting of the Board, held at Muk- wa, October 7, 1851; two voting precincts were made by said Board, one at the house of W. G. Cooper, in said County, and one at the house of A. Tibbetts, in Weyauwega, for the general election in November.
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HISTORY OF WAUPACA COUNTY.
FIRST ELECTION OF COUNTY OFFICERS.
. At the April election the following County of- ficers were elected :
For Sheriff, John M. Vaughn; Register of Deeds, W. G. Cooper; County Treasurer, C. E. P. Hobart; County Surveyor, George W. Taggart; Clerk of Supervisors, James Smiley ; Coroner, John Boyd.
REPORT OF SCHOOL SUPERINTENDENT.
The annual report of Simon C. Dow, "Town Superintendent of Schools for Waupaca County," for the year ending August 31, 1851, gives the fol- lowing information :
Whole number of districts separately set off in said towns, 8.
Number of districts from which reports have been made, 4.
Number of months a school has been taught in each of such districts, 3.
Public money raised, none.
Number of male children in said districts, 90.
Number of female children in said districts, 75.
Average wages paid female teachers, $6.
Amount raised and expended, $72.
Whole valuation of school houses, $350.
NOVEMBER ELECTION, 1851.
The whole number of votes cast in Waupaca County at the general election held November 4, 1851, was 127. At that election the following County officers were elected :
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HISTORY OF WAUPACA COUNTY.
For County Treasurer, Simon C. Dow; Register of Deeds, James Smiley; Coroner, John Boyd; Clerk of Supervisors, James Smiley ; County Sur- veyor, Ira Sumner.
FIRST DIVISION OF THE COUNTY.
At a meeting of the County Board, held at the house of H. Rolph, in the Village of Mukwa, March 5, 1852, at which were present Tyler Cald- well, Chairman, and David Scott and Peter Meikle- john, Supervisors, six towns were set off as fol- lows :
Township 21, in Ranges 11 and 12, to constitute a town by the name of Lind, (that being the first town set off in the County) ; the first town meet- ing to be held at the house of Thomas Spencer, on the first Tuesday of April next following.
Township 21, and south half of 22, in Range 13 east, to constitute a town by the name of Weyau- wega; the first town meeting to be held at the house of R. Baxter.
Townships 21 and 22, in Range 14 east, to con- stitute one town by the name of Mukwa; the first town meeting to be held at the house of Horace Rolph.
Townships 21 and 23, Range 11 east, and Town- ship 22, Range 12 east, to constitute one town by the name of Waupaca; the first town meeting to be held at the house of Mr. Mackintosh.
Townships 24 and 25, in Ranges 11, 12, and 13,
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HISTORY OF WAUPACA COUNTY.
Township 23, in Ranges 12 and 13 east, and the north half of Township 22, in Range 13 east, to constitute one town by the name of Centerville; the first town meeting to be held at the house of Peter Meiklejohn.
Townships 23, 24 and 25, in Range 14 east, and Township 25, Range 15 east, to constitute one town by the name of Embarrass; the first town meeting to be held at the house of A. Wheeler.
NOVEMBER 10, 1852-MEETING OF THE COUNTY BOARD AT MUKWA.
Members present-James Meiklejohn, Town of Centerville; Melzor Parker, Town of Weyauwega; Samuel Keene, Town of Embarrass; Charles Bead- leston, Town of Lind.
Absent - Representatives from Mukwa and Wau- paca.
The following assessments were made and taxes levied :
Weyauwega, equalized at $11,639.50-31/2 mills, County and School, $407.38.
Mukwa, equalized at $292.26-31/2 mills, County and School, $1,022.91.
Lind, equalized at $3,590-31/2 mills, County and School, $125.68.
Waupaca, equalized at $10,000-31/2 mills, County and School, $350.00.
A County seal was ordered, and the ordinance giving a bounty of $5 on wolves was repealed.
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HISTORY OF WAUPACA COUNTY.
The first order issued, of which any record can be found, was dated November 10, 1852, given to James Smiley,-No. 1, $99.74.
NOVEMBER ELECTION, 1852.
The total number of votes cast in the County at said election was 187, an increase of 60 since No- vember, 1851.
The following officers were the winners at that election :
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