USA > Wisconsin > Milwaukee County > Memoirs of Milwaukee County : from the earliest historical times down to the present, including a genealogical and biographical record of representative families in Milwaukee County, Volume I > Part 7
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These rules and regulations prescribed that any person who had prior to that date made a claim on one or more quarter sec- tions, not exceeding in the whole one section, and made improve- ments thereon equal to fifty dollars for each quarter section, should have the right to retain such claims, and the future right to make such claims was also recognized; but such rights were subject to the right of improvement and cultivation in the mode and within the time prescribed by the rules, which also contained definitions of what constituted cultivation and improvement. The rules also provided for the appointment by the meeting of a central execu- tive committee of fifteen, whose duty it was to fix the limits of the
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different precincts, the people in each of which precincts were to appoint a judicial committee. A clerk of the committee and a register of claims were to be appointed, and eight or more mem- bers of the committee constituted a quorum, a vote of a majority of the members present deciding all questions, including appeals. The judicial committee in each precinct was to decide all disputes between claimants in cach precinct to the same tract of land, sub- ject to an appeal to the central executive committee. It was pro- vided that all existing claims should be entered with the register of claims, and that any one not entered by the first day of May should be considered as no claim, and might be occupied by any person who might choose to take it, and that all claims thereafter made should be entered with the register within ten days, or be consid- ered vacant and subject to be entered by any other person. If any claimant neglected to make the improvements required by the rules within the time limited therefor, he forfeited his rights, and any person might take possession thereof in his own right. When any person purchased a claim from another he was required to give immediate notice thereof to the register and have the transfer made in his name. The party in whose favor any decision was made by any judicial committee, or by the central committee on appeal, was to receive a certificate thereof, on presenting which to the register of claims he was to enter the tract of land therein de- scribed in the name of such party, any previous entry to the con- trary notwithstanding, and such party was thereupon entitled to take possession of such tract without any further judicial proceedings.
But the essence of all these rules and regulations was con- tained in rule No . 9, which was as follows: "Whenever the lands shall be brought into market, the executive committee shall ap- point an agent to bid off the lands in behalf of the settlers whose claims are entered on the book of registry, and no person shall in any case be countenanced in bidding in opposition to such agent."
The moral sentiment of the whole community was all in one direction, and it was well known and felt by all to be abundantly adequate to protect the agent against any competition in bidding at the land sale, and to secure to the settler his claim at the gov- ernment minimum price.
Not to be "countenanced" was a mild mode of expressing the deep-seated determination of the pioneer settlers, but it was quite as effective as if it had been in the form of a threat of lynching, which would have been an unseemly mode of publishing an unlaw-
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ful combination and conspiracy to prevent competitive bidding at a public sale of the lands of the United States.
The central executive committee appointed by the meeting con- sisted of A. A. Bird, Solomon Juneau, N. F. Hyer, Samuel Brown, Albert Fowler, D. H. Richards, A. O. T. Breed, Samuel Hinman, William R. Longstreet, H. M. Hubbard, James Sanderson, C. H. Peake, Daniel Wells, Jr., Byron Kilbourn, and Enoch Chase. At a meeting of this committee the next day the following officers were elected: A. A. Bird, president; Byron Kilbourn and Samuel Hin- man, vice-presidents ; William A. Prentiss, clerk, and Allen O. T. Breed, register of claims. It was ordered that in deciding appeals from precinct committees the central committee would proceed according to the practice of courts of equity, and that it would meet on the first Monday of every month. It was also ordered that the territory to which the rules and regulations were applicable be divided into ten precincts, the townships in each of which were definitely specified. At a meeting of the central committee, held on April 10, I. A. Lapham was appointed register of claims, vice A. O. T. Breed, resigned.
The mode provided for determining disputed claims between settlers and its administration appeared to give great satisfaction to all parties interested, and the provisions of the organization, when adhered to, never failed to protect the settlers and foil the speculator, for they were strictly enforced prior to and at the dif- ferent land sales. When a claim was once entered in the record book it was a guarantee that the occupant would get it at the sale.
On April 3, 1837, the second election for county officials was held in Milwaukee county, and according to Buck's "Pioneer His- tory," it was a very exciting one. "It was a beautiful April morn- ing, the voters marching to the polls in procession, with music and banners, under their respective ward captains, H. N. Wells, George D. Dousman and Josiah A. Noonan being very active at the polls. But the fun was in the evening, when a barrel of liquor was rolled into the street in front of what is now 400 East Water street, the head knocked in, some tin cups procured, and the crowd told to help themselves, which they needed no second invitation to do. Every man of them seemed anxious to examine the bottom head of that barrel, and were not long in bringing it to view, a barrel of liquor standing as poor a chance then as it would now. It was amusing as well as instructive to watch the effect that liquor had upon the crowd. Many of them when full, seeming to forget that election was over, commenced at once to repeat, showing that they
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had been there before; others commenced to sing something about not going home 'till morning, and if my memory is correct, they kept their word in that respect; in fact, some of them did not go then, having forgotten where they lived."
The result of this contest at the polls was the election of the following gentlemen to fill county positions: Register of deeds, Cyrus Hawley ; coroner, Pleasant Fields ; treasurer, Henry Miller. And at about the same time the governor made the following ap- pointments, to hold until the assembling of the next legislature: Justices of the Peace : William A. Prentiss, Asa Kinney, N. F. Hyer, Lot Blanchard, Thomas Hart, Samuel Wright, Thomas Sanborn, and Ivy Stewart ; notary public, N. F. Hyer ; inspector of provisions, B. W. Finch ; auctioneer, C. D. Fitch.
Cyrus Hawley was born at Hampton, Fairfield county, Con- necticut, June 12, 1802; came to Milwaukee Aug. 30, 1835, and at once became prominent in the young and rising city. He held many important offices, was elected as the second register of deeds, was the first man who performed the duties of clerk of courts in Milwaukee county, Albert Fowler having only nominally held that position. Mr. Hawley filled the position for many years, giving universal satisfaction. These continued mental labors finally im- paired his health and he retired to his farm, where he spent the remainder of his days in watching the steady advance of the city, and the constant increase in land values made him one of the wealthy men of Milwaukee. Upon the organization of the Repub- lican party he became a believer in that political faith and was very active in the political contests of the times in which he lived. In religious faith he was an Episcopalian, and was one of the staunch pillars of the old St. Paul's church, being a member of its official board for years. He was an active member of the Old Settlers' Club, and took a great interest in the objects for which it was organized. He died in 1871 and was buried at Forest Home cemetery.
Henry Miller came to Milwaukee from Lee, New York, in 1836, and opened a store at the northeast corner of East Water and Michigan streets, where he remained until early in 1837, when he associated himself with William Brown, Jr., under the firm name of Brown & Miller, their store being on the southwest corner of East Water and Michigan streets. Later in life Mr. Miller went to California and became very wealthy as a banker in Sacramento, but he still retained property in Milwaukee. In political faith he was an old-line Whig, but later became a Republican, and as a
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politician was very active, holding several important offices, among which was that of Deputy United States Marshal. At the first election held on the "east side" in the town of Milwaukee, when the local government was organized in February, 1837, he was chosen as one of the assessors, to which position he was re-elected in 1838. In September of the latter year he was elected coroner of the county. Mr. Miller was born at Providence, Rhode Island, April 15, 1806, and died at Sacramento, California, Feb. 23, 1879. He was buried at Milwaukee in Forest Home cemetery.
The second session of the first territorial legislative assembly convened at Burlington (in the present state of Iowa) on Nov. 6, 1837, and a number of acts were passed pertaining to local affairs in Milwaukee county. Among these was the first division of the county into towns for the purpose of local government. An act, which was approved Jan. 2, 1838, provided in section 2 "That the country included within the following limits, to-wit: beginning on the shore of Lake Michigan, at the southeast corner of Milwaukee county, thence west to the southwest corner of town five north, range twenty-one east; thence north to the northwest corner of town six north, range twenty-one east; thence east to the shore of Lake Michigan, thence southerly along the shore of said lake to the place of beginning, be, and the same is hereby set off into a separate town, by the name of Lake; and the polls of elec- tion shall be opened at the house of Elisha Higgins, in said town."
Section 3 provided "That the country included within the fol- lowing limits, to-wit: Beginning on the shore of Lake Michigan, at the southeast corner of township seven north, of range twenty-two east ; thence west to the southwest corner of town seven north, of range twenty-one east; thence north to the northwest corner of town eight north, of range twenty-one east; thence east to Lake Michigan; thence southerly along the shore of said lake to the place of beginning, be, and the same is hereby set off into a sepa- rate town by the name of Milwaukee; and the polls of election shall be opened at the court house of Milwaukee county." This divided the present limits of Milwaukee county into two towns, Lake comprising the present towns of Franklin, Greenfield, Lake and Oak Creek, and Milwaukee took in all of the territory now in- cluded in the towns of Granville, Milwaukee, Wauwatosa, and the city of Milwaukee. At the same session of the legislative council an act was passed organizing a board of county commissioners in each county in the territory, and among the enumerated powers of these several boards was one to "alter, amend, or set off any new
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towns, or locate any of the towns established before the board of commissioners, acting for the time being, came into office. on peti- tion being presented, signed by a majority of the qualified voters of such town or towns, applying for the same." But is seems that the commissioners of Milwaukee county never exercised their pow- ers in this direction. At the first session of the second territorial legislative assembly, or rather at the adjourned session which con- vened at Madison on Jan. 21, 1839, an act was passed, the third sec- tion of which follows :
"Sec. 3. That the country included within the following limits, to-wit: beginning at the southeast corner of town five north, of range twenty-one east; thence west to the southwest corner of town five north, of range twenty-one east; thence north to the northwest corner of town six north, of range twenty-one east ; thence east to the northeast corner of town six north, range twenty- one east ; thence south to the place of beginning, be, and the same is hereby set off into a separate town by the name of Kinnikennick."
The above act was approved on March 8, 1839, and by its pro- visions the town of "Kinnikennick" had domain over the territory now included in the towns of Franklin and Greenfield. The next division of the county was made by an act which was approved on Dec. 20, 1839, and which provided as follows:
"Section I. That all that part of the town called Kinnikennick, in the county of Milwaukee, which is comprised in township five north in range twenty-one east, shall be and the same is hereby set off into a separate town by the name of Franklin."
Again, by an act approved on Jan. 13, 1840:
"Sec. 2. That all that part of the town of Milwaukee compris- ing township eight north, and range twenty-one east, be and the same is hereby set off into a separate town by the name of Granville."
By an act approved on April 30, 1840:
"Sec. I. That all that part of the town of Milwaukee, in the county of Milwaukee, which is comprised within the limits of township seven north, in range twenty-one east of the fourth principal meridian, shall be and the same is hereby set off into a separate town by the name of Wau-wau-too-sa."
And by another act, approved on Aug. 13, 1840:
"Sec. I. That all that part of the town of Lake, in the county of Milwaukee, which is comprised in township five north, in ranges twenty-two and twenty-three east, shall be, and the same is hereby set off into a separate town, by the name of Oak Creek."
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This marked the last division of the county into towns, and the last mention of that nature in legislative annals was in an act, ap- proved on Feb. 19, 1841, which provided as follows :
"Sec. I. That the town called Kinnikinnick, in town six, range twenty-one east, in the county of Milwaukee, shall hereafter be called Greenfield."
Milwaukee county was now fully organized, so far as township government was concerned, the divisions being exactly as they are today, and which are more accurately described as follows: Frank- lin, township five, range twenty-one; Granville, township eight, range twenty-one; Greenfield, township six, range twenty-one; Lake, township six, range twenty-two; Milwaukee, all of township eight, and so much of township seven, in range twenty-two, as is not included within the limits of the city of Milwaukee ; Oak Creek, township five, ranges twenty-two and twenty-three; and Wauwa- tosa, township seven, range twenty-one. The history of these sev- eral divisions will be found in succeeding chapters of this volume. The population of these towns in 1840, according to the United States census, was as follows: Franklin, 248; Granville, 225; Greenfield, 404; Lake, which then included Oak Creek, 418; Mil- waukee, 1,712; and Wauwatosa, 342, making a total of 3,349 as the population of the territory now included in the county. These figures, of course, include the population of the city of Milwaukee. In the same year, according to the census, there were in the pres- ent limits of the county 225 horses, 2,202 neat cattle, 368 sheep, 3,362 swine, one iron foundry, two printing offices; and in 1839 the amount of produce was 6,341 bushels of wheat, 4,313 of oats, 13,757 of Indian corn, 28,497 of potatoes, and 31,115 pounds of maple sugar, The amount of money received at the Milwaukee land office in 1840 for sales of public land was $138,661.02, and there were 174 steamboat arrivals at the Milwaukee harbor. The effects of the financial depression of 1837 were rapidly disappearing and the county was well started on its remarkable growth.
The year 1838 opened with prospects in general much brighter than they had been during the year preceding. The great financial cloud which had covered the country was broken to some extent, and the dawn of another period of prosperity was visible. In the village and community of which we write every one was at work, new buildings were commenced, immigrants began to make their appearance, new farms were opened here and there by the hardy sons of toil, who, seemingly with a magic touch, "made the wilder- ness to blossom like the rose"-and all these forces contributed to
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the development and upbuilding of the pioneer community. Roads were opened, leading west and south from the future metropolis, and at convenient distances new locations for town sites were se- lected, to the building of which the owners put forth all their energies ; and it may truthfully be said that from the beginning of the year 1838 Milwaukee county dates its rapid growth and de- velopment.
In making his annual appointments, the governor of the ter- ritory favored Milwaukee county by making William A. Prentiss justice of the peace ; Joshua Hathaway was appointed public ad- ministrator in place of C. H. Larkin, removed; and William Brown was made inspector of provisions. The last named gentleman was from St. Clair, Michigan, and came to Milwaukee in 1836. He had been a clerk for the American Fur Company in his youth, in which capacity he had been over the entire northwest before the advent of the whites. He was a good business man; strictly honest and conscientious ; was much in public life in Milwaukee's early days, and was the partner in business of Henry Miller, who has been given a more extended mention on a preceding page. Mr. Brown was one of the first assessors elected at the time of the organization of a village government for the East Side, Milwaukee, and in April, 1837, he was elected as one of the supervisors of the township gov- ernment. In 1838 he was one of the trustees for the East Side, and in 1841 he was elected treasurer of the county. Mr. Brown died June 17, 1862, of apoplexy.
At the election for county officers, held on March 6. the fol- lowing gentlemen were elected: As the first board of county com- missioners, William A. Prentiss, H. C. Skinner, and John Richards ; assessor, William R. Longstreet ; treasurer, Greorge D. Dousman ; coroner, Charles Leland; constables for the town of Milwaukee, George S. Vail, James H. Wheelock, George S. Wright, and I. T. Brown.
William A. Prentiss was a very distinguished gentleman, who filled many important official positions in his adopted county and state. He was born in Northfield, Mass., March 24, 1800, to Dr. Samuel and Lucretia (Holmes) Prentiss. He received a common- school and academic education, and while yet a boy engaged in mercantile pursuits, intending to make that his life work. He spent one year with his brother, at Cooperstown, N. Y., thence went to Albany, where he remained one year, and then spent five years in the employ of Pomeroy, Prior & Brown, of Northfield, Mass. In 1822 he began business for himself in Montpelier, Vermont, and
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two years later removed to Jericho in the same state, where he was engaged in merchandising until he removed to Milwaukee in 1836. While residing in Jericho he served eight years as chairman of the board of selectmen and overseer of the poor, was justice of the peace several years, and in 1829 was a member of the Vermont legislature. In the summer of 1836 he came to Milwaukee, which was at that time a mere village, and a month after his arrival here formed a co-partnership with Dr. Lemuel W. Weeks, and engaged in general merchandising in a primitive store room, twenty by forty feet in its dimensions, located on what is now East Water street. This partnership lasted nearly two years, when Mr. Prentiss with- drew from the firm and for many years thereafter gave a large share of his time and attention to the discharge of official duties which he was called upon by the people of Milwaukee and Milwaukee county to perform. Early in 1837 he was appointed by Governor Dodge, justice of the peace for Milwaukee county, and the office was one . giving him jurisdiction throughout Milwaukee county in both civil and criminal cases. In the early history of the county the posi- tion was an important one, and Mr. Prentiss continued to discharge the duties of the office with marked ability until the organization of the state government in 1848. He was also elected a member of the county board of commissioners in 1837 and served three years as chairman of that board. In 1838 he was elected a member of the council. at that time the upper branch of the territorial legislature, and served four years as a member of that body. During the ses- sion of 1840 he served as president of the council and wielded throughout his entire term of service an important influence in shaping the legislation of that period and perfecting the organiza- tion of the territorial government. In 1837 he was chosen a mem- ber of the board of trustees of the village of "Milwaukee on the East Side," but although his interests were largely in this portion of the city, he took a broad and liberal view of the situation and advocated a policy which would mould the two sections into a harmonious whole, under a system of government which would enable all good citizens to do their utmost for the growth and pros- perity of the entire community. During the entire period of the ex- istence of Milwaukee as an incorporated village, he continued to represent his ward as a member of the board of trustees, serving several years as chairman of the board and contributing largely through his enterprise and executive ability to the improvement and general upbuilding of the city. After the incorporation of the city in 1846 he served in both branches of the city government, and
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in 1858 was elected mayor, retiring from that office with the en- viable record of having been one of the most capable and efficient mayors the city has ever had. In 1866 he was elected a member of the general assembly of Wisconsin, and was re-elected in 1867. He was connected with the city government as a member of the council the greater part of the time up to 1872, when he retired from official life, giving himself up to the enjoyment of his com- fortable fortune, devoting himself to his private business affairs and to the perusal of choice literature, of which he was always a great lover, and of which he was a wide reader in the course of his life. Originally an old-line Whig in politics, when the Republican party was organized he became a zealous member of that organiza- tion, and always interested himself actively in advancing its prin- ciples and policies. In 1888 he was a distinguished figure in the Republican national convention held in Chicago, at which time he was the oldest person present. Mr. Prentiss was practically the founder of the "Pioneer Association," which was formed in 1877 as an outgrowth of the "Old Settlers' Club" of Milwaukee. He took an active interest in all the gatherings of his old associates and contemporaries, and appeared last in public at the annual ban- quet of the Pioneer Association, given at the Plankinton House on Feb. 23, 1891. His death occurred on Nov. 10, 1892, and when he passed away the fact was generally recognized throughout the state that one of the most interesting and useful men who had settled in Wisconsin during the pioneer period, had gone to his reward.
The territorial legislative assembly convened in special ses- sion at Burlington, in the present state of Iowa, on June II, 1838, pursuant to a joint resolution adopted in the preceding January. and William B. Sheldon, a representative from Milwaukee county, was chosen as speaker of the house. The session was a short one, lasting only two weeks, having been held mainly for the purpose of making a new apportionment of members of the house of rep- resentatives, based upon the census taken in the May preceding. The population of Milwaukee county as then constituted, shown by this census, was 3,131, and on July 13, the governor issued his proclamation, making the apportionment, in which Milwaukee county was given two members of the council and five members of the house. The time fixed for the election was the second Monday in September. Party lines had not yet been drawn, and the members were chosen without reference to, and perhaps in many cases with- out a knowledge of their views upon national politics. But a spirit
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of rivalry ran rampant in Milwaukee county, and after a heated contest the election resulted in sending Daniel Wells, Jr., and Wil- liam A. Prentiss to the Council, and Augustus Story, Ezekiel Churchill, William Shew, Lucius I. Barber, and Henry C. Skinner, to the House of Representatives. At the same election Frederick B. Otis was chosen for commissioner, J. Y. Watson as assessor, George D. Dousman as treasurer, and Henry Miller as coroner.
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