The history of Jefferson county, Wisconsin, containing biographical sketches, Part 34

Author: Western historical company, Chicago, pub. [from old catalog]
Publication date: 1879
Publisher: Chicago, Western historical company
Number of Pages: 714


USA > Wisconsin > Jefferson County > The history of Jefferson county, Wisconsin, containing biographical sketches > Part 34


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Soon after the formation of Wisconsin territory, an act was passed by its legislature, approved January 5, 1838, incorporating the Milwaukee and Rock river canal company, and by in act of congress approved June 18 of the same year, a grant of land was made to aid in the construction of the canal. The grant consisted of the odd-numbered sections on a belt of ten niles in width from Lake Michigan to Rock river, amounting to 139,190 acres. Of those lands 43,447 acres were sold at public sale in July, 1839, at the minimum price of two dollars and fifty cents per acre. Work was commenced on the canal at Milwaukee, and the Milwaukee river for short distance from its outlet was improved by the construction of a dam across the river, which was made available for manufacturing and other purposes. A canal was also built about mile in length and forty feet wide, leading from it down on the west bank of the river. Much


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dissatisfaction subsequently arose ; the purchasers at this sale, and others occupying these canal and reserved lands felt the injustice of being compelled to pay double price for their lands, and efforts were made to repeal all laws authorizing further sales, and to ask congress to repeal the act making the grant. The legislation on the subject of this grant is voluminous. In 1862 the legislature of the state passed an act to ascertain and settle the liabilities, if any, of Wisconsin and the company, and a board of commissioners was appointed for that purpose. At the session of the legislature in 1863, the committee made a report with a lengthy opinion of the attorney-gen- eral of the state. The views of that officer were, that the company had no valid claims for damages against the state. In this opinion the commissioners concurred. On the 23d of March, 1875, an act was approved by the governor, giving authority to the attorney-general to discharge and release of record any mortgage before executed to the late territory of Wisconsin, given to secure the purchase money or any part thereof of any lands granted by congress to aid in the construc- tion of this canal. The quantity of lands unsold was subsequently made a part of the 500,000 acre tract granted by congress for school purposes. It is believed the whole matter is now closed against further legislative enactments.


The next grant of lands made by congress for internal improvements in Wisconsin, was one approved August 8, 1846, entitled "an act to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by canal." By this act there was granted to Wisconsin on her becoming a state, for improving the navigation of the above-named streams, and constructing the canal to unite the same, a quantity of land equal to one-half of three sections in width on each side of Fox river, and the lakes through which it passes from its mouth to the point where the portage canal should enter the same, and each side of the canal from one stream to the other, reserving the alternate sections to the United States with certain provisions in relation thereto. On the 3d of August, 1854, an act of congress was approved, authorizing the governor of Wisconsin to select the balance of lands to which the state was entitled to under the provisions of the act of 1846, out of any unsold government lands sub- ject to private entry in the state, the quantity to be ascertained upon the principles which gov- erned the final adjustment of the grant to the state of Indiana, for the Wabash and Erie canal, approved May 9, 1848. In the years 1854 and 1855, acts of congress were passed, defining and enlarging the grant. Under the grants of 1846, 1854 and 1855, the number of acres donated for this purpose and certified to the state, was 674,100.


After the admission of Wisconsin into the Union, by an act of its legislature, approved August 8, 1848, a board of public works was created, through which the work of improving the said rivers, by the application thereto of the proceeds of the sale of the lands granted by con- gress, was undertaken by the state.


It soon became apparent that the moneys realized from the sale of lands were insufficient to meet the obligations of the state issued by its board of public works as they became due; and in 1853 the work was turned over to the Fox and Wisconsin Improvement company, a corpora- tion created under an act of the legislature of Wisconsin approved July 6, 1853. In 1856, by an act of the legislature of Wisconsin, approved October 3, 1856, the lands granted by congress then unsold were granted by the state, through the said company, to trustees, with power to sell, and to hold the proceeds in trust for the payment of state indebtedness, the completion of the work, thereafter for the payment of bonds issued by the said company, and the balance, if any, for the company itself.


In February, 1866, the trustees, in execution of the powers contained in the deed of trust made to them, and pursuant to a judgment of the circuit court of Fond du Lac county, sold at public sale at Appleton, Wisconsin, the works of improvement and the balance of lands granted


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by congress then unsold, and applied the proceeds to the purposes expressed in the deed of trust. The proceeds were sufficient to pay in full the expenses of the trust, the then outstanding state indebtedness, and to provide a fund sufficient to complete the work according to the plan specified in the act approved October 3, 1856.


Under an act of the legislature of Wisconsin approved April 13, 1861, and the acts amend- atory thereof, the purchasers at said sale, on the 15th day of August, 1866, filed their certificate in the office of the secretary of state, and thereby became incorporated as the Green Bay and Mississippi canal company, holding, as such company, the said works of improvement.


At a subsequent date, under instructions from the engineer department of the United States, the surveys of the Fox and Wisconsin rivers were placed in the charge of General G. K. War- ren, and by act of congress approved July 7, 1870, the secretary of war was authorized to appoint a board of arbitrators to ascertain how much the government should pay to the suc- cessors of the Improvement company, the Green Bay and Mississippi canal company, for the transfer of all its property and rights; and by a subsequent act, approved June 10, 1872, an appropriation was made therefor.


The legislation on matters connected with the Fox and Wisconsin river improvement would make a chapter of itself. The work is now in charge of the government, and will be prosecuted to completion in a satisfactory manner.


On the 29th of May, 1848, an act was approved by the president "to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union," by which certain propositions were to be submitted to the convention which were to be acted upon, and subsequently submitted to the people for their approval. The first constitutional convention was held in October, 1846, and, having framed a constitution, it was submitted to a vote of the people at the election in 1847, and it was rejected. The second convention met December 15, 1847, and, having formed a constitution, it was adopted by the people at the election in 1848. The following are the propositions proposed by congress :


I. That section sixteen numbered in every township of the public lands of said state, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the said state for the use of schools.


2. That seventy-two sections, or two entire townships, of land set apart and reserved for the use and support of a university by act of congress approved June 12, 1838, are hereby granted and conveyed to the state, to be appropriated solely to the use and support of such university in such manner as the legislature may prescribe.


3. That ten entire sections of land to be selected and located under the direction of the legislature, in legal subdivisions of not less than one quarter of a section from any of the unap- propriated lands belonging to the United States within the state are granted to the state for completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature.


4. That all salt-springs within the state, not exceeding twelve in number, shall be granted to the state, to be selected by the legislature, and when selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct.


The title to all lands and other property which accrued to the territory of Wisconsin by grant, gift, purchase, forfeiture, escheat, or otherwise, were, by the provisions of the constitution of the state, vested in the state; and the people of the state, in their right of sovereignty, were declared to possess the ultimate property in and to all lands within its jurisdiction ; and all lands, the title of which shall fail from a defect of heirs, shall revert or escheat to the people.


The act of congress for the admission of the state into the Union gave formal assent to the


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grant relative to the Fox and Wisconsin river improvement, and the lands reserved to the United States by said grant, and also the grant to the territory of Wisconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock river, were to be offered for sale at the same minimum price, and subject to the same rights of pre-emption as other public lands of the United States.


By the provisions of the state constitution, the secretary of state, the state treasurer and attorney-general, were constituted a board of commissioners for the sale of the school and university lands, and for the investment of the funds arising therefrom. In the year 1850 the commissioners put into market, for the first time, the school lands which had been donated to the state. The total quantity of lands offered was 148,021, 44-100 acres, which sold for the sum of $444,265.19.


By an act of congress, approved September 4, 1841, there were granted to the state 300,000 acres of land, which were, by act of the territorial legislature of 1849, appropriated to the school fund, and the unsold lands of the Milwaukee and Rock river canal company, amounting to about 140,000 acres, were to be included as a part of the above grant. These lands, and the sixteenth section of each township, make up the whole of the school lands of the state. The whole number of acres sold up to the year 1877 is 1,243,984 acres, and there remain unsold, subject to entry, 216,016 acres.


The state university land grant was made in 1838, and seventy-two sections set apart and reserved. The lands were selected in 1845 and 1846. On the 15th of December, 1854, an act of congress was approved, relinquishing to the state the lands reserved for the salt-springs, and seventy-two sections were granted in lieu thereof, in aid of the university of the state The number of acres amounts to 92, 160, all of which have been sold except 4,407 acres, which are subject to entry. Under the re-organization and enlargement of the university, under provisions of chapter 114, of general laws of 1866, section thirteen provides, among other things, that the income of a fund to be derived from the sales of the two hundred and forty thousand acres, granted by congress by act approved July 2, 1862, entitled : "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts," be devoted to the state university, and the funds arising therefrom to be known as the "agricultural college fund." All of the grant of lands have been sold except 51,635 acres. The quantity of lands donated by act of congress August 6, 1846, for the purpose of completing or erecting public buildings at the seat of government, known as "Capitol Lands," amounted to ten entire sections, or six thousand four hundred acres. A grant of lands was made to the state by act of congress, approved September 28, 1850, of all the swamp and overflowed lands within its limits. The total number of acres of this grant, as certified to the state from the government, to the year 1877, is 1,869,677.


A grant of land was made by congress, approved March 3, 1863, for the construction of a military road from Fort Wilkins, Michigan, to Fort Howard, Wisconsin, of every alternate section of public lands, designated by even numbers for three sections in width on each side of said road, and subject to the disposal of the legislature. In 1865 sales of land were made to the number of 85,961.89 acres, which realized the sum of $114,856.54.


An act of congress was approved June 25, 1864, granting lands to the state to build a military road from Wausau, Wisconsin, to Ontonagon, on Lake Superior, of every alternate section of land designated as odd sections, for three sections in width on each side of the road. The grant was accepted by the state by law, approved April 10, 1865.


An act was also passed by congress, approved April 10, 1866, granting to the state of Wis- consin a donation of public lands to aid in the construction of a breakwater and harbor and ship


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canal at the head of Sturgeon bay, Wis., to connect the waters of Green bay with Lake Michigan. The grant was for 200,000 acres of land. The grant was accepted by the legislature of 1868. In 1874, the same body by resolution transferred to the Sturgeon bay and Lake Michigan ship canal ind harbor company 32,342 acres, and the remaining portion was authorized to be sold for agri- ultural purposes by said company.


The first railroad grant in Wisconsin was by act of congress, approved June 3, 1856, by the irst section of which there was granted to the state, for the purpose of aiding in the construction of a railroad from Madison or Columbus, by the way of Portage City, to the St. Croix river or ake, between townships twenty-five and thirty-one, and from thence to the west end of Lake Superior and to Bayfield ; and from Fond du Lac, on Lake Winnebago, northerly to the state line, very alternate section of land designated by odd numbers, for six sections in width on each side of said roads, respectively; the land to be applied exclusively in the construction of said roads, und to no other purpose whatever, and subject to the disposal of the legislature, and the same hall remain public highways for the use of the government, free from toll and other charges. ipon the transportation of property or troops of the United States, with other conditions as to he disposal of said lands.


The grant was accepted by the legislature by an act approved October 8, 1856, and on the :Ith of the same month an act was approved granting a portion of the lands to the La Crosse & Mississippi railroad company, who were to carry out all the requirements of the original grant. A supplementary act was approved the same session, October 13, incorporating the Wisconsin & Superior railroad, which company was required to commence the construction of their road on r before January 1, 1857, and to complete the same to Oshkosh before August 1, 1858. Of this and grant John W. Cary says: "That portion of the grant given to aid in the construction of railroad northerly to the state line was conferred on the Wisconsin & Superior railroad company. This company was organized in the interest of the Chicago, St. Paul & Fond du Lac railroad company, and that part of the grant was transferred to it. The road was, in 1859, extended to Oshkosh, and thence to Menasha, and finally to Green Bay. In the panic of 1857, the company ailed to meet its obligations, but was afterward enabled to go on, and continued in possession until June 2, 1859, when its road was sold on the foreclosures of the mortgages given thereon ; nd on the sixth of the same month the present Chicago & Northwestern railroad company was organized under the statute, by purchasers at said sale, and took possession."


A large portion of the original grant was given for the construction of a road from Madison r Columbus to the St. Croix river, as before stated. The La Crosse company, during the years 857 and 1858, completed its main line to La Crosse; the Watertown line, from Watertown to Columbus, and partially graded the line from Madison to Portage City. Neither it nor its suc- essors ever received any part of the lands of the land grant.


In 1856 and 1857, the La Crosse & Milwaukee railroad graded most of the line from Madi- on to Portage. After the failure of the company, this line was abandoned, and so remained ntil 1870, when a new company was organized, under the name of the Madison & Portage City ailroad company. In 1873, an act was passed chartering the Tomah & Lake St. Croix railroad ompany, and repealing and annulling that portion of the land grant which bestowed the lands rom Tomah to Lake St. Croix upon the La Crosse company, and bestowing the same upon the ompany chartered by this act. This road is known as the West Wisconsin railroad.


An act of congress was approved May 5, 1864, granting lands to aid in the construction of ertain roads in the state. This was a re-enactment of the law of 1856, and divided the grant three sections, one of which was for a road from a point on the St. Croix river or lake, between


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townships twenty-five and thirty-one, to the west end of Lake Superior, and from some point on the line of said road, to be selected by the state, to Bayfield - every alternate section designated by odd numbers, for ten sections in width on each side of said road, with an indemnity extending twenty miles on each side, was granted, under certain regulations ; another, for aiding in building a road from Tomah to the St. Croix river, between townships twenty-five and thirty-one - every alternate section by odd numbers, for ten sections in width on each side of the road; another for aiding and constructing a railroad from Portage City, Berlin, Doty's Island, or Fond du Lac, as the legislature may determine, in a northwestern direction, to Bayfield, on Lake Superior, and a grant of every alternate section designated by odd numbers, for ten sections in width on each side of said road, was donated.


The legislature of 1865 failed to agree upon a disposition of the grant. The succeeding legislature conferred the grant partly upon the "Winnebago & Lake Superior Railroad Company," and partly upon the " Portage & Superior Railroad Company," the former April 6, 1866, and the latter April 9, 1866. The two companies were consolidated, under the name of the "Portage, Winnebago & Superior Railroad," by act of the legislature, March 6, 1869, and by act of legis- lature approved February 4, 1871, the name was changed to the "Wisconsin Central Railroad."


HEALTH OF WISCONSIN.


BY JOSEPH HOBBINS, M.D.


An article on state health, necessarily embracing the etiology, or causes of disease, involves the discussion of the geographical position of the state; its area, physical features; its elevations, depressions ; water supply; drainage; its mean level above the sea; its geology; climatology ; the nationality of its people; their occupations, habits, food, education ; and, indeed, of all the physical, moral and mental influences which affect the public health.


GEOGRAPHICAL POSITION.


The geographical position of Wisconsin, considered in relation to health, conveys an imme- diate and favorable impression, which is at once confirmed by a reference to the statistical atlas of the United States. On its north it is bounded by Lake Superior, Minnesota, and the northern peninsula of Michigan; on the south by Illinois; on the east by Lake Michigan, and on the west by the Mississippi. It lies between 42° 30' and 46° 55' N. latitude, and between 87º and 92° 50' W. long .; is 285 miles long from north to south, and 255 in breadth from east to west, giving it an area of some 53,924 square miles, or 34,511,360 acres. Its natural surface divisions, or proportions, are 16 per cent. of prairie, 50 of timber, 19 of openings, 15 of marsh, mineral undefined. North of 45° the surface is nearly covered with vast forests of pine. The proportion of the state cultivated is nearly one-sixth.


PHYSICAL, FEATURES.


Among these, its lacustrine character is most conspicuous, so much so that it may not inaptly be called the state of a thousand lakes, its smaller ones being almost universal and innumerable.


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It has an almost artificially perfect arrangement of its larger rivers, both for supply and drainage, s rolling in its surface, having several dividing ridges or water sheds, and varies from 600 to 1,600 feet above the level of the sea, Blue Mounds being 1,729 feet above sea level. Its pine and chickly wooded lands are being rapidly denuded, and to some extent converted to agricultural purposes ; its marshes in the north are being reclaimed for cranberry cultivation, and in the more hickly settled parts of the state for hay purposes. The surface of the state is beautifully diver- ified with stream, waterfall and rapids; richly wooded bluffs several hundred feet in height, assuming the most romantic and pleasing forms, and composed of sandstone, magnesian imestone, granite, trap, etc. The health and summer resorts of Wisconsin are illustrative of its beauty, and its numerous mineral springs have long since formed an important feature of its character for salubrity.


GEOLOGY.


The geology of Wisconsin does not require from us but a very general notice, as it is only rom its relation to disease that we have to consider it. This relation is in a measure apparent n the fact that everywhere the topographical features are governed by the strata below them. The relationship will be seen still further in the chemical or sanitary influence of the geological tructures. Through the greater part of the south half of the state limestone is found, the cliff prevailing in the mineral region, and the blue in the other parts; while in the north part of the tate the primitive rocks, granite, slate, and sandstone prevail. South of the Wisconsin river andstone in layers of limestone, forming the most picturesque bluffs, abounds. While west of Jake Michigan extends up to these rocks the limestone formation, being rich in timber or prairie and. Sandstone is found underneath the blue limestone. The general dip of the stratified ocks of the state is toward the south, about 8 feet to the mile.


Medical geology treats of geology so far only as it affects health. Thus, some diluvial soils nd sands are known to be productive of malarial fevers; others, of a clayey character, retaining vater, are productive of cold damp, and give rise to pulmonary and inflammatory diseases; while others still, being very porous, are promotive of a dry and equable atmosphere. In he Potsdam rocks arise our purest waters and best supply, while our magnesian limestone rocks a good quality of this kind of rock being composed of nearly equal parts of carbonate of lime nd carbonate of magnesia) affect the water to the extent of producing simple diarrhea in those inaccustomed to drinking it, as is observed in southern visitors, and was especially noticeable n the rebel prisoners at Camp Randall, though singularly enough do not seem to produce tone and gravel, as is alleged of the same kind of water in the north of England. Why this is o-if so -- is a question of some interest. Goitre and cretinism are both attributed to the use of the same magnesian limestone water. Goitre is by no means an uncommon affection here, ut not common enough, perhaps, to warrant us in thinking its special cause is in the water. Boiling the water is a preventive of all injurious effects. There is still another objection - partic- larly applicable to cities-to this kind of water, the carbonates of lime and magnesia which t contains, not simply making it hard, but giving it the power to promote the decomposition of organic matters, and thus where the soil is sandy or porous, endangering the purity of our well- vater. Geology in general affects all our soils and their products; all our drainage; even our rchitecture, the material with which we build. Our building stone for half of the state is a nagnesian limestone, a rather soft or poor quality of which will absorb one-third of its bulk of vater, or two and a half gallons to the cubic foot, while most kinds of sandstone are nearly as orous as loose sand, and in some of them the penetrability for air and water is the same. (A ingle brick of poor quality will absorb a pint of water). Such materials used in the construction


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of our dwellings, without precautionary measures, give rise to rheumatism, other grave diseases, and loss of strength. Besides, this character of stone absorbs readily all kinds of liquid and gaseous impurities, and though hardening in dry air, decays soon when. exposed to underground moisture. The material of which our roads are made, as well as the kind of fuel we use in our homes, have the same unquestionable relationship to geology and disease.




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