USA > Wisconsin > Sauk County > The history of Sauk County, Wisconsin, containing an account of settlement, growth, development and resources biographical sketches the whole preceded by a history of Wisconsin > Part 32
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Of the war between the French and English governments in America, known as the French and Indian war, it is not necessary to speak, except in general terms. The English made a determined effort to obtain the possessions claimed by the French. The capture of Quebec in 1759, and the subsequent capitulation of Montreal in 1760, extinguished the domination of France in the basin of the St. Lawrence ; and by the terms of the treaty of Paris, concluded February 10, 1763, all the possessions in, and all the claims of the French nation to, the vast country watered by the Ohio and the Mississippi were ceded to Great Britain.
Among the first acts of the new masters of the country was the protection of the eminent domain of the government, and the restriction of all attempts on the part of individuals to acquire Indian titles to lands. By the King of England's proclamation of 1763, no more grants of land within certain prescribed limits could be issued, and all private persons were interdicted the liberty of purchasing lands from the Indians, or of making settlements within those prescribed limits. The indulgence of such a privilege as that of making private purchases of the natives, conduced to the most serious difficulties, and made way for the practice of the most reprehensible frauds. The policy pursued by the English government has been adopted and acted upon by the government of the United States in the extinguishment of the Indian title to lands in every part of the country.
In face of the proclamation of 1763, and within three years after its promulgation, under a pretended purchase from, or voluntary grant of the natives, a tract of country nearly one hundred miles square, including large portions of what is now northern Wisconsin and Minnesota, was claimed by Jonathan Carver, and a ratification of his title solicited from the king and council. This was not conceded ; and the representatives of Carver, after the change of government had
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brought the lands under the jurisdiction of the United States, for a series of years presented the same claims before congress, and asked for their confirmation. Such a demand under all the circumstances, could not justify an expectation of success; and, of course, has often been refused. But notwithstanding the abundant means which the public have had of informing themselves of the true nature and condition of Carver's claim, bargains and sales of portions of this tract have been made among visionary speculators for more than half a century past. It is now only a short period since the maps of the United States ceased to be defaced by a delineation of The "Carver Grant."
The mere transfer of the dominion over the country from the French to the English govern- ment, and the consequent occupation of the English posts by the new masters, did not in any great degree affect the social condition of the inhabitants. By the terms of capitulation, the French subjects were permitted to remain in the country, in the full enjoyment of their civil and religious privileges.
The English, however, did not hold peaceable possession of the territory acquired. The war inaugurated by Pontiac and his Indian allies on the military posts occupied by the English soon followed, and in the month of May, 1763, nine posts were captured with much loss of life. In the spring of 1764, twenty-two tribes who were more or less identified in the outbreak, concluded a treaty of peace with General Bradstreet at Niagara.
The expedition of Colonel George Rogers Clark to the Illinois country, and the conquest of the British posts in 1778 and 1779, had the effect to open the way for the emigration of the Anglo-American population to the Mississippi valley; and at the close of the revolutionary war, Great Britain renounced all claim to the whole territory lying east of the Mississippi river. The dominion of the English in the Illinois and Wabash countries, ceased with the loss of the military posts which commanded the Northwestern territory of the United States. As a result of the enterprise and success of Clark, Virginia obtained possession of the Illinois country; his expedition having been undertaken and carried forward under the auspices of that state.
Several of the eastern states under their colonial charters, laid claim to portions of the land comprised in the territory northwest of the Ohio river. The claim of Massachusetts was derived from a grant from King James of November 3, 1620; and included from lat. 42º 24 to about lat. 45°, extending to the south sea; Connecticut claimed from lat. 41º north to 42º 24. The claims of Virginia were from grants from King James, bearing date, respectively, April 10, 1606, May 23, 1609, and March 12, 1611, and an additional claim for the territory conquered by Clark in the Illinois country ; but they extended no farther north than the southern end of Lake Michigan.
It is a popular impression that the territory of the present state of Wisconsin was compre- hended in the lands northwest of the river Ohio, over which Virginia exercised jurisdiction, and, consequently, was included in her deed of cession of lands to the United States. This opinion so generally entertained by writers on American history, is a statement which does not appear to have any solid foundation in fact. Virginia never made any conquests or settlements in Wiscon- sin, and at no time prior to the proffer of her claims to the general government had she ever exercised jurisdiction over it. In fact, there were no settlements in Wisconsin except at Green Bay and Prairie du Chien before that time, and these were made by French settlers who were in no wise interfered with while the revolution continued. In Illinois it was otherwise; and the possession of its territory by Virginia was an undisputed fact. During the revolution the title of the sovereignty in Wisconsin was actually in Great Britain, and so remained until the definite treaty of peace in 1783; at which date England yielding her right constructively to the United States, retaining possession, however, until 1796; at which time the western posts were transferred to the United States.
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All the claiming states finally ceded their interests to the general government, giving the latter a perfect title, subject only to the rights of the Indians. The deed of cession from Virginia was dated March 1, 1784. The other states ceded their claims, some before this date, others subsequent thereto.
Virginia made a number of stipulations in her deed of cession; among others, that the French and Canadian inhabitants and the neighboring villages who had professed themselves citizens of Virginia, should have their possessions and title confirmed to them, and be protected in the enjoyment of their rights and liberties; that 150,000 acres of land near the rapids of the Ohio, should be reserved for that portion of her state troops which had reduced the country; and about 3,500,000 acres between the rivers Scioto and Little Miami be reserved for bounties to her troops on the continental establishment.
In consequence of certain objectionable stipulations made by Virginia as to the division of the territory into states, the deed of cession was referred back to that state with a recommenda- tion from congress that these stipulations should be altered. On the 30th of December, 1788, Virginia assented to the wish of congress, and formally ratified and confirmed the fifth article of compact which related to that subject, and tacitly gave her consent to the whole ordinance of 1787. The provisions of this ordinance have since been applied to all the territories of the United States lying north of the 36º 404. After the adoption of the constitution of the United States the the new congress, among its earliest acts, passed one, recognizing the binding force of the ordi- nance of 1787.
Of this ordinance it has been said : "It was based on the principles of civil liberty, maintained in the magna charta of England, re-enacted in the bill of rights, and incorporated in our differ- ent state constitutions. It was the fundamental law of the constitution, so to speak, of the great northwest, upon which were based, and with which harmonized all our territorial enactments, as well as our subsequent state legislation, and, moreover, it is to that wise, statesman-like document that we are indebted for much of our prosperity and greatness."
After the close of the revolutionary war, enterprising individuals traversed the whole country which had been ceded to the government, and companies were formed to explore and settle the fertile and beautiful lands beyond the Ohio; but the determination of the British cabinet not to evacuate the western posts, was well known, and had its effect on the people who were disposed to make settlements.
The western tribes were also dissatisfied and threatened war, and efforts were made by the government to settle the difficulties. A grand council was held at the mouth of Detroit river in December, 1787, which did not result favorably, and two treaties were subsequently held, which were not respected by the savages who were parties to them. Soon an Indian war ensued, which resulted at first disastrously to the American troops under Generals Harmar and St. Clair, but finally with success to the American arms under General Wayne. The treaty of Greenville followed. It was concluded August 3, 1795. At this treaty there were present eleven hundred and thirty chiefs and warriors. It was signed by eighty-four chiefs and General Anthony Wayne, sole commissioner of the United States. One of the provisions of the treaty was that in consid- eration of the peace then established, and the cessions and relinquishments of lands made by the tribes of Indians, and to manifest the liberality of the United States as the great means of render- ing this peace strong and perpetual, the United States relinquished their claims to all other Indian lands northward of the river Ohio, eastward of the Mississippi, and westward and south- ward of the great lakes and the waters united by them, except certain reservations and portions before purchased of the Indians, none of which were within the present limits of this state. The Indian title to the whole of what is now Wisconsin, subject only to certain restrictions, became
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absolute in the various tribes inhabiting it. By this treaty it was stipulated that, of the lands relin- quished by the United States, the Indian tribes who have a right to those lands, were quietly to enjoy them ; hunting, planting, and dwelling thereon so long as they pleased ; but, when those tribes or any of them should be disposed to sell them, or any part of them, they were to be sold only to the United States, and until such sale, the United States would protect all of the tribes in the quiet enjoyment of their lands against all citizens of the United States, and all other white persons who might intrude on the same. At the same time all the tribes acknowledged them- selves to be under the protection of the United States, and no other person or power what- soever.
The treaty also prohibited any citizen of the United States, or any other white man, settling upon the lands relinquished by the general government ; and such person was to be considered as out of the protection of the United States; and the Indian tribe on whose land the settlement might be made, could drive off the settler, or punish him in such manner as it might see fit.
It will be seen that the Indians were acknowledged to have an unquestionable title to the lands they occupied until that right should be extinguished by a voluntary cession to the general government; and the constitution of the United States, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, adopted and sanctioned previous treaties with the Indian nations, and consequently admitted their rank among those powers who are capable of making treaties.
The several treaties which had been made between commissioners on the part of the United States and various nations of Indians, previous to the treaty of Greenville, were generally restricted to declarations of amity and friendship, the establishment and confirming of bounda- ries, and the protection of settlements on Indian lands ; those that followed were generally for a cession of lands and provisions made for their payment. It is proposed to notice the several treaties that took place after that held at Greenville, showing in what way the territory of the present state, came into possession of the government. As will be seen hereafter, it required trea- ties with numerous tribes of Indians to obtain a clear, undisputed title, as well as many years before it was fully accomplished.
I. A treaty was held at St. Louis, November 3, 1804, between the Sacs and Foxes and the United States. William Henry Harrison was acting commissioner on the part of the govern- ment. By the provisions of the treaty, the chiefs and head men of the united tribes ceded to the United States a large tract on both sides of the Mississippi, extending on the east from the mouth of the Illinois to the head of that river, and thence to the Wisconsin; and including on the west considerable portions of Iowa and Missouri, from the mouth of the Gasconade north- ward. In what is now the state of Wisconsin, this grant embraced the whole of the present counties of Grant and La Fayette and a large portion of Iowa and Green counties. The lead region was included in this purchase. In consideration of this cession, the general government agreed to protect the tribes in the quiet enjoyment of their land, against its own citizens and all others who should intrude on them. The tribes permitted a fort to be built on the upper side of the Wisconsin river, near its mouth, and granted a tract of land two miles square, adjoin- ing the same. The government agreed to give them an annuity. of one thousand dollars per annum. The validity of this treaty was denied by one band of the Sac Indians, and this cession of land became, twenty-eight years after, the alleged cause of the Black Hawk war.
2. Another treaty was held at Portage des Sioux, now a village in St. Charles county, Mis- souri, on the Mississippi river, September 13, 1815, with certain chiefs of that portion of the Sac nation then residing in Missouri, who, they said, were compelled since the commencement of
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the late war, to separate themselves from the rest of their nation. They gave their assent to the treaty made at St. Louis in 1804, and promised to remain separate from the Sacs of Rock river, and to give them no aid or assistance, until peace should be concluded between the United States and the Foxes of Rock river.
3. On the 14th of September, a treaty was made with the chiefs of the Fox tribe at the same place. They agreed that all prisoners in their hands should be delivered up to the govern- ment. They assented to, recognized, re-established and confirmed the treaty of 1804, to the full extent of their interest in the same.
4. A treaty was held at St. Louis, May 13, 1816, with the Sacs of Rock river, who affirmed the treaty of 1804, and agreed to deliver up all the property stolen or plundered, and in failure to do so, to forfeit all title to their annuities. To this treaty, Black Hawk's name appears with others. That chief afterward affirnied that though he himself had "touched the quill " to this treaty, he knew not what he was signing, and that he was therein deceived by the agent and others, who did not correctly explain the nature of the grant; and in reference to the treaty of St. Louis in 1804, and at Portage des Sioux in 1815, he said that he did not consider the same valid or binding on him or his tribe, inasmuch as by the terms of those treaties, territory was described which the Indians never intended to sell, and the treaty of 1804, particularly, was made by parties who had neither authority in the nation, nor power to dispose of its lands. Whether this was a true statement of the case, or otherwise, it is quite certain that the grant of lands referred to was often confirmed by his nation, and was deemed conclusive and binding by the government. The latter acted in good faith to the tribes, as well as to the settlers, in the disposition of the lands.
5. A treaty of peace and friendship was made at St. Louis, June 3, 1816, between the chiefs and warriors of that part of the Winnebagoes residing on the Wisconsin river. In this treaty the tribe state that they have separated themselves from the rest of their nation; that they, for themselves and those they represent, confirm to the United States all and every cession of land heretofore made by their nation, and every contract and agreement, as far as their interest extended.
6. On the 30th of March, 1817, the Menomonee tribe concluded a treaty of peace and friendship at St. Louis with the United States, and confirmed all and every cession of land before made by them within the limits of the United States.
7. On the 19th of August, 1825, at Prairie du Chien, a treaty was made with the Sioux, Chippewas, Sacs and Foxes, Winnebagoes, Ottawas and Pottawattamies, by which the boundary between the two first nations was agreed upon; also between the Chippewas, Winnebagoes and other tribes.
8. Another treaty was held August 5, 1826, at Fond du Lac of Lake Superior, a small settlement on the St. Louis river, in Itaska county, Minn., with the same tribes, by which the previous treaty was confirmed in respect to boundaries, and those of the Chippewas were defined, as a portion of the same was not completed at the former treaty.
9. A treaty was made and concluded August 1, 1827, at Butte des Morts, between the United States and the Chippewa, Menomonee and Winnebago tribes, in which the boundaries of their tribes were defined ; no cession of lands was made.
Io. A treaty was made at Green Bay, August 25, 1828, with the Winnebagoes, Pottawat- tamies and other tribes. This treaty was made to remove the difficulties which had arisen in consequence of the occupation by white men of that portion of the mining country in the south- western part of Wisconsin which had not been ceded to the United States. A provisional
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boundary was provided, and privileges accorded the government to freely occupy their territory until a treaty should be made for the cession of the same. This treaty was simply to define the rights of the Indians, and to give the United States the right of occupation.
II. Two treaties were made at Prairie du Chien, on the 29th of July, 1829, and August I, 1829 : at the first date, with the Chippewas, Ottawas and Pottawattamies, by which these nations ceded all their lands which they claimed in 'the northwestern part of Illinois; and at the latter date with the Winnebagoes, by which that nation ceded and relinquished all their right, title and claim to all their lands south of the Wisconsin river, thus confirming the purchase of the lead- mine region. Certain grants were made to individuals, which grants were not to be leased or sold by the grantees.
By this important treaty, about eight millions of acres of land were added to the public domain. The three tracts ceded, and forming one whole, extended from the upper end of Rock river to the mouth of the Wisconsin, from latitude 41º 30' to latitude 43º 15', on the Mississippi. Following the meanderings of the river, it was about two hundred and forty miles from west to east, extending along the Wisconsin and Fox rivers, affording a passage across the country from the Mississippi to Lake Michigan. The south part of the purchase extended from Rock Island to Lake Michigan.
12. Another important treaty was made at Green Bay, February 8, 1831, between the Meno- monee Indians and the United States. That nation possessed an immense territory. Its eastern division was bounded by the Milwaukee river, the shore of Lake Michigan, Green bay, Fox river, and Lake Winnebago; its western division, by the Wisconsin and Chippewa rivers on the west, . Fox river on the south, Green bay on the east, and the high lands which flow the streams into Lake Superior on the north. By this treaty all the eastern division, estimated at two and a half millions of acres, was ceded to the government. By certain other provisions, the tribe was to occupy a large tract lying north of Fox river and east of Wolf river. Their territory farther west was reserved for their hunting-grounds until such time as the general government should desire to purchase it. Another portion, amounting to four millions of acres, lying between Green bay on the east and Wolf river on the west, was also ceded to the United States, besides a strip of country, three miles in width, from near the portage of the Wisconsin and Fox rivers. north, on each side of the Wisconsin river, and forty-eight miles long - still leaving the tribe in peaceable possession of a country about one hundred and twenty miles long, and about eighty broad. By supplementary articles to the treaty, provision was made for the occupancy of certain lands by the New York Indians - two townships on the east side of Lake Winnebago.
13. At the conclusion of the Black Hawk war, in 1832, for the purpose of clearing up the Indian title of the Winnebago nation in the country, a treaty was made and concluded at Fort Armstrong, September 15, 1832. All the territory claimed by this nation lying south and east of the Wisconsin and Fox river of Green bay, was ceded to the United States, and no band or party of Winnebagoes was allowed to reside, plant, fish or hunt on these grounds, after June 1, 1833, or on any part of the country therein ceded.
14. On the 27th of October, 1832, articles of agreement were made and concluded at Green Bay between the United States and the Menomonee Indians, by the terms of which that nation ceded to the New York Indians certain lands ou Fox river.
15. An important treaty was made at Chicago, September 26, 1833, between the United States and the Chippewas, Ottawas and Pottawattamies. Those nations ceded to the government all their lands along the western shore of Lake Michigan, and between that lake and the land ceded to the United States by the Winnebago nation at the treaty at Fort Armstrong, September
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15, 1832, bounded on the north by the country lately ceded by the Menomonees, and on the south by the country ceded at the treaty at Prairie du Chien, July 19, 1829 -containing about five millions of acres.
16. On the 3d of September, 1836, a treaty was made at Cedar Point with the Menomonees, by which lands lying west of Green bay, and a strip on the upper Wisconsin, were ceded to the United States -the quantity of land ceded being estimated at four millions of acres in the Green bay portion ; on the Wisconsin river, a strip three miles wide on each side of the river, running forty-eight miles north in a direct line, equivalent to 184,320 acres.
17. On the 29th of July, 1837, a treaty was made with the Chippewas of the Mississippi, at Fort Snelling, and the United States, the nation ceding to the government all their lands in Wisconsin lying south of the divide between the waters of Lake Superior and those of the Mississippi.
18. Certain chiefs and braves of the Sioux nation of the Mississippi, while visiting Washing- ton, September 29, 1837, ceded to the United States all their lands east of the Mississippi, and all their islands in said river.
19. The Winnebago nation, by the chiefs and delegates, held a treaty with the government at Washington, November 1, 1837. That nation ceded all their lands east of the Mississippi, and obligated themselves to remove, within eight months after the ratification of the treaty, to certain lands west of the river Mississippi which were conveyed to them by the treaty of Sep- tember 21, 1832.
20. The Oneida or New York Indians, residing near Green Bay, by their chief and repre- sentative, on the 3d of February, 1838, at Washington City, ceded to the United States their title and interest in the land set apart by the treaty made with the Menomonees, May 8, 1831, and the treaty made with the same tribe, October 7; 1832, reserving about 62,000 acres.
21. Another treaty was made at Stockbridge on the 3d of September, 1839, by which the Stockbridge and Munsee tribes (New York Indians) ceded and relinquished to the United States the east half of the tract of 46,080 acres which was laid off for their use on the east side of Lake Winnebago by treaty of October 7, 1832
22. On the 4th of October, 1842, a treaty was made at La Pointe, on Lake Superior, with the Chippewas. All their lands in the northern and northwestern parts of Wisconsin were ceded to the United States.
23. The Menomonee nation, on the 18th of October, 1848, at Pow-aw-hay-kon-nay, ceded and relinquished to the United States all their lands in the state, wherever situated - the gov- ernment to furnish the nation as a home, to be held as Indian lands are held, all the country ceded to the United States by the Chippewa nation August 2, 1847, the consideration being the sum of $350,000, to be paid according to the stipulations of the treaty. A supplementary treaty was made on the 24th of November, 1848, with the Stockbridges - the tribe to sell and relinquish to the United States the township of land on the east side of Lake Winnebago, secured to said tribe by treaty of February 8, 1831.
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