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 33
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24. A treaty was made with the Menomonee nation, at the falls of Wolf river, May 12, 1854, being a supplementary treaty to one made October 18, 1848. All the lands ceded to that nation under the treaty last named was ceded to the United States - the Menomonees to receive from the United States a tract of country lying on Wolf river, being townships 28, 29 and 30, of ranges 13, 14, 15, 16.
25. A treaty was made with the Chippewas of Lake Superior, at La Pointe, on the 30th of September, 1854. That nation ceded to the United States all lands before owned by them in common with the Chippewas of the Mississippi -lying in the vicinity of Lake Superior in Wis-
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consin and Minnesota.
26. On the 5th of February, 1856, a treaty was held with the Stockbridge and Munsee tribes, at Stockbridge. All the remaining right and title to lands in the town of Stockbridge, possessed by them, was ceded to the United States; and the said tribes were to receive in exchange a tract of land near the southern boundary of the Menomonee reservation, and by treaty made at Keshena, February 11, 1856, the Menomonees ceded two townships to locate the said tribes.
With this last treaty, the Indian title to all the lands of the present state of Wisconsin was ceded to the United States government, except a few small reservations to certain tribes, and a perfect, indefeasible title obtained to all the territory within its borders.
In the region of country which is now the state of Wisconsin, the settlements in early times were, as before stated, near Green Bay and at Prairie du Chien. Soon after the organization cf the Northwest territory, the subject of claims to private property therein received much attention. By an act of congress approved March 3, 1805, lands lying in the districts of Vincennes, Kas- kaskia and Detroit, which were claimed by virtue of French or British grants, legally and fully executed, or by virtue of grants issued under the authority of ány former act of congress by either of the governors of the Northwest or Indiana territory, which had already been surveyed, were, if necessary, to be re-surveyed; and persons claiming lands under these grants were to have until November 1, 1805, to give notice of the same. Commissioners were to be appointed to examine, and report at the next session of congress. An act was also passed, approved April 25, 1806, to authorize the granting of patents for lands, according to government surveys that had been made, and to grant donation rights to certain claimants of land in the district of Detroit, and for other purposes Another act was approved May 11, 1820, reviving the powers of the commissioners for ascertaining and deciding on claims in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the territory of Michigan ; the commis- sioners to have power to examine and decide on claims filed with the register of the land office, and not before acted on, in accordance with the laws respecting the same. The commissioners discharged the duties imposed on them, and in their report to congress in reference to the claims at Green Bay, they said that the antiquity of this settlement being, in their view, sufficiently established, and that they, being also satisfied that the Indian title must be considered to have been extinguished, decide favorably on the claims presented. About seventy-five titles were con- firmed, and patents for the same were sent to the proper parties by the government. In relation to the Prairie du Chien titles, they reported " that they had met few difficulties in their investi- gations ; that, notwithstanding the high antiquity which may be claimed for the settlement of that place, no one perfect title founded on French or British grant, legally authenticated, had been successfully made out; and that but few deeds of any sort have been exhibited." This they
attribute to the carelessness of the Canadians in respect to whatever concerned their land titles, and accords with whatever is known in this regard, of the French population throughout the country. They therefore came to the conclusion that whatever claim the people of the place possessed, and might have for a confirmation of their land titles, they must be founded upon proof of con tinued possession since the year 1796 The commissioners further say, that " since the ancestors of these settlers were cut off, by the treaty which gave the Canadas to the English, from all inter- course with their parent country, the people both of Prairie du Chien and Green Bay have been eft, until within a few years, quite isolated, almost without any government but their own; and, although the present population of these settlements are natives of the countries which they inhabit, and, consequently, are by birth citizens of the northwest, yet, until a few years, they have had as little political connection with its government as their ancestors had with the British. Ignorant of their civil rights, careless of their land titles, docility, habitual hospitality, cheerful
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submission to the requisitions of any government which may be set over them, are their universal characteristics."
In reference to grants by the French and English governments, the commissioners say, they " have not had access to any public archives by which to ascertain with positive certainty, whether either the French or English ever effected a formal extinguishment of the Indian title at the mouth of the Wisconsin, which also may be said of the land now covered by the city of Detroit, that the French government was not accustomed to hold formal treaties for such purposes with the Indians, and when the lands have been actually procured from them, either by virtue of the assumed right of conquest, or by purchase, evidence of such acquisition is rather to be sought in the traditionary history of the country, or in the casual or scanty relations of travelers, than among collections of state papers. Tradition does recognize the fact of the extinguishment of the Indian title at Prairie du Chien by the old French government, before its surrender to the English; and by the same species of testimony, more positive because more recent, it is estab- lished also, that, in the year 1781, Patrick Sinclair, lieutenant governor of the province of Upper Canada, while the English government had jurisdiction over this country, made a formal purchase from the Indians of the lands comprehending the settlement of Prairie du Chien."
The territories and states formed from the section known as the Northwest territory, were :
I The Northwest territory proper (1787-1800) having jurisdiction over all the lands referred to in the ordinance of 1787. In 1802, Ohio was organized as a state with its present boun- daries.
2. Indiana territory was formed July 4, 1800, with the seat of government at Vincennes That territory was made to include all of the northwest, except what afterward became the state of Ohio.
3. Michigan territory was formed June 30, 1805. It was bounded on the south by a line drawn east from the south bend of Lake Michigan, on the west by the center of Lake Michigan. It did not include what is now Wisconsin. The upper peninsula was annexed in r836. The state of Michigan was formed January 26, 1837, with its present boundaries.
4. Illinois territory was formed March 2, 1810. It included all of the Indiana territory west of the Wabash river and Vincennes, and a line running due north to the territorial line. All of Wisconsin was included therein, except what lay east of the line drawn north from Vincennes.
5. Indiana was admitted as a state April 19, 1816, including all the territory of Indiana territory, except a narrow strip east of the line of Vincennes, and west of Michigan territory, her western boundary.
6. Illinois was admitted as a state April 11, 1818. It included all of Illinois territory south of latitude 42° 30'. All of Wisconsin was added to Michigan territory. In the month of Octo- ber of that year, the counties of Michilimackinac, Brown and Crawford were formed, comprising besides other territory, the whole of the present state of Wisconsin.
7. Iowa district was attached to Michigan for judicial purposes, June 30, 1834, out of which Des Moines and Dubuque counties were formed.
8. Wisconsin territory was formed April 20, 1836. The state was formed May 29, 1848.
The territory of Wisconsin being a part of the Northwest territory claimed, and congress by direct action confirmed to her, all the rights and privileges secured by the ordinance of 1787, one of which was that congress should have authority to form one or two states in that part of the territory lying north of an east and west line, drawn through the southerly bend or extreme of Lake Michigan. Notwithstanding this plain provision of the ordinance, which is declared to
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HISTORY OF WISCONSIN.
be articles of compact between the original states and the people and states in the said territory, and forever to remain unalterable unless by consent ; yet congress, in establishing the boundaries of the state of Illinois, extended that state about sixty miles north of the line established by the ordinance. This action was claimed to be unjust and contrary to the spirit and letter of the compact with the original states. The legislative assembly of Wisconsin passed resolutions which were approved January 13, 1840, that it was inexpedient' for the people of the territory to form a constitution and state government until the southern boundary to which they are so justly entitled by the ordinance of 1787 shall be fully recognized by the parties of the original com- pact. Owing to various complications over which the territory had no control, her people never succeeded in obtaining from congress what they considered their just rights.
It was also contended by many, that the portion of country set off to Michigan on Lake Superior given as a compensation in part for the strip of land awarded to Ohio from her south- ern border, should also have constituted a portion of Wisconsin, especially as Michigan never made the least claim to it by her delegate in congress, who was decidedly opposed to the exten- sion of Michigan beyond the limits of the lower peninsula.
The first survey of the public lands northwest of the Ohio river, was made pursuant to an act of congress approved May 20, 1785 The geographer of the confederation was diected to commence the survey of the government lands on the north side of the river Ohio - the first line running north and south, to begin on said river at a point that should be found to be due north from the western termination of a line which had been run as the southern boundary of the state of Pennsylvania; the first line running east and west, to begin at the same point, and to extend through the whole territory. The survey comprised seven ranges, composing ten counties of the present state of Ohio. Other surveys followed when the Indian title was extinguished. Thomas Hutchins, who held the office of geographer, is believed to be the inventor of the mode of laying out land which was then introduced by him, and is still in general use by the government.
Soon after the government had acquired title to the Indian lands south of the Wisconsin river, the public authorities commenced a systematic survey of the lands, for the purpose of bringing the same into market at the earliest possible period.
The public lands in Wisconsin are, as elsewhere in the west, surveyed in uniform rec- tangular tracts, each six miles square, by lines running north and south, intersecting others running east and west. These townships are numbered from two lines called the principal meridian and the base line. The principal meridian by which the Wisconsin surveys are gov- erned is that known as the fourth, and extends from the Illinois boundary line to Lake Superior, at the mouth of Montreal river, about two hundred and eighty-two miles. It divides Grant from LaFayette county, and passes through the eastern parts of Vernon, Monroe, Jackson, Clark, Chippewa, and Ashland counties. The base line separates Wisconsin from Illinois in north latitude forty-two degrees, thirty minutes. There are nearly seventeen hundred townships in the state. Each township is subdivided into thirty-six sections by lines running parallel to the sides of the township, one mile apart. A section is, therefore. one mile square, and contains six hundred and forty acres. In fractional townships, each section is numbered the same as the corresponding section in whole townships. Each section is subdivided into half-mile squares, called quarter-sections, each containing one hundred and sixty acres, and the subdivision is carried still further into half-quarter or quarter-quarter sections. It is found necessary to estab- lish at stated intervals standard parallels, commonly called correction lines, to obviate the effect of the curvature of the earth's surface. The convergence in a single township is small, though quite perceptible, the actual excess in length of its 'south over its north line being in the state
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about three rods. The townships north of the base line, therefore, become narrower toward the north, and if continued for too great a distance, this narrowing would cause serious inconvenience. In the state of Wisconsin there are four of these correction lines. The first is sixty miles north of the base line, and accordingly runs between townships ten and eleven. The second is between townships twenty and twenty-one, and so on. They are usually sixty miles apart. On these parallels, which form new base lines, fresh measurements are made from the principal meridian, and the corners of new townships are fixed six miles apart as on the original base line. This method of procedure not only takes up the error due to convergency of meridians, but arrests that caused by want of precision in the surveys already made.
The northern or western sections of townships, which contain more or less than six hun- dred and forty acres, are called fractional sections, for the reason that the surplusage or deficiency arising from errors in surveying, and from other causes, is by law added to or deducted from the western or northern ranges of sections according as the error may be in run- ning the lines from east to west, or from north to south.
As soon as the surveys were completed in southern Wisconsin and the Green Bay section, and a knowledge of the superior qualities of the land for agricultural purposes were known to the people, the emigration became large. In fact much land was taken possession of by settlers in advance of being surveyed and brought into market. As soon as the land offices at Green Bay, Mineral Point, and Milwaukee were located, public announcement was made by the govern- ment, of the time of the sale, when the lands were put up to the highest bidder, and such as were unsold were afterward subject to private entry. The first sales were held at Green Bay and
Mineral Point in the year 1835. The sale at. Milwaukee was in 1839. From the reports of the general land office, it appears that from 1835 to 1845 inclusive, there were sold at the three land offices from public sale, 2,958,592140% acres, amounting to $3,768,106.51.
Fort Howard military reservation was set apart by order of the president March 2, 1829, and comprised all the lands lying upon Fox river and Green bay, in township 24 north, range 20 east, 4th principal meridian, being about four thousand acres. The lands were abandoned for military purposes, by the war department, December 4, 1850. By an act of congress approved March 3, 1863, the commissioner of the general land office was authorized and directed to cause the reservation, including the site of the fort, containing three and four-hundredths acres, situated in the county of Brown, between Fox river and Beaver Dam run, and which is not included in the confirmations to T. C. Dousman and Daniel Whitney, nor in the grant to the state of Wis- consin, under resolutions of congress approved April 25, 1862, granting lands to Wisconsin to aid in the construction of railroads, to be surveyed and subdivided into lots not less than one- fourth of an acre, and not more than forty acres, deducting such portions of the same as the public interest and convenience may require ; and when so surveyed and platted, to be sold sep- arately at auction. On the 10th of November, 1864, under directions of the commissioner, the lands were offered for sale at auction at the fort. About one-half of the lands were sold, and purchased by actual settlers, and but few for speculation. The fort and the lands contiguous were sold for six thousand four hundred dollars. The other lands sold brought about the sum of nineteen thousand dollars.
That portion of the reservation unsold was to be subject to private entry at the appraised value, and that portion lying between Duck creek and Beaver Dam creek, was subject to entry as other public lands were offered.
On the 20th of May, 1868, a joint resolution of congress was approved, by which the com- missioner of the general land office was authorized and directed to cause a patent to be issued to the Chicago & Northwestern railroad company. in pursuance of a resolution passed by con-
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gress, granting the same to the state of Wisconsin, approved April 25, 1862, and by act of the legislature approved June 16, 1862, granting the same to that company for eighty acres of land, as was .surveyed and approved by said commissioner June 11, 1864. The lands thus donated are now used by the railroad company for their depot grounds
The Fort Crawford military reservation was purchased from J. H. Lockwood and James D. Doty by the government in the year 1829, and covered the front and main portions of farm lots numbered thirty three and thirty-four, of the private land claims at Prairie du Chien, and com- prised about one hundred and sixty acres. Fort Crawford was built on this tract in 1829, 1830 and 1831. . There was also a reservation of section eighteen, township seven, north of range four west, known as the Cattle Yard. This land was at the mouth of the Kickapoo river, and is now known as the village of Wauzeka. In addition to these lands which were located in Wis- consin, there was a reservation of lands lying on the west side of the Mississippi river, in Iowa. The lands in Wisconsin were relinquished by the secretary of war, January 10, 1851, and were originally set apart by the president of the United States, February 17, 1843.
In the month of April, 1857, the secretary of war authorized Hon. H. M. Rice, of Minne- sota, to sell that part of the reservation not improved, in tracts not exceeding forty acres each ; and, in the month of June of that year, he sold at auction five hundred and seven acres of the reserve opposite Fort Crawford, none of which was claimed by actual settlers ; and in the month of December, 1857, he sold the remainder to claimants of lands, also on the west side, and the section in Wisconsin known as the Cattle Yard, amounting to 177100 s. A portion of this reservation was subdivided into town lots, 80 by 140 feet, with streets 66 feet and alleys 20 feet wide November 17, 1864, the acting commissioner of the general land office, by order of the war department, offered for sale at public auction at La Crosse the reservation at Fort Crawford, which had been surveyed and subdivided into town lots, eighty by one hundred and forty feet, with streets sixty-five feet and alleys twenty feet wide, conforming to the plat of the village of Prairie du Chien. The lands unsold were subsequently opened to private entry and disposed of.
The lands of the Fort Winnebago reservation were set apart by order of the president, February 9, 1835, and consisted of the following territory: sections two, three, and that part of four lying east of Fox river, and fractional section nine, all in township twelve, north of range nine east, also fractional section thirty-three, in township thirteen, north of range nine east, lying west of Fox river, and the fraction of section four, township twelve north, of range nine east, lying west of claim numbered twenty-one of A. Grignon, and adjacent to Fort Winnebago, reserved by order of the president, July 29, 1851 the whole amounting to about four thousand acres. September the first, 1853, these lands were by order of the president offered for sale at public auction at the fort, by F. H. Masten, assistant quartermaster United States army, having previously been surveyed into forty acre lots, and were purchased by J. B. Martin, G. C. Tallman, W. H. Wells, Wm. Wier, N. H. Wood, M. R. Keegan, and others.
The first land offices in Wisconsin were established under an act of congress approved June 26, 1834, creating additional land districts in the states of Illinois and Missouri, and in the territory north of the state of Illinois. The first section provides " that all that tract lying north of the state of Illinois, west of Lake Michigan, south and southeast of the Wisconsin and Fox rivers, included in the present territory of Michigan, shall be divided by a north and south line, drawn from the northern boundary of Illinois along the range of township line west of Fort Winnebago to the Wisconsin river, and to be called - the one on the west side, the Wisconsin land district, and that on the east side the Green Bay land district of the territory of Michigan, which two districts shall embrace the country north of said rivers when the Indian title shall be
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extinguished, and the Green Bay district may be divided so as to form two districts, when the president shall deem it proper ;" and by section three of said act, the president was author- ized to appoint a register and receiver for such office, as soon as a sufficient number of townships are surveyed.
An act of congress, approved June 15, 1836, divided the Green Bay land district, as estab- lished in 1834, " by a line commencing on the western boundary of said district, and running thence east between townships ten and eleven north, to the line between ranges seventeen and eighteen east, thence north between said ranges of townships to the line between townships twelve and thirteen north, thence east between said townships twelve and thirteen to Lake Michigan ; and all the country bounded north by the division line here described, south by the base line, east by Lake Michigan, and west by the division line between ranges eight and nine east," to be constituted a separate district and known as the "Milwaukee land district." It included the present counties of Racine, Kenosha, Rock, Jefferson, Waukesha, Walworth and Milwaukee, and parts of Green, Dane, Washington, Ozaukee, Dodge and Columbia.
An act was approved March 3, 1847, creating an additional land district in the territory. All that portion of the public lands lying north and west of the following boundaries, formed a district to be known as the Chippewa land district : commencing at the Mississippi river on the line between townships twenty-two and twenty-three north, running thence east along said line to the fourth principal meridian, thence north along said meridian line to the line dividing town- ships twenty-nine and thirty, thence east along such township line to the Wisconsin river, thence up the main channel of said river to the boundary line between the state of Michigan and the territory of Wisconsin. The counties now included in this district are Pepin, Clark, Eau Claire, Dunn, Pierce, St. Croix, Polk, Barron, Burnett, Douglas, Bayfield, Ashland, Taylor, Chippewa, and parts of Buffalo, Trempeleau and Jackson ; also, the new county of Price.
An act of congress, approved March 2, 1849, changed the location of the land office in the Chippewa district from the falls of St. Croix to Stillwater, in the county of St. Croix, in the proposed territory of Minnesota; and, by section two of the act, an additional land office and district was created, comprising all the lands in Wisconsin not included in the districts of land subject to sale at Green Bay, Milwaukee, or Mineral Point, which was to be known as the Western land district, and the president was authorized to designate the site where the office should be located .. Willow River, now Hudson, was selected. The district was usually known as the St. Croix and Chippewa district, and included St. Croix, La Pointe, and parts of Chippewa and Marathon counties. By an act of congress, approved July 30, 1852, so much of the public lands in Wisconsin as lay within a boundary line commencing at the southwest corner of township fifteen, north of range two east of the fourth principal meridian, thence running due east to the southeast corner of township fifteen, north of range eleven, east of the fourth principal meridian, thence north along such range line to the north line of the state of Wisconsin, thence westwardly along said north line to the line between ranges one and two east of fourth principal meridian, thence south to the place of beginning, were formed into a new district, and known as the Stevens Point land district, and a land office located at that place.
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