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 34
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The boundaries enclosed the present counties of Juneau, Adams, Marquette, Green Lake, Waushara, Waupaca, Portage, Wood, Marathon, Lincoln, Shawano, New and Marinette. The La Crosse land district was formed of the following territory: "Commencing at a point where the line between townships ten and eleven north touches the Mississippi river, thence due east to the fourth principal meridian, thence north to the line between townships fourteen and fifteen north, thence east to the southeast corner of township fifteen north, of range one east of the
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fourth principal meridian, thence north on the range line to the south line of township number thirty-one north, thence west on the line between townships number thirty and thirty-one to the Chippewa river, thente down said river to its junction with the Mississippi river, thence down said river to the place of beginning." The present counties of Vernon, La Crosse, Monroe, Buf- falo, Trempealeau, Eau Claire, Clark, and parts of Juneau and Chippewa were included in its limits.
By act of congress, approved February 24, 1855, an additional district was formed of all that portion of the Willow river land district lying north of the line dividing townships forty and forty-one, to be called the Fond du Lac district - the office to be located by the president as he might from time to time direct. The present counties of Douglas, Bayfield, Ashland, and part of Burnett were included within its boundaries.
By an act of congress, approved March 3, 1857, so much of the districts of land subject to sale at La Crosse and Hudson, in the state of Wisconsin, contained in the following boundaries, were constituted a new district, to be known as the Chippewa land district : North of the line dividing townships twenty-four and twenty-five north; south of the line dividing townships forty and forty-one north ; west of the line dividing ranges one and two east; and east of the line dividing ranges eleven and twelve west. The location of the office was to be designated by the president as the public interest might require. The present counties of Chippewa, Taylor, Eau Claire and Clark were in this district.
There are at the present time six land offices in the state. They are located at Menasha, Falls of St. Croix, Wausau, La Crosse, Bayfield and Eau Claire. By the provisions of law, when the number of acres of land in any one district is reduced to one hundred thousand acres, sub- ject to private entry, the secretary of the interior is required to discontinue the office, and the lands remaining unsold are transferred to the nearest land office, to be there subject to sale. The power of locating these offices rests with the president (unless otherwise directed by law), who is also authorized to change and re-establish the boundaries of land districts whenever, in his opinion, the public service will be subserved thereby.
The pre-emption law of 1830 was intended for the benefit of actual settlers against compe- tition in open market with non-resident purchasers. It gave every person who cultivated any part of a quarter section the previous year, and occupied the tract at the date mentioned, the privilege of securing it by payment of the minimum price at any time before the day fixed for the commencement of the public sale. To avail himself of this provision he was to file proof of cultivation and occupancy. As men frequently located claims in advance of the survey, it occasionally happened that two or more would find themselves upon the same quarter section, in which case the pre-emption law permitted two joint occupants to divide the quarter section equally between them, whereupon each party received a certificate from the land office, author- izing him to locate an additional eighty acres, elsewhere in the same land district, not interfering with other settlers having the right of preference. This was called a floating right. This pro- vision of the law was ingeniously perverted from its plain purpose in various ways.
As fast as these evasions came to the notice of the department, all certificates given to occupants of the same quarter section in excess of the two first, or to more than one member of the same family, to employees, to any person who had not paid for eighty acres originally occupied, as well as those which were not located at the time of such payment, and the additional tract paid for before the public sale, were held to be worthless or fraudulent ; but a large number of these certificates had been issued, and passed into the hands of speculators and designing men, and were a source of almost endless vexation and annoyance to settlers. The law of 1830
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expired by limitation in one year from its passage, but was revived by the law of 1834 for two years. In the interim no settler could obtain his land by pre-emption. The law of 1834 extended only to those who had made cultivation in 1833, consequently the settlers of later date were excluded from its benefits. Meanwhile the fraudulent floats were freely used to dispossess actual settlers as late as 1835.
The pre-emption law of congress, approved September 4, 1841, provided that every person .
who should make a settlement in person on public land, and erect a dwelling, should be author- ized to enter a quarter section (one hundred and sixty acres), at the minimum price (one dollar and twenty-five cents per acre), and thus secure the same against competition ; and if any person should settle upon and improve land subject to private entry, he might within thirty days give notice to the register of the land office of his intention to claim the land settled upon, and might within one year upon making proof of his right, enter the land at the minimum price.
At the public land sales at Mineral Point, held in 1835, all those tracts on which lead was found, or on which it was supposed to exist, were reserved to the United States, and were leased under certain regulations by the government for a rent of ten per centum of all the lead raised. The quantity of land thus reserved was estimated at one million acres. Considerable difficulty was found in collecting these rents, and subsequently it was abandoned, as the amount expended in collecting exceeded the value of the lead collected. In the period of four years the government suffered a loss of over nineteen thousand dollars.
The act of congress, approved July 11, 1846, authorized the sale of the reserved mineral lands in Illinois, Wisconsin and Iowa, and provided that, after six months' public notice, the lands should not be subject to the rights of pre-emption until after the same had been offered at public sale, when they should be subject to private entry. The law also provided, that, upon satisfac- tory proof being made to the register and receiver of the proper land office, any tract or tracts of land containing a mine or mines of lead ore actually discovered and being worked, would be sold in such legal subdivisions as would include lead mines, and no bid should be received therefor at less than the sum of two dollars and fifty cents per acre, and if such tract or tracts should not be sold at such public sale, at such price, nor should be entered at private sale within twelve months thereafter, the same should be subject to sale as other lands. This act was changed by an act approved March 3, 1847, providing that any one being in possession by actual occupancy of a mine discovered prior to the passage of this act, who should pay the same rents as those who held leases from the secretary of war, should be entitled to purchase the lands prior to the day of sale at five dollars per acre. Mineral lands were to be offered for sale in forty acre pieces, and no bids were to be received less than five dollars per acre, and if not sold they were then to be subject to private entry at the same.price. In 1847 or 1848 the reserved mineral lands were sold at public sale at Mineral Point at two dollars and fifty cents per acre, and they were all disposed of at that price.
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 an 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 miles 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 a 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 a 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.
ยท 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 500,000 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 and harbor company 32,342 acres, and the remaining portion was authorized to be sold for agri- cultural purposes by said company.
The first railroad grant in Wisconsin was by act of congress, approved June 3, 1856, by the first 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 lake, 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, every 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, and to no other purpose whatever, and subject to the disposal of the legislature, and the same shall remain public highways for the use of the government, free from toll and other charges upon the transportation of property or troops of the United States, with other conditions as to the disposal of said lands.
The grant was accepted by the legislature by an act approved October 8, 1856, and on the IIth 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 or before January 1, 1857, and to complete the same to Oshkosh before August 1, 1858. Of this land grant John W. Cary says: "That portion of the grant given to aid in the construction of a 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 failed 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 ; and 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 or Columbus to the St. Croix river, as before stated. The La Crosse company, during the years 1857 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- cessors 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- son to Portage. After the failure of the company, this line was abandoned, and so remained until 1870, when a new company was organized, under the name of the Madison & Portage City railroad company. In 1873, an act was passed chartering the Tomah & Lake St. Croix railroad company, and repealing and annulling that portion of the land grant which bestowed the lands from Tomah to Lake St. Croix upon the La Crosse company, and bestowing the same upon the company chartered by this act. This road is known as the West Wisconsin railroad.
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