Asaph Whittlesey Incidents: Number VII
March 27, 2023
Collected & edited by Amorin Mello
Originally published in the March 30, 1878, issue of The Ashland Press. Transcribed with permission from Ashland Narratives by K. Wallin and published in 2013 by Straddle Creek Co.
… continued from Number VI.
Early Recollections of Ashland: Number VII
by Asaph Whittlesey
—
I am now brought to the more difficult task of making suitable mention of those who were associated with me as original proprietors of the place, some of whom have already passed the bounds of time.
Charles Whittlesey whote about Martin Beaser working for the Algonquin Company of Detroit during 1845 in Two Months In The Copper Range:
“… Martin, a sailor just from the whaling grounds of the Northwest Coast …”
Martin Beaser, was a man of much more than ordinary ability. I am not informed as to his opportunities for education in early life, but judge that they were somewhat limited, while his individual experiences were wide spread. Nothing ever passed his notice, nor would he abandon a subject until he fully comprehended it. In form he was compact, and as he was capable of great endurance, no obstacle in his life seemed too great for him to surmount. A look at his extended library will itself evince his inclination for the best of literature. – When I first met him (in August, 1854,) I took him to be something like forty-two or forty-three years of age. I had often heard his name mentioned by my brother Charles, as having been associated with him during the season of 1846 in his geological explorations of the Lake region for the General Government in connection with Dr. Houghton, – but we had never met until in August, 1854. Mr. Beaser had been very successful in business during the “palmy days” of Ontonagon, and was abundantly able to meet the expense of opening the town site of Ashland.
I think Mrs. Beaser first made Ashland her home in 1856. On the 7th of June, 1855, there landed a large sized mackinaw at Ashland, (the boat being named Ashland,) containing the following persons:
~ Edwin Ellis Incidents: Part III
Martin Beaser, Captain and owner; G. L. Brunschweiler, civil engineer and draftsman, Charles Day, J. S. Norton, Jonas Whitney, a man by the name of Weiber and a Menominie Half Breed from Green Bay. This event was a signal for an onward movement, and during that season the town was greatly improved.
I think portions of the boat named may yet be seen near the base of Durfee’s Dock in Ashland. An amusing incident took place during this trip from Ontonagon which is deserving of notice. The boat, besides passengers, was heavily loaded with provisions, groceries, &c., so that the passengers were somewhat cramped for room. As the wind was fair the party kept under way all night long, reaching the mouth of Bad River about day break. Brunschweiler, who was a very passionate man, had passed the night in a very uncomfortable manner, on account of a box of saleratus taking up the room he needed for his comfort. He had evidently felt it as a very great annoyance to him the live-long night, and he could restrain himself no longer. He therefore, with an oath, pitches overboard the box of saleratus, and in doing so lost a very valuable meerschaum pipe belonging to himself, which created a roar of laughter from the party, Mr. Beaser himself joining therein. I will only add regarding our association with Mr. Beaser and his family, that we found them to be most excellent, and accommodating neighbors.

Detail of Ashland and Bay City from inset map on Plat of Prentice’s Addition to Ashland circa late 1850s or early 1860s.
~ Wisconsin Historical Society
Mr. Beaser was drowned in Ashland Bay November 4th, 1866, having evidently reached near the center of the bay before falling overboard. The wind was in the north east so that his boat landed a little south of Whittlesey’s landing at the head of the bay. – When the boat was found the sail was set and the boat contained the purchases he had made at Bayfield. Immediate search was made for his body, but it was not found until the following spring, when a Half Breed first discovered it near the mouth of Boyd’s Creek on the west side of the bay. The citizens of Bayfield gave the body a suitable burial, first at Bayfield, and subsequently it was removed to the Protestant burying ground on La Pointe Island.
Mr. Beaser was noted for his unusual good temper, and often indulged in practical jokes. At one time he was inquired of as to the provisions made for the poor in the town of Ashland. His answer was “we starve them out.”
BRIEF SKETCH OF THE LIFE OF GEORGE KILBOURN, JR.
While I lack much in his history to enable me to be as precise in my statements regarding him as I would like to be, I am, nevertheless, in a general way, fully acquainted with his entire history. Long before I was born, George Kilbourn, Senior, (father to the subject of this notice,) purchased a farm in my native town in Ohio, and here it was that George, Jr., first displayed his qualities as an axeman, evincing the grudge he steadfastly bore towards growing timber. Even before attaining his majority George, Jr., had cleared the principle portion of his father’s farm, and after his marriage he removed to Hudson, Ohio, where he purchased for himself a heavily timbered tract of 160 acres, the clearing of which afforded him the greatest comfort. Unfortunately he married very unhappily, and in due time his wife and children virtually drove him from his own home. I chanced to meet him something like two weeks previous to my leaving Ohio for this place, and informed him of the time I intended to stay, and bade him goodbye. But on my passing through Hudson on the cars for Cleveland as the appointed time, Mr. Kilbourn came on board the train and informed me he had decided to accompany me on my trip to Lake Superior, that he could not endure it to remain at home any longer. This was, in brief, his history up to the time of our leaving Ohio in 1854. – The Kilbourns are known as a long lived race, while the “old stocks” were all hard workers. George, Jr., (better known as Uncle George,) was not far from fifty-five years of age when he first came to this country. He died suddenly in July, 1870, while visiting a daughter then living at East Hartford, Michigan, being not far from seventy-one years of age. His father and mother lived together at Hudson, Ohio, quite a number of years after Uncle George left Ohio, and lived to pass something over seventy years together in married life.
~ Edwin Ellis Incidents: Part IV
Had it not been for Uncle George’s proclivity and skill in clearing land, the clearings in and about original Ashland would have been much more limited than they are now. I have often known him to chop all day long, and during bright nights he not unfrequently left his bed and put in from one third to one half of the night felling timber. He often requested me, in case I out-lived him, to bury a good axe and grind stone with him. He had also another peculiarity belonging strictly to himself and that was a ravenous appetite, and usually ate the most and worked the hardest during his sick days. At one time when he was boarding with Conrad Goeltz, he started out just at day break to get to his chopping, and as he passed through the dining room caught sight of extended preparations upon the table which had been specially arranged the evening previous for a party of six persons who had ordered their breakfast at an early hour, but without giving it a thought Uncle George placed himself outside of all there was in sight, and poor Conrad has not to this day forgotten how infernally mad he felt when he found out how he had been victimized. I will add further that Uncle George called this a lunch only, and was on hand for breakfast at the usual hour. We all regarded him as being a hardworking, conscientious and strictly honest man. The settlers, whites, half breeds or Indians all addressed him by the familiar title of Uncle George.
To be continued in Number VIII…
Treaty Allotments at Copper Falls
February 17, 2022
Collected & edited by Amorin Mello

Chippewa Treaty (blue) and Sioux Script (red) treaty land allotments in the Penokee Mountains located along mineral deposits near Mellen, Wisconsin.
[LaPointe County Register of Deeds: Volume 2 Deeds Page 419]

Julius Austrian had better success entering lands with Chippewa Certificates along the iron range for the Leopold & Austrian family’s La Pointe Iron Company than here along the copper range.
Be it known to all men that I Julius Austrian of Lapointe County State of Wisconsin am held and firmly Bound unto Julius [Bernault?], Peter King, Abraham Comartin, John W Bell & Henry Merryweather and to Each of them Separately in the Sum of One thousand Dollars for which payment will and truly to be made I bind my self my heirs executors and administrators firmly by these presents.
The condition of the above obligations are such that whereas the above mentioned Julius [Bernault?], Peter King, Abraham Comartin, John W Bell & Henry Merryweather having Squatted and improved the following mentioned Lands in Lapointe County with the intent of Claiming the Same as a Town Site namely the East half of Section No Seventeen (17) of Township number Forty five (45) of Range no two (2) and have agreed with the said Julius Austrian that he may enter the above described lands by Chippewa Script or otherwise at his option.

The “East half of Section No Seventeen (17) …” is where the Bad River and Tyler Forks River join spectacularly at what is now Brownstone Falls in Copper Falls State Park.
Now if the said Julius Austrian shall with due diligence enter the same as provided and obtain a Patent or Patents as Early as possible from the United States, and within 10 Days from the time he may procure and obtain said Patent or Patents for the above mentioned lands whether in his name or in the names of other parties, make execute & deliver or cause so to be done, to each of the above mentioned parties a Good & Sufficient Deed of warrantee clear of all incumbrances of an undivided Four ninetieths part of the whole mentioned East half of said Section no 17 as above specified. Then this obligation to be null & voice, otherwise to Remain in full force and virtue.
Given under my hand and seal at Lapointe this 30th day of April 1858.
Julius Austrian {Seal}
In presence of
Henry Smitz
M H Mandelbaum
State of Wisconsin } S.S.
County of Lapointe }
Personally came before the undersigned a Notary Public in & For the County of Lapointe the within named Julius Austrian to me well known who acknowledged that he did execute sign & seal the within Bond as his free Act and Deed.
{Seal} M H Mandelbaum
Notary Public
[Ashland County Register of Deeds: Volume 1 Deeds Pages 264-268]
{$180.00 Stamp Int Revenue U.S.}
This Indenture made the twenty fifth day of May in the year one thousand eight hundred and sixty four Between Louis Stein of the City and State of New York individually, Margaret Dupuis by Loius Stein her attorney, Charlotte Mercier by Louis Stein her attorney, Hypolite Auger by Louis Stein her attorney, Julia Renville by Louis Stein her attorney and Louise Moreau by Louis Stein her attorney, parties of the first part, and the Ashland Copper Mining Company, a Corporation created under and by virtue of the laws of the State of Wisconsin, party of the second part.
Whereas the north half of the North East quarter of Section Seventeen (17) in Township number Forty five (45) of Range Two (2) west in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located on the 14th day of October 1863 with Chippewa Half Breed Scrip No 228 by John B Corbin,
and also the South Half of the North East Quarter of of Section Seventeen (17) Township Forty Five (45) Range Two (2) in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to Government Survey was located on the 28th day of September 1863 with Chippewa Scrip Number 209 by John P Hamlin attorney for John Baptiste Denomie,
and also the North East half of South East quarter of Section Seventeen (17) Township Forty five (45) Range two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located October 14th 1863 with Chippewa Half Breed Scrip No 161 issued to John Haskins by John P Hamlin attorney,
and also the North East Quarter of South West quarter of Section Seventeen (27) Township Forty Five (45) Range Two (2) west in the District of lands subject to sale at Bayfield Wisconsin containing Forty acres according to the Government Survey was located October 20th 1863 with Sioux Scrip No 212 B by Louis Stein attorney for Margaret Dupuis,
And also the North West Quarter of South West quarter of Section Seventeen (17) Township number Forty five North of Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing Forty acres according to the Government Survey was located on November 25th 1863 with Sioux Half Breed Scrip No 102 B by Louis Stein attorney for Charlotte Mercier,
And also the South East Quarter of Section Eighteen (18) Township Forty five (45) North of Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing one hundred and sixty acres according to the Government Survey, was located on the 25th day of November 1863 with Sioux Half Breed Scrip No 487 C by Louis Stein attorney for Hypolite Auger,
And also the South half of South West Quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located October 18th 1863 with Sioux Half Breed Scrip No 212 Letter C by Louis Stein attorney for Margaret Dupuis,
And also the North half of the North West quarter of Section Twenty (20) Township Forty five (45) North of Range 2 west in the District of lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located September 10th 1863 with Chippewa Half Breed Scrip No 158 by Julius Austrian attorney,
And also the South Half of South East Quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located on the 14th day of October 1863 with Chippewa Half Breed Scrip No 281 issued to Michael Lambert by John P Hamlin attorney,
And also the North East quarter of Section nineteen (19) Township No Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing one hundred and Sixty acres according to the Government Survey was located on the 19th day of October 1863 with Sioux Half Breed Scrip No 29 by Louis Stein attorney for Julia Renville,
And also the North half of South East quarter and East Half of the South West quarter of Section Number nineteen (19) Township No Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing One hundred and Sixty acres according to the Government Survey was located on the 19th day of October 1963 with Sioux Half Breed Scrip No 17 C by Louis Stein attorney for Louise Moreau.

Chippewa and Sioux treaty land allotments in and contiguous to Copper Falls State Park. There are more Chippewa allotments here than those claimed by Ashland Copper Mining Company. Others went to Robert Morrin, Joseph Roy, Francis S. Gurnoe, John Chapman, Francis Fournier, Rosalie Trocquer, John Baptiste Visneau, Henry Davenport, Edward Ashman, Henry Graham, Mary Graham, Joseph Blanchard, and Reuben Chapman.
And whereas said North Half of North East Quarter of Section Seventeen (17) in Township No Forty five (45) of Range Two west was conveyed by John B Corbin and Wife to John P Hamlin by Deed dated October 17th 1863, and Recorded in the Office of Register of Deeds of Ashland County Wisconsin in Book of Deeds Vol 1 pages 218 & 219 October 18, 1863 and was further conveyed by said John P Hamlin to Louis Stein by Deed dated October 31st 1863, and Recorded in said Registers office in Book of Deeds Vol 1 Page 225 November 9th 1863,

John Baptiste Denomie of Odanah.
~ Noble Lives of a Noble Race, A Series of Reproductions by the Pupils of Saint Mary’s, Odanah, Wisconsin, 1909, page 213-217.
And whereas said South Half of the North east quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) has been conveyed by the said John Baptiste Denomie to Louis Stein by Deed dated May 25th 1864,
and said North East Half of South East Quarter of Section Seventeen (17) Township Forty five (45) Range Two(2) west has been conveyed by said John Haskins to said Louis Stein by Deed dated May 25th 1864,
and said South East Quarter of Section Eighteen (18) Township Forty five (45) North of range two (2) west has been conveyed by Hypolite Auger to said Louis Stein by Deed Dated January 1, 1862 and recorded in said Office of Register of Deeds in Vol 1 of Deeds page 227 January 23 1864,

The Ashland Copper Mine was mapped by Irving in 1873 for the Geology of Wisconsin: Volume III. This was located at what is now the main picnic area on Michael Lambert’s Chippewa Allotment in Copper Falls State Park.
and said South Half of South East quarter of Section Seventeen (17) Township Forty five (45) Range two (2) West has been conveyed by the said Michael Lambert to the said Louis Stein by Deed dated May 25th 1864,
and the said Louis Stein has also acquired the title of the said North Half of the North West quarter of Section twenty (20) Township Forty five (45) North of Range two (2) West from the said Julius Austrian.
And whereas the said parties of the first part to these presents have sold and agreed to convey to the said party of the second part to these presents a tract of land situated in the County of Ashland in the State of Wisconsin which includes the whole or parts of the several tracts pieces and parcels of land herein before described which said tract of land so sold and agreed to be conveyed to the said party of the second part is hereinafter particularly described.
Now Therefore this Indenture Witnesseth that the said parties of the first part for and in consideration of Twenty thousand shares of the Capital Stocks of the said party of the second part of the value of five dollars for each Share, which have been issued or transferred and assigned to them the said parties of the first part or as they have appointed and directed, the receipt of which is hereby acknowledged, have granted, bargained, sold, released, conveyed, and confirmed and by these presents do grant, bargain, sell, release, convey and confirm unto the said party of the second part its successors and assigns forever

Copper Falls by Emily Fritts, August 2016.
~ WikiMedia Commons
All that certain tract and parcel of Land situate, lying and being in the County of Ashland in the State of Wisconsin, known bounded and described as follows to wit;
Beginning at a point in the center of Bad River in Township Number Forty five (45) North Range Number Two (2) West of the Fourth Meridian where said river crosses the northerly boundary of Section number Seventeen (17) in the North East quarter, thence running west eight hundred (800) feet more or less to the North West corner of said North East quarter Section; thence South twenty six hundred and forty (2640) feet to the center of Section number Seventeen (17); thence West Five thousand two hundred and eighty feet (5280) to the center of Section number eighteen (18); thence South Five thousand two hundred and eighty (5280) feet to the center of Section number nineteen (18); thence west thirteen hundred and twenty (1320) feet; thence South twenty six hundred and forty (2640) feet; thence East thirteen hundred and twenty (1320) feet; thence North twenty three hundred and ninety (2390) feet more or less to the center of said Bad River and thence North Easterly along the center of said Bad River as it runs to the place of beginning, containing six hundred and fifty three acres (653) more or less and being portions of Section numbers seventeen (17), eighteen (18), nineteen (19) and twenty (20) in the aforesaid Township.

Brownstone Falls in Copper Falls State Park by Yinan Chen.
~ WikiMedia Commons
To have and to hold the above described and hereby granted premises and every part and parcel thereof together with all and singular the tenements hereditaments and appurtenances thereunto belonging or in anywise appertaining unto the said party of the second part its successors and assigns to its and their own purpose, use, benefit and behoof forever. And the said parties of the first part severally for himself and herself and not the one for the other, and for his and her heirs executors and administrators do hereby covenant promise and agree to and with the said party of the second part, its successors and assigns to make, execute, sign, seal, acknowledge and deliver at the Cost and expense of the said party of the second part its successors and assigns all such other and further Deeds, grants, conveyances and instruments in writing as the said party of the second part its successors and assigns or its or their Counsel learned in the law shall at any times advise, devise or require for the [more?] effectually conveying to and vesting in the said party of the second part its successors and assigns the fee simple of the above described and hereby granted, promised and every part thereof with the appurteances. And the said Margaret DuPuis, Charlotte Mercier, Hypolite Auger, Julia Renville and Louise Moreau severally and not the one for the other and each of them only in respect to so much of the hereby conveyed premises as is located by or for him or her as herein before stated and set forth and is hereby conveyed by him or her or intended so to be for himself and herself, his and her heirs, executors and administrators covenant and agree to and with the said party of the second part its successors and assigns in the manner and form following that is to say That he or she at the time of the ensealing and delivery of these presents is the true, lawful and rightful owner of the said hereby conveyed premises, and has therein a good sure, perfect and indefeasible estate in fee simple; and that he and she has full right, power and authority to grant, bargain, sell, remise, release, convey and confirm the said premises unto the said party of the second part its successors and assigns in manner and form aforesaid and that the said party of the second part its successors and assigns shall quietly enjoy and possess the said premises and that he and she will Warrant and Defend the title to the same against all lawful claims.
In Witness Whereof the said parties of the first part have hereunto set their hands and Seals they day and year first above written
Louis Stein {S.S.}
Margaret Dupuis by Louis Stein atty {S.S.}
Charlotte Mercier by Louis Stein atty {S.S.}
Hypolite Auger by Louis Stein attorney {S.S.}
Julia Renville by Louis Stein Attorney {S.S.}
Louis Moreau by Louis Stein attorney {S.S.}
Sealed and delivered in Presence
A H Wallis
Andrew Clerk
State of New York } S.S.
County of New York }
Be it Remembered that on this seventh day of June in the year eighteen hundred and sixty four before the subscriber a Commissioner in and for the said State, appointed by the Governor of the State of Wisconsin to take acknowledgment and proof of the execution of Deeds, or other conveyances or leases and of any contract, letter of attorney or other writing under seal or not administer oaths and take and certify depositions to be used or recorded in the said State of Wisconsin appeared Louis Stein whom I know to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same in his own behalf as his own act and deed and also acknowledged that he executed the same as the act and deed of Margaret Dupuis, Charlotte Mercier, Hypolite Auger, Julia Renville & Louise Moreau therein descried by virtue of a Power of Attorney severally executed by them authorizing the same, and which Power of Attorney have been duly exhibited to me by the said Louis Stein.
Given under my hand and Official Seal
{Seal} Charles E Jenkins Commissioner for the State of Wisconsin, residing in the city of New York.
Asaph Whittlesey Incidents: Number VI
April 17, 2019
By Amorin Mello

Originally published in the March 23, 1878, issue of The Ashland Press. Transcribed with permission from Ashland Narratives by K. Wallin and published in 2013 by Straddle Creek Co.
… continued from Number V.
Early Recollections of Ashland: Number VI
by Asaph Whittlesey
—
During 1856 the steamers Lady Elgin, Illinois, and Superior landed freight and passengers upon a steamboat dock constructed at Bay City, now Ellis division of Ashland.

1860 photograph of the sidewheel steamer Lady Elgin.
~ Ship-Wrecks.net
Ashland’s first saloon was opened by James Whitney in June 1856, and during the same month the first store was opened by Martin Beaser, on the corner of block one hundred and one.
The patent to Ashland, issued by the United States, bears the date June 23rd, 1862.

Land patent for the town site of Ashland issued by President Abraham Lincoln on June 23rd, 1862 to Schuyler Goff:
“The contract between the three was, that Mr. Whittlesey and Mr. Kilborn were to receive each an eighth interest in the land, while the residue was to go to Mr. Beaser. The patent for the land was issued to Schuyler Goff, as county Judge of La Pointe county, Wisconsin, who was the trustee for the three men, under the law then governing the location of town sites.”
~ Biographic sketch of Martin Beaser
OF THE OPENING OF ROADS IN THE EARLY DAYS OF ASHLAND.
In reporting upon this subject it is very possible that our town authorities of the present day may be put somewhat to the blush by the manner in which these and other like improvements were made. And I will guarantee the re-election of any Town Board, or other town officer who will carry out the program of former days for the opening of roads, which was simply this:
Whenever a road was needed such men as Edwin Elllis, Martin Beaser, George Kilbourn and myself, (I came near overlooking the latter,) and others who mainly volunteered their work, shouldered their axes and served in person until roads contemplated were completed. There was also this peculiarity attached to this class of individuals; they did not hang about the steps of the town house the balance of the year for the purpose of getting bills audited for work done upon the highways. It was in this manner that the road leading to Odanah and also that leading south to White River Falls were first opened. Even Indians partook of the same spirit in volunteering their labor, as Aid-de-camp to their Great Leader, Rev. L. H. Wheeler.
I have no doubt Dr. Ellis still bears in mind how the woods at Bear Trap were made to echo the yells of the Indians as they collided with the party from Ashland on the very day agreed upon, and I think I may safely say that the citizens of Odanah and of Ashland looked upon the opening of this road as a momentous event, and one which cemented us together even more firmly as friends and neighbors, though I have no doubt many of my readers will stand ready to declare that the foot race existed not very far back.

Detail of trail from Ashland to Bad River on Barbers’ survey during the Summer of 1855.
We wore good countenances, slept well nights, and paid one hundred cents on the dollar of our obligations. We were not ashamed to eat salt pork (those of us who could get it,) while our faithful wives vied with each other in the different styles of cooking this staple article of diet.
Next to this comes the everlasting pancake, without which neither town site nor pre-emptions could be legally established.
~ History of the Soo Line by James Lyden, chapter 9.
~ History of Northern Wisconsin by the Western Historical Company, 1881, page 82.
On the second day of June, 1877, I had the honor of driving the last spike, which took place at Chippewa Station, amid the shoutings of a large assemblage of people, including laborers upon the road, and in a few moments thereafter the first train from Milwaukee passed over the road on its way to Ashland, amid great rejoicing and demonstrations of joy over the victory won. At Ashland also the excitement became intense and though it was late on a Saturday evening on which our train reached the town, the illumination of the place brought to our view a field of faces, crazy with excitement over the event they were celebration. As for myself, I confess I felt very much like saying, “Now let thy servant depart in peace.” No longer were we to be informed of what was to be done, but we now knew it to be actually accomplished, and the Wisconsin Central Railroad remained a standing monument to the good name of Gardner Colby, Charles L. Colby and E. B. Phillips, all other efforts being secondary to that of these individuals. I have in my possession a map of this section of country, published by Charles C. Tucker in 1858, on which he laid down an imaginary line of railroad as being likely to be constructed from Madison via Portage and Stevens Point to Ashland, and strange to say it lays down the precise route of the Wisconsin Central Railroad, the very first to be constructed.
Having received by our last mail an important official statement from the Railroad Commissioner for the State of Wisconsin, I will insert the same here rather than to fail to have it published:
He says “the number of miles of railroad now constructed within the State of Wisconsin is two thousand six hundred and fifty-nine and 6-100, while there are seventy-one thousand seven hundred and fifty-nine miles of railroad now operated within the United States, with a capital and debt amounting to four billion six hundred and fifty-eight million two hundred and eight thousand six hundred and thirty dollars.”
STATISTICS IN GENERAL
In furnishing these I desire specially to acknowledge the obligation I am under to Mrs. James Wilson, for granting me access to early records of the place kept by Martin Beaser, Esq., though I find some discrepancies between his record and my own, which I think can be explained by the fact that he did not commence his record until some years after the first settlement of the place, and made it from memory along. For instance he says “the town site of Ashland was located by Martin Beaser, Asaph Whittlesey and George Kilbourn in August, 1854,” whereas Mr. Kilbourn and myself commenced the settlement of the town site July 5th, while Mr. Beaser first visited the place in August when he became an owner therein, the town site being from this time forward owned three fourths by Martin Beaser and one eighth each Kilbourn and Whittlesey.
Again Mr. Beaser’s record states that “the first house was built by Asaph Whittlesey in October, 1854, and was twenty by thirty feet square,” while the fact is I had erected two cabins upon the town site previous to the erection of this one and had lived in them.
Following cabin built by Kilbourn and Whittlesey, foundation laid July 5th, 1854, was twelve by fourteen feet square and was erected on lot number two in block one hundred and five. The foundation to the second cabin built was laid by Kilbourn and Whittlesey Sept. 9th 1854. This cabin was thirteen by fifteen feet square and was erected on lot five of block six. The outline of this building may still be traced. – The third house erected was that erected by Asaph Whittlesey on lot six in block six and was twenty by thirty feet square and this building constituted the residence of the Whittlesey family until the fall of 1857 when I removed to what is known as the Tompkins house on lots five and six in block three. I have in my possession very correct sketches of the first three cabins built, which I hope eventually to have lithographed for preservation. The fourth house was erected by Conrad Goeltz. The fifth house by Martin Beaser. The sixth house by Myron Tompkins. The seventh house by Lawrence Farley. The eighth house by Charles Malmet. The ninth house by Anthony Fisher. The tenth house by Frederick Bauman. Beyond this I am unable to give the order in which buildings were erected.
Conrad and Adam Goeltz first arrived at Ashland in March, 1855, and were employed by me in chopping and delivering cord wood upon the bay shore. As we were without a team we improvised one by harnessing these two Dutchmen and myself in the form of a spike team to a large sized hand-sled with which we banked twenty cords of wood per day.
P.S. – Adam had it twenty-two cords per day, but I think we had better throw off the two cords and try to save our reputation for veracity.
The first chickens brought into town were those brought by A. Whittlesey from Ohio in 1854.
John Beck butchered the first hogs in town, though he left a few which he did not butcher.
Martin Beaser brought the first yoke of oxen, and in 1855 raised about two hundred bushels of potatoes upon the town site. On the third of December, 1855, the schooner Algonquin landed at Ashland two hundred and twenty-five barrels of freight, seventy-five thousand feet of lumber and a yoke of oxen.
Ashland Bay froze over Dec. 7th, 1855. The two first steamboat docks were built during the winter of 1855-6, one by Martin Beaser at the foot of Main Street and one by the Bay City Company. These were carried away by the ice May 1st, 1856.
To be continued in Number VII…
After Missing Treasure
April 10, 2019
By Amorin Mello
The New York Times
June 15, 1897
AFTER MISSING TREASURE
—
James Arthur Looking for $35,000 Buried in Wisconsin at the Outbreak of the War.
—
GOLD HIDDEN IN THE GROUND
—
Net Assets of a Wisconsin Bank Closed When Arthur Enlisted in the Army – Put Away by His Partner, Ell Pingers.
—
SUPERIOR, Wis., June 14. – James Arthur, a veteran of the civil war, now a resident of Buffalo, N. Y., arrived in Superior a few days ago to make inquiries concerning a transaction dating back nearly forty years, and to complete arrangements for starting on a mission in quest of a treasure supposed to be sunk in the bowels of the earth at a point not far from the town of La Pointe, in Ashland County, Wis.

La Pointe Beaver Dollar
Northern Outfit, American Fur Company
~ Wisconsin Academy of Science, Arts, & Letters, Volume 54, page 159.
According to Mr. Arthur’s story, a bag containing $35,000 in gold was buried in the ground by Ell Pingers in 1861, and has never been discovered, though several expeditions have gone in search of it. It is a strange story, but it is not fiction, unless several old timers with records for veracity have combined to deceive the world, and unless State records lie and other documents fail to prove genuine. The money was certainly placed in a hole in the ground by Ell Pingers in the year 1861, and it probably was never taken away, for the man who did the planting was killed during the war, and no other person knew where the hiding place was. A paper has come to light recently which furnishes a clue to the location of the treasure, and Mr. Arthur expects to be richer by $35,000 within a fortnight.

Superior Chronicle – November 4, 1856
“INDIAN PAYMENT. – Mr. Jos. Gurnoe, last week, distributed among the Chippewa Indians of this vicinity their annuities. An unlimited number of silver half dollars are now in circulation, and all are enjoying the benefits of Uncle Sam’s liberality.”
In the year 1856, when wildcat money flooded the State of Wisconsin, and when the country was on the verge of a financial and political crisis, James Arthur and Ell Pingers, two young men who had been supplied by their respective fathers with a good start in life, immigrated from New York to La Pointe and established a bank, which not only issued notes of its own, but made a specialty of discounting the issue of other banks throughout the State. They pulled through the panic of 1857, and the bank was counted among those that redeemed its currency at face value. When war became imminent between the North and South the young men decided to close out their banking business and return to the East to engage in something more lucrative. In 1861, however, before the bank closed, James Arthur made a trip to Milwaukee, and there became fired with a desire to serve his country as a soldier. He sent a letter to Pingers at La Pointe asking him to close out the business as soon as possible and leave for the East with all the funds. He also gave Pinger the number of his regiment and full directions as to where letters should be sent. Then he marched to the front with a Wisconsin regiment.

Facsimile of a $50 coin found at La Pointe.
~ Joel Allen Barber Papers, Summer of 1858
Six months after joining the army Arthur received his first and only communication from Pingers. It was a short note, dated from Milwaukee three months prior, and had been forwarded from post to post until it finally reached him at St. Louis. This note is now in the possession of Mr. Arthur, and was shown by him on his arrival here several days ago. It reads as follows:
“Milwaukee, June 8, ’61 – 4 P.M.
“Friend Jim: Got your letter all right. Have closed up bank and sold everything for cash. I realized in all $37,000, and take $2,000 of that with me, but not caring to take a large sum through such a wild country I buried it in a safe place and will advise later concerning exact spot. I am off for bloody war myself. Yours,
“ELL PINGERS.”

Julius Austrian operated a bank at La Pointe circa 1855.
In 1863 Arthur went on a furlough to visit his mother and sisters in New York City, and while there learned that Pingers had been killed at the battle of Richmond, Ky., on Aug. 30, 1862. The papers and numerous personal effects of the dead soldier had been shipped to his mother from Milwaukee previous to his enlistment in the army, but a thorough search failed to disclose any information concerning the location of the hidden treasure. So the furloughed soldier returned to the scenes of war without hope of ever being able to recover the snug little fortune stored away somewhere in Wisconsin soil.
The war over Mr. Arthur returned to New York, and in 1866 he made a trip to La Pointe in company with two friends for the purpose of hunting up the hidden gold. The mission was a fruitless one, but it had the effect of exciting the La Pointe community, and for years after that the natives dug holes in all directions from the old bank, but as far as known the treasure was never unearthed.
In 1867 Arthur’s mother died, leaving him a small fortune, and the following year he married the sister of the dead soldier, Ell Pingers. Through this marriage all the personal effects of Pingers came into Arthur’s possession, and he made many searches through the papers for a clue to the whereabouts of the missing $35,000, but without result. Ten years after his marriage he made another trip to the scene of his old banking operations, and five years after that he sent a trustworthy employee to look for the hidden gold, but no gold was to be found, and finally all hope of ever recovering the treasure was abandoned.

Hermit Island is believed by some to contain several other long-lost treasures:
– 1861 Wilson the Hermit
– 1760’s British Military Payroll
– Stereotypical Pirate Stories
Did Pingers bury their treasure here as well?
About three weeks ago, while turning the pages of an old book which had once been the property of Ell Pingers, a small piece of note paper was found by Mrs. Arthur which contained a memorandum written by the dead soldier and which gave the missing information for which search had been made for years. This note, Mr. Arthur claims, will no doubt lead to the discovery of the treasure in time, but the references it makes to roads, trees, and other landmarks have long since been removed by the hand of progress or obliterated by time, and the undertaking will therefore be attended by more or less of the difficulties before experienced. The old gentleman is confident that, with the information obtained from old acquaintances here and the assistance expected from old residenters at La Pointe, he will be able to unearth the long-buried treasure. He declares his intention of donating one-half of the $35,000 to the veteran soldiers of the Union Army and turning the remainder over to his wife to do as she pleases with.
Wheeler Papers: Bad River’s Missing Creek
October 3, 2018
By Amorin Mello
This is one of several posts on Chequamegon History featuring the original U.S. General Land Office surveys of the La Pointe (Bad River) Indian Reservation. An earlier post, An Old Indian Settler, features a contentious memoir from Joseph Stoddard contemplating his experiences as a young man working on the U.S. General Land Office’s crew surveying the original boundaries of the Reservation. In his memoir from 1937, Stoddard asserted the following testimony:

Bad River Headman
Joseph Stoddard
“As a Christian, I dislike to say that the field representatives of the United States were grafters and crooks, but the stories related about unfulfilled treaties, stipulations entirely ignored, and many other things that the Indians have just cause to complain about, seem to bear out my impressions in this respect.”
In the winter of 1854 a general survey was made of the Bad River Indian Reservation.
[…]
It did not take very long to run the original boundary line of the reservation. There was a crew of surveyors working on the west side, within the limits of the present city of Ashland, and we were on the east side. The point of beginning was at a creek called by the Indians Ke-che-se-be-we-she (large creek), which is located east of Grave Yard Creek. The figure of a human being was carved on a large cedar tree, which was allowed to stand as one of the corner posts of the original boundary lines of the Bad River Reservation.
After the boundary line was established, the head surveyor hastened to Washington, stating that they needed the minutes describing the boundary for insertion in the treaty of 1854.
We kept on working. We next took up the township lines, then the section lines, and lastly the quarter lines. It took several years to complete the survey. As I grew older in age and experience, I learned to read a little, and when I ready the printed treaty, I learned to my surprise and chagrin that the description given in that treaty was different from the minutes submitted as the original survey. The Indians today contend that the treaty description of the boundary is not in accord with the description of the boundary lines established by our crew, and this has always been a bone of contention between the Bad River Band and the government of the United States.
The mouth of Ke-che-se-be-we-she Creek a.k.a. the townsite location of Ironton is featured in our Barber Papers and Penokee Survey Incidents. Today this location is known as the mouth of Oronto Creek at Saxon Harbor in Iron County, Wisconsin. The townsite of Ironton was formed at Ke-che-se-be-we-she Creek by a group of land speculators in the years immediately following the 1854 Treaty of La Pointe. Some of these speculators include the Barber Brothers, who were U.S. Deputy Surveyors surveying the Reservation on behalf of the U.S. General Land Office. It appears that this was a conflict of interest and violation of federal trust responsibility to the La Pointe Band of Lake Superior Chippewa.
This post attempts to correlate historical evidence to Stoddard’s memoir about the mouth of Ke-che-se-be-we-she Creek being a boundary corner of the Bad River Indian Reservation. The following is a reproduction of a petition draft from Reverend Leondard Wheeler’s papers, who often kept copies of important documents that he was involved with. Wheeler is a reliable source of evidence as he established a mission at Odanah in the 1840s and was intimately familiar with the Treaty and how the Reservation was to be surveyed accordingly.
Wheeler drafted this petition six years after the Treaty occurred; this petition was drafted more than seventy-five years earlier than when Stoddard’s memoir of the same important matter was recorded. The length of time between Wheeler’s petition draft and Stoddard’s memoir demonstrates how long this was (and continued to be) a matter of great contemplation and consternation for the Tribe. Without further ado, we present Wheeler’s draft petition below:
A petition draft selected from the
Wheeler Family Papers:
Folder 16 of Box 3; Treaty of 1854, 1854-1861.
To Hon. C W Thompson
Genl Supt of Indian affair, St Paul, Min-
and Hon L E Webb,
Indian Agent for the Chippewas of Lake Superior

March 30th, 1855 map from the U.S. General Land Office of lands to be withheld from sale for the La Pointe (Bad River) Reservation from the National Archives Microfilm Publications; Microcopy No. 27; Roll 16; Volume 16. The northeast corner of the Reservation along Lake Superior is accurately located at the mouth of Ke-che-se-be-we-she Creek (not labeled) on this map.
The undersigned persons connected with the Odanah Mission, upon the Bad River Reservation, and also a portion of those Chiefs who were present and signed the Treaty of Sept 30th, AD 1854, would most respectfully call your attention to a few Statements affecting the interests of the Indians within the limits of the Lake Superior Agency, with a view to soliciting from you such action as will speedily see one to the several Indian Bands named, all of the benefits guaranteed to them by treaty stipulation.
Under the Treaty concluded at La Pointe Sept 30th, 1854 the United States set apart a tract of Land as a Reservation “for the La Pointe Band and such other Indians as may see fit to settle with them” bounded as follows.
a.k.a.
Ke-che-se-be-we-she
“Ke-che” (Gichi) refers to big, or large.
“se-be” (ziibi) refers to a river.
“we-she” (wishe) refers to rivulets.
Source: Gidakiiminaan Atlas by the Great Lakes Indian Fish & Wildlife Commission
“Beginning on the South shore of Lake Superior a few miles west of Montreal River at the mouth of a creek called by the Indians Ke-she-se-be-we-she, running thence South &c.”

Detail of the Bad River Reservation from GLIFWC’s Gidakiiminaan Atlas. This map clearly shows that the northeast boundary of Bad River Reservation is not located at the true location of Ke-che-se-be-we-she Creek in accordance with the 1854 Treaty. Red highlights added for emphasis of discrepancies.
Your petioners would represent that at the time of the wording of this particular portion of the Treaty, the commissioner on the part of the United States inquired the number of miles between the mouth of the Montreal River and the mouth of the creek referred to, in reply to which, the Indians said “they had no knowledge of distance by miles” and therefore the commissioner assumed the language of “a few miles west of Montreal River” as discriptive of the creek in mind. This however, upon actual examination of the ground, does to the Band the greatest injustice, as the mouth of the creek to which the Indians referred at the time is even less than one mile west of the mouth of the Montreal.*
*This creek at the time was refered to as having “Deep water inside the Bar” sufficient for Boats which is definitive of the creek still claimed as the starting point, and is not descriptive of the most westerly creek.
But White men, whose interests are adverse to those of the Indians now demand that the Reservation boundary commence at an insignificant and at times scarcely visible creek some considerable distance west of the one referred to in the Treaty, which would lessen the aggregate of the Reservation from 3 to 4000 acres.
Your petioners, have for years, desired and solicited a settlement of the matter, both for the good of the Indians and of the Whites, but from lack of interest the administrations in power have paid no attention to our appeals, as is also true of other matters to which we now call your attention.

1861 resurvey of Township 47 North of Range 1 West by Elisha S. Norris for the General Land Office relocating Bad River Reservation’s northeast boundary. Ke-che-se-be-we-she Creek was relocated to what is now Graveyard Creek instead of its true location at the Barber Brother’s Ironton townsite location. Red highlights added for emphasis of discrepancies.
As many heads of families now wish to select (within the portion of Town 47 North of Range 1 West belonging to the Reservation the 80 acre tract assigned to them) we desire that the Eastern Boundary of the Reservation be immediately established so that the subdivisions may be made and and land selected.
Your petioners would further [represent?] that under the 3d Section of the 2nd article of the Treaty referred to the Lac De Flabeau, and Lac Court Orelles Bands are entitled to Reservations each equal to 3 Townships, (See article 3d of Treaty. These Reservations have never been run out, none have any subdivisions been made.) which also were to be subdivided into 80 acre Tracts.
Article 4th promises to furnish each of the Reservations with a Blacksmith and assistant with the usual amount of Stock, where as the Lac De Flambeau Band have never yet had a Blacksmith, though they have repeatedly asked for one.

Wisconsin State Representative
and co-founder of Ashland
Asaph Whittlesey
As the matters have referred to one of vital importance to these several Bands of Indians, we earnestly hope that you will give your influence towards securing to them, all of the benefits named in the Treaty and as the subject named will demand labor entirely outside of the ordinary duties of an Indian Agent, and as it will be important for some one to visit the Reservations Inland, so as to be able to report intelligently upon the actual State of Things, we respectfully suggest that Mr Asaph Whittlesey be specially commissioned (provided you approve of the plan and you regard him as a suitable person to act) to attend to the taking of the necessary depositions and to present these claims, with the necessary maps and Statistics, before the Commissioner of Indian Affairs at Washington, the expense of which must of necessity, be met by the Indian Department.
Mr Whittlesey was present at the making of the Treaty to which we refer, and is well acquainted with the wants of the Indians and with what they of right can claim, and in him we have full confidence.
In addition to the points herein named should you favor this commission, we would ask him to attend to other matters affecting the Indians, upon which we will be glad to confer with you at a proper time.
The undersigned L H Wheeler and Henry Blatchford have no hesitency in saying that the representations here made are full in accordance with their understanding of the Treaty, at the time it was drawn up, they being then present and the latter being one of the Interpreters at the time employed by the General Government.
Most Respectfully Yours
Dated Odanah Wis July 1861
Names of those connected with the Odanah Mission
[None identified on this draft petition]
Names of Chiefs who were signers to the Treaty of Sept 30th 1854
[None identified on this draft petition]
Although this draft was not signed by Wheeler or Blatchford, or by the tribal leadership that they appear to be assisting, Chequamegon History believes it is possible that a signed original copy of this petition may still be found somewhere in national archives if it still exists.
Julius Austrian Papers: James Hughes Affair
May 15, 2017
By Amorin Mello
Madeline Island Museum
Julius Austrian Papers
Folder 6: James Hughes Affair (1853-1866)
J. Austrian
Power of Attorney to
J. Hughes
“State of Wisconsin”
“La Pointe County”
“Office of Register of Deeds”
Received for Record on this 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 20 and 21 in Book A of Records of Deeds.
Robt. D. Boyd
Register of Deeds
– – – – – – – – – –

James Bibb Hughes of St. Paul, MN, and Hudson, WI.
Newsman; Politician; Abolitionist.
~ Wikipedia.org
Know all men
by these presents that I Julius Austrian of La Pointe, Lapointe County and state of Wisconsin, have made, constituted, and appointed and do by these presents, make, constitute and appoint James Hughes now of La Pointe my lawful Attorney for me and in my name, place and stead to, to sell, alien, and convey, any and all rights, title claim and interest that I have or may have unto any lands or lands purchased by me as the public land sales at Willow River or the second day of May A. D. 1853 for which I hold a Duplicate No 242 signed by Moses S. Gibson received Dated May 2, 1853.
Giving and granting unto my said Attorney full power and Authority to do and perform all and every act or thing whatsoever, requisite and necessary to be done and performed in and about the Premises, as fully & completely, to all intents and purposes as I myself might or could do if I were personally present with full authority to make deeds or deeds for lands sold & to receive money & receipt for same here by ratifying and confirming all the acts or acts of my said Attorney (as fully as I myself could do & [cause?] to be [owner?]) by virtue thereof.
In testimony whereof I have hereunto set my hands & seal this 30th day of May AD 1853
Julius Austrian
Signed Sealed & delivered
in Presence of
Henry Smitz
S Goff
State of Wisconsin
County of La Pointe
S. Goff came personally before me and being duly sworn according to laws, Says, That, he signed the annexed foregoing power of Attorney from Julius Austrian to James Hughes bearing date on the 30 day of May AD 1853, as one of the subscribing witnesses thereto, and that his Deponents signature thereon and thereto, is genuine, that Deponents was then and still is acquainted with and personally knew the said Julius Austrian who signed the said Power of Attorney, and that he signed the same in the presence of this Deponent at the time the same bears date. To wit: on the 30th day of May AD 1853, and the said Julius Austrian’s signature thereto and thereon is genuine.
S. Goff
Subscribed and Sworn
to before me the 10th day
of december AD 1853
John W. Bell
Justice of the peace
This Agreement
made and entered into between Charles H Oakes, Michael E Ames and Isaac Van Etten of St Paul, Minnesota Territory of the first part and James Hughes of Hudson Wisconsin, of the second part witnesseth:
That the said parties of the first part do hereby agree to pay or cause to be paid, the sum of Three Hundred and fifty Dollars, to be paid unto the said James Hughes, party of the second part, as soon as two certain Warranty Deeds made and executed by Julius Austrian through and by the said James Hughes, his Attorney in fact, to the parties of the first part of even date herewith, shall by duly Recorded in the office of the Register of La Pointe county, Wisconsin, upon the express condition however, that no deed or other instrument of conveyance of the lands described in the said Deed, or any part of them, has been executed or Recorded in said County or State from Julius Austrian, or from his Attorney in fact previous to the Record of the above deeds, to the parties of the first part.
And upon the further condition that the entry or purchase from the United States Government, of the said Austrian of said lands mentioned and described in said Deeds to the parties of the first part, shall be held good and valid by the Government and not vacated or cancelled, and that a patent issue from the United States Government therefore and perfecting the title thereof in the parties of the first part.
And the parties of the first part further agree to pay unto the said James Hughes the further sum of Six Hundred Dollars after and out of the proceeds of the sale of a portion of the property ( Real Estate described in the said two Deeds of Julius Austrian, executed and delivered to the parties of the first, by said James Hughes, as Attorney in fact, for said Austrian above named, after the same shall have been sold and proceeds therefrom realized and not before.

Charles Henry Oakes
La Pointe fur trader; Chippewa treaties signatory; father of a mixed-bloods family; St. Paul banker and Free Mason.
~ Findagrave.com
It is further understood and agreed by and between the parties of the first part, and the party of the second part hereto that the payments of the above sums or either of them, is dependent and upon the express condition, that the said Warranty Deed, bearing even date herewith, to the parties of the first part above herewith, to the parties of the first part above described, does and shall convey and vest a good perfect and legal title of the lands describe therein, in and to the parties of the first part, their heirs and assigns in fee simple, free of all adverse title or titles, and free from all incumbrance (Excepting a certain Mortgage upon a part of the premises to secure the payments of about fifteen Hundred Dollars, from the said Austrian to Charles H Oakes of the parties of the first part).
Otherwise it is understood and agreed that the party of the second part, has not and shall not have any claim whatever when the parties of the first part for the payment of the above mentioned sums, or any part thereof.
In witness whereof, we have hereto set our hands the 1st day of December AD 1853
in duplicate form
Signed Chas H Oakes
[Other signatories cut off in scan]
In presence of
I V D Heard
Julius Austrian
To.
Charles H Oakes
Michael E Ames
Isaac Van Etten
Warranty Deed
“State of Wisconsin”
“County of La Pointe”
“Office of Register of Deeds”
Received for Record on the 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 22, 23, and 24 in Book A of Records of Deeds.
Robt. D. Boyd
Register of Deeds
– – – – – – – – – –
THIS INDENTURE,
made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.
BETWEEN
Julius Austrian (by James Hughes his attorney in fact)
of the county of La Pointe and State of Wisconsin of the first part, and
Charles H Oakes Michael E Ames and Isaac Van Etten
of the second part,
WITNESSETH, that the said party of the first part, for and is in consideration of the sum of
One Thousand ($1000)
Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:

The lots of this deed are outlined in red, describing La Pointe (New Port and Middleport) for a total of 306.28 acres. This is roughly 80 acres short of “Containing 382 23/100 Acres of land”.
~ General Land Office
Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range NO. three (3) west, and Lots Numbered One (1) two (2) three (3) and four (4) in Section Number thirty one (31) in said Township No fifty (50), Range No three (3) aforesaid, according to the Survey of the United States government and Platts thereof, [ben?] and hereby intending, to convey the same, and all of the pieces, [pared?] or lots of land heretofore entered, bids of or purchases by the said party of the first part from the United States Government, on or about the second day of May AD 1853, or at any other time. Containing 382 23/100 Acres of land.
TO HAVE AND TO HOLD THE SAME,
together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said party of the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever. And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.
IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.
Julius Austrian
By James Hughes
his Attorney in fact
Sealed and Delivered in Presence of
The words “and State of Wisconsin” first [intertriced?] before signing.
I V D Heard
Truman M Smith

Truman Mott Smith was also a banker.
~ Minnesota Historical Society via Minnesota Public Radio
Territory of Minnesota,
COUNTY OF Ramsey
BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes (the attorney in fact of the said Julius Austrian) the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and Isaac Van Etten grantors, and to me personally known to be the identical person described in, and who by James Hughes his said attorney in fact executed the said deed, and the said James Hughes his attorney in fact acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid,
Truman M Smith
Justice of the Peace
– – – – – – – – – –
Territory of Minnesota
County of Ramsey
I do hereby certify that Truman M Smith, Esq before whom this within acknowledged [guest?] was taken was at the time the same bears date, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take Acknowledgement of Deeds,
that I am well acquainted with his hand writing & believe the within signature purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of said Territory.
In testimony whereof I have hereunto set my hand & affirm the seal of the District Court of said County, at St. Paul, this 3rd day of December A. D. 1853. [A. J. Mutney?] Clerk.
by Sherwood Hough
Dept. Clerk of said Court
Julius Austrian
To
Charles H. Oakes
M E Ames
Isaac Van Etten
Warranty Deed
“State of Wisconsin”
“Lapointe County”
“Office of Register of Deeds”
Received for Record on this 10th day of December, 1853 at 7 O Clock P.M. and Recorded on pages 24, 25, and 26 in Book A of Records of Deeds.
Robt. D. Boyd
Register of Deeds
– – – – – – – – – –
THIS INDENTURE,
made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.
BETWEEN
Julius Austrian (by James Hughes his attorney in fact)
of the county of Lapointe and State of Wisconsin of the first part, and
Charles H Oakes Michael E Ames and I Van Etten
of the second part,
WITNESSETH, that the said party of the first part, for and is in consideration of the sum of
One hundred and fifty ($150~)
Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:

Roughly 80 acres are highlighted in blue, labeled as “Austrian’s Sawmill“ on the 1852 PLSS survey map. This is located along what is now Pike’s Creek south of the Bayfield Road on the mainland.
~ General Land Office
The South West quarter of the North West quarter of Section No twenty one (21) and the North west quarter of the south west quarter of said section No. twenty one (21) in Township No fifty (50) North, of Range No. four (4) containing Eighty Acres more or less.
~ The Sawmill Community At Roy’s Point by Mary E. Carlson, 2009, page 14.
TO HAVE AND TO HOLD THE SAME,
together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said party of the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever. And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.
IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.
Julius Austrian
By James Hughes
his Attorney in fact
Sealed and Delivered in Presence of
The words “and State of Wisconsin” first [introduced?] before signing.
I V D Heard
Truman M Smith
Territory of Minnesota,
COUNTY OF Ramsey
BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes the attorney in fact of the said Julius Austrian the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and I Van Etten grantors, and to me personally known to be the identical person described in, and who by James Huges his said attorney in fact executed the said deed, and by James Hughes his attorney in fact and who acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid,
Truman M Smith
Justice of the Peace
– – – – – – – – – –
Territory of Minnesota
County of Ramsey
I do hereby certify that Truman M. Smith Esq. before whom the within Acknowledgment was taken, was at the date thereof, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take the Acknowledgement of Deeds, that I am well acquainted with his hand writing and believe the signature to the within certificate purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of this Territory.
In Testimony whereof I have hereunto set my hand & affix the Seal of the District Court of said County at St. Paul this 2nd day of December A.D. 1853. Clerk.
by Sherwood Hough
Dept. [Crt?] Clerk
of the Dist Court
of said County
Hudson, Wisconsin
Dec. 4th 1853
Julius Austrian Esq.
Dear Sir,
~ Fifty Years in the Northwest, by W. H. C. Folsom, 1888, page 169.
I have first learnt, by report, that Col. Hughes by virtue of a power of att’y given him by you, has sold to Borup and Oaks the whole La Pointe property, for the sum of four thousand dollars. You had better at once draw, execute and have placed on record a written revocation of the Power of Attorney. The revocation should be acknowledged before a justice of the peace as same as a deed.
If this report be true you had better come down at once.
Yours truly
W. H. Semmes
Notice to the Public
Whereas James Hughes of Hudson in the County of St Croix and State of Wisconsin, on the first day of December AD 1853, did execute to Charles H Oakes, Michael E Ames and Isaac Van Etten, under a pretended power of attorney from Julius Austrian and without any authority from him, or either of the under signed, two several deeds, one of which deeds had described therein, the following described lands, lying in the County of La Pointe and State of Wisconsin, to wit:
the south west quarter of the north west quarter of Section No twenty one (21), and the north west quarter of the south west quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) containing eighty acres more or less,
and the other of said deeds had described therein the following described lands to wit:
Lots numbered Three (3) four (4) and five (5) in Section No Thirty (30) in Township No fifty (50) north of Range No Three (3) west and Lots numbered one (1) two (2) three (3) and four (4) in Section No Thirty one (31) in said Township No fifty (50) Range No Three (3) aforesaid.
And whereas the said lands were entered and purchased by Julius Austrian from the Government of the United States on the 2nd day of May 1853. And whereas the said Julius Austrian, did, on the 23rd day of May AD 1853, execute and deliver to one Henry Smitz of La Pointe County, a deed of conveyance in fee simple of the undivided one sixth part of the following described lands, to wit:
Lots Nos three (3) four (4) and five (5) in Section No thirty (30), and Lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) in the said County of La Pointe.
And whereas neither the said Julius Austrian, nor the said Henry Smitz, has conveyed any part or portion of the rel estate above described & any person. And whereas further the said James Hughes had no legal or equitable power or authority from the said Julius Austrian and Henry Smitz or either of them, to sell or convey the said above described lands, on the said first day of December AD 1853 or at any time previous or subsequent of that day.
Now therefore notice in hereby given to all persons, that the said Julius Austrian and Henry Smitz, nor either of them do not, and never have recognized the authority of the said James Hughes to make the deeds aforesaid of the said laws, and do not recognize the acts of the said James Hughes in the premises. And that the said Julius Austrian and Henry Smitz, do now claim and have ever since the said 23rd day of May 1853, claimed the legal title to and ownership of, and the sole right to sell and convey the following described lands; to wit;
Lots Nos three (3), four (4) and five (5) in Section No Thirty (30) and lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) West.
And that the said Julius Austrian does now claim and has ever since the 2nd day of May 1853, claimed the legal title to and the ownership of and the sole right to sell and convey the following described lands, to wit;
the South West quarter of the North West quarter of Section No Twenty one (21) and the North West quarter of the South West quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) West, containing eighty acres more or less.
And all persons are therefore hereby warned, notified and forbidden from purchasing of, or receiving any manner of conveyance or conveyances from the said Charles H Oakes, Michael E Ames and Isaac Van Etten, or either of them, of any part or portion of the above described lands.
Hudson, St Croix County, Wisconsin
December 23 1853
Julius Austrian
Henry Smitz
To Messrs Charles H. Oakes, Michael E. Ames and Isaac Van Etten and to each and everyone of you
You are hereby notified that the conveyances made to you by James Hughes on the first day of December A.D. 1853 under a pretended power of attorney from Julius Austrian, of the following described lands to wit:
the South West quarter of the North West quarter of Section No. twenty one (21), and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. four (4) containing eighty acres more or less; and also Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range No. three (3) West, and Lots numbered one (1) two (2) three (3) and four (4) in Section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid in the County of La Pointe and state of Wisconsin,
were made in fraud of the rights of the said undersigned, the said Julius Austrian and Henry Smitz to the said lands and without any authority from the said Julius Austrian and Henry Smitz or either of them, either by power of attorney or otherwise, to the said James Hughes.
And you are therefore hereby notified that we the said Julius Austrian and Henry Smitz claim the legal title to and the ownership of the following described lands to wit:
lots numbered three (3) four (4) and five (5) in Section No. thirty (30) in Township No. fifty (50) North of Range No. three (3) west and Lots numbered one (1) two (2) three (3) and four in section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid being in the County of La Pointe and state of Wisconsin.
And you are further notified hereby that the said Julius Austrian claims the legal title to and ownership of the following described lands to wit:
the South West quarter of the North West quarter of Section No. twenty one (21) and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. for (4) containing eighty acres more or less.
And that we the said Julius Austrian and Henry Smitz do not and neither of us does, recognize the acts of the said James Hughes concerning the said above described lands and hereby forbid you and each of you from executing any conveyance or in any manner encumbering the title to the lands above described or any part thereof.
Dated at Hudson December 23d 1853
Julius Austrian
Henry Smitz
Mr. [McCloud?]
You will please deliver to Julius Austrian the enclosed papers upon my sending you a quit claim deed signed by Chas. H. Oakes & wife, Michael E. Ames & wife & I. Van Etten & wife for the lands embraced in two certain Deeds executed by said Austrian by James Hughes his atty-in- fact to said Oakes, Ames & Van Etten which deeds will accompany said Quit Claim Deeds. The [?????ed ??? you?].
I Van Etten
[????] discharge of [??????]
I Van Etten
– – – – – – – – – –
Quit Claim Deed
Chas. H. Oakes
and others
to
Julius Austrian
Office of Register of Deeds
La Pointe County Wis
I hereby Certify that the within Deed was filed in this Office for Record October 10th 1859 a [M?] and was duly Recorded in Book A of Deed Vol 3 on pages 333 & 334.
John W Bell
Register of Deeds
Fee 10$
– – – – – – – – – –
Know all men by these present.
That we Charles H Oakes and Julia B., his wife, Issac Van Etten & Jan I., his wife & Michael E. Ames & Josephine, his wife, of the County of Ramsey in the State of Minnesota. & the first part in consideration of the sum of three Hundred Dollars were?] in [hand?] [paid?] by Julius Austrian of La Pointe County in the State of Wisconsin, the receipt whereof is hereby a acknowledged, have bargained, sold, and quit claimed, deed of these presents do bargain, sell and quit claim unto the said Julius Austrian, his heirs and assigns forever, all [our?] rights, title, intersets, claim and severance in and [wled?] following described pieces or parcels of land situate and being in the County of La Pointe and State of Wisconsin [as is?] described as follows, to wit:
Lots Number three four & five (3, 4 & 5) in Section Number thirty (30) in Township No fifty (50) North of Range No Three (3) West, and lots one (1) two (2) three (3) and four (4) in Section number thirty-one (31) in said Township No fifty (50) Range No Three (3), and the South West quarter of the North West quarter of Section Number twenty one (21), and the North West quarter of the South West quarter of said Section number twenty one (21) in Township Number fifty (50) North of Range No four (4), being the same lands conveyed by said Julius Austrian by James Hughes his Attorney in fact to said Oakse & Van Etten & Michael E. Ames, by Deeds dated Dec [1?] 1853.
To Have and to Hold the above Quit claimed Premises with all the privileges and appurtenances thereto belonging to the said Julius Austrian, his heirs and assigns forever, so [cleat?] neither [we do?] said parties of [wofeist?] part, [??] in heirs or assigns shall have any claims, rights, or title in [?] to the aforesaid premises.
In Witness [????] We have hereunto set our [hand?] and seal, the thirtieth day of September, AD; 1859.
Isaac Van Etten
Jane I. Van Etten
M. E. Ames
Josephine Ames
Chas. H. Oakes
Julia B. Oakes
Signed, Sealed & Delivered
in presence of
[Harvey Affrcer?]
Thomas Van Etten
– – – – – – – – – –
State of Minnesota
County of Ramsey
Be it Remembered that in this 18th day of September AD. 1859, at St Paul in said County & State formerly same before nee, [Iwrue denjued?]. Charles H Oakes and Julia B. his wife, Isaac Van Etten and Jane I. his wife and Michael E Ames and Josephine his wife [fernaly? Rumb? me? who? elusegues?] & [seates?] of [deepering?] deed and acknowledge that they embrace the same for [lew? o? wiwre?] therein expressed, and the said Julia B. Jane I. and Josephine afersaid being by nee examined separate and apart from their said husbands acknowledge that they executed said deed freely.
United States of America
State of Minnesota,
Secretary’s Office.

Francis Baasen
“He was born in Luxembourg, Germany and came to America when he was 19 years of age. […] He was Minnesota’s first Secretary of State, assuming office on May 4, 1858.”
~ Findagrave.com
In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State, at the Capitol, in Saint Paul, this Fifteenth day of September A. D. 1859
Francis Baasen
Secretary of State,
Rec’d August 11, 1866,
of Julius Austrian $766.50 (by draft for 450$ & 210 94/100 acres of land valued at $1.50 per acre) in full satisfaction of a certain deed presents rendered & [d???etece] in the District Court of the United States for the District of Wisconsin in July 3, 1861 for $1127.94 damages & $74.70 cents in my favor & against said Austrian.
C. H. Oakes
by I. Van Etten
his Atty.
Bayfield Aug 11, 1866
Mr Julius Austrian
Dr Sir
In consideration of my settlements this day made I agree to obtain & file a [satisfactuis?] of the Judgement I obtained against you July 3, 1861, in the District Court of the United States for the District of Wisconsin, as soon as I leave [reach?] Madison.
[Y?? ? ?]