Collected & edited by Amorin Mello

Originally published in the April 6, 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 VII.

Early Recollections of Ashland: Number VIII

by Asaph Whittlesey

We now offer a few comments upon our experience in common, and our appreciation of Doctor Edwin Ellis.  I observe first that the inherent modesty of the man left him with next to no thought of himself in his “Early Recollections of Ashland,” and therefore the weightier of the task falling upon me.  Had the question been raised “who is Dr. Ellis?” a proper reply would have been “Dr. Ellis is Dr. Ellis.”

In all my acquaintance I find no person more clearly identified than is this man.  His manner of shaking hands, the music of his voice, and his unconscious habit of setting his hair on end, belong to no one but the man Edwin Ellis.  For near a quarter of a century have I known him in the relationship of neighbor, physician, oarsman, farmer, speculator, preacher, merchant and as one skilled in back gammon, and can testify that he is a man who does with his might whatsoever his hands find to do.  Those of us who were known as pre-emptors or town site claimants had occasion to regard the arrival of Dr. Ellis with no little suspicion, as certainly an emergency only would have induced him to make the trip from La Pointe during the most inclement season of the year.  I remember well my anxiety to know whether or not he was a married man, and so direct were my inquiries as to this, that seemingly there was no way left but for him to satisfy our curiosity by simply saying yes or no.  However we soon discovered that we were only wasting words in pressing the subject, and abandoned all further inquiry regarding it.  Is it not strange that so good a man and one possessing so admirable a wife should be found so unwilling to satisfy our inquisitive minds in regard to this matter?

There was still another peculiarity noticeable in the Doctor, and that was his proclivity for secret organizations.  He was chosen Chairman of a secret organization having for its object protection to pre-emptors from having their claims jumped, though one writer informs us that in the eye of the law they were all trespassers, – but by this means those holding claims felt a security in being absent from them the greater portion of their time.  Perhaps the existence of this organization may explain why there has been so many little acres of early clearings discovered by brother Pratt, in the vicinity of Ashland.

Again, Dr. Ellis is one who thinks for himself, but is ever free to weigh the arguments of others, that he may be convinced of the right, and having formed his conclusion is outspoken, so that no one can mistake his position.  Being of a hopeful and cheerful turn of mind, his company is courted.  All in all whether as to his fitness for the life of a pioneer or as a neighbor and Christian friend I never knew a better.

I have been with him also in times of very great peril, when seemingly we were destined to a watery grave.  But through presence of mind and well directed effort we succeeded in reaching the shore amid a feeling of profound gratitude toward our Great Protector above, for sparing our lives.  As it is my intention hereafter to refer briefly to the history of a few of the ladies who first settled in and about Ashland.  I will omit any special reference to Mrs. Ellis at this time.

HON. SAMUEL S. VAUGHN

First arrived at La Pointe in 1852.  At the time of my arrival there in 1854, I found him running a one horse store in an old frame building, standing in the sand near the present residence of George A. Stahl.  So far as I am enabled to bring to mind the succession of events, my first sight of this man was at his own store where I invested in a very poor pocket compass, and this I soon after deposited on the copper range while upon an exploring trip with Ervin Leihy, Esq.  Mr. Vaughn, however, claims that he first caught sight of me on the occasion of my aiding Rev. L. H. Wheeler in a social talk with the La Pointe people upon the subject of temperance one Sunday afternoon, in the store of Julias Austrian, Esq.

The leading man then engaged in the grocery business, as it was called, was one Peter B. Vanderventer, who subsequently left the country at a midnight hour rather than remain and meet a worse doom.  Vanderventer was a large sized man and more a hellish countenance, and in exhibition of his bravery at the temperance meeting to which I have referred, he planted himself directly in front of me, and not more than three feet distant, so that I presume he did not mistake my language.

I cannot let slip the opportunity now furnished for informing the public of what seemed to me a rather severe practical joke inflicted upon Vaughn and Vanderventer, as it is too good to be lost, we will mention it right here.  It seems that at the time Mr. Austrian made so extended entries of land upon the island, Messrs. Vaughn and Vanderventer discovered that Austrian had failed to enter a fraction shown upon the official plot, as reaching quite a distance into the bay, from what was known as Boyd’s Point and containing some forty acres or more.  As La Pointe seemed likely to hold prominence as a business place, they saw the necessity of forthwith securing the tract of land in question.  The two therefore suddenly disappeared amid the coldest days of a Lake Superior winter, and footed it under very adverse circumstances through to Willow River, something like one hundred and seventy-five miles, and returned, but yet were quite satisfied to know that they had secured to themselves what they had started for.  From this time forward for several years these gentlemen paid their taxes promptly, until they finally employed a surveyor to re-survey and plot their promising possessions.  Right here is where they discovered the point of the joke, by being informed that there was not a single foot of their land left, but all and much more had been washed away.  Perhaps it was cruel in me to do so, but I could not resist making frequent inquiries as to their real estate.

Section 6 from 1852 GLO PLSS survey of T49N-R3W-4PM showing Boyds Point (now Grants Point) on Madeline Island.

Modern aerial imagery overlay showing Vanderventer & Vaughn’s Lot 3 lost to the sands of time (along with parts of Boyd & Rowley’s Lots 1 & 2).

In 1855 Vaughn removed his stock of goods to a building near where Thomas Stahl, Esq., now resides, where I often shared his bed and board, and it remains a pleasure to me to this day to testify to his qualities as a No. one cook, while biscuits of his make were entitled to special mention.  It was a standing rule with him to have a controversy of words with Mr. McElroy, neither being specially noted for the refinement of their language.  I think it was during the August term of the Circuit Court in 1860 that Mr. Vaughn and Andrew Tate were admitted to the practice of law before the Hon. S.N. Fuller, Judge of the Eighth Circuit of Wisconsin.  It is said that they passed a very creditable examination.

This was the first term of Circuit Court held in the County of La Pointe, Elisha Pike being honored as foreman of the first grand jury convened within the county.  Although Mr. Vaughn is but forty-eight years of age he can boast of having held the following positions of trust: Post-master, Justice of the Peace, Chairman of Town and County Boards, also member of the Wisconsin legislature in 1871, (having a constituency of 6,365 souls).  In the practice of law his maiden effort was that of procuring papers of divorce in a somewhat renowned case.  It is thought that but for the public trust which he held as a Chairman of the School Board he probably would never have known married life, – but as it was so foreordained they accepted the situation, while the people shouted, Amen!

On the arrival of business at Ashland in 1873, Mr. Vaughn removed his family to that place where he once more engaged as trader and forwarding and commission merchant.

To be continued in Number IX

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.

Martin Beaser married Laura Antoinette Beebe.  Both had other siblings who also intermarried into the Beaser/Coburn/Parker/Prince/Beebe family network of early settlers at Ontonagon and 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:

Martin Beaser “employed and brought with him early in 1855, Dr. Brunschweiler, a Civil Engineer, who surveyed and platted the first site on this bay, which is now known as ‘Old Ashland’ or ‘Beaser’s Division of Ashland.’ Brunschweiler River, twelve miles from Ashland, perpetuates his name.”
~ 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.

Doctor George Leonhard Brunschweiler was also involved with surveying and platting Frederick Prentice’s town site of Houghton on Chequamegon Bay.
The Brunsweiler River is a State Natural Area , a federal Research Natural Area, and has Wild River designation.

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.

“In March 1855, Conrad and Adam Goeltz – then young men, came to Ashland. They were natives of Wittenberg, and Conrad had served six years in the Cavalry of that Kingdom; but liking freedom, he bade adieu to the King, his master, and came to the “Land of the Free.” They both cleared land near the town site, which they afterwards pre-empted, and bought from the U.S. Government. For several years both of them lived in Michigan, but upon the revival of Ashland they came back to their early home. Katy Goeltz, Conrad’s Daughter, was the first white child born in this town, in the fall of 1855. Henry Dretler, Mrs. Conrad Goeltz’s father, came early and bought a quarter section of land. He died here in 1858 and was buried near the present residence of Mr. Durfee.”
~ 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

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]

 

This John W. Bell seems to be either La Pointe County Judge John William Bell, Sr., or his 19-year-old Chippewa son John William Bell, Jr.  Both were neighbors of Julius Austrian in La Pointe.

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.

No land claims could be entered here until six years later in 1864, after the U.S. General Land Office finished the original PLSS land survey here in 1863.

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.

Chippewa Certificate No. 228 for John B. Corbin of Lac Courte Oreilles and his wife Madeline.

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,

Chippewa Certificate No. 209 for John Baptiste Denomie of Odanah.

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,

Chippewa Certificate No. 161 for John Hoskins of Odanah and his wife Margaret.

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,

Sioux Script No. 212B for Margaret Dupuis.

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,

Sioux Script No. 102B for Charlotte Mercier.

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,

Sioux Script No. 487E for Hypolite Auger.

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,

Sioux Script No. 212C for Margaret Dupuis.

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,

Chippewa Certificate No. 158 for John Baptiste Crane.

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,

Chippewa Certificate No. 281 for Michael Lambert.

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,

Sioux Script No. 29 for Julia Renville.

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,

Sioux Script No. 17E for Louise Moreau.

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

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.

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.

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.

Not everyone working on this railroad was able to leave in peace.
“From March to November 15, 1872, over 200 buildings had been erected in Ashland and from a thousand to thirteen hundred men were in the railroad camps engaged in the tremendous task of clearing a track through the forest, and building a railroad. The nation had begun to feel the financial trouble that became the Bank Panic of 1873. Suddenly, one December morning, 1872, Capt. Rich received word to shut down all work on the line, pay off and discharge all the men and transport them and all others who desired to leave, out of the country.”
~ History of the Soo Line by James Lyden, chapter 9.
“On January 1, 1873, Sheriff Nelson Boutin, Capt. R.D. Pike and a party of seventy-five chosen men went over to Ashland as a company to quell the railroad rioters. After stopping there ten days they returned. Having had this little of military life, they conceived the idea of forming a new military company and joining the State militia.”
~ 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.

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.

Missionary stationed at Bad River 
Reverend Leonard H. Wheeler

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.

Gichi-ziibiwishe
a.k.a.
Ke-che-se-be-we-she


Ke-che” (Gichirefers to big, or large.
se-be” (ziibirefers 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.

The mouth of Ke-che-se-be-we-she Creek was renamed as Ironton 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.  Ironton is featured in our Barber Papers and Penokee Survey Incidents.

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.

The Barber Brothers worked on the 1854 survey, 1856 survey, and 1858 survey of the La Pointe (Bad River) Reservation, but these surveys are apparently not available online through the United States General Land Office or the Wisconsin State Cartographers Office websites.

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.

Asaph Whittlesey was appointed to serve as the Indian Agent at the La Pointe Indian Agency from 1861 until 1869.  We have not yet found any evidence that Whittlesey addressed any discrepancies about Bad River’s northeast boundary corner not being the true location of Ke-che-se-be-we-she Creek in accordance with the Treaty.

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.

By Amorin Mello

Originally published in the March 16, 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 IV.

Early Recollections of Ashland: Number V

by Asaph Whittlesey

FIRST ELECTION IN THE TOWN OF BAY PORT.

The order of the County Board creating the Town of Bay Port was made March 11th, 1856, and the store of Schuyler Goff in Bay City was designated as the place for holding the first election for town officers, the election to be held April 1st, 1856.

The journal containing this order (which was in pamphlet form,) was destroyed by fire at the burning of the Webb House in Bayfield, Wis., June 4th, 1874.

Detail of La Pointe County from a map of Wisconsin published by J. H. Colton & Co., New York, 1856.
~ David Rumsey Map Collection

The new town comprised all that portion of La Pointe county, Wis., laying south of the north line of town 48 north, in all over sixty eight townships, including the Bad River Indian Reservation, which was, on the 8th of Nov. 1859, made a precinct by itself.

At the election held April 1, 1856, there were twenty-four votes cast, resulting as follows:  For Chairman of Town Board, Schuyler Goff; remaining member of Town Board, J. T. Welton and Asaph Whittlesey.  Schuyler Goff, Chairman elect, was the first to qualify, his oath of office being administered by Asaph Whittlesey, Justice of the Peace.

Photographs of Asaph Whittlesey and Andrew J Barkley reproduced from the Ashland Daily Press – national bicentennial issue (July 1976).

The annual statement made in April, 1857, showed the outstanding indebtedness of the town to be $25.00.  The report submitted in April, 1858, showed highway orders issued during the year previous $57.50.  Town indebtedness in April, 1858, was $22.75, and at that election there was levied the sum of $195.59, to meet the town expenses for the ensuing year.  The following were the bills allowed by the town meeting in April, 1857: The first allowed was the bill of Edwin Ellis for $9.25; 2nd, J. T. Welton, $9.00; 3rd, A. J. Barkley, $5.50.  In those days no bills were allowed nor orders drawn to cover them until the same had been approved at the town meeting.  They had not yet learned to audit accounts with the marvelous rapidity known to Town Boards of more recent dates.  However the Town Clerk comprehending this groans out as follows:  “The vaults of the Treasuring are declared empty, and the servants of the town will therefore be obliged to wait for their pay until money shall be assessed and collected.”

Again.  By referring to the Records of La Pointe, (being two years previous to the organization of the town of Bay Port,) Charles Pulcifer, acting as town treasurer, certifies that “the only unpaid personal property tax was that of J. W. Bell, amounting to $33.00, and that he was unable to find any goods on chattels belonging to the said Bell to enable him to collect the tax.

The assessment for 1857 made by Edwin Ellis for which allowance of $6.00 was made.  At the annual town meeting in 1858 the first bill acted upon was that of Asaph Whittlesey, Superintendent of schools, amounting to 75 cents, though it was not allowed as they claimed it was out of their jurisdiction.  –  Bills of Edwin Ellis and Rev. L. H. Wheeler, for work done on the highway was rejected.  It was resolved at this meeting that thereafter one shilling per hour be allowed for work on the highway.

OUR EXPERIENCE IN RAILROAD MATTERS.

Railroads did not appear along Chequamegon Bay until the 1870’s, well beyond the scope of Chequamegon History‘s focus on pre-1860s history.  The 1856 Wisconsin Railroad Land Grant scandal did occur before 1860 but is rarely mentioned by historians.

Detail of La Pointe County from a map of Wisconsin published by The Milwaukee & Horicon Rail Road, 1857.
~ Library of Congress

We often fall into the habit of complaining because things move so slow, and especially is this system of fault finding associated with the delays usually experienced in the construction of railroads in the west.  However, upon reflecting I find that my time in life embraces the entire history of railroads in the United States, nearly the first roads put into operation, (if not the very first,) were one from Baltimore to Washington and one from Albany to Schenectady, N.Y., over which it was my good fortune to pass before reaching my majority, and about the time I became of age, it was my fortune to ride over not only the first railroad constructed in Illinois, bu the first built in the Mississippi valley, to wit:  from Meredosia, on the Illinois River, to Springfield, a distance of forty miles, which, in its day, was regarded something not to be sneezed at, as the roads I have named were at least suggestions of the great systems of roads today.  Governor Donenn, of Illinois, in his message of 1835-6, referred in the most glowing language to the triumph of the canal boat and the locomotive in almost annihilating time, burden, and space in other parts of the country and wanted to known if the Patriot bosoms of Illinois did not beat high to emulate such examples of internal improvement.

There were at different times two locomotive run over the Illinois roads mentioned, and finally mule power was resorted to. – The following year an Internal Improvement Bill was passed and roads were laid out for every quarter of the State, the results of which was to bankrupt the State.  But the movement was not without its advantages, as by the following spring the forty miles reaching to Springfield was graded and ready for the track to be laid.  The track was laid by putting down a piece of square timber called a mud sill on the top of which cross ties were laid.  On these a wooden rail was laid and flat bars of iron were spiked on the top of the rail.  These bars were tow and one half inches wide and one inch thick, and upon this track turned the wheel of the first locomotive brought into the Mississippi valley.

It might be called a curious contrivance, since the locomotive was simply a piece of clumsiness and of no practical use, the driving wheels being only about two and a half feet in diameter, and the engine itself having very little power.  This road finally passed out of the hands of the State for a consideration of $100,000, in State indebtedness, while the actual cost to the State was $1,000,000.

The Saint Croix and Lake Superior Railroad Company was involved in the 1856 Wisconsin Railroad Land Grant scandal.  More details about this company will be published in later memoirs on Chequamegon History.

I have dwelt somewhat long and in general terms upon the subject of railroads in the United States, to show to my readers that there has been no want of energy in their construction, but on the contrary the rapidity with which they have penetrated the wilderness is simply marvelous, converting Indian wilds into prosperous cities or fields of golden harvest.  My own connection with the building of railroads dates no farther back then the time of my landing here in 1854, since which, I have in my way left no stone unturned looking to the introduction of railroads into this country.  I was for a time a director in the St. Croix and Lake Superior Railroad Company, during which (but for the complications of the road,) Gardner Colby would have undertaken its construction instead of turning his attention to the Wisconsin Central Railroad.

To be continued in Number VI

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

Moses S. Gibson was a prominent banker and politician in Hudson, WI.

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

Schuyler Goff later became a La Pointe County Judge and involved with Penokee mixed-blood lands.

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:

Julius Austrian purchased the American Fur Company’s La Pointe Lands from the Bealieu/Borup/Oakes family of white and mixed-blood fur traders.
Michael E. Ames and Isaac Van Etten were lawyers and politicians in Minnesota Territory during the 1850’s.
Austrian and Oakes both signed the 1847 Treaty at Fond Du Lac.
Austrian and Van Etten were both involved with Chippewa Mixed Blood Land Fraud.

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]

Isaac Van Duzer Heard was also a Minnesota Territory lawyer and politician during the 1850’s.

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,

This deed is not recognized at the General Land Office or the Ashland County Register of Deeds.  Nor do they have any original land patent for these lands at all for that matter.

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 partof 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.

Robert Dundas Boyd was a La Pointe County Judge, married to Julia Cadotte of the La Pointe Band, and a nephew of President John Quincy Adams.  Boyd was shot to death in an Ashland bar fight.

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.

Borup and Oakes built La Pointe (New Fort) and the Sawmill for the American Fur Company.
“In 1845, the American Fur Company built a small sawmill near the mouth of what came to be known as Pike’s Creek (S21 T50N R4W). A dam provided waterpower for the mill’s operation. It was operated by the company for only a brief period of time before being sold to Julius Austrian, who in turn sold it to Elisha Pike in 1855.”
~ The Sawmill Community At Roy’s Point by Mary E. Carlson, 2009, page 14.
According to the General Land Office, these 80 acres were entered by Joseph Austrian (via Power of Attorney to his brother Julius Austrian); the north 40 acres on July 5th, 1854, and the south 40 acres on June 6th, 1855.  Both dates occurred after James Hugh’s sale.
Joseph Austrian had an interesting adventure at Austrian’s Sawmill, during the winter of 1851/1852.

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 partof 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.

Doctor Charles William Wulff Borup was Charles Henry Oakes’s brother-in-law; and business partner at the American Fur Company in La Pointe, and as bankers and Free Masons in St. Paul.

Dear Sir,

WILLIAM H. SEMMES was born in Alexandria, Virginia. He came to Hudson in 1851, and practiced law, as a partner of Judge McMillan, in Stillwater. He was a young man of great promise, but died early and much lamented, Sept. 13, 1854.”
~  
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

Julius Austrian
~ Madeline Island Museum

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.

Henry Smitz lived with the Austrian Family and was a trusted employee.

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

The Secretary of State of the State of Minnesota, does hereby certify, that Thomas Van Ettan whose name appears subscribed to the annexed instrument, was, at the date thereof, a NOTARY PUBLIC, in and for the State of Minnesota, residing in the County of Ramsey duly appointed and qualified, and empowered by the laws of this State, to administer Oaths, take Depositions, Acknowledgements of Deeds, and other written instruments, and exercise all such powers and duties, as by the law of Nations and according to commercial usages, may be exercised and performed by Notaries Public, and that full faith and credit are due and should be given to his official acts as such Notary.

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

Finding this Judgement dated July 3, 1861, may reveal more details about the James Hughes Affair of 1853 and other scandals at La Pointe.

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?? ? ?]

I. Van Etten

for C. H. Oakes

By Amorin Mello

This is a reproduction of Ancient Garden Beds of Michigan from Memorials of a Half Century, by Bela Hubbard, 1887, pages 243-261.

ANCIENT GARDEN BEDS OF MICHIGAN.*

* Read before the State Pioneer Society, February 7, 1877, and published in the American Antiquarian.

Bela Hubbard explored Lake Superior in 1840 as the Assistant State Geologist of Michigan with Douglass Houghton.

A CLASS of works of the Mound-builders exists in Michigan, of unknown age and origin, which have received the name of “Garden-Beds.”

An unusual importance attaches to these remains of a lost race, from the fact that they have been almost entirely overlooked by archæologists, and that of those which were so numerous and prominent forty, or even thirty years ago, nearly every trace has disappeared. For any knowledge beyond the scanty details hitherto recorded we are forced to rely upon the recollections of the “oldest inhabitants.” We know how uncertain this reliance often is, and were it otherwise, we cannot but recognize the rapidity with which we are losing our hold of this kind of testimony, and the very brief period of which it must cease altogether.

Archæology of the United States by Samuel Foster Haven, 1856.
Pierre Gaultier de Varennes, Sieur de la Vérendrye came to Lake Superior in 1726.

The earliest mention of these relics which I find is by Haven, in his “Archæology of the United States.” It is the report of Verandrie, who, with several French associates, explored this region before 1748. He found in the western wilderness

“large tracts free from wood, many of which are everywhere covered with furrows, as if they had formerly been ploughed and sown.”

Schoolcraft was the first to give to the world any accurate and systematic account of these “furrows.” Indeed, he is the only author of note who honors this interesting class of the works of the Mound-Builders with more than the most meagre mention. Observations were made by him as early as 1827. He gives figures of two kinds of beds, and he records the fact, that

“the garden-beds, and not the mounds, form the most prominent, and, by far, the most striking and characteristic antiquarian monuments of this district of country.”

Gazetteer of Michigan by John T. Blois.

Another writer of early date, still resident of our State, John T. Blois, published, in 1839, in his “Gazetteer of Michigan,” a detailed description, with a diagram, of one kind of the beds.

No mention is made of these remains by Priest or by Baldwin. Foster devotes to them less than a single page of his voluminus work, and only says, in effect, that “they certainly indicate a methodical cultivation which was not practised by the red man.”

Increase Allen Lapham wrote about ancient gardens in Antiquities of Wisconsin, and was involved with the Penokee Survey Incidents.

Dr. Lapham describes a few of this kind of remains which were found upon the western shore of Lake Michigan, as

“consisting of low parallel ridges, as if corn had been planted in drills. They average four feet in width, and twenty-five of them have been counted in the space of one hundred feet.”

Ancient gardens are also known to be located at Lac Vieux Desert (‘lake of the old garden’) and Gete Gititaaning (‘at the old gardens’) at Bad River.

Yet these relics constitute a unique feature in the antiquities of our country. They are of especial interest to us, from the fact that they were not only the most prominent of our antiquities, but, with the exception referred to in Wisconsin, they are confined to our State.

Some investigations, by no means thorough, enable me to define more accurately and fully than has been heretofore done the different kinds of these beds, which I shall attempt to classify, according to the most reliable information obtained. But I must first define their situation, extent and character.

The so-called “Garden-Beds” were found in the valleys of the St. Joseph and Grand rivers, where they occupied the most fertile of the prairie land and burr-oak plains, principally in the counties of St. Joseph, Cass and Kalamazoo.

They consist of raised patches of ground, separated by sunken paths, and were generally arrange in plats or blocks of parallel beds. These varied in dimensions, being from five to sixteen feet in width, in length from twelve to more than one hundred feet, and in height six to eighteen inches.

The tough sod of the prairie had preserved very sharply all the outlines. According to the universal testimony, these beds were laid out and fashioned with a skill, order and symmetry which distinguished them from the ordinary operations of agriculture, and were combined with some peculiar features that belong to no recognized system of horticultural art.

In the midst of diversity, sufficient uniformity is discoverable to enable me to group the beds and gardens, as in the following

CLASSIFICATION:

1. Wide convex beds, in parallel rows, without paths, composing independent plats. (Width of beds, 12 feet; paths, none; length, 74 to 115 feet.) Fig. 1.

 

2. Wide convex beds, in parallel rows, separated by paths of same width, in independent plats (Width of bed, 12 to 16 feet; paths same; length, 74 to 132 feet.) Fig. 2.

 

3. Wide and parallel beds, separated by narrow paths, arranged in a series of plats longitudinal to each other (Width of beds, 14 feet; paths, 2 feet; length, 100 feet.) Fig. 3.

 

4. Long and narrow beds, separated by narrower paths and arranged in a series of longitudinal plats, each plat divided from the next by semi-circular heads. (Width of beds, 5 feet; paths, 1½ feet; length, 100 feet; height 18 inches.) Fig. 4.

 

5. Parallel beds, arranged in plats similar to class 4, but divided by circular heads. (Width of beds, 6 feet; paths, 4 feet; length, 12 to 40 feet; height, 18 inches.) Fig. 5.

 

6. Parallel beds, of varying widths and lengths, separated by narrow paths, and arranged in plats of two or more at right angles N. and S., E. and W., to the plats adjacent. (Width of beds, 5 to 14 feet; paths, 1 to 2 feet; length, 12 to 30 feet; height, 8 inches.) Figures a, b, and c are varieties. Fig. 6.

 

7. Parallel beds, of uniform width and length, with narrow paths, arranged in plats or blocks, and single beds, at varying angles. Width of beds, 6 feet; paths, 2 feet; length, about 30 feet; height, 10 to 12 inches.) Fig. 7.

 

8. Wheel-shaped plats, consisting of a circular bed, with beds of uniform shape and size radiating therefrom, all separated by narrow paths. (Width of beds, 6 to 20 feet; paths, 1 foot; length, 14 to 20 feet.) Fig. 8.

 

I present diagrams of each of these classes or kinds of beds. Of these only those numbered 1, 2 and 4 have ever before been delineated, to my knowledge. (See figures 1 to 8, pages 257-261.) Nos. 3 and 5 are described by Schoolcraft and Blois, while the others are figured as well – 1 and 2 by Schoolcraft and 4 by Blois. No. 3, according to the latter, consists of five plats, each 100 feet long, 20 beds in each plat. Schoolcraft does not give the exact localities, and I am unable to state whether beds of the same class have been noticed by other observers. As to their extent, his language is, “The beds are of various sizes, covering generally from 20 to 100 acres.” Some are reported to embrace even 300 acres. Plats of beds are undoubtedly here referred to.

Of the plat figured by Blois (No. 4), the writer says:

“They are found a short distance from Three Rivers, on one side of an oval prairie, surrounded by burr-oak plains. The prairie contains three hundred acres. The garden is judged to be half a mile in length by one-third in breadth, containing about one hundred acres, regularly laid out in beds running north and south, in the form of parallelograms, give feet in width and one hundred in length, and eighteen inches deep.”

The distinctive peculiarity of these beds is what Blois calls the “semi-lunar” head, at the extremity of each bed, separated from them by a path as represented.

Class 6, so far as my own inquiries warrant, represents the form and arrangement which is most common, viz.:

that of a series of parallel beds formed into blocks of two or more, alternating with other similar blocks placed at right angles to them. (See figures a, b, and c.) The prevailing width of the bed is five or six feet, and that of the paths one and a half to two feet. The length of the plats or blocks varies, the average being about twenty feet. Gardens of this kind were found by the early settlers of Schoolcraft, the burr-oak plains at Kalamazoo, Toland’s prairie, Prairie-Ronde, and elsewhere.

Mr. Henry Little says, that in 1831 they were very numerous on the plains where now stands the village of Kalamazoo; and south of the mound, eight or ten acres were entirely covered by them.

Mr. E. Laken Brown confirms this account, and says they reminded him of old New England gardens, being very regular and even, and the beds five feet by twelve or fourteen feet. In 1832 the outlines were very distinct, and the burr-oak trees on them as large as any in the vicinity. Mr. A. T. Prouty concurs as to the extent covered, but thinks the beds were six feet wide by twenty-five to forty long. On the farm of J. T. Cobb, section 7, town of Schoolcraft, the beds were quite numerous as late as 1860. There must have been 15 acres of them on his land. The “sets” would average five or six beds each. Neighbors put the number of acres covered with them in 1830, within the space of a mile, at one hundred.

Fig. 6-b, of class 6, is from a drawing by James R. Cumings, of Galesburg, of a garden in which the beds are of more than usual diversity in width and length. H. M. Shafter and Roswell Ransom, old settlers, say that three or four acres on the edge of the prairie, at this place, were covered with the beds. On the farm of the latter in the town of Comstock, of one hundred acres, there were not less than ten acres of beds, six feet by twenty-five to forty, arranged in alternate blocks, having a north-and-south and east-and-west direction.

Fig. 6-c is from a drawing by Mr. Shafter.

The series represented by Class 7 (fig. 7) were found at Prairie-Ronde. They are platted and described to me by Messrs. Cobb and Prouty. They differ from the more ordinary form of No. 6, in the arrangement of the blocks or sets of beds, which is here not at right angles, but at various and irregular angles, also in the single beds outlying. The number of beds in each block is also greater than usual.

Class 8 is established on the authority of Henry Little and A. T. Prouty, of Kalamazoo. The figure delineated is from the descriptions and dimensions given by the former. The diameter of the circular bed and the length of the radiating ones are each twenty-five to thirty feet. The latter describes two of similar design, but of smaller dimensions, the centre bed being only six feet in diameter, and the radiating ones twenty feet. All occurred at Kalamazoo, and in immediate association with the other forms of beds at that place, represented generally by Class 6.

There is reason for supposing that there may have existed another class of beds, differing altogether from any that I have represented, from expressions used by both Schoolcraft and Blois. The former speaks of “enigmatical plats of variously shaped beds;” and further, “nearly all the lines of each area or sub-area of beds are rectangular and parallel. Others admit of half circles and variously curved beds, with avenues, and are differently grouped and disposed.”

The latter says, the beds “appear in various fanciful shapes.” Some are laid off in rectilineal and curvilineal figures, either distinct or combined in a fantastic manner, in parterres and scolloped work, with alleys between, and apparently ample walks leading in different directions.”

This language is too vague to enable me to construct a diagram, nor have I any confirmation to offer from other sources. The reputation of the writers will not allow us to consider the descriptions fanciful, but it is possible to suppose they were misled by the representations of others.

Lac Vieux Desert (‘lake of the old garden’) and Catakitekon [Gete-gitigaan (‘old gardens’)] from Thomas Jefferson Cram’s 1840 fieldbook.  This is the headwaters of the Wisconsin River, and near those of the Wolf River and Ontonagon River. 
~ School District of Marshfield: Digital Time Travelers

Were these vegetable gardens? To answer this question, we must proceed according to the doctrine of probabilities. All opinions seem to agree, that these relics denote some species of cultivation; and that they are very different from those left by the field culture of any known tribes of Indians. Nor do we find any similar remains in connection with the works of the Mound-Builders, which exist, on so extensive a scale, through the valley of the Mississippi River, although those unknown builders were undoubtedly an agricultural people.

The principal crop of the Indians is maize, and this was never cultivated by them in rows, but in hills often large but always disposed in a very irregular manner. As little do these beds resemble the deserted fields of modern agriculture. On the other hand, the resemblance of many of the plats to the well-laid out garden beds of our own day is very striking; while the curvilinear forms suggest analogies quite as strong to the modern “pleasure garden.”

The Whole & True Discouerye of Terra Florida by Captain Jean Ribault, 1563.

The nearest approach to anything resembling horticultural operations among Indian tribes, with the historic period, is noticed by Jones, who refers to a practice, among some of the southern Indians, of setting apart separate pieces of ground for each family. This author quotes from Captain Ribault’s “Discovery of Terra Florida,” published in London, 1563. “They labor and till the ground, sowing the fields with a grain called Mahis, whereof they make their meal, and in their gardens they plant beans, gourds, cucumbers, citrons, peas, and many other fruits and roots unknown to us. Their spades and mattocks are made of wood, so well and fitly as is possible.”

In the St. Joseph Valley I learned of numerous places, widely apart, where the labor and ksill of our ancient horticulturists were apparent in small gardens, laid out in different styles, and with an eye to the picturesque; as if each family had not only its separate garden patch, but had used it for the display of its own peculiar taste.

The Nahua peoples (Aztecs) are known to build Chinampas (man-made islands for gardens) in water bodies.
Penokee Gap was also the historic path for the early copper workers from Mexico, who came to Lake Superior and Isle Royale.”
~ Bad River WPA Papers, Envelope 3, Folder 9.
Penokee Gap, 1000 feet above Lake Superior, is a break in the rough country, a regular gap where the Bad River breaks through the Iron Range Hills on its way to Lake Superior. The Gap is an historic pathway through which the copper workers from Mexico and South America came to Lake Superior centuries ago enroute to the copper deposits on Isle Royal in Lake Superior.
~ Railroad History, Issues 54-58, pg. 26

Historians tell us of the Aztecs, that they had gardens in which were cultivated various plants, for medicinal uses, as well as for ornament. Was there something analogous to this in the Michigan Nation? Did the latter also have botanical gardens? May we accord to this unknown people a considerable advance in science, in addition to a cultivated taste, and an eye for symmetry and beauty, which is without precedent among the pre-historic people of this continent, north of Mexico?

These extensive indications of ancient culture necessarily imply a settled and populous community. We are led, therefore, to look for other evidences of the numbers and character of the people who made them. But here an extraordinary fact presents itself; such evidences are almost wanting! The testimony of nearly every one whom I have consulted – men who were among the first of the white race to break up the sod, that for ages had consecrated these old garden lands – agrees in the fact, that almost none of usual aboriginal relics were found; no pottery; no spear- and arrow-heads; no implements of stone; not even the omnipresent pipe. Tumuli, or burial mounds of the red man, are not uncommon, though not numerous, in Western Michigan, but have no recognized association with the garden race.

Upon the St. Joseph and Colorado rivers, and in the town of Prairie-Ronde, exist several small circular and rectangular embankments, resembling the lesser works of the Mound-Builders so numerous in Ohio. But no connection can be traced between these detached earthworks and the garden-beds. None of them seem to have been the bases of buildings, nor do they give indication of any religious origin or rites. There are no traces of dwellings, and the soil which has so sacredly preserved the labor of its occupants, discloses not even their bones!

At Three Rivers, and in Gilead, Branch County, are some ancient embankments, which are probably referable to this people and may pass for works of defence. That at the first named place was notably extensive. It consisted only of an earth embankment, about six feet in height, extending between two forks of a river, a mile apart. It thus enclosed a large area, and with a sufficient garrison might have withstood the siege of a large army of barbarous warriors.

It seems strange, indeed, that these garden beds, suggestive as they are, should be the only memorials of a race which has left such an evidence of civilized advancement, and was worthy of more enduring monuments! We may reasonably conclude, that they were a people of peaceable disposition, of laborious habits, and of æsthetic if not scientific tastes; that they lived in simple and patriarchal style, subsisting on the fruits of the earth, rather than of the chase. Their dwellings and their tools were of wood, and have perished. This simple record of their character and labors is all, it may be, we can ever know.

But is this all? May we not form some reasonable conjecture as to the period in which these gardeners lived?

Detail of “Chippewa Gardens” at Odanah from Narrative journal of travels from Detroit northwest through the great chain of American lakes to the sources of the Mississippi River in the year 1820, in 1820, by Henry Rowe Schoolcraft, page 105.  This place is known as Gete Gititaaning (‘at the old gardens’) in Ojibwemowin.

Gishkitawag (‘Cut Ear’) circa 1858:
“My children, I want you to listen to me.  The proposition I am about to present will benefit all of you, and I need your cooperation.  I would like to have you donate your labor to clear land for a large community garden, where every family, or any one who wishes can plant.  The place I would suggest is that swampy flat, near the cemetery.  It will take time to drain it and dry out but I know it will make good garden plats.
~ Early Settlement of the Bad River Indian Reservation

A fact mentioned by Dr. Lapham furnishes a species of evidence, as to the relative antiquity of the garden beds of Wisconsin, as compared with the animal mounds. They were found overlying the latter; from which he infers, of course, a more recent origin. We may also suppose a considerable more recent age, since it is not likely that the race could have thus encroached upon the works of another, until long after these had been abandoned, and their religious or other significance forgotten.

The date of the abandonment of the beds may be approximately fixed, by the age of the trees found growing upon them. One of these mentioned by Schoolcraft, cut down in 1837, had 335 cortical layers. This carries the period back as far as 1502, or some years prior to the discovery of this country by the French. How long these labors were abandoned before this tree commenced its growth may not be susceptible of proof. Early French explorers do not appear to have been interested in the question, and it does not seem to me necessary to go further back than the three centuries during which that tree flourished, for a period quite long enough to have crumbled into indistinguishable dust every trace of wooden dwellings and implements, as well as of the bodies of their fabricators, if the latter received only simple earth burial.

Seven Fires Prophecy
(Anishinaabe Migration Story)
:
In the Third Fire the Anishinabe will find the path to their chosen ground, a land in the west to which they must move their families. This will be the land where food grows upon the waters.
~ The Mishomis Book – The Voice of the Ojibway by Edward Benton-Banai, Chapter 13 – The Seven Fires.
Manoomin (Wild Rice) is the food that grows upon the waters at the Kakagon and Bad River Sloughs (Third Fire) of Lake Superior.

At the time of the arrival of the French the country was in possession of Algonquin tribes, who emigrated from the St. Lawrence about the middle of the 16th century. They were ignorant of the authors of these works, and were not more advanced in the arts of culture than the other known tribes.

It is probable that the few defensive works I have mentioned were erected by this settled and peaceful race of gardeners, as places of temporary refuge for the women and children, against the raids of the warlike tribes living eastward of them. The larger one may have served for the general defence in a time of sudden and great emergency. It is probable that on some such occasion they were surprised by their savage and relentless foes, and were overwhelmed, scattered or exterminated.

Most of the facts I have been able to present are gathered, in large part, from the memories – of course not always exact or reliable – of early settlers, and after modern culture had for many years obliterated the old.

It is perhaps useless to regret that these most interesting and unique relics of a lost people have so completely perished, through the greed of the dominant race; or that they could not have received, while they yet remained, the more exact and scientific scrutiny which is now being applied to the antiquities of our land. Much that might then have been cleared up, must now remain forever involved in mystery, or be left to conjecture.

– – – – – – – – – –

In September, 1885, the writer visited the region of the ancient garden beds, in hopes of being so fortunate as to find some remaining. He did discover, near Schoolcraft, on a plat of land which had been recently cleared of its timber, a few traces of beds belonging to a set, most of which had been broken up by the plough.

Four or five beds could be distinctly traced, for the distance of some ten to fifteen feet. The remainder of their lengths, said to be some twenty to thirty feet, had been obliterated by cultivation. Each bed had a width of about ten feet from centre to centre of the intervening paths. The latter had apparently a width of two or three feet, but it was impossible to define the exact outlines.

After much inquiry I could learn of no other place in or near Prairie-Ronde, or the plains of St. Joseph and Kalamazoo Counties, where any traces of the old garden beds remained.

Mr. Cobb informed me that about 1859 he endeavored to preserve portions of a set of these beds, which were well covered by touch, protective prairie sod. But when the white grub took possession of the turf thereabouts his ancient garden reserve did not escape. In a year or two the hogs, in their search for the grub, had so rooted and marred the outlines that he ploughed the beds up.

I found many old residents who well remembered the garden plats as they appeared a half century ago, and all concurred in the admiration excited by their peculiar character and the perfection of their preservation. Mr. Cobb says, he often took his friend to see his “ancient garden,” counted the beds, and speculated upon their object. The set of beds, which is shown only partially in his sketch (Fig. 7), contained thirteen beds, and was the largest of the sets. The others averaged five or six beds each.

All concurred, too, as to the great extent of land, amounting to several hundred acres, covered, wholly or partially, by the beds, chiefly upon the northern edge of the prairie. That all visible evidence of their existence should have so completely disappeared is not surprising to any one who notes their situation, upon the richest portions of the mixed prairies and plains. The lands most esteemed by their garden race were those which first attracted the modern farmer. These lands still constitute fields as beautiful as the eye can anywhere rest upon, and in a region second in loveliness to no other part of our country. The wants of the early settler almost preclude any care for the preservation of what was regarded as mere curiosities. Even when spared from the plough, and left to the care of nature, the absence of the annual fires, which had prevented the growth of timber; the roots of trees upheaving the beds; the decay of fallen timber; the hummocks caused by upturned roots; the destruction of the turf by the forest growth, and by cattle and hogs, all tend to deface the beds, and leave them to be reduced to the general level by the elements. Under these circumstances, a few years even would suffice to obliterate outlines which had remained almost unaltered for centuries.

An Old Indian Settler

January 15, 2017

By Amorin Mello

Joseph Stoddard circa 1941.

Joe Stoddard 1941″
~ Bad River Tribal Historic Preservation Office

United States. Works Progress Administration:

Chippewa Indian Historical Project Records 1936-1942  

Envelope 19, Item 1

An Old Indian Settler

Statement of Joseph Stoddard

by James Scott

Joseph Stoddard was a Headman for the Bad River Band of Lake Superior Chippewa during the early 20th century, and a child during the 1854 Treaty with the Chippewa at La Pointe.
Joseph‘s birth-year on 20th century U.S. Census records ranges anywhere from 1849 to 1859.
Joseph married Sophia Sweet in 1875. They had multiple biological and adopted children.  Their marriage certificate lists his father as Ka-Wa-Yash and mother as Ne-Gu-Na-Ba-No-Kwa.
Joseph may have adopted the surname of John Stoddard, a government carpenter employed in Odanah by the La Pointe Indian Agency.

On the afternoon of Sunday, February 28, 1937, I visited Joseph Stoddard, one of the oldest residents of the Bad River Reservation.  He is a man of full blood Indian descent, and a full-fledged member of the Bad River Band of Lake Superior Chippewas.  He has always been respected for his wisdom concerning matters affecting his fellow Chippewas; as always recognized as a headman in the councils of the band, and is today an outstanding figure.  He related to me many experiences of his early days, and has a distinct recollection of the incidents attending the closing deliberations leading up to the signing of the last treaty affecting the Bad River Band of Chippewas, which was concluded at Madeline Island, Sept. 30, 1854.

He relates: In this treaty with the Lake Superior Chippewas, Henry C. Gilbert and David B. Harriman represented the United States.  According to Mr. Stoddard‘s version, Mr. Gilbert stood at one end of a small writing table, and Chief Buffalo on the other end, joining hands in mutual grip of friendship.

Henry C. Gilbert ~ Branch County Photographs

Henry C. Gilbert
Mackinac Indian Agent
~ Branch County Photographs

Commissioner Gilbert held in his hand the signed treaty, which was rolled and tied with red, white and blue ribbons.  He expressed confidence that the Chippewas of Lake Superior and the Mississippi would always remain friendly toward the United States, and assured the Indians that the obligations of the United States under this treaty would be fulfilled to the latter.  Using the rolled treaty as a pointer, Mr. Gilbert pointed to the East, to the West, to the North and to the South.  The gesture circumscribing the Great White Father’s domain, explaining that the treaty just concluded was backed by the integrity of the U.S. and promising that the Great Father would see that the stipulations in the document would be taken care of at the time indicated.  Mr. Stoddard asks: “Has the government carried out the promises embraced in the treaties?”  And he answers his own question by saying, “No. Many of the most important provisions which were agreed upon at Madeline Island were stricken from the treaty, not at the Island, perhaps, but at some other point; and the whole document was so changed that every provision leaned to the advantage of the United States.”  Mr. Stoddard says further, “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.”

“The Indian Reorganization Act of June 18, 1934, or the Wheeler-Howard Act, was U.S. federal legislation that dealt with the status of Native Americans (known in law as American Indians or Indians). It was the centerpiece of what has been often called the ‘Indian New Deal’. The major goal was to reverse the traditional goal of assimilation of Indians into American society, and to strengthen, encourage and perpetuate the tribes and their historic traditions and culture.”
~ Wikipedia.org

The experience of the Indians in dealing with the United States government, contends Mr. Stoddard, has been anything but satisfactory, and this is the reason why the Reorganization Act does not appeal to many of our Indians, and the experience of Indians in different parts of the country must have been similar, as on some reservations of other tribes, the Reorganization Act has not even been given serious consideration.  The Indians fear that this is just another ruse on the part of the Government to further exploit the Indians; that there is a hidden meaning between the lines, and that the Act, as a whole, is detrimental to the Indians’ interests and development.

For a person of his age, Mr. Stoddard has a wonderful memory and gives a clear portrayal of incidents connected with the treaty. He states that:

Chief Buffalo died on September 7th, 1855, which was immediately before the 1855 Annuity Payment. For more information, read Chief Buffalo‘s Death and Conversion: A New Perspective.

Chief Buffalo worked so hard during the drafting of the treaty of 1854, that he suffered a general health break-down, and lived only a short time after the completion and signing of the document.  The Chief felt highly elated after the work was completed, thinking that every word of the treaty would be carried out, affording permanence and security to his people.

“At the death of this venerable old chief, the funeral service attending his burial was very impressive.  The pall bearers were all leading warriors who had seen and experienced the strife of battle.  Those who paid tribute formed

[line(s) of text missing from bottom of page 2]

the mortal remains of the famous chief were laid to rest.

Giishkitawag (Cut Ear) signed multiple treaties as a warrior of the Ontonagon Band.  Giishkitawag became associated with Early Settlement of the Bad River Indian Reservation.
The following photo was featured as Giishkitawag from Ontonagon and Odanah in Photos, Photos, Photos.  However, the date conflicts with Joseph‘s story about his grandfather dying in 1868.
kiskitawag cut ear

Kiskitawag” in Washington D.C. circa 1880.  
Which Giishkitawag is this?  
Joseph‘s grandfather,
or Joe White?
~ C.M. Bell, Smithsonian Digital Collections

The above photo may actually be a different Giishkitawag, alias Chief Joe White, from Lac Courte Oreilles.  Read Wisconsin Historical Society’s archives or Erik M. Redix’s book to learn about the politics behind the murder of Joe White during 1894.

“After the death of Chief Buffalo, my grandfather, Kishketuhwig, became a leader of the Chippewa tribe.  He was widely known throughout the Indian country, and well did the Sioux nation know him for this bravery and daring, having out-generalled the Sioux on many different occasions.  To the whites he was known as “Cut-ear,” that being the interpretation of his Indian name, Kishketuhwig.  He was born in 1770 and died in 1868.

“When nearing his ninetieth milestone, he would call me to his bed-side many times in the evenings, and often during the day, to advise and counsel me.  Once he said, “My son, I can foresee the path that is leading straight ahead of you.  I can see that you are going to be of great value and assistance to your people.  You must make a serious effort, therefore, to familiarize yourself with the contents and stipulations of the different Chippewa treaties.  My first experience in treaty negotiations was in 1785, at early dawn one day, there far off on the blue waters of Lake Superior several strange canoes.  They were first sighted by a couple of fishermen, who were raising their nets at this early hour, on the east side of Madeline Island.  When the fishermen were sure that the approaching canoes were those of strangers, their coming was immediately reported to the thousands of Chippewa who made their homes on the west shores of the island.  The alarm was given, and a number of the most daring warriors were instructed to meet the party, and be prepared for the worst.  Chief Buffalo was also notified.

“As the party came nearer, it was noted that the fleet consisted of five large, strangely designed canoes, and at the bow of the leading canoe, stood a stalwart brave in great dignity.  In front of him, upon an upright rack, a war council pipe could be plainly seen, and as they approached the shore line the sounding of war drums were heard, and sacred peace songs were being sung as the party

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his hand high above his head, the gesture indicating the question, “Are we welcome to enter your land of liberty?”  One of the Chippewa warriors acting as a lieutenant, answered in similar fashion, conveying the message, “you are welcome.”

Giiskitawag‘s story begins during 1784, when he was a teenager.
These were visitors from the Wyandot/Wendat people, also known as the Iroquoian-speaking Huron nation.
Correction:
These were visitors from the Algonquin-speaking Odawa nation. Their ancestors once lived at Grant’s Point on Madeline Island with the Wyandot people as refugees during the mid-17th century.

“After the strangers pulled their canoes onto high land, the Ojibways and the visitors clasped hands in a bond of friendship, saying Na-gay-ma, meaning ‘welcome, my friend.’  After the lieutenant was satisfied that there was no mischief connected with this party, he extended them the welcome of the village.  With an apparent feeling of deep appreciation, the newcomers accepted the invitation, but indicated the wish that they preferred to prepare and eat their breakfasts first before entering the great Chippewa village.  The spokesman explained that their ancestors once lived here.

“After their breakfast was over they were escorted to the village and lead to the lodge of Chief Buffalo.  They explained the purpose of their visit, and Chief Buffalo indicated an open space where the meeting was to take place on the day following.  Runners of the village were instructed to pass this information from lodge to lodge.

“On the day of the council, there emerged from the numerous lodges, naked figures of Chippewa warriors, looking fit for whatever the occasion required, wrapped close in their gaudy blankets, and their heads adorned with American Eagle feathers.  The war-paint make-up was also conspicuous, and over the back of every brave, ‘quivers‘ were slung, while resting in the shallow of their arms were war-clubs stained with human blood.

“All were soon seated in a very wide circle upon the green grass, row after row, forming a grim assemblage.  Each warrior’s face seemed carved in stone, and no one could have detected the deep and fiery emotions hidden beneath the surface of their expressionless faces.

“In the customary manner, pipes with ornamented stems were lighted and of the visitors, a young brave, arose, and walked into the midst of the council assemblage.  He was not tall, but the symmetrical lines of his body spoke loudly of great strength and vigor.  In complexion, he was darker than the average of his race, which we learned later was due to the fact that he belonged to the black bear clan or totem.  The men and women of the Chippewa nation who belonged to the same clan accepted him as a brother and as one of the family.

“His expression was bold and confident, and as he stood in the middle of the circle, he pointed towards the heavens saying,

The United States was very young at this time while beginning to negotiate treaties with the Lake Superior Chippewa and other sovereign native nations.  For perspective, the American Revolutionary War had ended one year before with the signing of the 1783 Treaty of Paris, and the United States Constitution was not drafted until several years later during 1789.
Fort McIntosh
(Beaver, Pennsylvania)

Constructed in 1778, it was the first fort built by the Continental Army north of the Ohio River, as a direct challenge to the British stronghold at Detroit. It was the headquarters of the largest army to serve west of the Alleghenies. Its purpose was to protect the western frontier from possible attacks by the British and from raids by their Native American allies. The fort, large for a frontier setting, at one time had a garrison of about 1,500 men.
[…]
The fort was the scene of a historic event in January 1785 — the signing of the ‘Treaty of Fort McIntosh‘ by chiefs of the Delaware, Wyandot, Ottawa and Chippewa nations, along with treaty commissioners George Rogers Clark, Richard Butler and Arthur Lee. As a direct result, the way was cleared for Congress to enact the Land Ordinance of 1785. This became the pattern for ultimately opening all the western territories to boundary surveys and orderly settlement, and marked the real beginning of the westward migration that continued for the next 100 years.

~ Beaver Area Heritage Foundation
Gichi-manidoo-giizis
“Gitche Manitou Gee-sis”
“Great Spirit Moon”
“January”

‘My faith is in God, who is the creator of mankind, the maker of the heavens, the earth, the trees, the lakes and the rivers.  I am very proud that the opportunity to address you is mine.  I never thought that I would ever be accorded this privilege.  I am sent here by my father to deliver a most humble message to your chief and to your nation.  My father did not dare to leave.  He is guarding his people in the East.  The white man is encroaching upon our lands, and if he is not stopped, his invasion will soon reach you.  My father needs your assistance.  Will you join him, or will you remain passive and watch your children suffer?   It is an invitation to a national council of the Algonquin nation, and it also means that you should prepare for the worst.  The Grand National Council will take place as Sog-ga-nash-she Ah-ka-wob-be-win-ning, or English Look-out Tower, at Fort MacIntosh, on the last quarter of Gitche Manitou Gee-sis, meaning January.’

“The wampum belt consisted of cylindrical pieces of sea shells, a quarter of an inch long and in diameter less than the width of an ordinary pipe stem.  These were drilled lengthwise to permit stringing on a sinew thread.  The wampum belt was an article in general use among many tribes, not merely for ornamentation, but for graver purposes.  They played an important part in national councils and in treaty negotiations.  They were made of fragments of shells

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Wampum belts are used by eastern woodland Tribes as a living record of events, often between nations.

The color scheme was that of white, black with white tips, dark purple and violet.  The only time these belts were exposed was on public gatherings, such as general councils effecting the welfare of the tribes.  Only an Indian of distinction was permitted to administer the rites of the wampum belt ceremonies, and to perpetuate the history of the relation they bore to the particular council in which they were used, the belts were stored away, like other important documents.  They were generally kept in custody of some old man who could interpret their meaning.

“The brave from the East continued in loud, clarion tones:

‘My father has received a message from the Great White Father.  He said that he heard the voices of his red children pleading that they were in dire want, and in response to their entreaties he will come with a cargo of merchandise with his war vessels as soon as navigation opens.

The dish with one spoon wampum belt from the Great Peace of 1701 was a treaty between the Iroquois and Ojibwe near Lake Ontario.

‘The Algonquin Nation had agreed at one time to eat out of the same dish, so this will be our first opportunity to see what kind of a dish we are going to be offered.  I thank God for the privilege of being able to deliver this message to you.’

“The speaker raised his right hand and looked straight into the heavens.  He pivoted, and executing a right-turn, and with his right hand still held in the same position, walked back to his place and sat down.

This ceremonial pipe is different than Chief Buffalo‘s famous pipe from his 1852 trip to Washington D.C and 1854 Treaty at La Pointe, which was made shortly before The Removal Order of 1849.

Chief Buffalo ordered that the Lake Superior Chippewa War Pipe be lighted and passed around.  As it made a complete circle, the servant then presented the pipe to the strange young man.  Chief Buffalo then arose, and as he walked in the midst of the council, he pointed into the heavens, saying, ‘I leave everything to God who rules my destiny.  This is the very first time that this sacred war pipe is ever to leave this island.’  Chief Buffalo continued,

Shortly after the creation of mankind, the Great Spirit, or Gitche-manitou, sent a message to his red children, that, to insure their future security, they should establish a government of their own.  The advices of the Great Spirit were

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regarded sacred, and the substance of the whole was carved in a pink colored agate, a rare and beautiful stone, and buried in Madeline Island.  Incorporated in this document are the ten moral laws: Religion, tobacco, pipe, earth, wampum, herbs, water, fire, animals and forest.  The law embracing religion stipulated that a chief shall be created, selecting one whose clan is of the Albina Loon, or Ah-ah-wek or mong.  He is designated as the emancipator of the Indian race.  One selected from the bear clan, is to be a leading war general; one selected from the Bull-head fish clan, a captain; wolf clan, a lieutenant, and so on down the line.’

“Like the former speaker, Chief Buffalo, at the conclusion of his speech, raised his hand heavenward and walked to his seat.

La Pointe Band war leader:
Animikiiaanakwad
“Ah-num-me-me Wan-na-kwad”
“Thunder Head Cloud”

“The leading war general, Ah-num-me-me Wan-na-kwad, meaning Thunder Head Cloud, rose to his feet and walked to the center of the assemblage.  Gently addressing the young brave from the visiting nation, he said,

‘This sacred pipe has been presented to you.  You may take it back with you and interpret the statement you have just heard to your father, and say to your people that my great chief and his people will be fully prepared to come and assist your father.  He will bring back with him the invitation emblem, your wampum peace belt, and your war pipe.’

“Immediately one of the announcers of the tribe stepped forward and announced that on the following day a feast in honor of the visitors would be had.  The sounding of the war drums would be heard and a brave dance would take place.  He told the people that provisions were being collected for the use of their friends upon their return voyage.  Early in the morning, the day after the banquet, the strangers embarked, pointing their canoes homeward.

“During that fall many young braves were preparing to join the proposed war party.  I was making clandestine preparations myself, being then about sixteen or seventeen years of age.  I begged my grandmother to make me t least a dozen pairs of moccasins.  When I advised her of my intentions, she shed tears saying, ‘Son, you are much too young.’   I was very anxious to see real action.  Through rumors I learned that there were already eight thousand volunteers, ready to take up arms, if anything happened.  If war was inevitable, it would be the first time in the history of the Lake Superior Chippewas that they would bear arms against their white brothers.  There were more rumors to the effect that various bands were forming war parties to join their head chief at his command.

“Chief Buffalo told the runners of the various bands to deliver his message: that he needed only a few men at the outset.  He promised that he would contact someone at the Island through his spiritual power to determine the exact time he would need his army.  He advised them, however, to be on the alert.  Everyone was apparently satisfied with the plans made by the chief.

La Pointe Band war leader:
Niigaaniiogichidaa
“Neg-ga-neg O Gitch dow”
“Leading Veteran”

“It was shortly after New Years that the alarm was given by the leading war general, Neg-ga-neg O Gitch dow, that when the moon attained a certain size, the journey should be started.  Four or five days before the departure, war ceremonial dances should be held.  The chief intimated that he needed a party of only one hundred to make up a visiting party.  How I hated to ask permission from my grandfather to join this party, or even to tell him that I was planning on going.  I finally decided to keep the information from him, because I knew that I would be terribly disappointed if he refused to allow me to join the party.  Of course my grandmother was my confidant, and secretly we made the preparations.  The tension of my anxiety was so high that I was unable to sleep nights.  I would lie awake nights, listening to the beat of the war-drums, thinking that any moment the party might begin the journey.  About two days before the appointed time, Chief Buffalo selected his visiting party, which was composed of orators and councilmen.

“The night previous to the day of departure, I went on ahead.  It

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Gaagwajiwan
“porcupine mountains”
Ontonagon
Dasoonaaganing

“Do-nagon-ning”
“a trap; a deadfall trap”
“mouth of the Ontonagon River”

as far as the eye could discern.  I started in the direction of Porcupine Mountains, and arrived there early the next day.  After preparing, and having something to eat, I resumed my journey, my next objective being Ontonagon, or do-nagon-ning.  There I waited for the party to arrive.

“I hunted and killed four deer, and when I saw them coming I sliced the meat, and placed it on hardwood sticks, standing the meat through which the stick ran, close to the fire to roast.  I knew that my smoke would attract the party and guide them to my temporary camping place.  When the party landed, I handed a piece of meat to each of the party, and to Chief Buffalo, who gave me a grunt and a smile in acknowledgement to my greeting, I gave a piece of meat which I had especially selected for him.  I also gave him a large piece of plug tobacco, and after bestowing these favors I felt more confident that my request to join his party would be favorably considered.  I told the chief that I desired to join his party, and he gave me his assent, saying that inasmuch as I was such a good cook I might join the party.  I felt highly elated over the compliment the Chief paid me.

“After the repast, we started in the direction of Ontonagon.  For a while we walked on the ice, and then cut across the country.  It seemed that luck was with us.  On the second day of our journey we ran across a group of Indian families, and as the afternoon was well on, our leader decided to camp with them that night.  A couple of the men from this group presented tobacco to our chief, declaring that they had decided to join our party.  The women were busy making extra pairs of moccasins, and before we retired for the night, war songs were sung, and a dance was started in one of the larger wigwams.

“The following morning saw us again on our way.  We hugged the shore line closely, but very often the leader would make a short cut through the forest.  The snow as not deep enough to hinder good traveling, and on the way the men hunted for fresh meat.  A camping site was always located before the night.

Baawitingininiwag
“Ba-we-tigo-we-ni-ning-wug”
“Sault Ste. Marie Band men”

“After traveling several days we came upon an Indian village, occupied by Indians called ‘Ba-we-tigo-we-ni-ning-wug,’ meaning Salt Ste. Marie men.  We stopped at their village for a few days, and on our resuming the journey several of the men joined our party.  They seemed to know all about our journey.  I recall that on the morning of the day before we reached Fort MacIntosh, our leader commanded that we were not to travel very far that day, as he desired to arrive at Sog-ga-nash-she ak-ka-wab-be-we-ning, or the English Look-out Tower.

“During that night I got up to put some more wood into the fire place.  Pausing, I could hear a dog barking in the far distance, and I concluded that there must be an encampment of some kind in the direction from whence the dog’s bark proceeded.  I noticed also that all was talking in subdued tones.  After resuming our journey the following morning, we had not traveled very far when we came to a river.  Smoke was issuing from many different places.  One of the younger members of our party told me that the smoke rose from the camp fires of a large Indian encampment on many tribes.  In obedience to orders issued by our commander, we were to remain where we were until we received further orders.  Each man had a pack of provisions weighing about twenty pounds.  A camping site was immediately started.  We built a hundred-foot wigwam, covering it with pine, cedar, spruce, and balsam boughs.  For mattresses we used cedar boughs.  We built about ten fire places, which furnished plenty of heat when the fires were all burning.  Some gathered fuel, while others engaged in making water pails, dishes and cups, out of birch bark.  In a short time everything was ship-shape: our lodge was in complete readiness, fuel gathered and the dishes and other receptacles required were made.

The Chippewa Nation and Odawa Nation are two of the Three Fires Council known as the Anishinaabe.

“Chief Pe-she-kie then sent one of his warriors to make inquiry where the leading chief of the Ottawa Nation resided.  It wasn’t too long before the warrior returned with two strange braves, who came to invite our chief to the Ottawa camping ground.  Chief Buffalo refused, saying, ‘Not until you have held your grand council, as you said when you invited my people.’  ‘Yes,’ they answered.  ‘Our chief has been awaiting your arrival.  We shall again come, and let you know when we shall hold the grand council.’  They returned to their encampment, and the length of time they were gone was about the time it would require to burn two pipe-fulls of tobacco.  They reported back saying, ‘Not today, but tomorrow.  When the morning sun shall have reached the tree tops, the grand council shall be called to order.’  This would mean about nine o’clock in the morning.

“That evening a funny thing happened.  Two braves were placed on sentry duty, one on each end of our wigwam which was built long and narrow, the single door-ways on each end being covered with blankets.  That night everything was quiet, and the occasional hoot of an owl, or the call of the whip-per-will were the only sounds that disturbed the deep silence of the night.  I was not asleep and as I listened, I could distinctly hear a noise such as might be made by dragging some object on the ground.  I gave this matter no serious thought, as I was under the impression that one of our tribesmen was dragging poles for the fires which needed more fuel.  I found out later that one of our sentries located on the east side of the wigwam, saw someone peeping in the door-way.  The sentry was covered up with a blanket in a sitting position, and underneath his blanket he held his light war-club.  Like a flash we sprang, and taking the peeping person entirely by surprise, he tapped him on the head with his war-club, not hard enough to kill him, but with sufficient force to knock him in a state of coma for a few moments.  Tying his victim with his pack-strap, he dragged him in his wigwam and laid him lengthwise in the center of the lodge.  With the coming of day-light the next morning, some of the men rekindled the fires after which they sad down for their morning smoke.  For centuries it has been the habit of the Indians to have their morning smoke first before anything else was attempted.  Every one saw the strange Indian laying there, but nothing was said.  The party soon began the preparation of breakfast, and while all were busy, it was noticed that one of the warriors was busy, sharpening his famous scalping knife, and was edging closer and closer to the stranger.  Someone asked him why he was sharpening his knife, and he replied saying, ‘Oh, I’m going to have a good breakfast this morning.  I think I will have some nice roast meat,’ and so saying, he started to feel and examine the leg of the victim lying in the wigwam, indicating he would supply the fresh roast.  The captive became so frightened that he let out a howl and began to scream.  A couple of men then came over with a large load of fish, which they presented to the chief.  Seeing the stranger thus tied, screaming and begging for mercy, the two men who brought the fish began to show uneasiness.  The sentry who captured this man then explained just what had taken place during the night.  He said that there were two of them, but one got away.  The two braves were requested to report to their people just what happened during the night at the Chippewa camping site, find out what tribe the victim belonged, and ask them to come over and get him, or that he would die on the spot if he was lying.  It was not long before a party came with a large load of blankets and many other useful things which were offered to the chief with an apology and an expression of hope that he would overlook and forgive the actions of their two tribesmen.

“The Kickapoo people are an Algonquian-speaking Native American and Indigenous Mexican tribe. Anishinaabeg say the name ‘Kickapoo’ (Giiwigaabaw in the Anishinaabe language and its Kickapoo cognate Kiwikapawa) means ‘Stands here and there,’ which may have referred to the tribe’s migratory patterns. The name can also mean ‘wanderer’. “
~ Wikipedia.org

They belonged to the Kickapoo tribe.  Our chief interfered, saying, ‘We did not come here to collect ransom.  Go and take your child back to your home,’ and he ordered his release immediately.

“Early the next morning a runner came in our wigwam and lighted a large peace pipe.  First he made inquiry as to where the leading chief sat. 

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him first, and invited him to the national council, then he passed the pipe around the rest of us.

“We started across the river just before the position of the sun attained the tree tops.  The Chippewas wore blankets of bright and many colors.  Their weapons were concealed, and the quivers were the only things visible.  These were slung over the backs of the warriors.  As they arrived in the council ring, they were seated in the order of their arrival.  In the center, was a rack, which was regarded as a sacred stand, and upon this lay a large peace pipe.  This was made from light blue granite, decorated with selected eagle feathers.  The pipe itself bore an engraving of the American Eagle.

Ottawerreri was a signatory of the 1785 Treaty with the Wyandot, etc., at Fort McIntosh.

“Along towards noon twenty men entered the ring, each carrying a large kettle.  They served us three of the kettles, which were filled with well cooked food, consisting of fresh meat, fish, potatoes, squash and other edibles, which I cannot just now recall.  The ceremonial invocation was said by Chief Ottawerriri, or Ottawa Race, who walked to the center of the ring and spoke in a loud clear voice.  Saluting the heavens, he said:

I have faith in God, the Creator of mankind, and I hope that he will protect and guide us.  In two days we are invited to meet our great White Father’s children.  They tell me that they have a message which they wish to convey to us: that this message is directly from Washington.’

Zhaaganaashonzaabiwin
“Sog-ga-nash-she ak-ka-wab-be-we-ning”
“English Look-out Tower”

“According to the white man’s measurements of distance, I would say that we were about two miles from Fort MacIntosh, which the Indians called Sog-ga-nash-she Ak-ka-wob-be-we-ning, or English Look-out Tower.

Zagataagan
“Sug-ga-tog-gone”
“tinder, punk”
Niso-[????]
“Nah-sho-ah-ade”

“Three Sounding Winds”

“It was almost noon when the Ottawa chief called upon his war general, Neg-ga-neg-o-getche-dow, to deliver the Lake Superior War Pipe to the Chippewa chief.  The general rose to his feet and walked to the center of the ring.  In his hand he held the noted pipe. He filled it with tobacco and lit a good sized punk, in Chippewa Sug-ga-tog-gone, which was to be used in lighting the pipe later.  As the general placed the punk in the pipe, he made four circles around the council ring and ended by handing the pipe to Chief Buffalo.  The Chief took the pipe, and after drawing three or four puffs or whiffs from the pipe, and after drawing three or four puffs or whiffs from the pipe, handed it to one of his attendant chiefs, Nah-sho-ah-ade, the interpretation of whose name being ‘Three Sounding Winds.’  This chief rose to his feet, and coming to an erect position, addressed the assembly saying:

‘I trust in God.  He has heard me.  What pledge I made to you and my people, I am here ready to carry out and to stand by you.  Whatever may happen, my people, and the other Indian nation, are ready to obey my command.’

“He then ordered his leading war general to light up the Ottawa war pipe, which he did.  Then he went through the same performance as the Ottawa war general, except in the hollow of his are the Ottawa Wampum peace belt and presented both the pipe and the peace belt to the Ottawa war chief who accepted them, smoked for a minute or two, then stood up and thanked our chief.  A short prayer was offered by one of the Ottawa headmen, at the conclusion of which everyone said: ‘Oh’, meaning ‘Amen’. Then all the people assembled for the morning meal.  The prayer uttered by the Ottawa headman was a festive ceremonial offering.  After dinner the chief of the Ottawa nation bid all to adjourn and return to their camping sites until summoned to visit the fort.

[Giizhig??????]
“Kie-shik-kie-be-be-wan”
“sound of the Indian War Eagle”

Early one bright morning, shortly after the break of day, we heard the sound of the Indian War Eagle, Kie-shik-kie-be-be-gwan.  The meaning of this was clearly understood by all of the Algonquin nations.  Shortly after the bugle call, a runner came to tell the chief that each tribe was to leave immediately after finishing breakfast for the white man’s council house.  We hurried with our breakfasts and as soon as we were through we started out for Sog-ga-nash-she Ak-ak-wob-be-we-ning, or the English Look-out Tower.  When we got near there, all I could observe was a sea of eagle feathers, which were really the head-gears of those already there.  So magnificent were the head-gears, and so numerous were the eagle feathers adorning them, that a birds-eye view of the assembled group presented rather a field of eagle feathers than a group of warriors, or counselors.

Zhimaaganishag
“She-mog-gun-ne-shug”
“white soldiers”

“We were about the last party to arrive, and in a few minutes the meeting was called to order.  This white man’s wigwam was a packed house.  No business was taken up that day, the purpose of the meeting being to promote better acquaintance among the different bands. Runners from the various bands were invited to follow a few She-mog-gun-ne-shug, or soldiers.  Our runners asked me to accompany them, and the white men brought us to another white man’s wigwam.  I was never so surprised in all of my life, and in all of my days I never saw so much food stuffs.  The soldiers told us through interpreters that our Great White Father was going to feed us from now on.  They invited us to take anything that our chiefs and warriors could eat.  Out of pure astonishment I hesitated for a moment.  I didn’t know which way to move, or how to get started.

“I saw before me a large quantity of fresh pork, and spreading the top blanket I had on me, upon the ground, I placed several large pieces of the meat on the blanket, as well as tea, sugar, tobacco, and some bread which was as hard as the hip bone of a horse.  The interpreter laughed at me, and told me to take some, saying

Bakwezhigan
“Ba-tay-be-qua-zhe-gun”
“hard tack”
“bannock, bread”

‘When you cook your meat, put the bread in with it.  I know you will like it.  The white man likes it that way, and calls it Ba-tay-be-qua-zhe-gun or hard-tack.’

“Just as we were about to go, one of our men came in and offered to [??? ??? ???] told him to take a couple of the large kettles to cook with which he did.  He told us that we might just as well go to our camping grounds, as he had been instructed to come and tell us that nothing further would be done officially by the conference for several days.  Arriving at our camp site, we cooked a bountiful meal, including meat, potatoes and hominy, which we brought from the fort earlier in the afternoon, and when the rest of the party arrived we had our supper.

Commissioner Johnson is not listed as a signatory of the 1785 Treaty at Fort McIntosh, and could not be immediately identified elsewhere for this post.

“In about a week or so we were again notified that the council was to convene the following morning, that matters of vital importance were to be taken up, and that the council would be called to order by one of the white father’s children.  We started early on the morning of the day indicated.  When we got there, everything was in readiness and the council began in earnest.  Johnson, representing the United States government, arose, and after making his salutation, he said:

‘I bid you a hearty welcome to this place, and I ask, pray and trust that the Great Spirit will allow us to meet in this friendly spirit more frequently.  The Great White Father has now let down the bars, thus enabling all the tribes to meet his representatives in one common community, for the purpose of discussing the problems which affects them individually or as a tribe.  The Great White Father is your guardian and adviser, and henceforth all of you are under his protection.’

Wyandot leader Ha-ro-en-yan” could not be immediately identified for this post.  He may have signed the 1785 Treaty using a different name.
Niijiikinisayenh
“Ne-gie-chi ne-cieh”
“my greatest brother”
Nishiime-[weshki?ag]
“Ne-she-may-yence-see-doug”
“my young brothers”
Niijiibeshwaji’
“Ne-gie-ki-wayzis”
“my friendly brother”

“Mr. Johnson remained standing as Chief Ha-ro-en-yan, of the Wyandot Nation, arose and began to speak: ‘I respectfully request that the Lake Superior Chief, Ne-gie-chi ne-cieh (meaning my great brother), make the opening address.’  He also remained standing until Chief Buffalo stood up and addressed the gathering, thus: ‘Ne-she-may-yence-see-doug’ (my young brothers), and turning to Commissioner Johnson, he continued, ‘Ne-gie-ki-wayzis,’ (my friendly brother),

If your intentions are right and earnest, the Great Spirit will know; and if you neglect these promises in the future, he will punish you severely.  I have in my right hand a peace pipe made from a birth rights of the blue-blood clans of the Lake Superior Chippewas.  I am going to fill this sacred pipe, but before I light it I am going to tell you what my ancestors conveyed to my forefathers, and that is this: Many generations ago, long before the white man ever conceived the idea that the world was round, and that across the Atlantic new lands might be found, our great ancestors knew of the white man’s coming in the future.  Standing on the shores of the great Atlantic, they saw the coming of a strange craft, fluttering many white wings, and at the bow of the craft they saw a white man standing, holding in his hand a book — the word of God.  The build of this white man was the same as the Indians’, the only difference being that his complexion was light, or white, and that hair grew on his face.  Gitche-manitou, the Great Spirit, spoke to these old Indians, telling them that those they could see coming from the far East were their brothers, and that they should treat they courteously when they landed.  I shall light this noble pipe, and pledge again our friendship to the White Man, if you will carry our your promises.’

“Chief Buffalo then lit the sog-ga-tog-gon (punk), placed it on top of the tobacco in the pipe bowl, and making a circle with the pipe covering the four points of the compass, he presented the pipe to Mr. Johnson.  He received it with bowed head, and after taking a few whiffs, he returned it to Chief Buffalo, who in turn handed it to the Wyandot chief.  After the Wyandot had taken several puffs, he returned the pipe to Chief Buffalo, who now also took a few whiffs from it.  The Chippewa war general then stepped up, and the peace pipe was handed to him to pass to the chiefs and warriors, and to the other white men participating in the council.  Commissioner Johnson still stood up, and requesting the attention of the assembly, reached out his right hand to Chief Buffalo in token of friendship, saying

‘I am the proudest man that ever stood on two legs.  The pleasure of grasping your hand in this friendly spirit is all mine; and I only hope that we, as well as the rising and future generations, will always continue in this spirit of harmony.  Before returning to the Great White Father I must have some evidence to show what I have accomplished here, and I have therefore prepared a document for your acknowledgement.  In this document are embodied the promises the Great White Father has made to you through me.  It describes the boundary lines of your lands wherein you may hunt at will and in peace, and you may rest assured that the promises held out in this document shall be fulfilled to the letter.’

“After the treaty had been signed, a peace pipe ceremonial was performed, as a sanctification of the work done there.  Immediately thereafter the distribution of goods and food began, and the leading chiefs of each tribe were instructed to deliver a message to their people, that as soon as the water-ways became navigable, more goods would be delivered to various points for distribution to the Indians who were parties to this treaty.

Nabagidaabaan
“Nab-bug-gie-dob-bon”
“toboggan”

“We lost no time in returning to our homes in Madeline Island.  It was then the latter part of February.  To handle their loads better, the Indians made tobaggons, or Nab-bug-gie-dob-bon.  I had a large load of goods on my tobaggon, and when I got home a distribution was made to our relatives and friends, making an equal division of the goods and food I had brought.  As far as I can now recall, that was the last benefit we ever got out of the treaty so solemnly concluded.”

“The foregoing is an account of the activities of the Indians within the dates mentioned, part of which was related to me by my grandfather, and a part relating my own experiences.  In conclusion, I wish to state a few facts concerning the establishment of the Bad River Reservation.

The survey of The Gardens at Odanah is featured in the Joel Allen Barber Papers.  Joseph Stoddard would have been working for Augustus Barber and George Riley Stuntz as they surveyed the Bad River Reservation during the winter of 1854.

“In the winter of 1854 a general survey was made of the Bad River Indian Reservation.  My father was a member of the survey crew, but was unable to take up his work on account of the fact that he injured himself while he

[line(s) of text missing from bottom of page 18]

“As he could not join the survey crew, and realizing that I owed my parents a debt for the many sacrifices they made in my behalf in the early period of my life, I determined to join this party if possible.  I asked my father to speak to the foreman for me, and when my application was accepted, no one in the world was happier than I was.  I was happy in the thought that I would be able to support my family, and reciprocate to a small extent, at least, for their care of me from infancy.

“A half-breed Frenchman, named Antoine Soulier, was the cook.  The crew consisted of five white men, and about the same number of Indians.  My duties were to provide water for the crew, and to attend to the chores around the camp.

Gichi-ziibiiwishenhnyan (“Ke-che-se-be-we-she”) is Oronto Creek at Saxon Harbor.  This is the same place as the Ironton townsite in the Barber Papers and Penokee Survey Incidents.
1854 Treaty with the Chippewa:
2nd Clause of Article 2;
“For the La Pointe band, and such other Indians as may see fit to settle with them, a tract of land bounded as follows: 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-che-se-be-we-she, running thence south to a line drawn east and west through the centre of township forty-seven north, thence west to the west line of said township, thence south to the southeast corner of township forty-six north, range thirty-two west, thence west the width of two townships, thence north the width of two townships, thence west one mile, thence north to the lake shore, and thence along the lake shore, crossing Shag-waw-me-quon Point, to the place of beginning. Also two hundred acres on the northern extremity of Madeline Island, for a fishing ground.”
Township 46 north, Range 32 west is near Kansas City, Missouri.

“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.”

Detail of La Pointe Band Reservation including Gichi-ziibiiwishenhnyan in a letter dated March 30th, 1855, from the Commissioner John Wilson of the General Land Office to General Surveyor Warner Lewis at Dubuque, Iowa: "For the Lapointe and other Indians, the body of land on the shore of Lake Superior, immediately west of Montreal river together with 200 acres on the Northern extremity of Madeline Island (all full colored blue on diagram A.) under the 2nd clause of the 2nd Article of the Treaty." ~ National Archives Microfilm Publications; Microcopy No. 27; Roll 16; Volume 16.

Detail of La Pointe Band Reservation including Gichi-ziibiiwishenhnyan (Saxon Harbor) in a letter dated March 30th, 1855, from the Commissioner John Wilson of the General Land Office to General Surveyor Warner Lewis at Dubuque, Iowa:
“For the Lapointe and other Indians, the body of land on the shore of Lake Superior, immediately west of Montreal river together with 200 acres on the Northern extremity of Madeline Island (all full colored blue on diagram A.) under the 2nd clause of the 2nd Article of the Treaty.”
~ National Archives Microfilm Publications; Microcopy No. 27; Roll 16; Volume 16.