By Leo

In April, the Supreme Court heard arguments in the case Department of Commerce v. New York and could render a decision any day on whether or not the 2020 federal census should include a question asking about citizenship status.  In January, a Federal District Court in New York ruled that commerce secretary, Wilbur Ross, violated the law by pushing for that question.

Those in agreement with the District ruling suggest that the Trump administration wants to add the question as a way of discouraging immigrants from participating in the census, thereby diminishing the political power of immigrant communities.  This, they say, would violate the Constitution on the grounds that the census must be an “actual enumeration” of all persons within the United States, not only citizens.

Proponents of the citizenship question counter that citizenship status is a perfectly natural question to ask in the census, that any government would want to know how many citizens it has, and that several past iterations of the 10-year count have included similar questions.

It remains to be seen how the Supreme Court will rule, but chances are it will not be the last time an issue of race, identity, or citizenship pops up in the politics of the census.  From its creation by the Constitution as a way to apportion seats in congress according to populations of the states, the count has always begged tricky questions that essentially boil down to:

Who is a real American?  Who isn’t?  Who is a citizen?  Who is three-fifths of a human being?  Who might not be human at all?  What does it mean to be White?  To be Colored? To be civilized?  How do you classify the myriad of human backgrounds, cultures and stories into finite, discrete “races?”

The Civil War and Fourteenth Amendment helped shed light on some of these questions, but it would be a mistake to think that they belong to the past.  The NPR podcast Codeswitch has done an excellent series on census, and this episode from last August gives a broad overview of the history.

Here at Chequamegon History, though, we aren’t in the business broad overviews.  We are going to drill down right into the data.  We’ll comb through the 1850 federal census for La Pointe County and compare it with the 1860 data for La Pointe and Ashland Counties. Just for fun, we’ll compare both with the 1855 Wisconsin State Census for La Pointe County, then double back to the 1840 federal census for western St. Croix County.  Ultimately, the hope is to help reveal how the population of the Chequamegon region viewed itself, and ultimately how that differed from mainstream America’s view.  With luck, that will give us a framework for more stories like Amorin’s recent post on the killing of Louis Gurnoe.

Background

Daniel Harris JohnsonJudge Daniel Harris Johnson of Prairie du Chien had no apparent connection to Lake Superior when he was appointed to travel northward to conduct the census for La Pointe County in 1850.  The event made an impression on him. It gets a mention in his short memorial biography in the 1902 Proceedings of the State Bar Association.

Two years after statehood, Lake Superior’s connection to the rest of Wisconsin was hardly existent.  This was long before Highways 51 and 53 were built, and commerce still flowed west to east.  Any communication to or from Madison was likely to first go through Michigan via Mackinaw and Sault Ste. Marie, or through Minnesota Territory via St. Paul, Stillwater, and Sandy Lake.  La Pointe County had been created in 1845, and when official business had to happen, a motley assortment of local residents who could read and write English:  Charles Oakes, John W. Bell, Antoine Gordon, Alexis Carpentier, Julius Austrian, Leonard Wheeler, etc. would meet to conduct the business.

It is unclear how much notice the majority Ojibwe and French-patois speaking population took of this or of the census generally.  To them, the familiar institutions of American power, the Fur Company and the Indian Agency, were falling apart at La Pointe and reorganizing in St. Paul with dire consequences for the people of Chequamegon.  When Johnson arrived in September, the Ojibwe people of Wisconsin had already been ordered to remove to Sandy Lake in Minnesota Territory for their promised annual payments for the sale of their land.  That fall, the government would completely botch the payment, and by February, hundreds of people in the Lake Superior Bands would be dead from starvation and disease.

So, Daniel Johnson probably found a great deal of distraction and anxiety among the people he was charged to count.  Indians, thought of by the United States as uncivilized federal wards and citizens of their own nations, were typically not enumerated.  However, as I wrote about in my last post, race and identity were complicated at La Pointe, and the American citizens of the Chequamegon region also had plenty to lose from the removal.

Madison, for its part, largely ignored this remote, northern constituency and praised the efforts to remove the Ojibwe from the state.  It isn’t clear how much Johnson was paying attention to these larger politics, however.  He had his own concerns:

Johnson1Johnson2Johnson3

House Documents, Volume 119, Part 1.  U.S. Government Printing Office, 1859.  Google Books.

So, in “that thinly settled and half civilized region,” Johnson only found a population of about 500, “exclusive of Indians.”  He didn’t think 500 was a lot, but by some counts, that number would have seemed very high.  Take the word of a European visitor to La Pointe:

Among 200 Indians, only a few white families live there. One of the boatmen gave us a name, with which we found Mr. Austrian.                           

~Carl Scherzer, 1852

And, from this Mr. Austrian, himself:

There were only about 6 white American inhabitants on the Island, about 50 Canadian Frenchmen who were married to squaws, and a number of full blooded Indians, among whom was chief Buffalo who was a descendant of chiefs & who was a good Indian and favorably regarded by the people.

~Joseph Austrian, Brother of Julius and La Pointe resident 1851-52

Who lived around La Pointe in 1850?

In her biography, William W. Warren:  the Life, Letters, and Times of an Ojibwe LeaderTheresa Schenck describes the short life of an ambitious young man from La Pointe.  William Whipple Warren (1825-1853) grew up on the Island speaking Ojibwe as his first language.  His father was a Yankee fur trader from New York.  His mother was a daughter of Michel and Madeline Cadotte.  In his famous History of the Ojibways Warren describes the Ojibwe as people with whom he readily claims kinship, but he doesn’t write as if he is an Ojibwe person himself.  However, he helped interpret the Treaty of 1847 which had definitively made him an Indian in the eyes of the United States (a fact he was willing to use for economic gain).  Still, a few years later, when he became a legislator in Minnesota Territory he dismissed challenges to his claims of whiteness.

If he were alive today, Warren might get a chuckle out of this line from the South African comedian Trevor Noah.

People mocked me. Gave me names like mixed breed, half caste — I hate that term ‘half’. Why half? Why not double? Or twice as nice, I don’t know.

— Trevor Noah

William Warren did not see himself as quite the walking contradiction we might see him as today.  He was a product of the time and place he came from:  La Pointe.  By 1850, he had left that place, but his sister and a few hundred of his cousins still lived there. Many of them were counted in the census.

What is Metis?

Half-breeds, Mixed-bloods, Frenchmen, Wiisakodewininiwag, Mitif, Creoles, Metis, Canadiens, Bois Brules, Chicots, French-of-the-country, etc.–at times it seems each of these means the same thing. At other times each has a specific meaning. Each is ambiguous in its own way.  In 1850, roughly half the families in the Chequamegon area fit into this hard-to-define category.

Kohl1

Kohl2

Kohl, J. G. Kitchi-Gami: Wanderings around Lake Superior. London: Chapman and Hall, 1860.  pg. 260-61.
“Where do I stay?  I cannot tell you.  I am a voyageur–I am a Chicot, sir.  I stay everywhere.  My grandfather was a voyageur; he died on voyage.  My father was a voyageur; he died on voyage.    I will also die on voyage and another Chicot will take my place.” ~Unnamed voyageur qtd. in Kohl
We were accompanied on our trip throughout the lakes of western Canada by half-Indians who had paternal European blood in their veins.  Yet so often, a situation would allow us to spend a night inside rather than outdoors, but they always asked us to choose to Irish camp outside with the Indians, who lived at the various places.  Although one spoke excellent English, and they were drawn more to the great American race, they thought, felt, and spoke—Indian!  ~Carl Scherzer

 

 

 

 

 

In describing William Warren’s people, Dr. Schenck writes,

Although the most common term for people of mixed Indian and European ancestry in the nineteenth century was “half-breed,” the term “mixed blood” was also used.  I have chosen to use the latter term, which is considered less offensive, although biologically inaccurate, today.  The term “métis” was not in usage at the time, except to refer to a specific group of people of mixed ancestry in the British territories to the north.  “Wissakodewinini,” the word used by the Ojibwe, meant “burned forest men,” or bois brulés in French, so called because half-breeds were like the wood of a burned forest, which is often burned on one side, and light on the other (pg. xv).

Schenck is correct in pointing out that mixed-blood was far more commonly used in 19th-century sources than Metis (though the latter term did exist).  She is also correct in saying that the term is more associated with Canada and the Red River Country.  There is an additional problem with Metis, in that 21st-century members of the Wannabe Tribe have latched onto the term and use it, incorrectly, to refer to anyone with partial Native ancestry but with no affiliation to a specific Indian community.

That said, I am going to use Metis for two reasons.  The first is that although blood (i.e. genetic ancestry) seemed to be ubiquitous topic of conversation in these communities, I don’t think “blood” is what necessarily what defined them.  The “pure-blooded French Voyageur” described above by Kohl clearly saw himself as part of Metis, rather than “blanc” society.  There were also people of fully-Ojibwe ancestry who were associated more with Metis society than with traditional Ojibwe society (see my post from April).  As such, I find Metis the more versatile and accurate term, given that it means “mixed,” which can be just as applicable to a culture and lifestyle as it is to a genetic lineage.

louis_riel.jpg

One time Canadian pariah turned national hero, Louis Riel and his followers had cousins at La Pointe (Photo:  Wikipedia)

The second reason I prefer Metis is precisely because of the way it’s used in Manitoba.  Analogous to the mestizo nations of Latin America, Metis is not a way of describing any person with Native and white ancestry.  The Metis consider themselves a creole-indigenous nation unto themselves, with a unique culture and history.  This history, already two centuries old by 1850, represents more than simply a borrowed blend of two other histories.  Finally, the fur-trade families of Red River came from Sault Ste. Marie, Mackinac, Grand Portage, and La Pointe. There were plenty of Cadottes, Defaults, Roys, Gurnoes, and Gauthiers among them.  There was even a Riel family at La Pointe.  They were the same nation    

Metis and Ojibwe Identity in the American Era

When the 1847 Treaty of Fond du Lac “stipulated that the half or mixed bloods of the Chippewas residing with them shall be considered Chippewa Indians, and shall, as such, be allowed to participate in all annuities which shall hereafter be paid…” in many ways, it contradicted two centuries of tradition.  Metis identity, in part, was dependent on not being Indian.  They were a minority culture within a larger traditional Anishinaabe society.  This isn’t to say that Metis people were necessarily ashamed of their Native ancestors–expressions of pride are much easier to find than expressions shame–they were just a distinct people. This was supposedly based in religion and language, but I would argue it came mostly from paternal lineage (originating from highly-patriarchal French and Ojibwe societies) and with the nature of men’s work.  For women, the distinction between Ojibwe and Metis was less stark.

The imposition of American hegemony over the Chequamegon region was gradual.  With few exceptions, the Americans who came into the region from 1820 to 1850 were adult men.  If new settlers wanted families, they followed the lead of American and British traders and married Metis and Ojibwe women. 

Still, American society on the whole did not have a lot of room for the racial ambiguity present in Mexico or even Canada.  A person was “white” or “colored.”  Race mixing was seen as a problem that affected particular individuals.  It was certainly not the basis for an entire nation.  In this binary, if Metis people weren’t going to be Indian, they had to be white.

The story of the Metis and American citizenship is complicated and well-studied.  There is risk of overgeneralizing, but let’s suffice to say that in relation to the United States government, Metis people did feel largely entitled to the privileges of citizenship (synonymous with whiteness until 1865), as well as to the privileges of Ojibwe citizenship.  There wasn’t necessarily a contradiction.

Whatever qualms white America might have had if they’d known about it, Metis people voted in American elections, held offices, and were counted by the census.

Ojibwe “Full-bloods” and the United States Census

Representatives and direct Taxes shall be apportioned among the several States which
may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.     

~Excerpt from Article I Section II, U. S. Constitution

As I argued in the April post, our modern conception of “full-blood” and “mixed-blood” has been shaped by the “scientific” racism of the late 19th and early 20th centuries.  The distinction, while very real in a cultural sense, was not well-grounded in biology.

The relationship of Indians (i.e. full-bloods or those living a traditional lifestyle) to American society and citizenship was possibly more contradictory then that of the Metis.  In one sense, America saw Indians as foreigners on their own continent:  either as enemies to be exterminated, or as domestic-dependent ward nations to be “protected.”  The constitutional language about the census calls for slaves to be counted as three-fifths of a person.  It says Indians shouldn’t be counted at all.

In another sense, however, the path to personhood in America was somewhat clearer for Indians than it was for African Americans.  Many New England liberals saw exodus to Liberia as the only viable future for free blacks. These same voices felt that Indians could be made white if only they were separated from their religions, cultures, and tribal identities.  In 1834, to avoid a second removal, the Brothertown Indians of Wisconsin petitioned congress for citizenship and the termination of collective title to their tribal lands.  In 1839, their request was granted.  In the eyes of the law, they had effectively become white.  Other communities would follow suit.  However, most Native people did not gain any form of American citizenship until 1924.

How did that play out for the Ojibwe people of Chequamegon, and how did it impact the 1850 census?  Well, it’s complicated.

Race, the Census, and Classifying Households 

The enumeration forms Daniel H. Johnson carried to La Pointe had more rows and columns than ever.  The Seventh Census was the first to count everyone in the household by name (previous versions only listed the Head of Household with tally marks).  It was also the first census to have a box for “color.”  Johnson’s choices for color were “white,” “black,” and “mulatto,” forcing him to make some decisions.

He seems to have tried to follow the Indians not taxed clause strictly.  40-50% of households in the region were headed by a full-blood Ojibwe person, possibly only two of them were enumerated.  You won’t find Chief Buffalo, Makadebinesi (Blackbird), Oshkinaawe, Omizhinaawe, Edawegiizhig, and their immediate families in the 1850 census.  Jechiikwii’o (often called Little Buffalo) is not in the document, even though he was an early Catholic convert, dressed in “white” clothing, and counted more Metis Ojibwe among his followers than full-bloods.  However, his son, Antoine Buffalo Sr. (Antoine Jachequaon) is counted.  Antoine, along with George Day, were counted as white heads of household by the census, though it is unclear if they had any European ancestry (Sources conflict.  If anyone has genealogical information for the Buffalo and Day families, feel free to comment on the post).  A handful of individuals called full-bloods in other sources, were listed as white.  This includes 90-year old Madeline Cadotte, Marie Bosquet, and possibly the Wind sisters (presumably descendants of Noodin, one of the St. Croix chiefs who became Catholic and relocated to La Pointe around this time).  They were married to Metis men or lived in Metis households.  All Metis were listed as white.

Johnson did invent new category for five other Ojibwe people:  “Civilized Indian,” which he seemed to use arbitrarily.  Though also living in Metis households, Mary Ann Cadotte, Osquequa Baszina, Marcheoniquidoque, Charlotte Houle, and Charles Loonsfoot apparently couldn’t be marked white the way Madeline Cadotte was.  These extra notations by Johnson and other enumeration marshals across the country are why the Seventh Federal Census is sometimes referred to as the first to count Native Americans.        

Enumerated Population by Race_ (1850 Census La Pointe and Bad River).svg

So, out of 470 individuals enumerated at La Pointe and Bad River (I’ve excluded Fond du Lac from my study) Johnson listed 465 (99%) as white.  By no definition, contemporary or modern, was the Chequamegon area 99% white in 1850.  The vast majority of names on the lines had Ojibwe ancestry, and as Chippewas of Lake Superior, were receiving annuities from the treaties.

There were a few white American settlers.  The Halls had been at La Pointe for twenty years.  The Wheelers were well-established at Odanah.  Junius and Jane Welton had arrived by then.  George Nettleton was there, living with a fellow Ohioan James Cadwell.  The infamous Indian agent, John Watrous, was there preparing the disastrous Sandy Lake removal.  Less easy to describe as American settlers, but clearly of European origins, Fr. Otto Skolla was the Catholic priest, and Julius Austrian was the richest man it town.

There were also a handful of American bachelors who had drifted into the region and married Metis women.  These first-wave settlers included government workers like William VanTassel, entrepreneurs like Peter VanderVenter, adventurers with an early connection to the region like Bob Boyd and John Bell, and homesteaders like Ervin Leihy.

For several reasons, Metis genealogy can be very difficult.  For those interested in tracing their La Pointe ancestors to Quebec or anywhere else, Theresa Schenck’s All Our Relations:  Chippewa Mixed Bloods and the Treaty of 1837 is an absolutely essential resource.

It is unclear how many of French-surnamed heads of household were Chicots (of mixed ancestry) and how many were Canadiens (of fully-French ancestry).  My sense is that it is about half and half.  Some of this can be inferred from birthplace (though a birthplace of Canada could indicate across the river at Sault Ste. Marie as easily it could a farm in the St. Lawrence Valley).  Intense genealogical study of each family might provide some clarifications, but I am going to follow Kohl’s voyageurs and not worry too much about it.  Whether it was important or not to Jean Baptiste Denomie and Alexis Carpentier that they had no apparent Indian ancestry and that they had come from “the true homeland” of Quebec, for all intents and purposes they had spent their whole adult lives in “the Upper Country,” and their families were “of the Country.”  They were Catholic and spoke a form of French that wasn’t taught in the universities.  American society would not see them as white in the way it saw someone like Sherman Hall as white.

So, by my reckoning, 435 of the 470 people counted at La Pointe  (92.5%) were Metis, full-blood Ojibwe living in Metis households, or Canadians in Metis families.  Adding the five “Civilized Indians” and the six Americans married into Metis families, the number rises to 95%.  I am trying to track down accurate data on the of Indians not taxed (i.e. non-enumerated full-bloods) living at or near La Pointe/Bad River at this time.  My best estimates would put it roughly the same as the number of Metis.  So, when Johnson describes a land with a language and culture foreign to English-speaking Americans, he’s right.

Birthplace, Age, and Gender

Ethnic composition is not the only data worth looking at if we want to know what this area was like 169 years ago.  The numbers both challenge and confirm assumptions of how things worked.

Let’s take mobility for example:

Reported Birthplace_ (1850 Census La Pointe and Bad River).svg

The young voyageur quoted by Kohl may have felt like he didn’t have a home other than en voyage, but 86% of respondents reported being born in Wisconsin.  Except for ten missionary children, all of these were Metis or “Civilized Indian.”  Wisconsin could theoretically mean Lac du Flambeau, Rice Lake, or even Green Bay, this but this number still seemed high to me.  I’m guessing more than 14% of 21st-century Chequamegon residents were born outside the state, and 19th-century records are all about commerce, long-distance travel, and new arrivals in new lands.  We have to remember that most of those records are coming from that 14%.

In September of 1850 the federal government was telling the Ojibwe of Wisconsin they needed to leave Wisconsin forever.  How the Metis fit into the story of the Sandy Lake Tragedy has always been somewhat fuzzy, but this data would indicate that for a clear majority, it meant a serious uprooting.

For those born outside Wisconsin, more than two-thirds reported being born in Michigan, Canada, or Minnesota Territory.  These are overwhelmingly Metis or in the case of Anglo-Canadians like Robert Morrin, heads of Metis households from areas with a fur-trade tradition.  Only eighteen individuals reported being born in the eastern United States.  Only three reported Europe.

I had more questions than assumptions about the gender and age breakdown of the population.  Would there be more women than men because of the dangerous jobs done by men or would mortality from childbirth balance that out?  Or maybe widows wouldn’t be counted if they returned to the wigwams of their mothers?  How would newcomers skew the age and gender demographics of the area?

Let’s take a look:

AG1 Total Enumerated Age Gender

A quick glance at Figure AG 1 shows that the population skewed male 248-222 and skewed very young (61% under 20 years old).  On the eve of Sandy Lake, the natural increase in the population seemed to be booming.

Wisconsin-Born_ (1850 Census La Pointe and Bad River) by Age and Gender.svg

The hypotheses that women had higher mortality rates and were more likely to be undercounted looked good until we limit the data to the Wisconsin-born population.  In Figure AG 2, we see that the male majority disappears entirely.  The youthful trend, indicating large families and a growing population, continues with 66% of the Wisconsin-born population being under 20.

Non-Wisconsin-Born_ (1850 Census La Pointe and Bad River) by Age and Gender.svg

The male skew of the total population was entirely due to those born outside Wisconsin.  This is not surprising given how much we’ve emphasized the number of men who came into the Lake Superior country to marry local women.

A look at the oldest residents in chart AG 2 and AG 3 hints at another story.  Madeline Cadotte is the only Wisconsin-born person over seventy to be counted.  The oldest men all came from Michigan and Canada.  Why?  My hypothesis is that between the fall of New France in 1759 and the establishment of Michel Cadotte’s post sometime around 1800, there wasn’t a large population or a very active fur trade around La Pointe proper.  That meant Cadotte’s widow and other full bloods were the oldest locally-born residents in 1850.  Their Metis contemporaries didn’t come over from the Soo or down from Grand Portage until 1810 or later.

Economics

Before the treaties, the economy of this area was built on two industries:  foraging and trade.  Life for Ojibwe people revolved around the seasonal harvest of fish, wild rice, game, maple sugar, light agriculture, and other forms of gathering food directly from the land.  Trade did not start with the French, and even after the arrival of European goods into the region, the primary purpose of trade seemed to be for cementing alliances and for the acquisition of luxury goods and sacred objects.  Richard White, Theresa Schenck, and Howard Paap have all challenged the myth of Ojibwe “dependence” on European goods for basic survival, and I find their arguments persuasive.

Trade, though, was the most important industry for Metis men and La Pointe was a center of this activity.  The mid-19th century saw a steep decline in trade, however, to be replaced by a toxic cycle of debts, land sales, and annuity payments.  The effects of this change on the Metis economy and society seem largely understudied.  The fur trade though, was on its last legs. Again, the Austrian travel writer Carl Scherzer, who visited La Pointe in 1852:

After this discussion of the of the rates of the American Fur Company and its agents, we want to add some details about the men whose labor and time exerted such a great influence on the fate and culture of the Indian tribes. We wish to add a few explanatory words about the sad presence on La Pointe of the voyageurs or courriers du bois.

This peculiar class of people, which is like a vein of metal that suddenly disappears within the bedrock and reappears many hundreds of miles away under the same geological conditions, their light reaches the borders of the eastern Canadas. The British people, with their religion and customs, reappeared on the shores of these northern lakes only in 1808 with the Fur Company. For labor they drew on those who could carry their wares across the lakes and communicate with the Indians.

Many young men of adventurous natures left the old wide streets of Montreal and moved into the trackless primeval forests of the West. Young and strong as laborers, they soon started to adopt the lifestyle and language of the aborigines. They married with the Indians and inhabit small settlements scattered throughout those mighty lands which begin at Mackinow Island and come up the upper lake to the region of Minnesota. They almost all speak the Canadian patois along with the language of the Chippewas, the tribe with which they came into kinship. We found only a few, even among the younger generation, who understood English.

Since then, every day the population of the otherwise deserted shore of Lake Superior increases with the discovery of copper mines. The animals driven away by the whirlwind of civilization toward the west, attract the Indians with their sensitive guns, leaving La Pointe, abandoned by the Company for their headquarters at St. Paul in Minnesota. Most voyageurs left the island, having seen their business in ruins and lacking their former importance. Just a few families remain here, making a meager livelihood of hunting, fishing, and the occasional convoy of a few travelers led by business, science, or love of nature who purchase their limited resources.

From Scherzer’s description, two things are clear.  It’s pretty clear from the flowery language of the Viennese visitor.Washington Irving and other Romantic-Era authors had already made the Voyageur into the stock stereotypical character we all know today. Th only change, though, is these days voyageurs are often depicted as representatives of white culture, but that’s a post for another time.

The second item, more pertinent to this post, is that a lot of voyageurs were out of work.  This is especially relevant when we look at our census data.  Daniel Johnson recorded the occupations of all males fifteen or over:

Occupations (1850 Census La Pointe and Bad River) 135 men, 15 years or older, listed with occupations.svg

A full 55% of enumerated men fifteen and older still identified themselves as voyageurs in 1850.  This included teenagers as well as senior citizens.  All were from Metis households, though aside from farmer, all of the other occupation categories in Figure O 1 included Metis people.

Mean Household Size by Occupation_ (1850 Census La Pointe and Bad River) .svg

A look at household sizes did not show voyageurs having to support significantly larger or smaller families when compared to the other occupation categories.

The other piece of economic data collected was value of real estate.  Here we see some interesting themes:

valueofrealestate1850Census.svg

If real estate is a good proxy for wealth in a farming community, it is an imperfect one in the Chequamegon area of 1850.  If a voyageur had no home but the river and portage, then we might not expect him to put his coin into land and buildings.  A teacher or Indian agent might draw a consistent salary but then live in supplied housing before moving on.  With that caveat, let’s dig into the data.

Excluding the single farmer, men in the merchant/trader group controlled the most wealth in real estate, with Julius Austrian controlling as much as the other merchants combined.  Behind them were carpenters and men with specific trades like cooper or shoemaker.  Those who reported their occupation generally as “laborer” were not far behind the tradesmen.  I suspect their real estate holdings may be larger and less varied than expected because of the number of sons and close relatives of Michel Cadotte Sr. who identified themselves as laborers.  Government and mission employees held relatively little real estate, but the institutions they represented certainly weren’t lacking in land or power.  Voyageurs come in seventh, just behind widows and ahead of fishermen of which there were only four in each category.

It is interesting, though, that the second and third richest men (by real estate) were both voyageurs, and voyageur shows a much wider range of households than some of the other categories:  laborers in particular.  With the number of teenagers calling themselves voyageurs, I suspect that the job still had more social prestige attached to it, in 1850, than say farmer or carpenter.

With hindsight we know that after 1854, voyageurs would be encouraged to take up farming and commercial fishing.  It is striking, however, how small these industries were in 1850.  Despite the American Fur Company’s efforts to push its Metis employees into commercial fishing in the 1830s, and knowing how many of the family names in Figure O 3 are associated with the industry, commercial fishing seemed neither popular nor lucrative in 1850.  I do suspect, however, that the line between commercial and subsistence fishing was less defined in those days and that fishing in general was seen as falling back on the Indian gathering lifestyle.  It wouldn’t be surprised if all these families were fishing alongside their Ojibwe relatives but didn’t really see fishing (or sugaring, etc.) as an occupation in the American sense.

Finally, it could not have escaped the voyageurs notice that while they were struggling, their former employers and their employers educated sons were doing pretty well.   They also would have noticed that it was less and less from furs. Lump annuity payments for Ojibwe land sales brought large amounts of cash into the economy one day a year.  It must have felt like piranhas with blood in the water.  Alongside their full-blood cousins, Metis Ojibwe received these payments after 1847, but they had more of a history with money and capitalism. Whether to identify with the piranha or the prey would have depended on all sorts of decisions, opportunities and circumstances.

Education and Literacy

The census also collected data on education and literacy, asking whether children had attended school within the year, and whether adults over twenty could read and write.  The history of white education efforts in this area are fairly well documented.  The local schools in 1850 were run by the American Board of Commissioners of Foreign Missions (A.B.C.F.M.) at the La Pointe and Odanah missions, and an entire generation had come of age at La Pointe in the years since Rev. Sherman Hall first taught out of Lyman Warren’s storehouse in 1831.  These Protestant ministers and teachers railed against the papists and heathens in their writings, but most of their students were Catholic or traditional Ojibwe in religion.  Interestingly, much of the instruction was done in the Ojibwe language.  Unfortunately, however, the census does not indicate the language an individual is literate in.  I highly recommend The Ojibwe Journals of Edmund F. Ely, 1833-1849 if you are interested in these topics.

To start with, though, let’s look at how many people were going to school:

Number of Pupils by Age_ (1850 Census La Pointe and Bad River).svg

Thirty-nine students had gone to school in the previous year.  There is a lot of sample-size noise in the data, but it seems like ages 7-11 (what we would call the upper-elementary years) were the prime years to attend school.

Reported School Attendance for Children Ages 5-16_ (1850 Census La Pointe and Bad River).svg

Overall, most children had not attended school within the year.  Attendance rates were slightly higher for boys than for girls.  White children, all from two missionary families, had a 100% attendance rate compared to 24% for the Metis and “Civilized Indian” children.

We should remember, however, that not attending school within the year is not the same as having never attended school.  Twelve-year-old Eliza Morrin (later Morrison) is among the number that didn’t attend school, but she was educated enough to write her memoirs in English, which was her second language. They were published in 2002 as A Little History of My Forest Life, a fascinating account of Metis life in the decades following 1854.

Eliza’s parents were among the La Pointe adults who could read and write.  Her aunt, uncle, and adult cousins in the neighboring Bosquet (Buskey) house were not.  Overall, just over half of adults over 20 were illiterate without a significant gender imbalance.  Splitting by birthplace, however, shows the literacy rate for Wisconsin-born (i.e. Metis and “Civilized Indian”) was only 30%, down from the overall male literacy rate of 48%.  For Wisconsin-born women, the drop is only three points, from 47% to 44%.  This suggests Metis women were learning to read while their husbands and brothers (perhaps en voyage) were not.

Literacy Rate for Adults over 20 (1850 Census La Pointe and Bad River) by Gender and Birthplace_.svg

And this is exactly what the data say when we split by occupation.  The literacy rate for voyageurs was only 13%.  This beats fisherman–all four were illiterate–but lagged far behind all other types of work.

Literacy Rate for Adults over 20 (1850 Census La Pointe and Bad River) by Occupation_.svg

If education was going to be a factor in the economic mobility of unemployed voyageurs, the trends weren’t looking good.

Odds and Ends

Two marriages were reported as occurring in the year previous to the census:  Peter and Caroline Vanderventer and Pierre and Marguerite Robideaux (ak.a. Peter and Margaret Rabideaux).   Though married, however, Caroline was not living with her husband, a 32-year old grocer from New York.  She (along with their infant daughter) was still in the home of her parents Benjamin and Margaret Moreau (Morrow).  The Vanderventers eventually built a home together and went on to have several more children. It appears their grandson George Vanderventer married Julia Rabideaux, the granddaughter of Peter and Margaret.

I say appears in the case of George and Julia, because Metis genealogy can be tricky.  It requires lots of double and triple checking.  Here’s what I came across when I once tried to find an unidentified voyageur known only as Baptiste:

Voyageurs by Given Name (1850 Census La Pointe and Bad River)

Sometimes it feels like for every Souverain Denis or Argapit Archambeau, there are at least 15 Jean-Baptiste Cadottes, 12 Charles Bresettes, 10 Francois Belangers and 8 Joseph DeFoes.  Those old Canadian names had a way of persisting through the generations.  If you were a voyageur at La Pointe in 1850, there was nearly a 30% chance your name was Jean-Baptiste. To your friends you might be John-Baptist, Shabadis, John, JB, or Battisens, and you might be called something else entirely when the census taker came around.

The final column on Daniel Johnson’s census asked whether the enumerated person was “deaf and dumb, blind, insane, idiotic, pauper, or convict.”  20 year-old Isabella Tremble, living in the household of Charles Oakes, received the unfortunate designation of idiotic.  26-year-old Francois DeCouteau did not have a mark in that column, but had “Invalid” entered in for his occupation.    It’s fair to say we’ve made some progress in the treatment of people with disabilities.

Final Thoughts

I am not usually a numbers person when it comes to history.  I’ll always prefer a good narrative story, to charts, tables, and cold numbers.  Sometimes, though, the numbers help tell the story.  They can help us understand why when Louis Gurnoe was killed, no one was held accountable.  At the very least, they can help show us that the society he lived in was under significant stress, that the once-prestigious occupation of his forefathers would no longer sustain a family, and that the new American power structure didn’t really understand or care who his people were.

Ultimately, the census is about America describes itself.  From the very beginning, it’s never been entirely clear if in E. pluribus unum we should emphasize the pluribus or the unum.  We struggled with that in 1850, and we still struggle today.  To follow the Department of Commerce v. New York citizenship case, I recommend Scotusblog.  For more census posts about this area in the 19th century, keep following Chequamegon History.

Sources, Data, and Further Reading
  • Paap, Howard D. Red Cliff, Wisconsin a History of an Ojibwe Community ; Volume 1 The Earliest Years: the Origin to 1854. North Star Press of St. Cloud, Inc., 1854.
  • Satz, Ronald N. Chippewa Treaty Rights: the Reserved Rights of Wisconsin’s Chippewa Indians in Historical Perspective. University of Wisconsin Press, 1997.
  • Original Census Act of May 23, 1850 (includes form and instructions for marshals). (PDF)
  • Compiled data spreadsheets (Google Drive Folder) I’ll make these a lot more user friendly in future census posts.  By the time it occurred to me that I should include my tables in this post, most of them were already done in tally marks on scrap paper.
  • Finally, these are the original pages, scanned from microfilm by FamilySearch.com.  I included the image for Fond du Lac (presumably those living on the Wisconsin side of the St. Louis River) even though I did not include it in any of the data above.

 

 

By Amorin Mello

 


 

Selected letters from the

Wheeler Family Papers,

Box 3, Folders 11-12; La Pointe County.

 


 

This unsigned letter appears to be from Reverend Sherman Hall, who formerly lived at La Pointe with his family from 1831 until 1853.

Crow-wing, Min. Ter.

Jan. 9th 1854

Brother Wheeler,

Reverend Leonard Hemenway Wheeler ~ In Unnamed Wisconsin by Silas Chapman, 1895, cover image.

Presbyterian Minister Leonard Wheeler and his wife Harriet Wood Wheeler moved to La Pointe in 1841, where they likely witnessed the 1st Treaty at La Pointe in 1842.
The Wheelers relocated to Odanah on Bad River in 1845, where they erected a Protestant mission and invented the iconic Eclipse windmill for pumping water. 
Rev. Wheeler became a signatory of the 2nd Treaty at La Pointe on September 30th, 1854.

Though not indebted to you just now on the score of correspondence, I will venture to intrude upon you a few lines more.  I will begin by saying we are all tolerably well.  But we are somewhat uncomfortable in some respects.  Our families are more subject to colds this winter than usual.  This probably may be attributed in part at least to our cold and open houses.  We were unable last fall to do any thing more than fix ourselves temporarily, and the frosts of winter find a great many large holes to creep in at.  Some days it is almost impossible for us to keep warm enough to be comfortable.

Our prospects for accomplishing much for the Indians here I do not think look more promising than they did last fall.  There are but few Indians here.  These get drunk every time they can get whiskey, of which there is an abundance nearby.  Among the white people here, none are disposed to attend meetings much except Mr. [Welton?].  He and his wife are discontented and unhappy here, and will probably get away as soon as they can.  We hear not a word from the Indian Department.  Why they are minding us in this manner I cannot tell.  But I should like it much better, if they would tell us at once to be gone.  I have got enough of trying to do anything for Indians in connection with the Government.  We can put no dependence upon any thing they will do.  I have tried the experiment till I am satisfied.  I think much more could be done with a boarding school in the neighborhood of Lapointe than here And my opinion is, that since things have turned out as they have here, we had better get out of it as soon as we can.  With such an agent as we now have, nothing will prosper here.  He is enough to poison everything, and will do more moral evil in such a community, as this, than a half a dozen missionaries can do good.  My opinion is, that if they knew at Washington how things are and have been managed here, there would be a change.  But I do not feel certain of this.  For I sometimes am tempted to adopt the opinion that they do not care much there how things go here.  But should there be a change, I have little hope that is would would make things materially better.  The moral and social improvement of the Indians, I fear, has little to do with the appointment of agents and superintendents.  I do not think I ought to remain here very long and keep my family here, as things are now going.  If we were not involved with the Government with regard to the school matter, I would advise the Committee to quit here as soon as we can find a place to go to.  My health is not very good.  The scenes, and labors and attacks of sickness which I have passed through during the past two years have made almost a wreck of my constitution.  It might rally under some circumstances.  But I do not think it will while I stay here, so excluded from society, and so harassed with cares and perplexities as I have been and as I am likely to be in future, should we go on and try to get up a school.  My wife is in no better spirits than I am.  She has had several quite ill turns this winter.  the children all wish to get away from here, and I do not know that I shall have power to keep them here, even if I am to stay.

For more information about Rev. Hall’s role during the 1851 Sandy Lake Tragedy and Ojibwe Removal attempt, read Sandy Lake Letters: Sherman Hall to the Wheelers.

But what to do I do not know.  The Committee say they do not wish to abandon the Ojibwas.  I cannot in future favor the removal of the lake Indians.  I believe that all the aid they will receive from the Government will never civilize or materially benifit them.  I judge from the manner in which things have been managed here.  Our best hope is to do what we can to aid them where they are to live peaceably with the whites, and to improve and become citizens.  The idea of the Government sending infidels and heathens here to civilize and Christianize the Indians is rediculous.

Reverend Hall relocated from La Pointe to Crow Wing during 1853 when he thought Chippewa removal was imminent.

I always thought it doubtful whether the experiment we are trying would succeed.  In that case it was my intention to remove somewhere below here, and try to get a living, either by raising my potatoes or by trying to preach to white people, or by uniting both.  but I do not hardly feel strong enough to begin entirely anew in the wilderness to make me a home.  I suppose my family would be as happy at Lapointe, as they would any where in the new and scattered settlements for fifty or a hundred miles below here.  And if thought I could support myself then, I might think of going back there.  There are our old friends for whose improvement we have laborred so many years.  I feel almost as much attachment for them as for my won children.  And I do not think they ought to be left like sheep upon the mountains without a shepherd.  And if the Board think it best to expend money and labor for the Ojibwas, they had better expend it there than here, as things now are at least.  I think we were exerting much much more influence there before we left, then we have here or are likely to exert.  I have no idea that the lake Indians will ever remove to this place, or to this region.

Reverend Sherman Hall
~ Madeline Island Museum

What do you think of recommending to the Board to day to exert a greater influence on the people in the neighborhood of Lapointe[?/!]  I feel reluctant to give up the Indians.  And if I could get a living at Lapointe, and could get there, I should be almost disposed to go back and live among those few for whom I have labored so long, if things turn out here as I expect they will.  I have not much funds to being life with now, nor much strength to dig with.  But still I shall have to dig somewhere.  The land is easier tilled in this region than that about the lake.  But wood is more scarce.  My family do not like Minesota.  Perhaps they would, if they should get out of the Indian country.  Edwin says he will get out of it in the spring, and Miles says he will not stay in such a lonesome place.  I shall soon be alone as to help from my children.  My boys must take care of themselves as soon as they arrive at a suitable age, and will leave me to take care of myself.  We feel very unsettled.  Our affairs here must assume a different aspect, or we cannot remain here many months longer.  Is there enough to do at Lapointe; or is there a prospect that there will soon be business to draw people enough then, to make it an object to try to establish the institution of the gospel there?  Write me and let me know your views on such subjects as these.

[Unsigned, but appears to be from Sherman Hall]

 


 

Crow-wing Feb. 10th 1854

Brother Wheeler:

I received your letter of jan. 16th yesterday, and consequently did not sleep as much as usual last night. We were glad to hear that you are all well and prosperous. We too are well which we consider a great blessing, as sickness in present situation would be attended with great inconvenience. Our house is exceedingly cold and has been uncomfortable during some of the severe cold weather have had during the last months. Yet we hope to get through the winter without suffering severely. In many respects our missionary spirit has been put to a severer test than at any previous time since we have been in the Indian country, during the past year. We feel very unsettled, and of course somewhat uneasy. The future does not look very bright. We cannot get a word from the Indian Department whether we may go on or not. If we cannot get some answer from them before long I shall be taking measures to retire. We have very little to hope, I apprehend, from all the aid the Government will render to words the civilization and moral and intellectual improvement of the Indians. For missionaries or Indians to depend on them, is to depend on a broken staff.

“In 1831 the family of Sherman Hall, residents of Weathersfield, a secluded Vermont hamlet, bade him farewell as he set out with the purpose of converting the Chippewa Indians about Lake Superior. No doubt they felt that he had gone almost to the ends of the earth and that correspondence from that mysterious region was unique, for they cherished and carefully preserved his letters as they came back slowly from Mackinac, Sault Ste. Marie, and, finally La Pointe, the terminus of his journey.”
~ Minnesota Historical Society
“We have seen that the first La Pointe village was at the southwestern extremity of the island. This was known as the ‘Old Fort’ site, for here had been the original Chippewa village, and later the fur-trading posts of the French and English. Gradually, the old harbor became shallow, because of the shifting sand, and unfit for the new and larger vessels which came to be used in the fur trade.
“The American Fur Company therefore built a ‘New Fort’ a few miles farther north, still upon the west shore of the island, and to this place, the present village, the name La Pointe came to be transferred. Half-way between the ‘Old fort’ and the ‘New fort,’ Mr. Hall erected (probably in 1832) ‘a place for worship and teaching,’ which came to be the centre of Protestant missionary work in Chequamegon Bay.”
~ The Story of Chequamegon Bay
Reverend Sherman Hall’s Protestant mission was located at was is now Middleport; an unincorporated community in the town of La Pointe.

I do not see that our house is so divided against itself, that it is in any great danger of falling at present. My wife never did wish to leave Lapointe and we have ever, both of us, thought that the station ought not to be abandoned, unless the Indians were removed. But this seemed not to be the opinion of the committee or of our associates, if I rightly understood them. I had a hard struggle in my mind whether to retire wholly from the service of the Board among the Indians, or to come here and make a further experiment. I felt reluctant to leave them, till we had tried every experiment which held out any promise of success.  When I remove my family here our way ahead looked much more clear than it does now. I had completed an arrangement for the school which had the approval of Gov. Ramsey, and which fell through only in consequence of a little informality on his part, and because a new set of officers just then coming into power must show themselves a little wiser than their predecessors. Had not any associates come through last summer, so as to relieve me of some of my burdens and afford some society and counsel in my perplexities I could not have sustained the burden upon me in the state of my health at that time. A change of officers here too made quite an unfavorable change in our prospects. I have nothing to reproach myself with in deciding to come here, nor in coming when we did, though the result of our coming may not be what we hoped it would be. I never anticipated any great pleasure in being connected with a school connected in any way with the Government, nor did I suppose I should be long connected with it, even if it prospered. I have made the effort and now if it all falls, I shall feel that Providence has not a work for us to do here. The prospects of the Indians look dark, what is before me in the future I do not know. My health is not good, though relief from some of the pressure I had to sustain for a time last fall and the cold season has somewhat [?????] me for the time being. But I cannot endure much excitement, and of course our present unsettled affairs operate unfavorably upon it. I need for a time to be where I can enjoy rest from everything exciting, and when I can have more society that I have here, and to be employed moderately in some regular business.

Antoine Gordon [Gaudin]
~ Noble Lives of a Noble Race by the St. Mary’s Industrial School (Bad River Indian Reservation), 1909, page 207.

How to decide for the future I do not know. There is home missionary work which might and ought to be done at the Mississippi below here, but it would require more physical labor and hardship that I at present hardly dare to undertake, and the privations for the present at least would be scarcely less that in the Indian country. I have thought some of going back to Lapointe, as it seems to me that if anything can be done for the Indians, there is more hope there than anywhere else, I mean in that neighborhood.  But if I understand you you do not think it best to support a foreign missionary there. I do not see what I could do there to earn my bread by labor, if I were there. I should be glad to complete some of my Indian manuscripts and put them in a shape that they might be useful to future missionaries, if Providence seems so to direct. But if I leave the service of the Board now, I cannot do it. I have spent a vast amount of labor on them, and it must be all lost to everybody, if I must break up now and leave the mission. This was one of the reasons that weighed much with me in deciding to come here. Besides superintending the school we anticipated, I hoped to find considerable time to study. But enough on this subject for the present.

Charles Henry Oakes
~ Findagrave.com

As to your account I have not had time to examine it, but will write you something about it by & by. As to any account which Antoine Gaudin has against me, I wish you would have him send it to me in detail before you pay it. I agreed with Mr. Nettleton to settle with him, and paid him the balance due to Antoine as I had the account. I suppose he made the settlement, when he was last at Lapointe. As to the property at Lapointe, I shall immediately write to Mr. Oakes about it. But I suppose in the present state of affairs, it will be perhaps, a long time before it will be settled so as to know who does own it. It is impossible for me to control it, but you had better keep posession of it at present. I cannot send Edwin [??] through to cultivate the land & take care of it. He will be of age in the spring, and if he were to go there I must hire him. He will probably leave us in the spring. Please give my best regards to all. Write me often.

Yours truly

S. Hall

 


 

Crow-wing, Min. Ter.
Feb. 21st 1854

Brother Wheeler,

Paul Hudon Beaulieu
~ FamilySearch.org

Brothers Paul and Clement Beaulieu were sons of French furtrader Bazil Hudon Beaulieu and grandsons of Ojibwe leader Waubishguauguage (White Raven).  Sisters Elizabeth and Julie Beaulieu were married to Charles Borup and Charles Oakes respectively.
Brothers-in-law Borup and Oakes were the American Fur Company agents at La Pointe when it was relocated from ‘Old Fort’ to ‘New Fort’ during the 1830’s.
Borup and Oakes relocated from La Pointe to St. Paul in 1848, where they established the first bank in Minnesota Territory during 1854.

I wrote you a few days ago, and at the same time I wrote to Mr. Oakes inquiring whether he had got possession of the Lapointe property. I have not yet got a reply from him, but Mr. Beaulieu tells me that he heard the same report which you mentioned in your letter, and that he inquired of Mr. Oakes about it when he saw him on a recent visit to St. Paul, and finds that it is all a humbug. Oakes has nothing to do with it. Mr. Beaulieu said that the sale of last spring has been confirmed, and that Austrian will hold Lapointe. So farewell to all the inhabitants’ claims then, and to anything being done for the prosperity of the peace for the present, unless it gets out of his hands.

I have written to Austrian to try to get something for our property if we can. But I fear there is not much hope. If he goes back to Lapointe in the spring, do the best you can to make him give us something. I feel sorry for the inhabitants there that they are left at his mercy. He may treat them fairly, but it is hardly to be expected.

Clement Hudon Beaulieu
~ TreatiesMatter.org

As to our affairs here, there has been no particular change in their aspects since I wrote a few days ago. There must be a crisis, I think, in a few weeks. We must either go on or break up, I think, in the spring. We are trying to get a decision. I understand our agent has been threatened with removal if he carries on as he has done. I believe there is no hope of reformation in his case, and we may get rid of him. Perhaps God sent us here to have some influence in some such matters, so intimately connected with the welfare of the Indians. I have never thought I [????] can before I was sent in deciding to come here. Some trials and disappointments have grown out of my coming, but I feel conscious of having acted in accordance with my convictions of duty at this time.

If all falls through, I know not what to do in the future. The Home Missionary Society have got more on their hands now than they have funds to pay, if I were disposed to offer myself to labor under them. I may be obliged to build me a shanty somewhere on some little unoccupied piece of land and try to dig out a living. In these matters the Lord will direct by his providence.

Augustus Barber was ‘sent into the Lake’ during 1856, and Albert McEwen was ‘tripped up’ during 1857 by ‘unprincipled fellows’.
The 1868 assassination of Bagone-giizhig (Hole-In-The-Day) the Younger was later revealed to have been led by Clement Beaulieu.

You must be on your guard or some body will trip you up and get away your place. There are enough unprincipled fellows who would take all your improvements and send you and all the Indians into the Lake if they could make a dollar by it. I should not enlarge much, without getting a legal claim to the land. Neither would I advise you to carry on more family than is necessary to keep what team you must have, and to supply your family with milk and vegetables. It will be advantage/disadvantage to you in a pecuniary point of view, it will load you with and tend to make you worldly minded, and give your establishment the air of secularity in the eyes of the world. If I were to go back again to my old field, I would make my establishment as small as I could & have enough to live comfortable. I with others have thought that your tendency was rather towards going to largely into farming. I do not say these things because I wish to dictate or meddle with your affairs. Comparing views sometimes leads to new investigations in regard to duty.

May the Lord bless you and yours, and give you success and abundant prosperity in your labours of love and efforts to Save the Souls around you.

Give my best regards to Mrs. W., the children, Miss S and all.

Yours truly,

S. Hall

Henry Blatchford (aka Francois Decharrault) was a La Pointe Band mixed-blood, a Reverend, and an interpreter at treaties.

I forgot to say that we are all well.  Henry and his family have enjoyed better health here, then they used to enjoy at Lapointe.

 


 

Feb 27

Brother Wheeler.

My delay to answer your note may require an explanation.  I have not had time at command to attend to it conveniently at an earlier period.  As to your first questions.  I suppose there will be no difference of opinion between us as to the correctness of the following remarks.

  1. The Gospel requires the members of a church to exercise a spirit of love, meekness and forbearance towards an offending brother.  They are not to use unnecessary severity in calling him to account for his errors.  Ga. 6:1.
  2. The Object of Church discipline is, not only to [pursue/preserve?] the Church pure in doctrine & morals, that the contrary part may have no evil thing to say of them; but also to bring the offender to a right State of mind, with regard this offense, and gain him back to duty and fidelity.
  3. If prejudice exist in the mind of the offender towards his brethren for any reason, the spirit of the gospel requires that he be so approached if possible as to allay that prejudice, otherwise we can hardly expect to gain a candid hearing with him.

Charles William Wulff Borup, M.D. ~ Minnesota Historical Society

Born in Denmark, Doctor Charles William Wulff Borup married into the powerful Beaulieu Family along with Charles Oakes.
The Borup/Beaulieu/Oakes family participated in and signed multiple American treaties with the Chippewas.  They were the last owners of the American Fur Company outfit at La Pointe when Julius Austrian acquired it in 1853.

I consider that these remarks have some bearing on the case before us.  If it was our object to gain over Dr. B. to our views of the Sabbath, and bring him to a right State of mind with regard this Sabbath breaking, the manner of approaching him would have, in my view, much to do with the offence.  He may be approached in a Kind and [forbearing?] manner, when one of sternness and dictation will only repel him from you.  I think we ought, if possible, and do our duty, avoid a personal quarrel with him.  To have brought the subject before the Church & made a public affair of it, before [this/then?] and more private means have been tried to get satisfaction, would, I am sure, have resulted in this.  I found from my own interviews with him, that there was hope, if the rest of the brethren would pursue a similar course.  I felt pretty sure they would obtain satisfaction.  IF they had [commenced?] by a public prosecution before the church, it would only have made trouble without doing any good.  The peace of our whole community would have been disturbed.  I thought one step was gained when I conversed with him, and another when you met him on the subject.  I knew also that prejudices existed both in his mind towards us, & in our minds towards him which were likely to affect the settlement of this affair, and which as I thought, would be much allayed by individuals going to him and speaking face to face on this subject in private.  He evidently expected they would do so.  Mutual conversations and explanations allay these feelings very much.  At least it has been so in my experience.

Reverend Edmund Franklin Ely.
~ Duluth Public Library

Presbyterian Minister Edmund Ely lived at La Pointe and around Lake Superior from 1833 to 1862.  
Rev. Ely met Dr. Borup in 1833 when Ely required his medical care during a trip to La Pointe.

As to your second question.  I do not say that it was Mr. Ely’s duty to open the subject to Doc. Borup at the preparatory lecture.  If he had done so, it would have been only a private interview; for there [was?] not enough present to transact business.  All I meant to affirm respecting that occasion is, that it afforded a good opportunity to do so, if he wishes, and that Dr. B. expected he would have done so, as I afterwards learnt, if he has any objection to make against his coming to the communion.

As to your third question.  I have no complaint to make of the church, that I have urged them to the performance of any duties in this case they have refused to perform.

And now permit me to ask in my turn.

What “duties” have they urged me to perform in this case, which I “have been unwilling, or manifested a reluctance to perform?”

Did you intend by anything which wrote to me or said verbally, to request me to commence a public prosecution of Doc. Borup before the Church?

Will you have the goodness to state in writing, the substance of what you said to me in your study as to your opinion and that of others suspecting my delinquency in maintaining church discipline.

A reply to these questions would be gratefully received.

Your brother in Christ

S. Hall

 


 

Crow Wing. March 12th 1854

Brother Wheeler:

Read the La Pointe Lands and the James Hughes Affair for primary sources from the Julius Austrian Papers about the fraudulent transfer of La Pointe during 1853 between Julius Austrian and Charles Oakes, et al.
This curious situation of Ministers negotiating with a Jewish merchant to buy back their Churches reveals a radical contrast from the stereotypical power dynamics between Indians, Mixed Bloods, Fur Traders, and Missionaries portrayed in most secondary sources about La Pointe during 1854.  
This curious situation may have been a primary cause of anti-semitic language directed towards Julius Austrian in later primary sources, such as Objections to Mail Route 13780 in 1855. 

Your letter of Feb 17th came to hand by our last mail; and though I wrote you but a short time ago, I will say a few words in relation to one or two topics to which you allude. Shortly after I received your former letter I wrote to Mr. Oakes enquiring about the property at Lapointe. In reply, says that himself and some others purchased Mr. Austrian’s rights at Lapointe of Old Hughes on the strength of a power of attorney which he held. Austrian asserts the power of attorney to be fraudulent, and that they cannot hold the property. Oakes writes as if he did not expect to hold it. Some time ago I wrote to Mr. Austrian on the same subject, and said to him that if I could get our old place back, I might go back to Lapointe. He says in reply —

Julius Austrian
~ Madeline Island Museum

I should feel much gratified to see you back at Lapointe again, and can hold out to you the same inducements and assurances as I have done to all other inhabitants, that is, I shall be at Lapointe early in the spring and will have my land surveyed and laid out into lots, and then I shall be ready to give to every one a deed for the lot he inhabits, at a reasonable price, not paying me a great deal more than cost trouble, and time. But with you, my dear Sir, will be no trouble, as I have always known you a just and upright man, and have provided ways to be kind towards us, therefore take my assurance that I will congratulate myself to see you back again; and it shall not be my fault if you do not come. If you come to Lapointe, at our personal interview, we will arrange the matter no doubt satisfactory.

The property” from the James Hughes Affair is outlined in red.  This encompassed the Church at La Pointe (New Fort) and the Mission (Middleport) of Madeline Island.  1852 PLSS survey map by General Land Office.

I suppose Austrian will hold the property and probably we shall never realize anything for our improvements. You must do the best you can. Make your appeal to his honor, if he has any. It will avail nothing to reproach him with his dishonesty.  I do not know what more I can do to save anything, or for any others whose property is in like circumstances with ours.

Selah B. Treat was Secretary of the American Board of Commissioners of Foreign Missions back in Boston.

You speak discouragingly of my going back to Lapointe. I do not think the Home Miss. Soc. would send a missionary there only for the few he could reach in the English language. If the people want a Methodist, encourage them to get one. It is painful to me to see the place abandoned to irreligion and vices of every Kind, and the labours I have expended there thrown away. I can hardly feel that it was right to give up the station when we did. If I thought I could support myself there by working one half the time and devoting the rest to ministerial labors for the good of those I still love there, I should still be willing to go back, if could get there & had a shelter for my head, unless there is a prospect of being more useful here. But the land at Lapointe is so hard to subdue that I am discouraged about making an attempt to get a living there by farming. I am not much of a fisherman. There is some prospect that we may be allowed to go on here. Mr. Treat has been to Washington, and says he expects soon to get a decision from the Department. We have got our school farm plowed, and the materials are drawn out of the woods for fencing it. If I have no orders to the contrary, I intend to go on & plant a part of it, enough to raise some potatoes. We may yet get our school established. If we can go ahead, I shall remain here, but if not, I think it is not my duty to remain here another year, as I have the past. In other circumstances, I could do more towards supporting myself and do more good probably.

Old Chief Kibishkinzhugon could not be immediately identified.

I have felt much concerned for the people of Lapointe and Bad River on account of the small pox. May the Lord stay this calamity from spreading among you. Write us every mail and tell us all. It is now posted here today that the Old Chief [Kibishkinzhugon?] is dead. I hardly credit the report, though I should suppose he might be one of the first victims of the disease.

I can write no more now. We are all very well now. Give my love to all your family and all others.

This appears to be Robert Stuart from the 1842 Treaty at La Pointe.

Tell Robert how the matters stands about the land. It stands him in how to be on good terms with the Jew just now.

Yours truly,

S. Hall

The snow is nearly all off the ground and the weather for two or three weeks has been as mild as April.

 


 

Crow Wing M.H. Apr. 1 1854

Dear Br. & Sr. Wheeler.

Reverend Welton and his family could not be immediately identified.
Mrs. P was the wife of Reverend Charles Pulsifer.  They were formerly stationed at Rev. Hall’s mission in La Pointe.

I have received a letter from you since I wrote to you & am therfore in your debt in that matter.  I have also read your letters to Br. & Sr. Welton  I suppose you have received my letter of the 13th of Feb. if so, you have some idea of our situation & I need say no more of that now; & will only say that we are all well as usual & have been during the winter.  Mrs. P_ is considerably troubled with her old spinal difficulty.  She has got over her labors here last summer * fall.  Harriet is not well  I fear never will be, because the necessary means are not likely to be used, she has more or less pain in her back & side all the time, but she works on as usual & appears just as she did at LaPointe, if she could be freed from work so as to do no more than she could without injury & pursue uninterruptedly & proper medical course I think she might regain pretty good health.  (Do not, any of you, send back these remarks it would not be pleasing to her or the family.)  We have said what we think it best to say) –

Br. Hall is pretty well but by no means the vigorous man he once was.  He has a slight – hacking cough which I suppose neither he nor his family have hardly noticed, but Mrs. P_ says she does not like the sound of it.  His side troubles him some especially when he is a good deal confined at writing.  Mr. & Mrs. W_ are in usual health.  Henry’s family have gone to the bush.  They are all quite well.  He stays here to assist br. H_ in the revision & keeps one or two of his children with him.  They are now in Hebrews, with the Revision.  Henry I suppose still intends to return to Lapointe in the spring. –

Now, you ask, in br. Welton’s letter, “are you all going to break up there in the spring.”  Not that I know of.  It would seem to me like running away rather prematurely.  When the question is settled, that we can do nothing here, then I am willing to leave, & it may be so decided, but it is not yet.  We have not had a whisper from Govt. yet.  Wherefore I cannot say.

It looks now as if we must stay this season if no longer.  Dr. Borup writes to br. Hall to keep up good courage, that all will come out right by & by, that he is getting into favor with Gov. Gorman & will do all he can to help us. (Br. Hall’s custom is worth something you know).

Henry C. Gilbert
~ Branch County Photographs

By advise of the Agent, we got out (last month) tamarack rails enough to fence the school farm (which was broke last summer) of some 80 acres & it will be put up immediately.  Our great father turned out the money to pay for the job.  These things look some like our staying awhile  I tell br H_ I think we had better go as far as we can, without incurring expense to the Board (except for our support) & thus show our readiness to do what we can.  if we should quit here I do not know what will be done with us.  Br Hall would expect to have the service of the Board I suppose.  Should they wish us to return to Bad River we should not say nay.  We were much pleased with what we have heard of your last fall’s payment & I am as much gratified with the report of Mr. H. C. Gilbert which I have read in the Annual Report of the Com. of Indian Affairs.  He recommends that the Lake Superior Indians be included in his Agency, that they be allowed to remain where they are & their farmers, blacksmith & carpenter be restored to them.  If they come under his influence you may expect to be aided in your efforts, not thwarted , by his influence.  I rejoice with you in your brightening prospects, in your increased school (day & Sabbath) & the increased inclination to industry in those around you.  May the lord add his blessing, not only upon the Indians but upon your own souls & your children, then will your prosperity be permanent & real. Do not despise the day of small things, nor overlook especially neglect your own children in any respect.  Suffer them not to form idle habits, teach them to be self reliant, to help themselves & especially you, they can as well do it as not & better too, according to their ability & strength, not beyond it, to fear God & keep his commandments & to be kind to one another (Pardon me these words, I every day see the necessity of what I have said.)  We sympathize with you in your situation being alone as you are, but remember you have one friend always near who waits to [commence?] with you, tell Him & all with you from Abby clear down to Freddy.

Affectionately yours

C. Pulsifer

Write when you can.

 


 

Crow wing Min. Ter.

April 3d 1854

Brother Wheeler

George E. Nettleton and his brother William Nettleton were pioneers, merchants, and land speculators at what is now Duluth and Superior.
~ Image from The Eye of the North-west: First Annual Report of the Statition of Superior, Wisconsin by Frank Abial Flower, 1890, page 75.

Since I wrote you a few days ago, I have received a letter from Mr. G. E. Nettleton, in which he says, that when he was at Lapointe in December last, he was very much hurried and did not make a full settlement with Antoine. He says further, that he showed him my account, and told him I had settled with him, and that he would see the matter right with Antoine. A. replied that all was right. I presume therefore all will be made satisfactory when Mr. N. comes up in the Spring, and that you will have need to make yourself no further trouble about this matter.

I have also received a short note from Mr. Treat in which he says,

“I have not replied to your letters, because I have been daily expecting something decisive from Washington. When I was there, I had the promise of immediate action; but I have not heard a word from them”.

“I go to Washington this Feb, once more. I shall endeavor to close up the whole business before I return. I intend to wait till I get a decision. I shall propose to the Department to give up the school, if they will indemnify us. If I can get only a part of what we lose, I shall probably quit the concern”.

Thus our business with the Government stood on March the 9th, I have lost all confidence in the Indian Department of our Government under this administration, to say nothing of the rest of it. If the way they have treated us is an index to their general management, I do not think they stand very high for moral honesty. The prospects for the Indians throughout all our territories look dark in the extreme. The measures of the Government in relation to them are not such as will benefit and save many of them. They are opening the floodgates of vice and destruction upon them in every quarter. The most solemn guarantees that they shall be let alone in the possession of domains expressly granted them mean nothing.

Our prospects here look dark. For some time past I have been rather anticipating that we should soon get loose and be able to go on. But all is thrown into the dark again. What I am to do in future to support my family, I do not know. If we are ordered to quit here and turn over the property, it would turn [illegible] out of doors.

Mr. Austrian expects us back to Lapointe in the Spring & Mr. Nettleton proposes to us to go to Fond du Lac, (at the Entry). He says there will be a large settlement then next season. A company is chartered to build a railroad through from the Southern boundary of this territory to that place. It is probable that Company [illegible] will make a grant of land for that purpose. If so, it will probably be done in a few years. That will open the lake region effectually. I feel the need of relaxation and rest before I do anything to get established anywhere.

We are still working away at the Testament, it is hard work, and we make lately but slow progress. There is a prospect that the Bible Society will publish it but it is not fully decided. I wish I could be so situated that I could finish the grammar.

But I suppose I am repeating what I have said more than once before. We are generally in good health and spirits. We hope to hear from by next mail.

Yours truly

S. Hall

What do you think about the settlements above Lapointe and above the head of the Lake?

 


 

Detroit July 10th 1854

Rev. Dr. Bro.

At your request and in fulfilment of my promise made at LaPointe last fall so after so long a time I write: And besides “to do good & to communicate” as saith the Apostle “forget not, for with such sacrifices God is well pleased.”

We did not close up our Indian payments of last year until the middle of the following January, the labors, exposures and excitements of which proved too much for me and I went home to New York sick & nearly used up about the last of February & continued so for two months.  I returned here about a week ago & am now preparing for the fall pay’ts.

The Com’sr. has sent in the usual amounts of Goods for the LaPointe Indians to Mr. Gilbert & I presume means to require him to make the payment at La P. that he did last fall, although we have received nothing from the Dep’t. on the subject.

George Washington Manypenny (1808-1892) was the Director of the Bureau of Indian Affairs of the United States from 1853 to 1857.”
~ Wikipedia.org

In regard to the Treaty with the Chipp’s of La Sup’r & the Miss’i, the subject is still before Congress and if one is made this fall it has been more than intimated that Com’r Manypenny will make it himself, either at LaP’ or at F. Dodge or perhaps at some place farther west.  Of course I do not speak from authority or any of the points mentioned above, for all is rumour & inference beyond the mere arrival here of the Goods to Mr G’s care.

From various sources I learn that you have passed a severe winter and that much sickness has been among the Indians and that many of them have been taken away by the Small Pox.

This is sad and painful intelligence enough and I can but pray God to bless & overrule all to the goods of his creasures and especially to the Missionaries & their families.

Notwithstanding I have not written before be assured that I have often [???] of and prayed for you and yours and while in [Penn.?] you made your case my own so far as to represent it to several of our Christian brethren and the friends of missions there and who being actuated by the benevolent principles of the Gospel, have sent you some substanted relief and they promise to do more.

The Elements of the political world both here and over the waters seem to be in fearful & [?????] commotion and what will come of it all none but the high & holy one can know.  The anti Slavery Excitement with us at the North and the Slavery excitement at the South is augmenting fact and we I doubt not will soon be called upon to choose between Slavery & freedom.

If I do not greatly misjudge the blessed cause of our holy religion is or seems to be on the wane.  I trust I am mistaken, but the Spirit of averice, pride, sensuality & which every where prevails makes me think otherwise.  The blessed Christ will reign [recenth-den?] and his kingdom will yet over all prevail; and so may it be.

Let us present to him daily the homage of a devout & grateful heart for his tender mercies [tousward?] and see to it that by his grace we endure unto the end that we may be saved.

My best regards to Mrs. W. to Miss Spooner to each of the dear children and to all the friends & natives to each of whom I desire to be remembered as opportunity occurs.

The good Lord willing I may see you again this fall.  If I do not, nor never see you again in this world, I trust I shall see and meet you in that world of pure delight where saints immortal reign.

May God bless you & yours always & ever

Richard M. Smith wrote the 1854 Treaty at La Pointe as the Secretary for Indian Agent Gilbert.

I am your brother

In faith Hope & Charity

Rich. M. Smith

 

Rev Leonard H. Wheeler

LaPointe

Lake Superior

 


 

Miss. House Boston

Augt’ 31, 1854

Rev. L. H. Wheeler,

Lake Superior

Dear Brother

Yours of July 31 I laid before the Com’sr at our last meeting.  They have formally authorized the transfer of Mr & Mrs Pulsifer to the Lake, & also that of Henry Blatchford.

Robert Stuart was formerly an American Fur Company agent and Acting Superintendent on Mackinac Island during the first Treaty at La Pointe in 1842.
~ Wikipedia.org

In regard to the “claims” their feeling is that if the Govt’ will give land to your station, they have nothing to say as to the quantity.  But if they are to pay the usual govt’ price, the question requires a little caution.  We are clear that we may authorize you to enter & [???] take up so much land as shall be necessary for the convenience of the [mission?] families; but we do not see how we can buy land for the Indians.  Will you have the [fondness?] to [????] [????] on these points.  How much land do you propose to take up in all?  How much is necessary for the convenience of the mission families?

Perhaps you & others propose to take up the lands with private funds.  With that we have nothing to do, so long as you, Mr P. & H. do not become land speculators; of which, I presume, there is no danger.

As to the La Pointe property, Mr Stuart wrote you some since, as you know already I doubt not, and replied adversely to making any bargain with Austrian.  I took up the opinion of the Com’sr after receiving your letter of July 31, & they think it the wise course.  I hope Mr Stewart will get this matter in some shape in due time.

I will write to him in reference to the Bad River land, asking him to see it once if the gov’ will do any thing.

Affectionate regards to Mrs W. & Miss Spooner & all.

Fraternally Yours

S. B. Treat

P.S. Your report of July 31 came safely to hand, as you will & have seen from the Herald.

Land Office Frauds

March 25, 2016

By Amorin Mello

New York Times

December 9, 1858

—~~~0~~~—

Land Office Frauds.

—~~~0~~~—

AGRICULTURAL CAPABILITIES HEREABOUT – LOCAL AMUSEMENTS AND EXCITEMENTS – SETTLEMENTS OF SUPERIOR CITY – A CONTROVERSY, AND SECRETARY M’CLELLAND’S ADJUDICATION OF IT – SECRETARY THOMPSON’S REVERSAL OF THAT JUDGEMENT – ITS CONSEQUENCES – LAND-STEALING RAMPANT – INSTRUCTIONS FOR THE ENTRY OF SUPERIOR CITY – THE LAND OFFICE REPEALS THE LAW OF THE LAND – A CASE FOR INVESTIGATION.

Correspondence of the New-York Times.

SUPERIOR CITY, Wis., Thursday, Nov. 25.

I am booked here for another winter, but fortunately with no fear of starvation this time.  We have been most successful the last Summer in our Agricultural labors.  The clay soils about here has proved marvelously fruitful, and where we expected little or nothing it has turned out huge potatoes that almost dissolve under the steaming process, and open as white as the inside of a cocoa-nut ; mammoth turnips, as good as turnips can be ; cabbages of enormous size ; and cauliflowers, that queen of vegetables, weighing as much as a child a year old.  There is no reason to fear for the future of this country, now that we can show such vegetable products, and talk of our gardens as well as of our mines, forests, furs, and fisheries.

We are not without our excitements here, too ; though we have no model artists, or theatrical exhibitions, to treat our friends with.  But our little city is now in a state of commotion produced by causes which often agitate frontier life, and sometimes reach the great center with their echo or reverberation.  The Land Office is the great point of interest to frontier men, and the land law is the only jurisprudence save Lynch law, in which we are particularly interested.  And as we have no means of reaching the great Federal legislature, through our Local Presses, we are always glad of an opportunity to be heard through the Atlantic organs, which are heard all over the country, and strike a note which the wind takes up and carries not only to San Francisco, but up here to the mouth of the St. Louis River, the hereafter great local point of Pacific and Atlantic intercommunication.

Eye of the Northwest, pg. 8

The Eye of the Northwest, pg. 8: James Stinson; Benjamin Thompson; W. W. Corcoran; U. S. Senator Robert J Walker; George W Cass; and Horace S Walbridge.

23rd United States Attorney General Caleb Cushing speculated in the St. Croix River valley for land and copper during the 1840s.

Five or six years ago a few American pioneers – stalwart backwoodsmen, undertook to select a town site out here, and did select one in good faith, and with clubs and muskets in had fought off from their premises a gang of Indians who were claiming to preëmpt it as “American citizens.”  The Indians, however, were backup up by a Canadian white man by the name of STINSON, and some of the great speculators who were engaged in another town enterprise alongside here, and this “Indian war” was protracted in the local and general Land Offices some two or three years, when Mr. M’CLELLAND, then Secretary of the Interior, made a final adjudication of all the legal questions involved in the controversy, and sent it back to the Land Office to ascertain and apply the facts to the law as settled, on great deliberation by himself and Mr. CUSHING.

More Proprietors of Supeior from The Eye of the North-west, pg. 9.

More Proprietors of Superior from The Eye of the North-west

, pg. 9: [names are illegible]

4th United States Secretary of the Interior Robert McClelland
5th United States Secretary of the Interior Jacob Thompson.

Meanwhile the original settlers and occupants maintained their adverse possession against the Indians and all the world, and expended a good deal of money in erecting buildings and a pier, and in cutting out streets and in laying out their town, and in carrying on their litigation, which was by no means inexpensive.  M’CLELLAND’s determination of the law in their favor encouraged them to go on and incur additional expenses ; and they parted with diverse interests in the town site, some by assignment to persons who advanced money, and some by sale on quit-claim to persons who covenanted to make improvements.  They made application to the proper office to enter the site, and nobody objected but the Indians – and the Indians were nowhere.  So things stood when the case went back to the General Land Office, and to Mr. Secretary THOMPSON.  The worthy Secretary, for some cause altogether unaccountable, adopted the extraordinary (and under the decision of the Supreme Court illegal) course of reversing the final judgement of his predecessor in this very case, (an exercise of power entirely unheard of in a case of mere private right,) and of rejecting the claim of the original occupants and settlers, though it was not contested by somebody who had a better right.

Madison Sweetzer was using Sioux Scrip to claim land, but does not appear to be a mixed blood member of the Sioux/Lakota/Dakota nation.
Commissioner of the General Land Office Thomas Andrews Hendricks later became the 21st Vice President of the United States.

You may well imagine that this decision excited no little astonishment here.  All the land stealers looked upon Superior City as vacant ground.  They thought the men who selected and settled the town site were outlawed, and had no interests.  Some supposed that the Land Office would put the ground up at auction.  A chap by the name of SWEETZER came on here fresh from the General Land Office, and undertook to lay Sioux scrip on the whole site.  Another – one JOHN GRANT – made application to preëmpt a portion of the site – and, what is the most remarkable feature about this business, GRANT was permitted to enter it as a preëmptor, though it was notoriously a selected town site, and in the adverse possession of town claimants half a year before GRANT ever saw it.  This outrage created a great excitement for a small place.  The Register, Mr. DANIEL SHAW, excuses himself by saying that he was almost expressly ordered by HENDRICKS to issue the certificate to GRANT, but this we do not believe in these parts.  SHAW is clever, and covers his tracks, but nobody here supposes that the Commissioner ever countenanced such a gross violation of a public statute, without a motive.  And what motive could the Commissioner have?

But, besides these movements, one of the Indians – ROY by name, who was defeated as one of the claimants by preëmeption – is now seeking to locate his Chippewa scrip on the town-site, and it is supposed that the same influences which urged him as an American citizen will support his claim as an Indian.  A white man by the name of KINGSBURY, encouraged by the disregard of law exhibited by the local office, has made a claim on another part of the town-site.  This purports to have originated in the fourth year of a litigation between the town claimants and the illegal preëmptors, and is supposed to be stimulated and encouraged by the Register.

Subsequently to his original rejection of the town-site claim, Mr. Secretary THOMPSON issued instructions to permit the entry, and the County Judge made application on the 18th instant, under the law of the United States, May 23, 1844.  On this being known, some of the persons heretofore claiming under the original settlers and occupants (who had selected the town and paid all the expenses of the settlement) came together and formed an organization as a city, under a recent law of Wisconsin, the object of which they declare to be secure to themselves a title from the United States to the lots they specially occupy, and to sell the balance to defray their expenses in entering and alloting the land!  The men whose rights vested under the absolute decision of Secretary MCCLELLAND, and who did all that they could do to enter the land, and paid the money for it more than two years ago, – the men whose “respective INTERESTS” the statute of 1844 recognizes and was designed to protect, – these men are all ruled off the course, and the men claiming under them have conspired to divide the land and its proceeds among themselves.

Preemption Act of 1841

Of course these iniquitous and illegal proceedings are all within the reach of the Courts – but they are the legitimate consequence of Mr. JACOB THOMPSON’s repeal of so much of the Preëmption Law of 1841 as excludes from preëmption those portions of the public lands that have been “selected as the site of a city or town.”  Mr. THOMPSON has overruled all his predecessors, all the Attorney-General, all the local offices, all the lexicographers, and the English language generally, by deciding solemnly that “selection” does not mean “selection,” but means something else – or more particularly nothing at all.  Because, says he, if adverse “selection” excluded a preëmptor, then a preëmptor might be excluded by a false allegation of selection.  Was there ever such an argal since Dogberry’s time?  The Secretary has discovered an equally efficient “dispensing power” with that of King JAMES of blessed memory, and one which his brethren in the Cabinet may use very efficiently, if Congress does not look into the subject and fix some limits to it. For now, not only the Secretary, but the Commissioner, and the Register and Receiver, all think that they are at liberty to treat the repeal by the Secretary as an effective nullification of the law of the land.

Receiver Eliab B Dean Jr and Register Daniel Shaw were at the Superior City Land Office.

If Congress would amuse their leisure a little by looking at these land office operations on the verge of civilization, they would strike a placer of corruption.  Let them open the books and call for the documents, and see what Dr. T. RUSH SPENSER, late Register of the Willow River District, says of his predecessor and successor, Mr. JOHN O. HENNING, and then ascertain by what influences HENNING has been reappointed, and SPENSER transferred to Superior.  Let them find out what Receiver DEAN said of Register SHAW, and what Register SHAW said of Receiver DEAN, and why DEAN was dismissed and why SHAW was retained.  It will be rare fun for somebody.  The country ought to know something about the Land Offices, and such an investigation as this would enlighten the country very materially.  I hope it will be made, and that the country will learn how it is that more land has been entered in this district by Indians, foreigners, and minors than by qualified preëmptors, and all for the benefit of a few favored speculators.

By Amorin Mello

In our Penoka Survey Incidents series earlier this year, we followed some of the adventures and schemes of Albert Conrad Stuntz circa 1857.  The legacy of Albert’s influential survey still defines the geopolitical landscape of the Penokee Mountains to this day.  However, Albert’s work during the late 1850s was relatively minor in comparison to that of his brother, George Riley Stuntz, during the early 1850s.  The surveying work of George and his employees started in 1852 and enabled the infamous land speculators and townsite promotors of Superior City to manifest their schemes by early 1854 (months before the Treaty of La Point occurred later that year).  

Among the men that worked with George was Augustus Hamilton Barber.  Sometime around 1850, Augustus had followed his Grandparents, Aunts, Uncles, and Cousins from the Barber family of Lamoille County, Vermont, to Lancaster in Grant County, Wisconsin.  After a short career as a school teacher in Grant County, Augustus came to Lake Superior in 1852 employed by George as a Chainman under his contract with the United States General Land Office to survey lands at the Head of Lake Superior.

Before taking a closer look at the Barber Papers, let’s examine the lives and affairs of other surveyors and speculators along the southwest shore of Lake Superior, starting with George Riley Stuntz and his production of these Exterior Field Notes (June of 1852):

1852 affidavit 1 1852 affidavit 2 1852 affidavit 3

Duluth and St. Louis County, Minnesota;
Their Story and People

By Walter Van Brunt, 1921, pages 64-65.

Page 75.

Portrait of George Nettleton’s cabin on Minnesota Point in 1852 on page 75.

William Rainey Marshall was a Democrat in Wisconsin and as a Republican in Minnesota.
A biography of the brothers George and William Nettleton is available at ZenithCity.com.

First Settler.– The honor, for both Superior and Duluth, must presumably go to George R. Stuntz. He came in 1852, and settled in 1853. Several were earlier of course, but can hardly be considered to have been legitimate independent settlers. Carlton had been on the ground, at Fond du Lac, for some years, but he was Indian agent; Borup and Oaks had spent their time between La Pointe and Fond du Lac, but were then at St. Paul, and mainly interested in the development of that city, and in fur trading. Wm. R. Marshall stated that he “was on the lake as early as 1848,” but not to settle and he did not come again until 1857. Wm. R. Marshall and George R. Stuntz were fellow-surveyors, in federal pay, “back in the ’40s,” but Marshall did not seek to take the place of Stuntz as premier pioneer at the head of Lake Superior. As a matter of fact, although “on the lake as early as “1848,” Marshall did not then get nearer to Duluth than La Pointe, where he met “Borup and Oaks, the principal traders, Truman Warren, George Nettleton, Cruttenden, Wattrous, Rev. Sherman Hall, E. F. Ely and others.” It is quite possible that Stuntz was with Marshall in 1848, for that was the year in which Stuntz first entered Minnesota territory “having charge of a surveying party that was working near Lake Pepin and in what is now Washington County.”

A biography of George B. Sargent is available at ZenithCity.com.

The “Heart of the Continent.”– George R. Stuntz prepared the way for the first attempt at white settlement at the head of Lake Superior. He surveyed the land on the Wisconsin side, within a year of beginning which survey, in 1852, the first settlers began to appear. George R. Stuntz came by direction of George B. Sargent, who at the time was surveyor-general of the Iowa, Wisconsin and Minnesota district for the federal government, his headquarters being at Davenport, Iowa. In that year, states Carey, “he surveyed and definitely located a portion of the northeastern boundary line between Minnesota and Wisconsin, starting from the head of navigation on the St. Louis River, at Fond du Lac, and running south to the St. Croix River.Stuntz himself stated: “I came in 1852. I saw the advantages of this point (Minnesota Point) as clearly then as I do now (1892). On finishing the survey for the government, I went away to make a report, and returned the next spring and came for good. I saw as surely then as I do now that this was the heart of the continent commercially, and so I drove my stakes.”

Group of people, including a number of Ojibwe at Minnesota Point, Duluth, Minnesota [featuring William Howenstein] ~ University of Minnesota Duluth, Kathryn A. Martin Library

Group of people, including a number of Ojibwe at Minnesota Point, Duluth, Minnesota [featuring William Howenstein in 1872?] ~ University of Minnesota Duluth

Stuntz and Howenstein competed with Nettleton and others for fame as the first settlers on Minnesota Point after Stuntz’s 1852 survey with Augustus Barber.

The Vanguard.– He did not come alone, needing of course assistants in the work of surveying, but he was in charge of the work, Gand necessarily takes first place in the accounting. William C. Sargent, son of George B. Sargent, stated in 1916, that his father “came here (Duluth) first in 1852 with George R. Stuntz and Bill Howenstein,” and goes on to state “a word of those two grand men, George R. Stuntz and Bill Howenstein.” He believed that “to George R. Stuntz, more than to any other man belongs the honor (of) opening up that region,” and of Howenstein, he said: “And old Bill Howenstein, one of the best ever, and always my very good friend, a kindly body, with a quaint dry humor unsurpassed and seldom met with in these later days. I had many an interesting chat with him, in his home on Minnesota Point, that he built in 1852, and lived in until his death, some years ago.” Bill Howenstein, undoubtedly was of Stuntz’ party in 1852, but it is doubtful whether he built a log house on Minnesota Point in that year. As to General Sargent’s visit in 1852. If he did come then, it was probably only a flying visit. His interest in the head of Lake Superior in 1852 reached only to the extent of directing Stuntz to survey it. He, himself, had the surveying business of three states to attend to.


The New York Times

[December 11, 1852]

The Region about the Southwest End of Lake Superior.

Augustus H. Barber also lived in Grant County, where George R. Stuntz was the County Sheriff during 1851-52.

Mr. Stuntz, of Grant County, Wis., has been deputed by the general Land Surveyor of this Northwest District to lay off such a tract of land about the southwest point of the lake into townships and sections, as emigrants will earliest require.  He returned via La Pointe and Stillwater last week. We have obtained from him some new views of that region. From Fond du Lac, a trading post situated 11 miles inland on the St. Louis River, eastward, for perhaps 50 miles, the margin of the lake is a flat strip of land reaching back to a rocky ridge about 11 miles off. The soil of this flat land is a rich red clay. The wood is white cedar and pine of the most magnificent growth. The American line is beyond the mouth of the St. Louis and Pigeon rivers. It evidently abounds in copper, iron and silver. The terrestrial compass cannot be used there, so strong is the attraction to the earth. The needle rears and plunges “like mad.” Points of survey have to be fixed by the solar compass.

This individual is likely Joseph B. Houle from Lac Courte Oreilles who became an early settler of Superior City with his Roy brothers-in-law.  Big Joewas featured in the Penoka Survey Incidents memoirs by James Smith Buck, and may also beKitchie Ininifrom Joseph Austrian’s memoirs.

The Indian and half breed packmen have astonishing strength. One Indian, who is described by the others as being as large as two men, carried for a company of 11 men provisions for ten days, viz: one barrel of flour, half barrel of pork and something else, beside the utensils. Mirage is a common phenomenon is Spring and Summer. For the bays not opening as soon as the main lake, or not cooling so early, an object out on the lake, is viewed from the shore, through a dense medium of air and a thin medium. Hence is a refraction of rays which gives so many wonderful sights that the Chippewas call that the spirit or enchanted land. Sail vessels which are really 40 miles off, are seen flapping and bellying about almost within touch. Turreted Islands, look heavy and toppling towards the zenith. Forests seem to leap from their stems and go a soaring like thistles for the very sport of it.

Born in Denmark, Doctor Charles William Wulff Borup intermarried with the Beaulieu Family of La Pointe Chippewa during the 1830’s.  As an employee of the American Fur Company, Borup relocated the village of La Pointe from the Old Fort location to the modern site in 1836.  The Borup/Beaulieu/Oakes Family appear to be the last owners of the defunct American Fur Company outfit at La Pointe before Julius Austrian purchased all of La Pointe in 1853, including Borup’s residence and garden. By then, Borup was absent from La Pointe, and engaged in the earliest banking and Freemasonry activities of Minnesota in St. Paul.

The ice did not leave some of the bays till the 10th of June. The fish are delicious, especially the salmon trout. But little land game. Mr. Stunts calculates on wonderful enterprises in that country after the opening of the Saut Canal.

Mr. S. describes La Pointe a town of the Lake, as being situated at the head of a bay some 25 miles from the high lake, and secluded from the lake by several islands. He saw there a warehouse 300 feet long, built of tamarac poles, and roofed with bark. This building is very much warped by the pressure of age ; it is entered by a wooden railway. The town is dingy and dreary. He saw a most luxurious garden by the former residence of Dr. Borup. It contained a variety of fruit trees and shrubs, such as plums, cherries, apples, pears, currants, &c.


1852

Cover of Stuntz’s Exterior Field Notes (August-October 1852) ~ Wisconsin Public Land Survey Records: Original Field Notes and Plat Maps

Title page.

1852 Iron River assistants

George Riley Stuntz was also assisted by his brother Albert Conrad Stuntz as well as the African-Chippewa mixed-blood Stephen Bonga employed as an Axeman. To learn more about the interesting Bonga (Bonza) family and Stephen as “the first white child born at the head of Lake Superior,” read pages 39-41 of The Black West by William Loren Katz (1971), and pages 131-34 of Black Indians also by Katz (2012).


The Eye of the North-west: First Annual Report of the Statistician of Superior, Wisconsin

By Frank Abial Flower, 1890

Portrait of Steven Bonga, pg. 7

Portrait of Stephen Bonga, page 7.

GEORGE R. STUNTZ, DEPUTY U. S. SURVEYOR [pages 50-52]

Portrait of George Riley Stuntz, pg.

Portrait of George Riley Stuntz, page 26.

In 1852 George R. Stuntz took a contract to run the township lines in this part of the country, including the state boundary, and filed with the land-office at Dubuque a rude map of the head of the lake, on the Wisconsin side, in December of that year. He took a new contract and returned in the spring of 1853 to survey the copper range around Black River, a few miles south of Superior. He brought seeds with him and planting them on the Namdji, raised a quantity of vegetables; they grew to great size. he also built a trading-post on Minnesota point near the present light-house, and a mill on Iron River in Bayfield county. In respect of these operations W. W. Ward writes from Morley, Mo.:

W. W. Ward also came to Lake Superior employed as a Chainman with Augustus H. Barber for George R. Stuntz’s first contract in June of 1852.  Was he related to Matt Ward from the Penoka Survey Incidents?
FIRST SAW MILLS AT THE HEAD OF LAKE SUPERIOR
The first lumber of any description produced locally, other than by “Whip sawing”, was at Iron River, Wisconsin about forty miles from Superior on the South Shore of Lake Superior.
George R. Stuntz with William C. Howenstein, Andrew Reefer and George Falkner built and operated a water power “up and down” sawmill at the falls on Iron River about a half a mile from the Lake, capable of cutting three thousand feet of lumber a day. The writer has several 1 1/4 inch absolutely “clear” White Pine boards 24 and 26 inches wide and 18 feet long that were originally stored in a loft to be used in building a skiff. This mill was built in 1854 and the lumber was floated up the Lake to Superior, Oneota and Fond du Lac…
~ Superior, Wisconsin, papers, 1831-1942 ([unpublished])
SUPERIOR TOURIST SEASON OF 1854
From “A Pioneer of Old Superior” by Lillian Kimball Stewart
“In the summer of ’54 the Sam Ward plying between the Sault and any port on Lake Superior, brought on every trip a goodly number of emigrants, speculators, and tourists, bent on seeing the new “city” of Superior. Stuntz’s dock was located near an Indian village, so that every traveler as well as every piece of freight or baggage was subject to inspection by braves, squaws, and papooses before receiving a passport to the shore across the bay…”
~ Superior, Wisconsin, papers, 1831-1942 ([unpublished])

“It was in the spring of 1853 that Mr. Stuntz, Deputy U. S. Surveyor, received his second contract to survey and run the township lines taking in the range around Black River Falls, a portion of Left-hand River country and that part where Superior now is. In the latter part of April that year he organized a party – viz., Nat. W. Kendall, James McKinzie, Pain Bradt, James McBride, Harvey Fargo, Wm. H. Reed, John Chisholm, Joseph Latham, Augustus Barber, and your humble servant. Procured three birch-bark canoes and supplies at Stillwater, Minn.: left there the first day of May, passed up the St. Croix River to its head, made a portage of about two and a half miles into the headwaters of the Brule River, down said river into Lake Superior, thence up the lake to what was called the entry of St. Louis Bay [now Superior Bay], and landed on Minnesota Point in the early part of June. At that time there were no white settlers in this end of the lake – all Chippewa Indians and ‘breeds’ – scarcely a stick missing on that side of the bay where Superior City now stands. We finished the surveying contract and went in early fall down to Iron River, built a double log-shanty, and made other preparations for the construction of a saw mill. Here the first lumber was made at the head of the lake and the first road opened through to the settlement on the St. Croix. The following February, Mr. Stuntz having a trading-post on Minnesota Point [then Stuntz’s Point], I went there and assisted in building a block-house and steamboat pier, and found improvements and a few log-shanties built where old Superior now is located.”

[…]

HUSTLING FOR TOWNSITES [pages 58-60]

Vincent Roy Jr. (From Life and Labors of Rt. Rev. Frederic Baraga by Chrysostom Verwyst

Vincent Roy Jr.  ~ Life and Labors of Rt. Rev. Frederic Baraga by Chrysostom Verwyst,

VI. – Superior.

Vincent [Roy Jr.] had barely emerged from the trouble just described when it was necessary for him to exert himself in another direction.  A year or so previously he had taken up a claim of land at the headwaters of Lake Superior and there was improvement now on foot for that part of the country, and danger for his interests.

The ship canal at Sault St Marie was in course of construction and it was evidently but a question of days that boats afloat on Lakes Huron and Michigan would be able to run up and unload their cargo for regions further inland somewhere on the shore at the further end of Lake Superior, at which a place, no doubt, a city would be built.  The place now occupied by the city of Superior was suitable for the purposes in view but to set it in order and to own the greatest possible part of it, had become all at the same time the cherished idea of too many different elements as that developments could go on smoothly.  Three independent crews were struggling to establish themselves at the lower or east end of the bay when a fourth crew approached at the upper or west end, with which Vincent, his brother Frank, and others of LaPointe had joined in.  As this crew went directly to and began operations at the place where Vincent had his property it seems to have been guided by him, though it was in reality under the leadership of Wm. Nettleton who was backed by Hon. Henry M. Rice of St. Paul.  Without delay the party set to work surveying the land and “improving” each claim, as soon as it was marked off, by building some kind of a log-house upon it.  The hewing of timber may have attracted the attention of the other crews at the lower end about two or three miles off, as they came up about noon to see what was going on. The parties met about halfway down the bay at a place where a small creek winds its way through a rugged ravine and falls into the bay.  Prospects were anything but pleasant at first at the meeting; for a time it seemed that a battle was to be fought, which however did not take place but the parceling out of ‘claims’ was for the time being suspended.  This was in March or April 1854.  Hereafter some transacting went on back the curtain, and before long it came out that the interests of the town-site of Superior, as far as necessary for efficient action, were united into a land company of which public and prominent view of New York, Washington, D.C. and other places east of the Mississippi river were the stockholders.  Such interests as were not represented in the company were satisfied which meant for some of them that they were set aside for deficiency of right or title to a consideration.  The townsite of the Superior of those days was laid out on both sides of the Nemadji river about two or three miles into the country with a base along the water edge about half way up Superior bay, so that Vincent with his property at the upper end of the bay, was pretty well out of the way of the land company, but there were an way such as thought his land a desirable thing and they contested his title in spite of his holding it already for a considerable time.  An argument on hand in those days was, that persons of mixed blood were incapable of making a legal claim of land.  The assertion looks more like a bugaboo invented for the purpose to get rid of persons in the way than something founded upon law and reason, yet at that time some effect was obtained with it.  Vincent managed, however, to ward off all intrusion upon his property, holding it under every possible title, ‘preemption’ etc., until the treaty of LaPointe in the following September, when it was settled upon his name by title of United States scrip so called, that is by reason of the clause, as said above, entered into the second article of that treaty.

The subsequent fate of the piece of land here in question was that Vincent held it through the varying fortune of the ‘head of the lake’ for a period of about thirty six years until it had greatly risen in value, and when the west end was getting pretty much the more important complex of Superior, an English syndicate paid the sum of twenty five thousand dollars, of which was then embodied in a tract afterwards known as “Roy’s Addition”.
Biographical Sketch – Vincent Roy Jr;  Vincent Roy Jr. Papers.

Up to the time of the survey in the spring of 1854 all was chaos as to lands west of the claims of Robertson, Nelson, Baker and their party. There could be no titles or bona fide purchases, as only the mouth of the Nemadji had been surveyed. There were really three “townsite” companies— Robertson, Nelson and Baker, with their associates J. A. Bullen, J. T. Morgan, E. Y. Shelly, August Zachau, C. G. Pettys, Abraham Emmett, and perhaps others, forming one which had the surveyed lands next to the Nemadji. West of them were Francis Roy, Benjamin Cadotte, Robert Bothwick, Basil Dennis, Charles Knowlton and nearly a dozen half-breeds, mostly brought from Crow Wing by Nettleton in the interest of what was known as the “Hollinshead crowd”—Edmund and Henry M. Rice, George L. Becker, Wm. and George W. Nettleton, Benjamin Thompson, James Stinson and W. H. Newton. Still farther west were Benjamin W. Brunson, A. A. Parker, R. F. Slaughter, C. D. Kimball, Rev. E. F. Ely, George R. Stuntz, Bradley Salter, Joseph Kimball, Calvin Hood, and others who proposed to call their town Endion—”Ahn-dy-yon,” the Chippewa for “home.”

B. W. Brunson, still a resident of St. Paul, has described the contest in writing. He says:

Believing Superior would become of importance I went there in February, 1854, with R. F. Slaughter. We found some Ontonagon parties had claimed on the bay and we bought an interest in their claims and began to lay out a city and make improvements. While surveying the town, and when we had the same so far completed as to make a plat of it, the township having been subdivided by a good surveyor, then it was that Vincent Roy, Basil Dennis, Charles Brissette and Antoine Warren, accompanied by twenty-one other half-breeds and some four or five white men, headed, led and directed by one Stinson and one Thompson, who were acting for themselves and as agents of the company, came upon the lands to make their claims and avail themselves of pre-emption rights as citizens of the United States. These men were in the employ of the company for the purpose of making claims, and there was a claimant for each and every quarter-section as fast as the surveyor set the quarter-post. They had commenced the day before, with or at the same time the surveyor commenced his work. The timber being dense and there being a strong force, they were able to build an 8×10 cabin and cover it with boughs, upon each quarter, and then overtake the surveyor before he could establish the next quarter, thus taking the land as they went, and in that manner were progressing when they came upon the land marked out and occupied by us.

The meeting of the two hostile parties occurred on the banks of the deep slough in what is now called Central Park. Nothing but the timidity of the half-breeds prevented bloodshed. Brunson was armed and intended to, and did stand his ground. Thompson, one of the pluckiest of men, was also armed, having two revolvers, and was prepared and intended to proceed. The Indians, not being armed, did not wish to engage in a battle where the leaders only were prepared to fight; and so there was no physical conflict, though a state of chaos and bad feeling continued for some time. Several cabins were demolished, Brunson’s party entirely cutting in pieces a house built by Basil Dennis on the ground now occupied by Dr. Conan’s fine residence.

A long legal contest followed. Finally in 1862-63 patents issued from the government to three men—S. W. Smith, Lars Lenroot and Oliver Lemerise—chosen as trustees of the townsite for the benefit of actual occupants. Thus those who claimed to be proprietors of, but not settlers on the townsite, lost their lands as well as their labor. In the winter of 1853-54 Henry M. Rice asked the Commissioner of the General Land Office whether, when lands which had not been surveyed were claimed for a townsite they would be liable to pre-emption as soon as the survey should be made. The answer was in favor of pre-emption; and that is how those who with Brunson put money into Superior City townsite lost it. The actual settlers got the townsite, the patent being made to the three trustees named who divided the plat, containing 240 acres with riparian rights in Superior Bay, and deeded lots to occupants and purchasers. It may be proper to mention here that a little plat of thirty-four acres, with riparian rights in the bay, and known as Middletown, went through a similar siege of litigation and was finally patented to three trustees —Urguelle Gouge, Louis Morrisette and Nicholas Poulliott—for the benefit of actual occupants. These decisions did not come until the “city” had collapsed and the land become nearly worthless.


The New York Times

[June 19th, 1858]

WESTERN LAND FRAUDS.

More Blood in the Body than Shows in the Face – Land Frauds in the Northwest – The Superior City Controversy – Pre-emptions by Swedes and Indians

Washington, Thursday, June 17, 1858.

Senator Henry Mower Rice ~ United States Senate Historical Office

Senator Henry Mower Rice
~ United States Senate Historical Office

There are some interesting matters here besides what takes place in Congress, and I propose from time to time to touch upon them. An expenditure of $60,000,000 per annum does not cover all the pickings and stealings that “prevail” in our hereabouts. Senator RICE did not tell all he knew about land-office operations, when he testified to the value of the Fort Snelling property. Nobody is better aware than he that the tract would be much better to cut up into town lots than Bayfield was when he bought it for a few cents an acre, and sold it for hundreds of dollars. If we could find out all that Senator BRIGHT knows of these matters, one could learn how to become a millionaire at very small expense of brains or labor. Indian treaties and land-office jobbing have made more men rich than care to tell of it – ask General CASS if this is not so.

Attorney-General Caleb Cushing had previously invested with other Bostonians in the St. Croix River Valley copper mining and land speculation as the St. Croix and Lake Superior Mineral Company during 1845.

Seeing a bushel-basket of papers in the Interior Department the other day, I was curious to know what the kernel might be to all that rind, and made inquiry in the premises. I was told that they enveloped the case of Superior City. I cast my eye over some of them, and noticed that an argument was filed on behalf of one of the parties by Mr. Senator BRIGHT – or rather with Senator BRIGHT’S indorsement. This whetted my desire of knowledge, and I ran my eye over the paper in question, which was from the pen of a Minnesota Judge and was without exception the richest document I ever saw intended for a judicial or administrative tribunal. The substance of it was that the opinion of the Attorney-General CUSHING in the case was absurd, the adoption of his views by the Interior Department preposterous, and the action of the local Land office at Superior, in defining the status of certain half-breed Indians on the most abundant testimony, corrupt. It was clear enough that such a document required at least a senatorial indorsement to justify its reception. Nobody can suppose for a moment that Senator BRIGHT has any interest in the result of the case, or that he expected to influence the judgement of his friend, HENDRICKS, (Commissioner of the General Land Office,) by appearing in it. That would be too strong an inference to draw from so meek a fact ; and yet the malicious might suggest it as an apprehension.

Eye of the Northwest, pg. 8

Original Proprietors of Superior featuring James Stinson, Benjamin Thomson, Dr. W.W. Coran, U.S. Senator Robert J Walker, George W. Cass, and Horace Bridge.  Featured in The Eye of the North-west, pg. 8.

From the printed argument of Senator BRIGHT’S friend, and from a private abstract of the testimony in the case, and a few items I have picked up in the Land Office, I think it will be in my power to indite an epistle that may excite some attention. At the Southwestern extremity of Lake Superior, there is a tract of land, which is expected some day to become the cite of a large city. Being aware of its great advantages for this purpose, a St. Paul speculator by the name of THOMPSON, and a Canadian operator by the name of STINSON, undertook to possess themselves of it as long as as in the early part of General PIERCE‘S administration, by vicarious preemptions. In this plan they were assisted by some official gentlement, who shared in the spoils, and patents were ground out in double-quick time, or certificates issued to Swedes and Indians for the benefit of this STINSON and THOMPSON, and their associate speculators.

More Proprietors of Supeior from The Eye of the North-west, pg. 9.

More Proprietors of Supeior from The Eye of the North-west, pg. 9.

In the Summer of 1854, this Mr. STINSON, headed a gang of Swedes and led them from Swede Lake, in the Territory of Minnesota, to Lake Superior, guiding them in person to the tracts he wished them to preempt. These men were ignorant of our language and of our laws, and were used by STINSON to “settle” their tracts, “prove up” their claims, and “convey” to him, the said STINSON, without knowing either the frauds they were practicing, or the rights which they might have secured to themselves if they had been acting in good faith. In the Land Office at Hudson, where these frauds were perpetrated, there was a notary public, who drew the deeds to STINSON, got the signatures of the Swedes to them and took the acknowledgements, immediately after the preemption oath had been administered – the Swedes thinking the whole operation a part of the preemption process. The terms were said to be $30 a month, and a bonus of $15 on the consummation of the bargain. The names of these Swedes were Aaron Peterson, Martin Larson, Peter Nelson, John Johnson, Sven Magnassan, Lorenz Johnson, Peter Norell, Sven Larson, Andreas Senson, Johannes Helon, Johannes Peterson, and Peter Erickson. These “preemptors,” for their own benefit, all “proved up” at Hudson, and the very same day they made conveyances to STINSON. The same thing is true of another Swedish invasion that was made in the Summer of 1855. In that year three Swedes – Old Westerland, Andrew Walmart, and Israel Janssen – commenced their settlements June 11, proved up June 22, and conveyed to STINSON June 22 – eleven days being sufficient for the whole operation. The records of the Land Office at Superior, and of the Register of Deeds of Douglas County, show these facts. They are well known in the General Land Office.

But Mr. STINSON did not operate through Swedes alone. He and his friend THOMPSON worked with half-breed Indians also. In March, 1854, he and THOMPSON followed up the Government Surveys with a gang of Chippewa half-breed Indians. The whole gang made preemptions in Douglas County, under the guidance of THOMPSON and STINSON, who hired them at La Pointe, and convered a large portion of a township with their fraudulent pre-emptions, which were proved up simultaneously, and simultaneously conveyed to the attorney of THOMPSON and STINSON. The names of all of this gang appear on the tract books in the General Land Office. These were Joseph Lamoureaux, Joseph Defaut, Joseph Dennis, Joseph Gauthier, Francis Decoteau, John B. Goslin, George D. Morrison and Levi B. Coffee, all preemptors for these land-sharks. There were three or four more half-breeds in the gang, who ran foul of some eight or ten American citizens who were seeking to save a slice of this Territory from Swedish and Indian preemption, and lay out a town site there under the law. This was the origin of the Superior City controversy, which has been pending some three or four years in the various land offices, and which has accumulated the basket of papers which first drew my attention to a case of such interesting dimensions. The contest is nominally between three or four Chippewa half-breeds claiming some three hundred acres as a town site. But the Indians are not merely bogus citizens, they are bogus pre-emptors in the bargain, for they were the hired men of THOMPSON & STINSON.

The Dred Scott v. Sandford case influenced whether former (non-white) slaves residents of the United States could ever achieve status and rights (such as acquiring land) as citizens of America or not.  It is safe to presume that Cushing was quite familiar with the status and politics of Lake Superior Chippewa mixed acting as quasi-citizens of the United States from his time there during the 1840s.

Mr. CUSHING decided in this controversy, before it was so settled by the Dred Scott case, that a half-breed Indian, receiving annuities as such, recognized as a dependent of a tribe, and the beneficiary of treaty stipulations, could become a citizen of the United States only by some positive act of Federal legislation ; that he could not, of his own volition, or by the laws of a State, change his condition from that of an Indian to that of a Federal citizen. Strange as it may seem, it appears that this part of the Dred Scott is repudiated by Mr. Commissioner HENDRICKS, who thinks a state cannot make a Federal citizen of a man with a drop of negro blood in his veins, but that the Commissioner of the General Land Office may naturalize Indians, ad libitum, without statute or judgement to sustain him.

I am curious to see how this controversy will be decided. The General Land Office upheld STINTSON’S Swedish preemption, on the ground that the frauds were discovered too late for the Commissioner to interefere. Whether or not STINSON hasmade any negro preemptions does not appear. It was too cold at the end of the lake for negroes to flourish much. But now it is to be settled in a case where the attempted frauds have been seasonably discovered, whether or not a Canadian adventurer can preempt whole townships of the Public Lands by the agency of a gang of half-breed Indians, and procure patents for them when the facts are known to the Federal authorities.


The pre-emptive right. Homesteads.

~ Superior, Wisconsin, papers, 1831-1942 ([unpublished])

Detail of Superior City townsite at the head of Lake Superior from 1854 Plat Map of Township 49 North Range 14 West.

Detail of Superior City townsite at the head of Lake Superior from Stuntz’s 1854 Plat Map of Township 49 North Range 14 West.

Early history of Superior should make mention of this right of acquisition, since there under, titles to government land were derived. Any qualified person might acquire title to one hundred and sixty acres of land by settling thereon, erecting a dwelling and making other improvements. Such person was to be twenty-one years of age, either male or female, or the head of a family whether man or woman.

Proof of each settlement was required to be made on a certain day at the United State Land Office and upon the payment of two hundred dollars with the taking of a required oath, the preemptioner got his one hundred and sixty acres of land.

But the whole proceeding, was far from straight, as a general thing, and in fact often amounted to a fraud.

In the words of George R. Stuntz:
“In the first place, Superior was backed by a powerful company of Democratic politicians and Government bankers in Washington, while the northern and northeastern portions of the state were still held by the Indians. This Superior company sought a connection with the Mississippi river, to obtain which they urged in congress the passage of a land grant bill, offering ten sections to the mile to aid in the construction of a railroad from Milwaukee to some point on Lake St. Croix, on the western boundary of the state of Wisconsin.”
History of Duluth and St. Louis County, Past and Present,
Volume 1, page 230.
U.S. Representative John Cabell Breckinridge of Kentucky and U.S. Congressman Henry Mower Rice of Minnesota were both Democrats and both invested in land claims near Superior City.
The Barber familiy members appear to have been Republicans.

Hence the whole country, in and about Superior, was dotted with preemption cabins, which were little more than logs piles up in walls, without floors, or windows, often with brush for a roof, a hole therein for a chimney and perhaps for a door. A slashing of half an acre or so of trees was the “improvement” so called. A very barbarous travesty, it was, upon a white man’s home and farm. Here is an instance, where as was said, a certain doctor of divinity laid claim to a quarter section of land, now in the midst of this city.

One day he sought “to prove up” his preemption, and one Alfred Allen was his witness, and they asked Allen, “Was the pre-emptions shanty good to live in?“, the law requiring a good habitable house on the claim.  And Alf said “Yes, good for mosquitoes.” The Reverend said “Pshaw! Pshaw!” Meanding to upbraid or caution the witness who thereupon only protested and adjured the harder. The difficulty was somehow smoothed over, through some mending of the proofs, and perhaps connivance on the part of persons charged with administration of the United States land laws.

Nevertheless, it is interesting to member that upon rude and rough proceedings, such as are herein alluded to, rest at bottom the titles and claims to everything we own in the nature of lots, blocks, and land.

From: Statements of Hiram Hayes. Mr. Hayes came to Superior in 1854.


History of Duluth and St. Louis County, Past and Present, Volume 1

By Dwight Edwards Woodbridge, et al, 1910

GEORGE R. STUNTZ. [pages 229-231]

One of the earliest settlers at the head of the lakes was Mr. George E. Stuntz, who a short time ago joined the great majority. Before his death Mr. Stuntz wrote of his pioneer experiences as follows:

“In July, 1852, I came to the head of Lake Superior to run the land lines and subdivide certain townships. When I arrived at the head of the lakes there was nothing in Duluth or Superior. There was no settlement. The old American Fur Company had a post at La Pointe, at the west side of Madeline Island.

Detail of Minnesota Point during Stuntz's survey contract during August-October of 1852.

Detail of Minnesota Point from Stuntz’s Exterior Field Notes (August-October of 1852).

“In 1853 I got the range subdivided, and also in Superior, townsite 49, range 13. During the same year, later, in my absence, there came parties from the copper district of upper Michigan and located claims upon the range. They were principally miners. During the same year I built a residence on Minnesota Point under treaty license before the territory was sold to the Government. At that time there were only missionaries or license traders in the tract, as it belonged to the original Indian territory. In 1852, at Fond du Lac, there was a trading post and warehouse, in which I stored my goods on my arrival. In the fall of 1853 I bought three yoke of cattle and two cows at St. Croix Falls and brought them to the mouth of the Iron river, and had to cut a road thirty miles through the dense forest so as to get the oxen, cows and cart through. Later in the fall of 1853 I came through with an extra yoke of oxen, buying provisions, etc., and on coming up to Superior I found quite a settlement of log cabins. These settlers were anxious to get to the United States land office, then at Hudson, Wis. A dense forest intervened. We organized a volunteer company in January, 1854, to cut a road from old Superior to the nearest lumber camp on the St. Croix river, I furnishing two barrels of flour, provisions, pony and dog train, necessary to carry the provisions for a gang of seventeen men. The road was completed in twenty days, the snow being at that time two feet deep. This cut through a direct road to Taylor’s Falls and Stillwater. In 1854 I completed a mill on the Iron river and employed a man to superintend it, and I remained at Minnesota Point, my trading post, where I had first taken out the license. In the same year I took a contract to subdivide two townships located in Superior, townships 48-49, range 15, and afterward I attended the treaty at the time the Indians sold this country to the Government.

Before the 1854 Treaty of La Pointe could be ratified in Washington, D.C., the oral description agreed upon during the negotiations for exterior boundaries of the Chippewa treaties had to be surveyed with the tribe, documented, and delivered to Washington, D.C. before 1855.  It is not clear who was involved with the exterior boundaries of these reservations; whether it was Stuntz, Barber, and/or others from their party.

“There were 5,000 Indians present with their chiefs. It was the biggest assemblage of Indians ever held at Lake Superior at this period of the country’s history. It took a month to pacify the troubles that grew among the different tribes in regard to their proportionate rights. This treaty was sent to congress September [30], 1854, and was ratified and became law in January, 1855.


 To be continued in 1854