Judge Bell Incidents: Fooled the Austrian Brothers
October 30, 2025
Collected & edited by Amorin Mello
This is the third post in a series featuring The Ashland News items about La Pointe’s infamous Judge John William Bell, written mainly by his son-in-law George Francis Thomas née Gilbert Fayette Thomas a.k.a G.F.T. In today’s post we explore stories about real estate transactions negotiated between Judge Bell and Julius Austrian.
… continued from King No More.
The Ashland News
Wednesday, January 11, 1888, Page 5
STORIES OF JUDGE BELL
HOW HE FOOLED THE AUSTRIAN BROTHERS IN A LAND DEAL.
“Incidents in the life of Judge John W. Bell. – A Half Century in Old La Pointe – by Geo. Francis Thomas.”
Such is the proposed title to a forth-coming historical work which will prove wonderfully interesting, especially to the older residents in this vicinity. The author begins with the year 1835, when the brig “John Jacob Astor,” the first vessel built upon the shores of Lake Superior, first cast her anchor in the bay at La Pointe, and ends with the death of the old pioneer, John W. Bell, which occurred but a few days since. In speaking of the pioneer the author says:
“From the day that Mr. Bell stepped ashore at La Pointe from ‘The Astor,’ June 23, 1835, to the day of his death, he was a character possessing a most positive individuality; and it was not until his later years, and then when he had become financially distressed, that his wonderful spirit became at all broken; but even then he was never known to as a favor.”
The old judge, or “Squire” as he was usually called, was always ready to relate some incident of early days in which he was usually a participant. There are also a great many equally interesting incidents related by others, where the old judge would not justify his telling the story himself. The author says:
Detail from Julius Austrian’s 1854 Plan of the Town of La Pointe with Judge Bell’s Block 35 and four small Lots.
~ Wisconsin Historical Society
“[…] except a small portion in the North West Corner claimed and enclosed by Edwin Connor, and so much of the South West Corner as is claimed by P. B. Vanderventer, and the enclosure of Barboo & Meletle in the South East Corner”
“The old man always liked to have things done on the square, so when Julius Austrian was platting the village of La Pointe and proposed to Mr. Bell to give him the block he already occupied for a nominal consideration, Mr. Bell insisted that his block, number thirty-five, be exactly square – all the four streets crossing at right angles. A square block or lot was quite a novelty where each squatter’s garden-patch had been fenced in and called a lot, regardless of street lines or quantity of land.”
Memoirs of Doodooshaaboo: Joseph Austrian’s Time at La Pointe 1851-52 (Pt. 2)
“Our blind brother Marx Austrian with brother Julius’ assistance at that time, preempted 160 acres of land near Bayfield from La Point, complying with preemption laws. He built a small log house living there with his wife. One night during their first winter in their new house, there was a knock at the door, and when opened they were confronted by a number of Indians, who were evidently under the influence of liquor and who swinging their tomahawks vigorously, making all sorts of threatening demands. An old Indian who knew Marx interceded and enabled him and his wife to escape without injury who thoroughly scared fled panic stricken in the dark about two miles at night, over the ice, on the Bay which was covered with a foot of snow to La Point for safety. The poor woman having the hazardous task of leading her blind husband over this long and difficult road, not to come back again and glad to escape with their lives and thus abandoning their right of preemption. This place was later on platted and is now known as the Bayfield Addition.”
Mr. Bell was an acute judge of human nature, and made it an invariable rule to deal with his fellowmen according to each one’s individual peculiarity. Before Bayfield was located, or in fact thought of as a town site, a Hebrew by the name of Marx Austrian pre-empted the 126 acres of land now known as Austrian’s clearing, and which adjoins Bayfield on the south. After a short residence upon the claim Mr. Austrian’s family became sick, and in order that proper care might be given them they were compelled to move to La Pointe, where a physician could be had. A speculator, noticing the apparent irregularity, tried to jump the claim. The case was taken to Superior for trial, and Mr. Bell, being the only available witness, the Austrian brothers and Louis Leopold proposed to give him a one-fourth interest in the land as compensation for making the trip to Superior. Mr. Bell accordingly accompanied the party, to Superior, and on arriving at the hotel as was his custom, he immediately began to make himself at home with the guests of the house, most of whom he was well acquainted with. At length when the case was called, Mr. Bell seemed so entirely unconcerned that he was urged to come forward by some one of the interested parties; but Mr. Bell carelessly said,
“Oh! I believe I will not attend court today.”
Julius Austrian
~ Madeline Island Museum
The Austrians wildly expostulated, and at last agreed to pay all the old “Judge’s” expenses for the trip, besides giving him a one-fourth interest in the 126 acres of land. This brought him all right and Marx Austrian gained his point. A few years later, when the town of Bayfield was laid out by the Hon. Henry M. Rice, the Austrians, Julius and Marx, concluded that they ought to buy back the one-fourth interest in the 126 acres held by “Squire” Bell, and accordingly Julius approached him on the subject. Mr. Bell was a man of few words and no give-in to his dictum. He told Austrian that $1,000 would buy his interest if taken by noon the next day. Austrian claimed the price was exorbitant but finally went off to get the cash. on the morrow at noon, or a few minutes before, Austrian called on Bell and said he could only give him $800. Mr Bell insisted on $1,000, which Julius Austrian finally agreed to pay;
“but,” says Mr. Bell, “now you are too late. It is fully a minute past the time which I specified, now I will not take less than $1,250, and that must be forthcoming within two hours from now.”
Hannah Leopold Austrian
~ Madeline Island Museum.
This time Austrian kept away, thinking Mr. Bell would go back to his $1,000 offer if he did not seem too anxious. In that Mr. Austrian misjudged his man, for when Austrian again approached the “squire” his price was $1,500 spot cash. Things now looked dubious to the Austrians, a conference was held with Mrs. Hannah Austrian and together they raised $1,300, all the cash which was available at that moment. This they handed over to Mr. Bell with a sight due bill for $200, secured by a deposit of all Mrs. Austrian’s jewels, including her diamond earrings. They got back the one quarter interest in the 126 acres, and they have paid taxes on it ever since, yet the whole is hardly worth now what the quarter cost them.
“This recalls an incident back in ’61 or ’62,” said one of the jurymen at a recent trial in this city. “It was a case against a trader who was accused of selling whiskey to an Indian. The jury was drawn, and after hearing the evidence they retired to a back room to determine on a verdict. It was about four o’clock in the afternoon. At six o’clock the jury was about evenly divided. About midnight, after continuous balloting, the vote stood ten for acquittal and two for conviction. There was no fire in the room, and it was very cold. The ten jurors who stood for acquittal made one final request to the other two to vote with them, but they persistently refused. The ten then got a long pine board and laying it across two stools proceeded to play an interesting game of freeze-out. About two o’clock one of the two came over on the other side and joined the rest in the game of freezing out the other juror. At three o’clock in the morning he gave up.”
To be continued…
Judge Bell Incidents: King of the Apostle Islands
January 30, 2025
Collected & edited by Amorin Mello
This post is the first of a series featuring The Ashland News items about La Pointe’s infamous Judge John William Bell, written mainly by his son-in-law George Francis Thomas née Gilbert Fayette Thomas a.k.a G.F.T.
Wednesday, September 30, 1885, page 2.
ON HISTORICAL GROUND.
James Chapman
~ Madeline Island Museum
Judge Joseph McCloud
~ Madeline Island Museum
Saturday last, says The Bayfield Press, the editor had the pleasure of visiting Judge John W. Bell at his home at La Pointe, accompanied by Major Wing, James Chapman and Judge Joseph McCloud. The judge, now in his 81st year, still retains much of that indomitable energy that made him for many years a veritable king of the Apostle Islands. Owing, however, to a fractured limb and an irritating ulcer on his foot he is mostly confined to his chair. His recollection of the early history of this country is vivid, while his fund of anecdotes of his early associates is apparently inexhaustible and renders a visit to this remarkable pioneer at once full of pleasure and instruction. The part played by Judge Bell in the early history of this country is one well worthy of preservation and in the hands of competent parties could be made not the least among the many historical sketches of the pioneers of the great northwest. The judge’s present home is a large, roomy house, located in the center of a handsome meadow whose sloping banks are kissed by the waters of the lake he loves so well. Here, surrounded by children and grand-children, cut off from the noise and bustle of the outside world, his sands of life are peacefully passing away.
Leaving La Pointe our little party next visited the site of the Apostle Islands Improvement company’s new summer resort and found it all the most vivid fancy could have painted. Here, also, we met Peter Robedeaux, the oldest surviving voyager of the Hudson Bay Fur Co. Mr. Robedeaux is now in his 89th year, and is as spry as any man not yet turned fifty. He was born near Montreal in 1796, and when only fourteen years of age entered the employ of the Hudson Bay Fur Co., and visited the then far distant waters of the Columbia river, in Washington Territory. He remained in the employ of this company for twenty-five years and then entered the employ of the American Fur company, with headquarters at La Pointe. For fifty years this man has resided on Madeline Island, and the streams tributary to the great lake not visited by him can be numbered by the fingers on one’s hand. His life until the past few years has been one crowded with exciting incidents, many of which would furnish ample material for the ground-work of a novel after the Leather Stocking series style.
Wednesday, June 30, 1886, page 2.
GOLDEN WEDDING.
About thirty of the old settlers of Ashland and Bayfield went over to La Pointe on Saturday to celebrate the golden wedding anniversary of Judge John W. Bell and wife, who were married in the old church at La Pointe June 26th, 1836, fifty years ago. The party took baskets containing their lunch with them, the old couple having no knowledge of the intended visit. After congratulations had been extended the table was spread, and during the meal many reminiscences of olden times were called up.
Judge Bell is in his eighty-third year, and is becoming quite feeble. Mrs. Bell is perhaps ten or twelve years younger. Judge Bell came to La Pointe in 1834, and has lived there constantly ever since. La Pointe used to be the county seat of Ashland county, and prior to the year 1872 Judge Bell performed the duties of every office of the county. In fact he was virtually king of the island.
The visitors took with them some small golden tokens of regard for the aged couple, the coins left with them aggregating between $75 and $100.
Wednesday, July 20, 1887, page 6.
REMINISCENCES OF OLD LA POINTE
(Written for The Ashland News)
Visitors to this quiet and delapidated old town on Madeline Island, Lake Superior, about whom early history and traditions so much has been published, are usually surprised when told that less than forty years have passed since there flourished at this point a city of about 2,500 people. Now not more than thirty families live upon the entire island. Thirty-five years ago neither Bayfield, Ashland nor Washburn was thought of, and La Pointe was the metropolis of Northern Wisconsin.
Since interesting himself in the island the writer has often been asked: Why, if there were so many inhabitants there as late as forty years ago, are there so few now? In reply a great number of reasons present themselves, chief among which are natural circumstances, but in the writer’s mind the imperfect land titles clouding old La Pointe for the last thirty years have tended materially to hastening its downfall.
Captain John Daniel Angus
~ Madeline Island Museum
Of the historic data of La Pointe, of which the writer has almost an unlimited supply, much that seems romance is actual fact, and the witnesses of occurrences running back over fifty years are still here upon the island and can be depended upon for the truthfulness of their reminiscences. There are no less than five very old men yet living here who have made their homes upon the island for over fifty years. Judge John W. Bell, or “Squire,” as he is familiarly called, has lived here since the year 1835, coming from the “Soo,” on the brig, John Jacob Astor, in company with another old pioneer of the place known as Capt. John Angus. Mr. Bell contracted with the American Fur Co., and Capt. Angus sailed the “Big Sea” over. Mr. Bell is now eighty three years of age, and is crippled from the effects of a fall received while attending court in Ashland, in Jan. 1884. He is a man of iron constitution and might have lived – and may yet for all we know – to become a centenarian. The hardships of pioneer life endured by the old Judge would have killed an ordinary man long ago. He is a cripple and an invalid, but he has never missed a meal of victuals nor does he show any sign of weakening of his wonderful mind. He delights to relate reminiscences of early days, and will talk for hours to those who prove congenial. Once in his career, Mr. Bell had in his employ the famous “Wilson, the Hermit,” whose romantic history is one of the interesting features sought after by tourists when they visit the islands.
~ History of Northern Wisconsin, by the Western Historical Co., 1881.
Once Mr. Bell started an opposition fur company having for his field of operations that portion of Northern Wisconsin and Michigan now included within the limits of the great Gogebic and Penokee iron ranges, and had in his employ several hundred trappers and carriers. Later Mr. Bell became a prominent explorer, joining numerous parties in the search for gold, silver and copper; iron being considered too inferior a metal for the attention of the popular mind in those days.
Almost with his advent on the island Mr. Bell became a leader in the local political field, during his residence of fifty-two years holding almost continually some one of the various offices within the gift the people. He was also employed at various times by the United States government in connection with Indian affairs, he having a great influence with the natives.
Ramsay Crooks
~ Madeline Island Museum
The American Fur Co., with Ramsay Crooks at its head gave life and sustenance to La Pointe a half century ago, and for several years later, but when a private association composed of Borup, Oakes and others purchased the rights and effects of the American Fur Co., trade at La Pointe began to fall away. The halcyon days were over. The wild animals were getting scarce, and the great west was inducing people to stray. The new fur company eventually moved to St. Paul, where even now their descendants can be found.
Julius Austrian
~ Madeline Island Museum
Prior to the final extinction of the fur trade at La Pointe and in the early days of steamboating on the great lakes, the members of the well-known firm of Leopold & Austrian settled here, and soon gathered about them a number of their relatives, forming quite a Jewish colony. They all became more or less interested in real estate, Julius and Joseph Austrian entering from the government at $1.25 per acre all the lands upon which the village was situated, some 500 acres.
Joseph Austrian
~ Jennifer Barber Family
The original patent issued by the government, of which a copy exists in the office of the register of deeds in Ashland, is a literary curiosity, as are also many other title papers issued in early days. Indeed if any one will examine the records and make a correct abstract or title history of old La Pointe, the writer will make such person a present of one of the finest corner lots on the island. Such a thing can not be done simply from the records. A large portion of the original deeds for village lots were simply worthless, but the people in those days never examined into the details, taking every man to be honest, hence errors and wrongs were not found out.
Now the lots are not worth the taxes and interest against them, and the original purchaser will never care whether his title was good or otherwise. The county of Ashland bought almost the whole town site for taxes many years ago and has had an expensive load to carry until the writer at last purchased the tax titles of the village, which includes many of the old buildings. The writer has now shouldered the load, and proposes to preserve the old relics that tourists may continue to visit the island and see a town of “Ye olden times.”
~ The Boscobel Dial
September 29, 1885.
Originally the intention was to form a syndicate to purchase the old town. An association of prominent citizens of Ashland and Bayfield, at one time came very near securing it, and the writer still has hopes of such an association some day controlling the historical spot. The scheme, however, has met with considerable opposition from a few who desire no changes to be made in the administration of affairs on the island. The principal opponent is Julius Austrian, of St. Paul, who still owns one-sixth part of La Pointe, and is expecting to get back another portion of lots, which have been sold for taxes and deeded by the county ever since 1874. He would like no doubt, to make Ashland county stand the taxes on the score of illegality. As a mark of affection for the place, he has lately removed the old warehouse which has stood so many years a prominent landmark in La Pointe’s most beautiful harbor. Tourists from every part of the world who have visited the old town will join in regretting the loss and despise the action.
G. F. T.
To be continued in King No More…
Memoirs of Doodooshaboo: Joseph Austrian at Eagle River 1854-1859
November 2, 2024
By Amorin Mello
This post is the seventh of our Memoirs of Doodooshaboo series reproducing the memoirs of Joseph Austrian at the Chicago History Museum. The previous post began in 1852 when the Leopold & Austrian family transferred Joseph from their La Pointe store to work at their other store in Eagle River on the Keweenaw Peninsula, and ended up spending the Winter of 1853 at the family headquarters in Cleveland to greet his mother and siblings upon their arrival immigrating from Bavaria.
This post begins in 1854 upon Joseph’s return from Cleveland to Eagle River to continue the family business at their new storefront, and provides insights into the growing pains of the pioneering copper mining companies on the Keweenaw Peninsula, Joseph somehow fails to mention much else about life on Lake Superior during 1854-1859.
1854-1859 were the boom and bust years of La Pointe County land speculation, which arose from the La Pointe Treaty of 1854 and Soo Locks of 1855, and crashed with the 1857 Financial Panic of 1857 and American Civil War of 1861. It is unfortunate how Joseph’s memoirs do not mention anything about his Leopold & Austrian family’s business at La Pointe during 1854-1859, when they were capitalizing on Chippewa Treaty Allotments in the Penokee Mountains to form the La Pointe Iron Company.
Some of that story can be told through other records in our Austrian Papers and upcoming posts on Chequamegon History. Until then, we’ll continue with Joseph’s memoirs.
Memoirs of Doodooshaboo
… continued from after La Pointe 1852-54.
Partner of Leopolds in Eagle River Store. 1854.
Louis Leopold & Babette Austrian;
Hannah Leopold & Julius Austrian.
On our arrival in Eagle River, May 1854, I found the work on the store had not been properly finished by the contractor, and I had my hands full to get the new store in shape quickly for business without unnecessary delay. Henry Leopold & wife (my sister Ida) occupied the apartment over the store and I boarded with them as soon as they started housekeeping, which as a matter of course was a great improvement over our former mode of living, and fresh meat was no longer scarce.
Sketch of the Cliff Mine, 1849.
~ The Cliff Mine Archeology Project Blog
The additional store now permitted us to add, various new departments in; grain, heavy provisions, hard ware, &c. We also opened up in connection with our business a meat market located at the Cliff Mine, managed by Henry F. Leopold with a branch at Eagle River. I took sole charge of the Eagle River business making the daily rounds to the Cliff and other near by mines, boarding houses and miners homes, soliciting orders. In the evenings I worked at the books, as I had no one to assist me in this work.
Sam went to Mackinaw to wind up the old business affairs of his brother Louis, then he went to New York and settled with his creditors. After this he went to Eagle River in the fall and we jointly attended to the business. He went to New York every season to buy goods, consisting of clothing, dry goods, boots & shoes & mens furnishing goods.
During the second winter of our settling at Eagle River, he went to Europe and became engaged to Babette Guttman, a cousin of mine, and the following winter he went to Europe again to be married and returned in the Spring with his wife. A Mr. Henry Guttman, Babette’s brother who had been interested with us in the meat market at the Cliff Mine assisted me in our store during Sam’s absence.
Henry Guttman (Goodman) immigrated with the Austrians.
~ 17 October 1853 passenger manifest of the steamer Atlantic.
Business Increases.
Later on I found it necessary to engage a book keeper owing to the rapid growth of our business, and for that purpose I engaged a Mr. Moses Hanauer, a son of the teacher in the native place of the Leopolds.
I made it my duty to solicit orders and deliver goods, and went the rounds in a delivery wagon daily, soliciting new orders. Of course I had a hostler to attend to the horses & wagons and who assisted in loading the goods. By the next year our store had again become too small and I contracted for a new wing to be added, which made a great improvement and gave us better facilities for carrying on our business.
Phoenix Mining Company’s Drafts Protested.
By an arrangement with the Phoenix Mining Co. we agreed to attend to the payment of their miners, taking the drafts of the Company’s agent in Boston in settlement each month. We did this on account of the business which came to us through it.
~ The Mining Magazine: Devoted to Mines, Mining Operations, Metallurgy, &c., &c., Volume 2, 1854, pg. 404.
After this thing had gone on for some time, the several drafts had amounted to a big sum, and unexpectedly to our consternation the drafts came back protested.
We had quite a struggle and wrangle trying to get them to make good their drafts. Finally Sam Leopold went to Boston and proposed that we would take the mine in payment of their debt if they though it was not worth the protested drafts. This proposition brought them to their senses and they made immediate arrangements then for funds by calling an assessment on the Stockholders to satisfy our claim.
The success we had met with in the Eagle River business in course of years gave us sufficient capital for new enterprises.
To be continued on the Keweenaw Range 1860-1864…
The 19th Ojibwe Journal of Edmund F. Ely
July 9, 2023
By Leo and Amorin
The Ojibwe Journals of Edmund F. Ely, 1833-1849, compiled and edited by Theresa Schenck, and published by University of Nebraska Press in 2012, are a fascinating window into Ojibwe Country at a pivotal time in history. Chequamegon History frequently cites this work, which consists of eighteen journals kept by a Protestant missionary during his largely unsuccessful labors among the Ojibwe people of western Lake Superior and the upper Mississippi country. In it, Dr. Schenck alludes to a nineteenth journal, not published in the book, dealing with the liquor trade at La Pointe in the years 1847 and 1848. 
The original manuscripts are held by the Northeast Minnesota Historical Center at the University of Minnesota-Duluth. Other historical societies hold transcripts made by Grace Lee Nute and Veronica Houle in the 1930s. Here we present our own transcription of Journal 19.Unlike numbers 1-18, Journal 19 is less a personal diary and more an official log of incidents related liquor trafficking and drunkenness on Madeline Island and surrounding regions. During those years, Ely was a teacher at the La Pointe Mission under Rev. Sherman Hall and also provided assistance to Rev. Leonard Wheeler at the Bad River Mission. These missionaries came from the New England evangelical tradition of the Second Great Awakening, which in addition to trying to convert the peoples of the world, also produced movements for Abolitionism, Women’s Suffrage, and Temperance. Letters indicate that some form of La Pointe Temperance Society was created in the late 1840s. Journal 19 references papers on file, indicating that the document may actually be the official log of the Temperance Society, probably having the intent to produce evidence against illegal liquor traders.
The use of alcohol in the fur trade goes back four centuries, to the earliest French presence on Lake Superior. Government and church efforts to suppress that trade go back almost as far. These measures, however, were never successful in fully eliminating liquor from the trade. By 1847, the laws related to alcohol at La Pointe were somewhat ambiguous. The Intercourse Acts of the United States prohibited the sale of liquor to Indians and on Indian lands. Enforcement, therefore, was the responsibility of the Government Sub-Agent. However, there were questions over whether his jurisdiction extended to non-Natives, to mix-blood Ojibwe people with American citizenship, or to transactions completed on the water of Lake Superior. Suffice it to say, both Federal laws and local ordinances prohibiting alcohol were enforced irregularly. The missionaries found this maddening.
Edmund F. Ely was perfect for the job of professional tattletale. For one thing, he was good at being disliked. He had numerous enemies in both the Ojibwe and the non-Native population. Around the time he was driven out of Fond du Lac by the chiefs of that community, he even went so far as to compile a list of reasons why the Fond du Lac Ojibwe disliked him. He would later go on to alienate several of the early settlers of Superior and Duluth during the McCracken-Ludden Affair, and he often sent complaints about his fellow missionaries back to headquarters in Boston.
We, today, are also fortunate that Ely had this job. Most accounts from this era, about the destructive power of alcohol in the Laker Superior trade are very similar in nature. We get a lot of righteous screeds, emphasizing only sensational violence. These are long on moralizing and short on interesting detail. Ely is certainly moralistic to the point of sanctimony, and some of his accounts are extremely violent. However, Journal 19 preserves the same types of details and idiosyncratic observations that makes the earlier journals so compelling. Because of this, we get a true window into the nuances of 1840s La Pointe society. Despite lax or selective enforcement of liquor laws, we arguably see a community less affected by alcohol than the nearby white settlements at St. Croix and Ontonagon. Finally, we get to see familiar characters, learn of their triumphs and failures, and hear stories both horrific and humorous, but seemingly very real.
The Ojibwe Journals of Edmund F. Ely:
LaPointe 1847-1848
Journal # 19
1847
May.
Adams of Ontonagon came to Bad River with goods & Whiskey, for trade with the Indians. He first past into the Bay behind Shagouamik & the whiskey was secreted near the sand cut. Mr. Hayes (Sub-Agt) Learning of this movement went in search, & destroyed [it at once. 50 to 80 Quarts sold.]
Aug.
The Sail Boat “Flying Indian” [came ashore for sale] with whiskey & secreted it [illeg.]
“
Schooner “Fur Trader” searched by the Sub Agent & [33] qua [btls] of Liquour in bottles destroyed.
“
[omitted or illegible sentence]
“
Steam Boat “Julia Palmer” boarded and searched at the [Sault] [illeg.] of [illeg.]
Martin Beaser,a prominent name in early Ashland history, got his start here as an illegal liquor trader. These late summer incidents, in both 1847 and 1848, coincide with the La Pointe annuity payments
Augt.
Martin Beser, of Ontonagon arrived in a Yawl–with a few others, reported as passengers. Journalist has been informed that she brought part of the load (whiskey) of the Flying Indian. Probably had considerable whiskey of belonging to Beser & the Passengers.
— Besor’s boat with himself, Chas. Rowley & a stranger on board (all intoxicated) was upset in a squall while cruis about Eleven o clk P.M. while cruising about the harbour. Wind Northerly. They drifted on to Shagouamik & struck some distance off the point on the shoal in about 4ft water. Men lay on the side of the boat, benumbed, helpless, & almost speechless & inconscious.
—It being surmised from certain movements, by a member of the Temp. Socy. that a Bbl of Whiskey would be removed from the Island to Shagouamik. Mr. Hayes was informed, who sent off Mr. Smith & two strikers, before day break, to keep a look-out. Mr. Smith discovered Besor’s boat–took off the men & brought them to Cadottes–where they were seen by Messrs Wheeler & Johnson & others.
“–Sab.
Besor’s boat left, and were obliged to put in to Bad River where were encamped the Lac du Flambeau Wisconsin Indians Indians returning from payment. There was liquor enough onboard to commence a trade. The Indians were supplied & became intoxicated. The wife of White Bird (mother of Kebebizindų) was present, who states that an Ind rec’d a bottle from one of the men on board, in exchange for a Blanket, but as ascertaining it contained only water went to take his Blanket again, whereupon Besor resisted him & knocked him down with a Rifle. The Ind’s were roused by the report that the white men were killing the man, & as the boat shoved off the shore, fired upon it, shot & ball, one Ball passed through the post of the ship keel [cent]. & struck lodged in the arm of James Dorman, who had thrown himself there off place of safety. Boat put back to Warren’s for surgical help–left Dorman & went off same day (Sunday)
[perpendicular to beginning of struck-out statement]Incorrect
[in margin at beginning of struck-out statement]
Sab previous
[perpendicular to ending of struck-out statement]This statement is incorrect see Whitebird’s wife’s statement on file.
On the last two days of the payment,
Bottles of liquor were smuggled ashore in the pockets of dealers, & sold for $1, per bottle, or exchanged for blankets. Some bottles were found to contain only water. The trade in bottles was carried on, (it is believed) through the windows of the Julia Palmer. Capt. Wood, of the steamer was detected in the night, landing his yawl, with bottles of whiskey in possession. Some two or three Bbls, (in different sized casks) were found & destroyed by Govt.
Nov.
Francois Boudrie of Ontonagon arrived here with whiskey. Evidence was obtained of his having infringed the law in selling to Indians & also of selling without licence. Mr. Austrian lodged a complaint with Justice Bell & Boudrie was brought to trial, but from his supposed inability to pay the fine, & there being no prison, at the was set at liberty on securing an amount of $5 for costs, without bonds “to keep the peace” being required to enter into Bonds to keep the peace.
— Jejiguaio complained to Justice Bell against Millette for selling whiskey to Indians in exchange for paymt. goods. Case not examined–
— gave Mr. Oakes a list of goods, traded for whiskey with Millette. Indian was dissatisfied needed his goods & wished to get them again.
May 13.
Francis Boudrie of Ontonagon brought whiskey to Bad River for trade with the Inds. B. confessed his crime to Messrs. Wood & Wheeler. An officer warrant was issued by Justice Bell, but the officer arrived too late to arrest him, he having left the Territory.
May 6.
Propeller Independence arrived from Sault St. Maries. Not known that any intoxicating liquor was landed save 2 Bbls cider for Mr. Watrous.
19th
Chas. Brissett states that Henry Beaulieu told him he (Henry) bought one bottle of liquor of Watrous for $1. (Whh Henry denies) Some observed Henry to be, in their estimation, a little excited from drink.
May 23.
Propeller Independence arrived today from Sault St. Maries. Dr. Borup & fam, & J. P. Hayes Esq. passengers.
Items gathered at Ance Kiueonaui. In Oct Last, 3 young men (Indian) from the methodist Station, went across the bay to Meniclear’s, got whiskey, & returned drunk. One of them lay on the shore & died in the night. A coroner’s Inquest was held on the body. (P.O. Johnson)
Some time in Nov. or Dec.
A canadian came through from Green Bay in company with J. Paull of Ontonagon, got liquor of Geo. Burkett, & was drunk some days, was then attacked (with pluerisy probably) & died (P.O. Johnson)
In Jany.
3 miners came from Copper Harbour, on their way to Green Bay, with considerable money. They stopped at Meniclear’s & gave themselves to drinking one or two days, during which, one did a severe wound in the hand, and another found himself minus about $100. (Johnson)
There are 5 traders at L’Ance, viz.
P. Crebassa no whiskey
Meniclear Whiskey & drinker
Geo. Burkett. do – do
Sherman do – do
Sheldon do – do
2 of the above drinkers, also abuse their families.
Some time in the fall of 1847,
John Champaigne, in the Employment of Doct. Kane, on their way up the ontonagon was seized with delirium tremens, & died. Had been drinking at the mouth of Ontonagon.–
March 2nd, 1848.
Jas. Landergrun was found in a dying state on the Ice, Ontonagon River, for particulars see the letter of Mr. Saml O. Knapp (on file)
Feb 7. 1847.
Henry Rust was killed shot by a shot from an Nodin or his son in law, at Dicks Drakes trading house on Snake River St. Croix, Co. Drake & another man were drunk & were fired upon they were too drunk to know much about the circumstances for particulars, see statement of J. P. Hayes Esq (on file)
May 1848.
–Drake shot dead killed by a shot Bapt. Robideau– Liquor the cause.
June 19.
Schooner Swallow arrived from Sault St. Maries. freight for Messrs Hyde, Leopoled & N. Fur Co.
March.
Mr. Cash of Ontonagon stated to Journalist that Martin Besor, after his return from Lapoint last fall offered to sell him any number of Indian Blankets, whh he (Cash) might be disposed to buy.
List of mid-late 1840s employees at the La Pointe Indian Sub-Agency including James P. Hayes and others.
~ Thirtieth Congress – First Session. Ex. Doc. No. 26. House of Representatives. Persons Employed In The Indian Department. Letter from The Secretary of War, Transmitting a statement of persons employed in the Indian Department. January 26, 1848.
June 22.
Jas. P. Hayes Esq. U. S. Sub Agt. recd his dismission & left in the Schooner Swallow– cause, Intemperance
July.
Fr. Boudrie arrived from Ontonagon with a cask of whiskied Cider– was prosecuted–a search warrant was issued & Peter Vandeventer was deputized to serve it. Van deventer After allowing abundant time for the service, Mr. Justice Bell & Van Tasell went to the building under search, & detected Van deventer in secreting a part of the cider. The whole was seized & destroyed by the owner–
Aug 28.
Propeller Independence arrived. Considerable intoxication among french & Half breeds.
“ 29
Schooner Napoleon, Clarke arrived with Govt provisions. Passengers Hyde, Wolcott & Martell
In discharging some bbls. of corn from the Propeller, on bbl. burst, & revealed a number of bottles of Liquor secreted among the Corn. The bbls were expressed back to the Sault. They have since been ascertained to belong have shipped by Martell of Sault St Maries. It was also reported by a passenger on the propeller, that the Napoleon was supposed to have on board a Bbl of Liquor belonging to Wolcott.
A number of Indians are reported to have had liquor about the time the Propeller left.
— An Indian was instigated by a Wht. man named Mills to murder two Americans living on Apple River–liquor was used in carry out Mills’s plans. The Ind was arrested & Hung, without judicial trial, at the Falls of St Croix.
— Majise shot killed in a drunken frolic on the St Croix. died next day–
— An old woman had her arm broken at the mouth of the Brule by a drunken son in law–Liquor furnished by Aug. Cadotte.
Sept 11.
Wood Smith & Vantassell Govt men, found 2 Kegs (about 12 [gal]) whiskey near the camp of Fr. Boudrie belonging to him, concealed in the ground–they immediately destroyed it.
6th
The sailboat Flying Indian arrived in the night of [Sunday] [day] last.
Sept 13.
Schooner Algonquin arrived from Sault St. Maries ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Further information about the challenges of enforcing liquor laws at La Pointe can be found in the following:
“A real bona fide, unmitigated Irishman”
Reisen in Nordamerika: From Ontonagon to the mouth of the Bois-brule (Part 3)
1855 Inquest on the Body of Louis Gurnoe
1856 Inquest on the Body of Jerry Sullivan
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Ely, Edmund Franklin, and Theresa M. Schenck. The Ojibwe Journals of Edmund F. Ely, 1833-1849. Lincoln: University of Nebraska, 2012. Print.
Folsom, William H. C., and E. E. Edwards. Fifty Years in the Northwest. St. Paul: Pioneer, 1888. Print.
Paap, Howard D. Red Cliff, Wisconsin: A History of an Ojibwe Community. St. Cloud, MN: North Star, 2013. Print.
Schenck, Theresa M. William W. Warren: The Life, Letters, and times of an Ojibwe Leader. Lincoln: University of Nebraska, 2007. Print.
Special thanks to Dr. Schenck for making this post possible.
Asaph Whittlesey Incidents: Number VIII
April 20, 2023
Collected & edited by Amorin Mello
Originally published in the April 6, 1878, issue of The Ashland Press. Transcribed with permission from Ashland Narratives by K. Wallin and published in 2013 by Straddle Creek Co.
… continued from Number VII.
Early Recollections of Ashland: Number VIII
by Asaph Whittlesey
We now offer a few comments upon our experience in common, and our appreciation of Doctor Edwin Ellis. I observe first that the inherent modesty of the man left him with next to no thought of himself in his “Early Recollections of Ashland,” and therefore the weightier of the task falling upon me. Had the question been raised “who is Dr. Ellis?” a proper reply would have been “Dr. Ellis is Dr. Ellis.”
In all my acquaintance I find no person more clearly identified than is this man. His manner of shaking hands, the music of his voice, and his unconscious habit of setting his hair on end, belong to no one but the man Edwin Ellis. For near a quarter of a century have I known him in the relationship of neighbor, physician, oarsman, farmer, speculator, preacher, merchant and as one skilled in back gammon, and can testify that he is a man who does with his might whatsoever his hands find to do. Those of us who were known as pre-emptors or town site claimants had occasion to regard the arrival of Dr. Ellis with no little suspicion, as certainly an emergency only would have induced him to make the trip from La Pointe during the most inclement season of the year. I remember well my anxiety to know whether or not he was a married man, and so direct were my inquiries as to this, that seemingly there was no way left but for him to satisfy our curiosity by simply saying yes or no. However we soon discovered that we were only wasting words in pressing the subject, and abandoned all further inquiry regarding it. Is it not strange that so good a man and one possessing so admirable a wife should be found so unwilling to satisfy our inquisitive minds in regard to this matter?
There was still another peculiarity noticeable in the Doctor, and that was his proclivity for secret organizations. He was chosen Chairman of a secret organization having for its object protection to pre-emptors from having their claims jumped, though one writer informs us that in the eye of the law they were all trespassers, – but by this means those holding claims felt a security in being absent from them the greater portion of their time. Perhaps the existence of this organization may explain why there has been so many little acres of early clearings discovered by brother Pratt, in the vicinity of Ashland.
Again, Dr. Ellis is one who thinks for himself, but is ever free to weigh the arguments of others, that he may be convinced of the right, and having formed his conclusion is outspoken, so that no one can mistake his position. Being of a hopeful and cheerful turn of mind, his company is courted. All in all whether as to his fitness for the life of a pioneer or as a neighbor and Christian friend I never knew a better.
I have been with him also in times of very great peril, when seemingly we were destined to a watery grave. But through presence of mind and well directed effort we succeeded in reaching the shore amid a feeling of profound gratitude toward our Great Protector above, for sparing our lives. As it is my intention hereafter to refer briefly to the history of a few of the ladies who first settled in and about Ashland. I will omit any special reference to Mrs. Ellis at this time.
HON. SAMUEL S. VAUGHN
First arrived at La Pointe in 1852. At the time of my arrival there in 1854, I found him running a one horse store in an old frame building, standing in the sand near the present residence of George A. Stahl. So far as I am enabled to bring to mind the succession of events, my first sight of this man was at his own store where I invested in a very poor pocket compass, and this I soon after deposited on the copper range while upon an exploring trip with Ervin Leihy, Esq. Mr. Vaughn, however, claims that he first caught sight of me on the occasion of my aiding Rev. L. H. Wheeler in a social talk with the La Pointe people upon the subject of temperance one Sunday afternoon, in the store of Julias Austrian, Esq.
Reverend
Leonard H Wheeler
The leading man then engaged in the grocery business, as it was called, was one Peter B. Vanderventer, who subsequently left the country at a midnight hour rather than remain and meet a worse doom. Vanderventer was a large sized man and more a hellish countenance, and in exhibition of his bravery at the temperance meeting to which I have referred, he planted himself directly in front of me, and not more than three feet distant, so that I presume he did not mistake my language.
I cannot let slip the opportunity now furnished for informing the public of what seemed to me a rather severe practical joke inflicted upon Vaughn and Vanderventer, as it is too good to be lost, we will mention it right here. It seems that at the time Mr. Austrian made so extended entries of land upon the island, Messrs. Vaughn and Vanderventer discovered that Austrian had failed to enter a fraction shown upon the official plot, as reaching quite a distance into the bay, from what was known as Boyd’s Point and containing some forty acres or more. As La Pointe seemed likely to hold prominence as a business place, they saw the necessity of forthwith securing the tract of land in question. The two therefore suddenly disappeared amid the coldest days of a Lake Superior winter, and footed it under very adverse circumstances through to Willow River, something like one hundred and seventy-five miles, and returned, but yet were quite satisfied to know that they had secured to themselves what they had started for. From this time forward for several years these gentlemen paid their taxes promptly, until they finally employed a surveyor to re-survey and plot their promising possessions. Right here is where they discovered the point of the joke, by being informed that there was not a single foot of their land left, but all and much more had been washed away. Perhaps it was cruel in me to do so, but I could not resist making frequent inquiries as to their real estate.
Section 6 from 1852 GLO PLSS survey of T49N-R3W-4PM showing Boyds Point (now Grants Point) on Madeline Island.
Modern aerial imagery overlay showing Vanderventer & Vaughn’s Lot 3 lost to the sands of time (along with parts of Boyd & Rowley’s Lots 1 & 2).
In 1855 Vaughn removed his stock of goods to a building near where Thomas Stahl, Esq., now resides, where I often shared his bed and board, and it remains a pleasure to me to this day to testify to his qualities as a No. one cook, while biscuits of his make were entitled to special mention. It was a standing rule with him to have a controversy of words with Mr. McElroy, neither being specially noted for the refinement of their language. I think it was during the August term of the Circuit Court in 1860 that Mr. Vaughn and Andrew Tate were admitted to the practice of law before the Hon. S.N. Fuller, Judge of the Eighth Circuit of Wisconsin. It is said that they passed a very creditable examination.
This was the first term of Circuit Court held in the County of La Pointe, Elisha Pike being honored as foreman of the first grand jury convened within the county. Although Mr. Vaughn is but forty-eight years of age he can boast of having held the following positions of trust: Post-master, Justice of the Peace, Chairman of Town and County Boards, also member of the Wisconsin legislature in 1871, (having a constituency of 6,365 souls). In the practice of law his maiden effort was that of procuring papers of divorce in a somewhat renowned case. It is thought that but for the public trust which he held as a Chairman of the School Board he probably would never have known married life, – but as it was so foreordained they accepted the situation, while the people shouted, Amen!
On the arrival of business at Ashland in 1873, Mr. Vaughn removed his family to that place where he once more engaged as trader and forwarding and commission merchant.
To be continued in Number IX…
Treaty Allotments at Copper Falls
February 17, 2022
Collected & edited by Amorin Mello
Chippewa Treaty (blue) and Sioux Script (red) treaty land allotments in the Penokee Mountains located along mineral deposits near Mellen, Wisconsin.
[LaPointe County Register of Deeds: Volume 2 Deeds Page 419]
Julius Austrian had better success entering lands with Chippewa Certificates along the iron range for the Leopold & Austrian family’s La Pointe Iron Company than here along the copper range.
Be it known to all men that I Julius Austrian of Lapointe County State of Wisconsin am held and firmly Bound unto Julius [Bernault?], Peter King, Abraham Comartin, John W Bell & Henry Merryweather and to Each of them Separately in the Sum of One thousand Dollars for which payment will and truly to be made I bind my self my heirs executors and administrators firmly by these presents.
The condition of the above obligations are such that whereas the above mentioned Julius [Bernault?], Peter King, Abraham Comartin, John W Bell & Henry Merryweather having Squatted and improved the following mentioned Lands in Lapointe County with the intent of Claiming the Same as a Town Site namely the East half of Section No Seventeen (17) of Township number Forty five (45) of Range no two (2) and have agreed with the said Julius Austrian that he may enter the above described lands by Chippewa Script or otherwise at his option.
The “East half of Section No Seventeen (17) …” is where the Bad River and Tyler Forks River join spectacularly at what is now Brownstone Falls in Copper Falls State Park.
Now if the said Julius Austrian shall with due diligence enter the same as provided and obtain a Patent or Patents as Early as possible from the United States, and within 10 Days from the time he may procure and obtain said Patent or Patents for the above mentioned lands whether in his name or in the names of other parties, make execute & deliver or cause so to be done, to each of the above mentioned parties a Good & Sufficient Deed of warrantee clear of all incumbrances of an undivided Four ninetieths part of the whole mentioned East half of said Section no 17 as above specified. Then this obligation to be null & voice, otherwise to Remain in full force and virtue.
Given under my hand and seal at Lapointe this 30th day of April 1858.
Julius Austrian {Seal}
In presence of
Henry Smitz
M H Mandelbaum
State of Wisconsin } S.S.
County of Lapointe }
Personally came before the undersigned a Notary Public in & For the County of Lapointe the within named Julius Austrian to me well known who acknowledged that he did execute sign & seal the within Bond as his free Act and Deed.
{Seal} M H Mandelbaum
Notary Public
[Ashland County Register of Deeds: Volume 1 Deeds Pages 264-268]
{$180.00 Stamp Int Revenue U.S.}
This Indenture made the twenty fifth day of May in the year one thousand eight hundred and sixty four Between Louis Stein of the City and State of New York individually, Margaret Dupuis by Loius Stein her attorney, Charlotte Mercier by Louis Stein her attorney, Hypolite Auger by Louis Stein her attorney, Julia Renville by Louis Stein her attorney and Louise Moreau by Louis Stein her attorney, parties of the first part, and the Ashland Copper Mining Company, a Corporation created under and by virtue of the laws of the State of Wisconsin, party of the second part.
Whereas the north half of the North East quarter of Section Seventeen (17) in Township number Forty five (45) of Range Two (2) west in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located on the 14th day of October 1863 with Chippewa Half Breed Scrip No 228 by John B Corbin,
and also the South Half of the North East Quarter of of Section Seventeen (17) Township Forty Five (45) Range Two (2) in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to Government Survey was located on the 28th day of September 1863 with Chippewa Scrip Number 209 by John P Hamlin attorney for John Baptiste Denomie,
and also the North East half of South East quarter of Section Seventeen (17) Township Forty five (45) Range two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located October 14th 1863 with Chippewa Half Breed Scrip No 161 issued to John Haskins by John P Hamlin attorney,
and also the North East Quarter of South West quarter of Section Seventeen (27) Township Forty Five (45) Range Two (2) west in the District of lands subject to sale at Bayfield Wisconsin containing Forty acres according to the Government Survey was located October 20th 1863 with Sioux Scrip No 212 B by Louis Stein attorney for Margaret Dupuis,
And also the North West Quarter of South West quarter of Section Seventeen (17) Township number Forty five North of Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing Forty acres according to the Government Survey was located on November 25th 1863 with Sioux Half Breed Scrip No 102 B by Louis Stein attorney for Charlotte Mercier,
And also the South East Quarter of Section Eighteen (18) Township Forty five (45) North of Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing one hundred and sixty acres according to the Government Survey, was located on the 25th day of November 1863 with Sioux Half Breed Scrip No 487 C by Louis Stein attorney for Hypolite Auger,
And also the South half of South West Quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located October 18th 1863 with Sioux Half Breed Scrip No 212 Letter C by Louis Stein attorney for Margaret Dupuis,
And also the North half of the North West quarter of Section Twenty (20) Township Forty five (45) North of Range 2 west in the District of lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located September 10th 1863 with Chippewa Half Breed Scrip No 158 by Julius Austrian attorney,
And also the South Half of South East Quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located on the 14th day of October 1863 with Chippewa Half Breed Scrip No 281 issued to Michael Lambert by John P Hamlin attorney,
And also the North East quarter of Section nineteen (19) Township No Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing one hundred and Sixty acres according to the Government Survey was located on the 19th day of October 1863 with Sioux Half Breed Scrip No 29 by Louis Stein attorney for Julia Renville,
And also the North half of South East quarter and East Half of the South West quarter of Section Number nineteen (19) Township No Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing One hundred and Sixty acres according to the Government Survey was located on the 19th day of October 1963 with Sioux Half Breed Scrip No 17 C by Louis Stein attorney for Louise Moreau.
Chippewa and Sioux treaty land allotments in and contiguous to Copper Falls State Park. There are more Chippewa allotments here than those claimed by Ashland Copper Mining Company. Others went to Robert Morrin, Joseph Roy, Francis S. Gurnoe, John Chapman, Francis Fournier, Rosalie Trocquer, John Baptiste Visneau, Henry Davenport, Edward Ashman, Henry Graham, Mary Graham, Joseph Blanchard, and Reuben Chapman.
And whereas said North Half of North East Quarter of Section Seventeen (17) in Township No Forty five (45) of Range Two west was conveyed by John B Corbin and Wife to John P Hamlin by Deed dated October 17th 1863, and Recorded in the Office of Register of Deeds of Ashland County Wisconsin in Book of Deeds Vol 1 pages 218 & 219 October 18, 1863 and was further conveyed by said John P Hamlin to Louis Stein by Deed dated October 31st 1863, and Recorded in said Registers office in Book of Deeds Vol 1 Page 225 November 9th 1863,
John Baptiste Denomie of Odanah.
~ Noble Lives of a Noble Race, A Series of Reproductions by the Pupils of Saint Mary’s, Odanah, Wisconsin, 1909, page 213-217.
And whereas said South Half of the North east quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) has been conveyed by the said John Baptiste Denomie to Louis Stein by Deed dated May 25th 1864,
and said North East Half of South East Quarter of Section Seventeen (17) Township Forty five (45) Range Two(2) west has been conveyed by said John Haskins to said Louis Stein by Deed dated May 25th 1864,
and said South East Quarter of Section Eighteen (18) Township Forty five (45) North of range two (2) west has been conveyed by Hypolite Auger to said Louis Stein by Deed Dated January 1, 1862 and recorded in said Office of Register of Deeds in Vol 1 of Deeds page 227 January 23 1864,
The Ashland Copper Mine was mapped by Irving in 1873 for the Geology of Wisconsin: Volume III. This was located at what is now the main picnic area on Michael Lambert’s Chippewa Allotment in Copper Falls State Park.
and said South Half of South East quarter of Section Seventeen (17) Township Forty five (45) Range two (2) West has been conveyed by the said Michael Lambert to the said Louis Stein by Deed dated May 25th 1864,
and the said Louis Stein has also acquired the title of the said North Half of the North West quarter of Section twenty (20) Township Forty five (45) North of Range two (2) West from the said Julius Austrian.
And whereas the said parties of the first part to these presents have sold and agreed to convey to the said party of the second part to these presents a tract of land situated in the County of Ashland in the State of Wisconsin which includes the whole or parts of the several tracts pieces and parcels of land herein before described which said tract of land so sold and agreed to be conveyed to the said party of the second part is hereinafter particularly described.
Now Therefore this Indenture Witnesseth that the said parties of the first part for and in consideration of Twenty thousand shares of the Capital Stocks of the said party of the second part of the value of five dollars for each Share, which have been issued or transferred and assigned to them the said parties of the first part or as they have appointed and directed, the receipt of which is hereby acknowledged, have granted, bargained, sold, released, conveyed, and confirmed and by these presents do grant, bargain, sell, release, convey and confirm unto the said party of the second part its successors and assigns forever
Copper Falls by Emily Fritts, August 2016.
~ WikiMedia Commons
All that certain tract and parcel of Land situate, lying and being in the County of Ashland in the State of Wisconsin, known bounded and described as follows to wit;
Beginning at a point in the center of Bad River in Township Number Forty five (45) North Range Number Two (2) West of the Fourth Meridian where said river crosses the northerly boundary of Section number Seventeen (17) in the North East quarter, thence running west eight hundred (800) feet more or less to the North West corner of said North East quarter Section; thence South twenty six hundred and forty (2640) feet to the center of Section number Seventeen (17); thence West Five thousand two hundred and eighty feet (5280) to the center of Section number eighteen (18); thence South Five thousand two hundred and eighty (5280) feet to the center of Section number nineteen (18); thence west thirteen hundred and twenty (1320) feet; thence South twenty six hundred and forty (2640) feet; thence East thirteen hundred and twenty (1320) feet; thence North twenty three hundred and ninety (2390) feet more or less to the center of said Bad River and thence North Easterly along the center of said Bad River as it runs to the place of beginning, containing six hundred and fifty three acres (653) more or less and being portions of Section numbers seventeen (17), eighteen (18), nineteen (19) and twenty (20) in the aforesaid Township.
Brownstone Falls in Copper Falls State Park by Yinan Chen.
~ WikiMedia Commons
To have and to hold the above described and hereby granted premises and every part and parcel thereof together with all and singular the tenements hereditaments and appurtenances thereunto belonging or in anywise appertaining unto the said party of the second part its successors and assigns to its and their own purpose, use, benefit and behoof forever. And the said parties of the first part severally for himself and herself and not the one for the other, and for his and her heirs executors and administrators do hereby covenant promise and agree to and with the said party of the second part, its successors and assigns to make, execute, sign, seal, acknowledge and deliver at the Cost and expense of the said party of the second part its successors and assigns all such other and further Deeds, grants, conveyances and instruments in writing as the said party of the second part its successors and assigns or its or their Counsel learned in the law shall at any times advise, devise or require for the [more?] effectually conveying to and vesting in the said party of the second part its successors and assigns the fee simple of the above described and hereby granted, promised and every part thereof with the appurteances. And the said Margaret DuPuis, Charlotte Mercier, Hypolite Auger, Julia Renville and Louise Moreau severally and not the one for the other and each of them only in respect to so much of the hereby conveyed premises as is located by or for him or her as herein before stated and set forth and is hereby conveyed by him or her or intended so to be for himself and herself, his and her heirs, executors and administrators covenant and agree to and with the said party of the second part its successors and assigns in the manner and form following that is to say That he or she at the time of the ensealing and delivery of these presents is the true, lawful and rightful owner of the said hereby conveyed premises, and has therein a good sure, perfect and indefeasible estate in fee simple; and that he and she has full right, power and authority to grant, bargain, sell, remise, release, convey and confirm the said premises unto the said party of the second part its successors and assigns in manner and form aforesaid and that the said party of the second part its successors and assigns shall quietly enjoy and possess the said premises and that he and she will Warrant and Defend the title to the same against all lawful claims.
In Witness Whereof the said parties of the first part have hereunto set their hands and Seals they day and year first above written
Louis Stein {S.S.}
Margaret Dupuis by Louis Stein atty {S.S.}
Charlotte Mercier by Louis Stein atty {S.S.}
Hypolite Auger by Louis Stein attorney {S.S.}
Julia Renville by Louis Stein Attorney {S.S.}
Louis Moreau by Louis Stein attorney {S.S.}
Sealed and delivered in Presence
A H Wallis
Andrew Clerk
State of New York } S.S.
County of New York }
Be it Remembered that on this seventh day of June in the year eighteen hundred and sixty four before the subscriber a Commissioner in and for the said State, appointed by the Governor of the State of Wisconsin to take acknowledgment and proof of the execution of Deeds, or other conveyances or leases and of any contract, letter of attorney or other writing under seal or not administer oaths and take and certify depositions to be used or recorded in the said State of Wisconsin appeared Louis Stein whom I know to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same in his own behalf as his own act and deed and also acknowledged that he executed the same as the act and deed of Margaret Dupuis, Charlotte Mercier, Hypolite Auger, Julia Renville & Louise Moreau therein descried by virtue of a Power of Attorney severally executed by them authorizing the same, and which Power of Attorney have been duly exhibited to me by the said Louis Stein.
Given under my hand and Official Seal
{Seal} Charles E Jenkins Commissioner for the State of Wisconsin, residing in the city of New York.
Indian Agency’s Instructions for the 1854 Treaty
September 26, 2020
Collected and edited by Amorin Mello
Indian Agency’s Instructions to
Henry C. Gilbert and David B. Herriman
for the 1854 Treaty at La Pointe
from Office of Indian Affairs federal archives
Department of the Interior
Office Indian Affairs
August 11, 1854
Indian Agent
Henry C. Gilbert
~ Branch County Photographs
Gilbert, Henry C.
Indian Agent
Detroit, Michigan
Sir:
The Bill to provide for the Extinguishment of the title of the Chippewas to the lands owned and claimed by them in Wisconsin and Minnesota, which passed the House early in the Sessions, failed in the Senate.
In view however of the importance of extinguishing the Indian title to portions of the Chippewa Country, it is deemed proper to confide to you certain conditional instructions, to the end that if in your judgement it be practicable to conclude a treaty at the period when you assemble the Indians to pay them their annuities this fall, that object may be accomplished.
You will therefore consider yourself in conjunction with Major Herriman as the Officers of the Indian Department designated to make a treaty with the Chippewa Indians of Lake Superior and the Mississippi.
~ Indian Agent Gilbert’s Explanation after the 1854 Treaty
When you arrive at La Pointe, if you are satisfied that you can send a runner over to the Mississippi & have Major Herriman come over immediately, with the principal Chief and three or four of the Headmen of each of the bands who receive pay at the Agency, and who reside on or near the Mississippi, or between that stream & the Lake, you will do so. The design is that the principal Chief and Head Men to the number stated of all the bands, other than those to be paid by you, be present on the Occasion. The latter will of course be represented.
I am informed that that the Mississippi Indians can be brought over in the way I suggest, as soon as you can assemble yours. If you are satisfied of this fact you are authorized to send over the runner, but it is not my wish that any attempt be made, and a failure follow.
If delegates from all the bands can be assembled and negotiations had with them, you are authorized to offer the Chippewas the sum of $500,000 for all the country they now own or claim in the territory of Minnesota, the state of Wisconsin or elsewhere excepting and reserving for the future home of said Indians a quantity of land equal to 743,000 acres which may be selected in one body or in two or three locations, as the Indians may desire, and if the reservations be selected in more than one locality, the quantity of land fixed upon, as the Maximum amount of the reserve must be divided between the different locations of the Indians according to the population of the bands who may elect to inhabit such reservation or reservations. If the Indians could all be placed on one reserve, so that an Agent could always have a perfect Oversight over them it would be much better for their future interests; but if this cannot be effected, the several sub-reserves should be located in such proximity to each other, as to enable the Agent to exercise a watchful care over the Indians.
The future home or reserves should not be in the avenues by which the white population will approach the ceded country, or embrace any of the mineral lands which are now becoming desirable.
I send herewith a copy of the instructions of the Secretary of War of the date of 4th of June 1847, when a former Commission attempted to treat with these Indians, but failed. According to the Estimates of this Office, the Chippewas own about 10,743,000 Acres of land, the greater part of which is of no value to them, and never will be. Some portions of it will be valuable to the White population.
Nevertheless, the condition of Affairs with the Chippewas is such that it is the duty of the Government to Offer them an Opportunity to dispose of their tenure to their Country, and in lieu thereof, to give them a small tract as a permanent home, with such means of support & neutral & moral improvement, as may be of great advantage to them.
I transmit herewith a copy of the bill alluded to and also a copy of a recent treaty with the Ottoe & Missouri Indians, remarking that if a provision is inserted for allowing individual reservations within the general reservations that Eighty Acres to the family, as provided in the bill is deemed ample. These documents may be useful as affording you indications of the views of the Department and of such provisions as it may be desirable to have incorporated in a treaty.
In view of the fact that it is necessary to enter upon this business without permitting those adverse influences, which are always at work to thwart the purposes, and objects of the Government, in its efforts to treat with the Indians, you will not divulge the nature of your instructions, or indeed say any thing about them to any person.
Julius Austrian
~ Madeline Island Museum
When you get to La Point, if you conclude to send for Maj. Herriman, and the principal Men of his bands, you can do so, leaving the impression on those who may be privy to it, that their presence is necessary, in order that a better understanding may exist as to a proper disposition of the present annuities between the Lake bands and those on the Mississippi.
Mr. Austrian who resides at La Point, and who was here last winter, tendered his services to the Office in collecting Indians etc. etc. at any time, and he is recommended to me as a faithful man. He would perhaps be a faithful man to whom to confide the message to Major Herriman.
I have caused a remittance, to be made to you, by requisition of this date for the sum of $1900 as follows:
Provisions for Indians $1500
Presents for 100 $300
Contingencies $100
$1900
which will be applicable to this object, but to be used only in case negotiations are had with the Chippewas. Except so far as the provisions & expenses of a runner may be necessary.
As far as these amounts are expended, to be accounted for under the proper heads of account.
George Washington Manypenny
~ Commons.Wikimedia.org
Very Respect’y Your Ob’t Servant
Geo. W. Manypenny
Commissioner
N.B. I learn that a boat leaves the Sault of St Marie on the 21st instant for Lapoint. If so you should avail yourself of the opportunity to go forward. The enclosed communication to Maj Herriman, you will forward to him by the runner, if you determine to send one, and be satisfied that the expedition will be successful before you send it states the whole matter to Major H. From the instructions to the Commissioners of June 4th 1847, and the Ottoe & Missouri treaty, you will form an idea of the necessary stipulations for the payment of the purchase money, the amount of it that should be invested etc. and the necessary provisions for Stock, Agricultural Implements etc. etc. in place of money. A map showing the country of the Chippewas is also herewith.
Geo. W. Manypenny
Commissioner
Department of the Interior
Office Indian Affairs
August 12th, 1854
Gilbert, H. C.
Indian Agent
Detroit, Michigan
Sir:
Referring to my letter of instruction to you of the 11th instant, I have to remark that should you succeed in having the proposed negotiations with the Chippewas, and a treaty be made, you will provide to pay the $500,000 as follows:
One hundred thousand dollars to be invested at five percent interest, which interest shall be expended annually under the President’s direction for purposes of Education, and the moral improvement of the Indians. The residue to be paid say in twenty annual installments of twenty thousand dollars each without interest, or these deferred payments may be extended over twenty five or thirty years, all of them however to be subject to the President’s discretion, as in Article 4 of the Ottoe & Missouri treaty.
If necessary to accomplish the object, although $500,000 is deemed the value of the Chippewa tenure to the land, you may go as high as $600,000 payments as above.
Should a treaty be made, it is submitted whether the new locations reserved & to the Indians, may not be of such a character as to render some of the smiths, farmers etc. stipulated for under former treaties of no use, and if so, that provisions be inserted cancelling such of these provisions, under former treaties, as can be dispensed with, and providing that a sum equal to the amount, now paid annually for such, may be appropriated for the unexpired term of former treaty stipulations to be expended by the President, for the use of the Indians, as other funds are provided to be expended.
Very Respectfully
Your Ob’t Servant
Geo. W. Manypenny
Commissioner
Department of the Interior
Office Indian Affairs
August 14, 1854
Gilbert, H. C.
Indian Agent
Detroit, Michigan
Sir:
~ Indian Agent Gilbert’s Explanation after the 1854 Treaty
Referring to my letters of instruction of the 11th & 12th instant, both of which were prepared in great haste, I am inclined to the opinion that a state of things may exist that you might feel embarrassed at the suggestions that if the land reserved by the Indians was located in more than one tract the several sub-reserves should be in such close proximity as to enable the agent to have a constant oversight over all the Indians. It may however occur that there may be partialities and predilections among the different bands for different and widely separated districts, and that these partialities cannot be overcome. I am clearly of the opinion that all the land reserved should be in one body and every reasonable effort should be employed to impress the Indians with this view; and if it fail the fewest sub-reserves that can be got along with should be allowed and if possible they should be in the same region of Country; but if the Indians have the predilections alluded to, and they cannot be changed in their views, you will accede to their wishes to a reasonable extent in this particular. And if it should so happen that they select locations widely distant from each other so that it would be more for their interests that one portion might be under one Agent and another under another, it would be well perhaps to adjust all matters between the bands thus located, naming all of them by bands which select a reservation. Setting apart according to the population their portion of such reserved land, and providing to pay them by the same rule, their proportion of the purchase money at their reserve, and so with the bands on each of the reserves. And indeed a clause might be inserted, adjusting and dividing by population to the Indians of each reserve the annuities to become due under former treaties, whether of money or in kind so that no difficulties could hereafter arise provided one part should be in one agency and others in another.
Several members of the Indian Committee of the Senate having expressed a wish that a clause or article of the following import should be inserted in all treaties hereafter made. You will please put it in the treaty which I hope you may be able to enter into with the Chippewas. It is thus:
“The United States agree that an examination shall be made, and all sums that may be found equitably due to the Indians, for arrearages of annuity or other thing, under the provisions of former treaties, shall be paid as the chiefs may direct.”
And; It is agreed between the United States and the said Chippewa Indians, that should it at any time hereafter be considered necessary, and for the benefit of said Indians, it shall be discretionary with the President by & with the advise and consent of the Senate to change the annuities herein provided for or any part thereof into a fund establishing farms among and for them.
Very Respectfully
Your Ob’t Servant
Geo. W. Manypenny
Commissioner
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
Judge 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:
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.
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 Leader, Theresa 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.
Kohl, J. G. Kitchi-Gami: Wanderings around Lake Superior. London: Chapman and Hall, 1860. pg. 260-61.
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.
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.
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.
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:
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:
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.
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.
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:
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.
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:
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:
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.
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.
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.
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:
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.
-
- Bad River
-
- Fond du Lac (not included in above data)
1855 Inquest on the Body of Louis Gurnoe
April 11, 2019
By Amorin Mello
The following is a set of three articles collected and edited from the Superior Chronicle newspaper, followed by my personal thoughts on this matter :
Superior Chronicle newspaper July 7th, 1855, page 2.
Lake News.
We find in the Lake Superior Journal the following paragraphs of lake news:
“The brig Columbia, which carried the first cargo of ore through the Sault Ste. Marie Canal.”
~ The Honorable Peter White, by Ralph D. Williams, 1907, Chapter XIV.
Johnson & Tisdale, of Cleveland, have just built a small side-wheel steamer, for J. H. Garrett, of Ontonagon, and intended to be used on that river as a passenger boat, and also for towing between the mouth of the river and the mines. Her dimensions are : length of keel, 85 feet; beam, 14 feet; depth of hold, 2 feet. She has two engines, and will draw about fifteen inches water.
The Garrison stable at the Sault Ste. Marie, containing two horses was set on fire on the morning of the 29th ult., and, with its contents, totally consumed.
The Canal Company showed their patriotism on the Fourth of July, by exploding about one hundred and fifty barrels of damaged powder.
The first locomotive for the Iron Mountain Railroad, from Lake Superior to the Iron Mountains, left Buffalo on Tuesday by the brig Columbia, for Marquette.
Superior Chronicle newspaper, October 23rd, 1855, page 2.
Man Shot.
George Riley Stuntz
Deputy U.S. Surveyor, and Chequamegon Bay land and minerals speculator.
On Tuesday night last an affray occurred on Minnesota Point, which resulted in the shooting of a sailor, attached to the brig Columbia. The vessel was lying at the wharf of Messrs. Stuntz & Co., and the crew, under the influence of liquor, went on shore for the purpose of having a frolic; in the course of their spree they came across some Indians, encamped on the Point, and one of the men soon provoked a quarrel with an Indian. The Indian was being beaten severely, when the captain coming up, interfered, whereupon he was attached by the man. The captain, being small in statue, and unable otherwise to defend himself, drew a pistol and fired at his assailant, the ball entering his side. The wounded man was brought to town, his wound dressed, and is now said to be doing well, the ball not having penetrated to any serious depth.
Superior Chronicle newspaper, November 6th, 1855, page 2.
Death of Louis Gurnoe — Inquest by a Coronors’ Jury — Verdict, etc.
There were more than one Chippewa mixed-blood named Louis Gurnoe.
man living alone in Superior City during the 1855 Wisconsin Census. No further sources about J. Baker could be found.
Several weeks ago we gave an account of the shooting of a half-breed named Louis Gurnoe by Captain Wells, of the brig Columbia. The affray occurred on Minnesota Point, opposite Superior. It appears that Gurnoe was a man of very intemperate habits, and several nights previous to his difficulty with the captain, was engaged in a row at a low groggery on First street, kept by a negro named Baker. A dance was being held at that place, and Gurnoe, under the influence of liquor, challenged those present to a fight; he was then set upon, knocked down, and kicked and beaten in a cruel manner. The injuries he sustained, aided by excessive dissipation, ensued his death, just as the vessel was leaving our port. At La Pointe, a coronor’s inquest was held on the body, and the verdict rendered was that death was caused by bruises received at Baker’s house. We hope this matter will be brought before the grand jury at the next sitting of our circuit court, and while we may not expect to see the murderers brought to justice, we hope, at least, that sufficient cause may be shown why this miserable den should be removed. It has been tolerated too long already, and for the good order and character of our town, if for no other consideration, some effect should be made to put a stop to the disgraceful proceedings there enacted.
We publish the entire testimony elicited at the inquest, verdict of the jury, and an affidavit made by Gurnoe previous to his death, exhonorating Captain Wells from all blame whatsoever.
Joseph Stone, one of the hands on board, being duly sworn said:
That on Tuesday evening last, the brig Columbia, Captain Justus Wells, from St. Clair, was opposite Superior; there was a noise between [Sandy?] and deceased, Louis Gurnoe; Louis wanted to fight; captain wished him to stop; deceased knocked captain down; Louis then challenged captain to fight; he then got hold of the captain by the hair of the head; captain told him several times to let go; captain said if he did not let go he would shoot him; told him five or six times to let him go; he did not let go; the first thing I heard was the report of a pistol; [Sandy?], captain, and myself carried him to a tent; I stopped there till four o’clock; captain directly sent two men away to get a physician; deceased was in liquor at the time; he had been very quarrelsome; he shipped at Saut Ste. Marie this trip; he had been bruised on the face the Saturday previous; on the Monday previous when leaving Superior wharf he was so intoxicated that he fell off the provision chest; he was sick coming up; he was unable to do duty after Saturday.
Simeon Nelsonn being duly sworn said:
We went on shore at Superior, on Saturday evening last; at Baker’s there was a dance; the dance went on nicely till about twelve o’clock; Louis said something to the effect that no one in the room was able to fight him; with that a little Irishman took it up; I went in and hauled Louis back; some one took me off from him, shoved me on one side and commenced at Louis; knocked him down with his fist, and several men piled on him; they then commenced kicking him in the side, breast, and once or twice in the face; after a while they were parted; then Louis commenced drinking again – had been drinking during the evening. After having got all pacified we went on board about two o’clock in the morning; he went to sleep; when he woke he swore he would have a row with somebody before he left the place; on going on shore he commenced drinking; we unloaded the vessel on Monday and Tuesday, and on that afternoon we went over to Minnesota Point; in the evening all went ashore to have some sport; Louis said, before he went ashore, he was bound to have a row with the captain; after going on shore, everything went on well till about two o’clock in the morning. (Wednesday;) I was lying in the lodge; Louis came in and commenced at me; I told him that I did not want any fuss with him and that everything he said I was bound to knock under to save a row; at that the captain heard the words from Louis and came out from another lodge; as Louis was going to come in at me, the captain grabbed him by the shoulders, hauled him back, and said to him, “Louis we did not come here for a row, we came to have sport;” Louis turned on him, and knocked him down; they were then parted; the captain balloed “enough;” Louis was going at him again; the captain stepped back, pulled out a revolver, and said, “If you don’t leave me alone I will shoot you;” Louis opened his breast to him, and said, “Here’s a clean breast shoot;” captain stepped back, and Louis went at him again; caught the captain by the hair of the head; captain told him if he did not let go he would shoot him; we tried to part them again; couldn’t part them; captain wanted to let go, but Louis wouldn’t; captain again said “If you do not let go I will shoot you;” as Louis was drawing back his foot to kick the captain in the face, he being down about knee high, the captain again repeated his caution, gave him one minute to let go, and then shot him; Louis then let go; says he, “I’m dead’ I’m dead.” – Captain said “I thought it would turn out that way – I told you I would shoot but you would not mind me;” captain said “If there is anything I can do I will do it;” the captain, Joseph Stone and myself, carried him into the lodge; the other two boys that were with him commenced dressing his wounds; captain sent John Scott and myself aboard the vessel after the boat to go for a physician; we went aboard and got the boat; got the second mate and Benj. Rassau to go for the doctor; went to Superior; couldn’t find a physician; captain, second mate, Joseph Chapman, a Frenchman living on the point, and myself, got the deceased into the boat and brought him aboard; before we got him aboard a physician came; about eight o’clock in the morning I saw deceased lying in the cabin; said he felt better; about four o’clock p.m. we endeavored to put him into one of the berths; he seemed to be in convulsions; on Wednesday night he got out of his berth, went on deck, and walked fore and aft; Thursday morning he left the cabin and sat on the rail aft; I said “Louis, you will be falling overboard;” he said “there is no fear of that;” he then left the rail; I was standing at the helm; he came up; looked me very hard in the face; I said, “what is the matter?” he gave no answer, but went directly into the boat; deceased had been very quarrelsome all the way up; he remained in the boat about three minutes; he was sitting in the boat with his arm on the taffrail; I took him to be asleep, and tried to wake up; I lifted his arm up, and eased him down into the boat to keep him from falling overboard, and went down after a lantern, (about five o’clock a.m.;) before I had time to time to come with a lantern, some one hard me talking to him and was there before me with one; the captain was also there; I looked at him, and said he was dead; then we took him out of the boat, and laid him forward of the cabin, and put a mattress under him; he was warm at the time, and we thought he might recover; one of the passengers then said life was not gone but he was dying; deceased frequently complained of his bruises received on Saturday night.
James Chapman
~ Madeline Island Museum
James Chapman, being duly sworn, said:
The quarrel commenced about a squaw; in other respect; he corroborated the testimony of the previous witness.
Daniel Weihl, a passenger, being duly sworn, said:
I saw the doctor probe the wound, and he followed the rib, one or one and a half inches; I turned away as he found the ball; I do not think the wound was sufficient to cause his death; no inflamation existed; deceased went forward so many times that I concluded he had the diarrhea.
A. W. [Groveract?], being sworn, said:
I told the captain not to use the weapon there; after the shot, saw the deceased standing by a tree; he vomited blood; had not seen deceased vomit blood previous to the shot; he bled very near a pint; the blood from the bruise on his face might have got into his mouth and he threw it up.
John [Babner?], being sworn, said:
I corroborate the testimony given by Mr. Nelsonn.
Mr. Hancock, (a passenger,) being sworn, said:
I corroborate the testimony given by Mr. Nelsonn.
Calvin Ripley, being sworn, said:
Deceased had been sick about six weeks previous to his shipping, and was sick again when about two days out; was drunk every night, while at Superior, that I saw him; kept the forecastle a day after the fight at Superior; doctor said the wound would not injure him at all – that deceased was worse off in other respects; doctor said it was better for deceased to be on shore; he might suffer from the bruises; deceased wished to come on board and go down.
E. M. Raymond, being duly sworn, said:
I saw the doctor drawing the ball out, and left; saw nothing out of the way till last evening; noticed that deceased thrashed about the chains, and made unnecessary noise; I think deceased was not in his right mind last evening.
Daniel Weihl, being recalled, said:
The wound did not cause mortification; the worst bruise is the one at the rim of the belly; have seen a person kicked in the same place vomit about a quart of blood.
J. E. Rogers, (passenger,) being sworn, said:
That he observed that that deceased, during the time he lay in the cabin, hawked and spit, and about one-third of it appeared to be blood and the rest yellowish matter.
At the conclusion of the testimony, the following verdict was rendered by the jury:
An inquisition taken on board the brig Columbia, Captain Justus Wells, in the port of La Pointe, on the 18th day of October, 1855, before John W. Bell, one of the justices of the peace for La Pointe county, Wisconsin, upon the view of the body of Louis Gurnoe, there dead, by the jurors whose names are hereunto subscribed, who being duly sworn to inquire on behalf of the people of this State, where, in what manner, and by what means the said Louis Gurnoe came to his death, upon their oaths do say:
That the deceased came to his death in consequence of bruises received at Superior, at Baker’s residence, from the hands of individuals to the jury unknown, but with whom he was engaged in a fight;
That he was at the same time, and had been, suffering from the effects of continued hard drinking, following sickness, from which he had only partially recovered previous to shipping;
That we acquit Captain Wells of all guilt as to the shot fired by him, and that we do not deem it as a mortal wound, or one that accelerated the death of the deceased.
In witness whereof, the said Justice of the peace and the jurors of this inquest have hereunto set their hands the day and year aforesaid.
JOHN W. BELL Justice of Peace,
S. S. VAUGHN, Foreman,
M. H. MENDELBAUM,
R. D. BOYD,
JOHN M. BRADFORT,
JULIUS AUSTRIAN,
A. CARPENTIER.
Copy of a settlement made at Minnesota Point for assault and battery:
Minnesota Territory, Superior county,
Dock at Minnesota Point,
October 17, 1855.Know all men by these presents, That whereas the brig Columbia, of one hundred and seventy-six tons, commanded by Capt. Justus Wells, from St. Clair, Michigan, District of Detroit, laying at Minnesota Point now and for a few days previous, and among other hands on board said brig was one Louis Gurnoe, a half-breed, and this man was in a state of intoxication, and was making a quarrel with other parties; and whereas, the said captain interfered for the purpose of introducing peace measures, and the said Gurnoe opposed the said captain, and they came to blows and a clinch; and whereas Gurnoe held the said captain firm by the hair of the head, and the said captain requested the said Gurnoe to let go of him, and he would not, and the said captain shot the said Gurnoe in the skin of the side to get clear of him, which would was only a flesh wound, entering the skin against the rib and running along under the skin outside of the rib; and the said captain sent a boat to Superior City for a doctor, and he came and dressed the said wound, and said captain paid said doctor five dollars for his fee for crossing St. Louis river from Wisconsin; and the said Louis Gurnoe having [diver?] other fights, was badly bruised before this; and whereas the said captain has made arrangements in Superior City for the taking care of said Gurnoe to the amount of twenty-five dollars, which we receive of the said Captain Justus Wells, and discharge him of all expense whatever that may arise in an action of assault and battery or any other action for the said causes as the said Gurnoe has received a full compensation for all injuries by the said captain on the ground that the said captain seems not to have done anything more than to defend him or his own personal safety, and what he gives is of good heart and a charitable act received by me.
This settlement is to be construed no further than the said parties have a right by law to settle actions and causes of action. In this settlement the said captain does not mean to have it understood that he acknowledged that he has done anything or [ac?] whereby he may be liable to the law, but for the purpose to buy his peace and a general good will to the said Gurnoe.
(Signed)
LOUIS (his X mark) GURNOE,
In presence of JOSEPH GURNOE,
[DORUS MARCUS?], and CALVIN RIPLEY.
Amorin’s Commentary
Hi, Amorin here again. I don’t always add commentary to my reproductions of Chequamegon History, but when I do… it is because I am still trying to understand the rest of the story.
First and foremost, the death of Louis Gurnoe was horrific. It is unfortunate that these articles disrespected him and served him no justice. The October article doesn’t even mention his name. The only real biographical information gleaned from the November article about Louis Gurnoe is that he was a Chippewa mixed-blood who came aboard the brig Columbia at Sault Ste. Marie. Apparently, his death was far more newsworthy than his life to Americans.
The language stereotyping Louis as a drunk Indian is disgraceful, and makes me question whether the references to the negro and little Irishman were perjury. To be clear, yes, I do believe this entire inquest was a fraud. One red flag, for example, is that the doctor was never identified by any of the witnesses for verification.
Besides dishonoring Louis’ life, it seems that the sole purpose of the Verdict in the November article was to acquit George Riley Stuntz and Captain Justus O. Wells of any guilt with the incident as reported in the October article. The Judge and Jury of the mystery Louis were all white Euroamerican settlers of La Pointe that were very involved with Lake Superior Chippewa mixed-bloods by marriage and/or business, yet there does not seem to be any amount of empathy expressed by them for Louis Gurnoe.
Although these articles dishonored Louis (and failed to identify exactly which Louis Gurnoe he was) they revealed just enough information to hint at what his life may have been like before boarding the brig Columbia at Sault Ste. Marie in 1855. The Gurnoe/Garneau/Gournon/Gornow/Gaunaux/etc. families of Chippewa mixed-bloods (a.k.a. Metis) were very active in the cosmopolitan politics of Lake Superior throughout the mid-1800’s. There is more than one Louis Gurnoe this could have been, so unfortunately the Louis Gurnoe that boarded the brig in 1855 may only be known as a mystery to Chequamegon History.
Consider, for example, the Louis Genereaux [Gurnoe] that authored an August 29, 1855 letter to Indian Affairs Commissioner George W. Manypenny via the Mackinac Indian Agency on behalf of Saginaw Chippewa/Odawa Tribe trying to locate their reservation lands in lower Michigan. While it may have been possible for someone to travel from lower Michigan to western Lake Superior within this time frame, there doesn’t seem to be any compelling correlation suggesting that this Louis Genereaux would be the same Louis Gurnoe from the brig Columbia.
Another example Louis Gurnoe that we may consider is the one featured in the bottom right of the following photograph from 1855 at Sault Ste. Marie;
the elder Louis Gurnoe.
1855 photograph from the Soo Evening newspaper labeled “Five of the Earliest Indian Inhabitants of St. Mary’s Falls” [Sault Ste. Marie] and identified from left to right:
1) Louis Cadotte; 2) John Bouche; 3) Obogan; 4) O’Shawn;
5) [Louis] Gurnoe.
Read Metis-History.info/ by Richard Garneau (Gurnoe) for other possible identities of the first four men in this photograph.
It is possible that the Louis Gurnoe from these articles was one of this elder Louis Gurnoe’s sons. Louis Gurnoe’s Settlement at the end of the November article was signed by another son, who is featured in the bottom center of the following photograph:
the Indian Agency interpreter Joseph D. Gurnoe.
Top: Frank Roy, Vincent Roy, E. Roussin, Old Frank D.o., Bottom: Peter Roy, Jos. Gourneau [Joseph Gurnoe], D. Geo. Morrison. The photo is labelled “Chippewa Treaty in Washington” and dated 1845 by the St. Louis Hist. Lib and Douglas County Museum, but also dated 1855 by the Northeast Minnesota Historical Center. It was probably taken during the Bois Forte Treaty of 1866, which was these men acted as conductors and interpreters in Washington, D.C. Photograph digitized by Mary E. Carlson for her book The Sawmill Community at Roy’s Point.
Superior Chronicle newspaper November 4, 1856
I will share details about Joseph D. Gurnoe’s life, and his professional relationship to James Chapman, but these details will have to wait to be published in another post in the future. This concludes my thoughts for this post.
Until next time,
Amorin
Penokee Mixed-Blood Allotments Shakedown Scam of 1858
April 21, 2018
By Amorin Mello
This is one of several posts on Chequamegon History featuring the Mixed-Blood Allotments of the Penokee Mountains overlooking Chequamegon Bay, such as the Sioux Scrip scams during the Penokee Survey Incidents. This post illustrates the curious circumstances that occurred at the U.S. General Land Office in the City of Superior during 1858 as a large group of Chippewa Mixed-Blood Allotments were located along the Penokee Mountains via the seventh clause of the second article of the 1854 Treaty of La Pointe:
ARTICLE 2.
The United States agree to set apart and withhold from sale, for the use of the Chippewas of Lake Superior, the following-described tracts of land, viz:
[…]
7th. Each head of a family, or single person over twenty-one years of age at the present time of the mixed bloods, belonging to the Chippewas of Lake Superior, shall be entitled to eighty acres of land, to be selected by them under the direction of the President, and which shall be secured to them by patent in the usual form.
Selected affidavits from the National Archives:
Interior Department appointment papers, 1849-1907.
Roll 6, Superior Land Office 1854-1860.
May 1, 1858
State of Wisconsin
County of Douglas
John Dow Howard (photograph from the Duluth Public Library) later owned large areas of land in both Superior and Duluth.
Eliab Byram Dean, Jr. (photo from Wisconsin Historical Society) was a Madison businessman and Wisconsin State Senator.
John D. Howard being duly sworn says, that he resides in Superior, Douglas County, Wisconsin, and that he is acquainted with Eliab B. Dean Jr, the Receiver of the U. S. Land office at Superior aforesaid; that sometime during the month of January or February 1858 the said Dean stated to affiant that he said Dean had an object in view whereby an investment could be made at a profitable rate, and if affiant could command the sum of one thousand or fifteen hundred dollars, he said Dean would give the affiant a proportion of the profits that might accrue therefrom, representing to the affiant that it was a matter he did not feel disposed to disclose fully the substance of [tile?] a future period, and that in the mean time affiant should follow his, Dean’s, instructions to -not- provide means to purchase Half-Breed Scrip and hold his Dean’s proportion secretly – saying he Dean did not wish to be known in the transaction. Subsequently, affiant was informed by Dean that the Half Breed Scrip was to be laid by affiant under power of attorney from Half-Breeds on lands in the Superior Land District, known as the “Iron Range” near Ashland, which lands had been filed upon by settlers under a pre-emption law of the United States that said Dean showed the affiant a list of the persons claiming the said land by pre emption which list was contained in the Register’s abstract of Declaratory statements, and told the affiant that these were the land he proposed to enter with the said scrip. For the purpose of enabling affiant to purchase genuine scrip the said Dean showed to affiant an official list of the Half-Breeds who were entitled to receive scrip from the Government. In this arrangement Dean proposed to affiant that he Dean and affiant should enter into a combination to contest the right to the land with the pre-emption. The said Dean further informed affiant that he had secured such influence at Washington that beyond a doubt he and affiant would be able to secure the land. And the said Dean wished affiant to keep Dean’s interest in the location of the Scrip a secret; and to do all the business in affiant’s name and after the title of the lands was secured, affiant was to convey to Dean, or for Dean’s benefit such portion of the lands as Dean by the agreement should be entitled to.
Ad from the Superior Chronicle, July 10, 1855.
And this affiant further says that said arrangement was not consummated in consequence of affiant’s determination not to purchase the scrip, and further says not.
J. D. Howard
Sworn to & subscribed before me this 1st day of May A.D. 1858
Geo. W. Perry
Notary Public
Douglas County
May 2 1858
State of Wisconsin
County of Douglas
Julius Austrian (photo from the Madeline Island Museum) was accused of obtaining fraudulent power-of-attorney over Chippewa Mixed-Bloods as the U.S. Postmaster at La Pointe.
“I think I have told you that E. B. Dean is removed. For this we must thank Austrian. The Com. gave him 30 days in which to answer the charge against him, and he was round here a long time trying to get Austrian to retract and even offered him $2000.00 to clear him but no go The Jew was determined to have his revenge.”
Julius Austrian being duly sworn says that he resides in the County of LaPointe, Wisconsin and that he is acquainted with Eliab B. Dean Jr Receiver of the U. S. Land Office at Superior Wisconsin; that on the first day of March A.D. 1858, this affiant applied at said Land Office to locate certain Chippewa Half Breed Scrip, under Power of Attorney to this affiant from the Half Breeds to whom said Scrip was issued, that the application of this affiant under such Power of Attorney was made in due and proper form, and signed by the Register of said Land Office, who told and that this affiant requested the Receiver (the said Dean) to sign the same, but that said Dean delayed signing the same, and would not talk with the affiant in the Land Office, but compelled this affiant to meet him said Dean at various places under various pretexts, until finally the said Dean told this affiant that he (Dean) would not sign the said applications unless this affiant should first pay him (the said Dean) the sum of Five hundred Dollars, and that this affiant being pressed for time and anxious to perfect the location of the said Scrip, after some demur, paid to the said Dean the said sum of $500.00 so demanded to the said Land Office, and signed the said applications as Receiver of said Land Office.
Julius Austrian
Sworn and subscribed before me
this 2nd day of May A.D. 1858
Geo. W. Perry
Notary Public
Douglas County
General Land Office
May 21, 1858
Sir,
Land Office Frauds
“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 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.”
I have the honor to submit herewith a letter from Daniel Shaw Esq.~ Register at Superior Wisconsin, covering charges against E. B. Dean Jr., Receiver at that place, as follows:
1) Refusing to sign an application of Julius Austrian to locate certain Half breed scrip, under power of Attorney, said Dean refused to sign the applications unless Austrian paid $500, after some demur A. paid the $500 and Dean signed the papers in his official capacity as Receiver.
2) Agreeing to permit one Honsinger, for a consideration, to enter the pre-emption claim of a man named Cotas advising Honsinger what means to take to enter Cotas claim; these measures however were defeated by the Register.
3) Making an agreement with Jas. D. Ray, to purchase land of a pre-emption after he had proved up, and furnishing funds from the public safe to pay for the land so purchased.
4) Proposing to John D. Howard, a secret partnership for the purpose of speculating in half breed Scrip, and entering lands therewith, which Lands had been filed upon by settlers under the pre-emption law. Dean exhibited to Howard a list of persons claiming these lands, also exhibiting the Official list of half breeds; which list this Office directed should be kept confidentially from all persons.
Superior, Wisconsin
May 22, 1859
Sir;
You will oblige me by informing me whether my removal from the Office of Register at this place was in consequence of any charges [referred?] against me; and, if so; whether it appears from the record that I have have an opportunity for defence.
Very Respectfully
Your Obt. Servt,
Daniel Shaw.
Hon. Thos. A. Hendricks,
Comr. Genl. Land Office,
Washington, D.C.
Chequamegon History 