Fifty Years In The Northwest by William H. C. Folsom
1886. Cyclone destroys Sauk Rapids. Wisconsin legislature adopts
3465 words | Chapter 266
biennial sessions.
THE BOUNDARY QUESTION.
The question of the western boundary of Wisconsin had been agitated
since the Martin bill for the organization of the State had been
introduced in 1846. This bill established the present boundary. The
majority of the people residing in the valley of the St. Croix were
opposed to it on the ground that the interests of the valley on both
sides were identical, and that it was not proper that the two sides
should be separated by a state line. The question became a political
one, and at the election of delegates for the constitutional
convention of Oct. 5, 1846, Wm. Holcombe was elected over Joseph
Bowron, as representing the sentiments of the people of the valley as
opposed to the proposed boundary line.
In convention Mr. Holcombe advocated a boundary line commencing at
Mount Trempeleau on the Mississippi, running due north to Lake
Superior. Failing in this, he advocated a boundary line to be
established at a point fifteen miles due east of the most easterly
point on Lake St. Croix, said line extending from that point due south
to the Mississippi and due north to the tributary waters of Lake
Superior. In this he was successful, and the constitution in which
this boundary line was thus fixed went to the people and was rejected,
greatly to the disappointment of the people of the St. Croix valley,
who felt that they had been unjustly dealt with. There seems, indeed,
to be but little excuse for the attitude of the majority of the
citizens of Wisconsin with regard to this boundary. Certainly but
little attention was shown to the interests of the people in the
western section of the Territory.
Prior to the meeting of the second constitutional convention, Dec. 15,
1847, public meetings were held at St. Croix Falls and in Stillwater,
at which latter place enthusiastic resolutions were passed
remonstrating against this unnatural boundary, which resolutions were
signed by nearly all the citizens of the St. Croix valley, and a few
in and around St. Paul, asking the convention to establish the western
boundary on a line running due north from the foot of Lake Pepin to
Lake Superior. George W. Brownell was elected from the St. Croix
district to the second convention, with instructions to work for this
boundary. Joseph Bowron, Brownell's opponent, was defeated by a large
majority. The following is the abstract of votes:
BOWRON. BROWNELL.
Willow River (now Hudson) 7 4
Lake St. Croix 7 14
Stillwater 9 39
St. Paul 41 40
Marine Mills ... 22
St. Croix Falls 26 18
Clam River 6 17
Apple River 1 6
Wood Lake 2 6
Rush Lake 2 8
Osceola (no election) --- ---
Totals 101 174
Mr. Brownell made strong and persistent efforts to have the boundary
line adjusted in accordance with the sentiments of the people of the
valley, but in vain. Morgan L. Martin, delegate to Congress from
Wisconsin Territory, had framed the bill establishing the present
boundary, and it was urged that any effort to change the line would
tend to prevent the immediate admission of the State, and it was
thought a political necessity that the State should be admitted at
once, that it might take part in the ensuing presidential election.
Under such pressure the convention made haste to adopt, and the people
to accept, a constitution with boundary lines that should never have
been made. The State was admitted in time to cast its electoral vote
for Gen. Zachary Taylor and Millard Fillmore.
At a meeting held by the people of the St. Croix valley, subsequent
to this convention and prior to its adoption by the people, the
following resolutions were passed, and we append them as expressing
very generally the sentiments of the people of the valley:
WHEREAS, By the establishment of the St. Croix river as a part of the
boundary line between the State and territory of Wisconsin, the
inhabitants of our remote settlements are greatly aggrieved, our local
rights and privileges neglected and abridged, our geographical,
material and natural political alliance with our neighbors of the new
territory will be cut off; and
WHEREAS, Our oft repeated remonstrances and appeals to the authorities
of the new state have been unavailing; therefore
_Resolved_, That the establishment of the St. Croix river as a part of
the boundary of the state of Wisconsin, against the will of the
inhabitants of the valley of said river, is unjust, unreasonable and
contrary to the principles upon which our government is founded.
_Resolved_, That in establishing the present boundary, our known and
acknowledged wishes and interests are invaded by the might of a
majority; that as the boundary is now established, so great is the
distance and obstacles intervening, severing us, together with the
people of Lake Superior, from the seat of government, that we can not
enjoy a prompt and equitable share in representation, and we would
respectfully admonish our brethren that equal representation involves
a principle which is deeply and peculiarly American.
_Resolved_, That the interests of the inhabitants of St. Croix, being
identical from the nature of the staple business of the country, the
river being the natural centre to which all the business of the valley
tends, a boundary severing the natural ties in connection is uncalled
for, inconvenient and vexatious.
_Resolved_, That the inhabitants of the territory of the whole
Northwest are deeply interested in procuring a just and wise
alteration of the present line of divisions, because from the
geography of the country, the line as now established, we are robbed
of a future star in the galaxy of the American sisterhood of states.
_Resolved_, That we pledge ourselves to stand united and unceasingly
use all honorable means in our power to procure the establishment of a
boundary east of St. Croix valley.
_Resolved_, That a committee of three be appointed to prepare and
forward a memorial to the present legislature on this subject.
The resolutions as a whole were unanimously adopted.
In accordance with the last resolution the chair appointed Wm. R.
Marshall, G. W. Brownell and W. H. C. Folsom, Esqs., a committee.
On motion the secretary was instructed to forward copies of the
proceedings of the meeting to the Prairie du Chien _Patriot_, Galena
_Gazette_ and Wisconsin _Argus_, requesting their publication.
H. H. PERKINS,
_Chairman_.
R. V. D. SMITH,
_Secretary_.
No attention was paid to the action of the public meeting. It is
possible that none was expected. It was some satisfaction to the
people of the valley to give such an expression of their opinion of
the wrong done them. The admission of Wisconsin with the St. Croix as
a boundary line left the country immediately west of that river
virtually without law. Nevertheless, Wisconsin territorial laws were
acknowledged west of the St. Croix and were generally considered
binding until a new territorial government should be organized. The
territorial governor, Gen. Henry Dodge, had been elected United States
senator and therefore could not claim jurisdiction over this part of
the territory lying beyond state limits. John Catlin, territorial
secretary, held that the territorial government still existed in the
part of the original territory excluded.
At a public meeting held in Stillwater, Aug. 26, 1848 (a preliminary
meeting having been held August 24th, at which an understanding was
effected with Mr. Catlin and he invited to exercise authority as a
territorial officer), steps were taken for the organization of a new
territory, and Mr. Catlin, having removed to Stillwater, issued a
proclamation in his official capacity, ordering an election to be held
for the selection of a delegate to Congress. To facilitate this
movement John H. Tweedy, territorial delegate from Wisconsin,
resigned. The election was held Oct. 30, 1848, and H. H. Sibley was
elected as a successor to John H. Tweedy, his papers being certified
by John Catlin, secretary of Wisconsin Territory. Mr. Sibley proceeded
to Washington, presented his credentials and patiently awaited
recognition, which was not very speedily accorded, there being
considerable discussion as to the right of excluded territory to
continued political existence. His admission, on the fifteenth of
January, as a delegate, settled the question and established a
precedent that the creation of a state government does not deprive
portions of the territory not included within state limits of the
right to existence and representation. Mr. Sibley ably presented the
claims of his constituents and with great difficulty succeeded in
procuring the passage of a bill organizing the new territory of
Minnesota.
With all respect to the action of Congress in receiving Mr. Sibley as
a legally elected delegate (and, under the circumstances, the action
seems wise), the question still rises: "Had we a legal territorial
government?" If we had, what was the necessity for a new organization?
Why could not the excluded territory continue under the old _regime_,
or inherit, so to speak, the old government machinery? If we had no
legal existence, by what authority could Mr. Sibley represent us? The
Wisconsin territorial government had ceased to exist. Ours had not
begun to live.
The territory of Minnesota was created by act of Congress, March 3,
1849, a little over thirty days after the introduction of the bill
creating it. There had been some discussion as to the name. In the
bill presented by Morgan L. Martin it was named Minnesota. Senator
Stephen A. Douglas, chairman of the committee on territories,
recommended the passage of the bill, and that the new territory be
named Itasca. When the bill was before the house the names Chippewa,
Jackson and Washington were proposed, but the name in the original
bill was adopted. It is a compound word, taken from the Sioux
language, and has for its meaning "Land of sky-tinted water." The news
of the passage of the bill reached Stillwater April 9th, and was
received with great rejoicing.
The United States land office which had been established at St. Croix
Falls in 1848 was removed to Stillwater July 1, 1849. Abraham Van
Voorhes was appointed register and William Holcombe receiver.
INDIAN TREATIES.
Sept. 23, 1805, at the mouth of St. Peter's river (now Mendota) with
the Sioux. (For account of this treaty see "Gen. Pike and the
Indians.")
July 29, 1837, at St. Peter (now Mendota), Wisconsin Territory, the
Chippewa Indians ceded to the United States the following tract of
country: Beginning at the junction of the Crow Wing and Mississippi
rivers, between twenty and thirty miles, above where the Mississippi
is crossed by the forty-sixth parallel of north latitude, and running
thence to the north point of Lake St. Croix, one of the sources of the
St. Croix river; thence to and along the dividing ridge between the
waters of Lake Superior and those of the Mississippi, to the sources
of the Ochasua-sepe, a tributary of the Chippewa river; thence to a
point on the Chippewa river twenty miles below the outlet of Lake De
Flambeau; thence to the junction of the Wisconsin and Pelican rivers;
thence on an east course twenty-five miles; thence southerly on a
course parallel with that of the Wisconsin river to the line dividing
the territories of the Chippewas and the Menomonies; thence to the
Plover portage; thence along the southern boundary of the Chippewa
country to the commencement of the boundary line dividing it from that
of the Sioux, half a day's march below the falls on the Chippewa
river; thence with said boundary line to the month of the Waw-tab[F]
river, at its junction with the Mississippi; and thence up the
Mississippi to the place of beginning.
HENRY DODGE,
_Commissioner_.
Sept. 29, 1837, at Washington, District of Columbia, the Sioux nation
of Indians ceded to the United States all their lands east of the
Mississippi river, and all of their islands in the said river, Joel R.
Poinsett, secretary of war, commanding, which cession embraced all
their land east of the Mississippi and west of the following lines
commencing at the Chippewa river, half a day's march below the falls,
from thence to Red Cedar river, immediately below the falls; thence to
the St. Croix river at a point called the Standing Cedar, about a
day's paddle in a canoe, above the lake at the mouth of that river;
thence passing between two lakes called by the Chippewas, "Green,
Lakes," and by the Sioux, "The Lakes they Bury the Eagles in," thence
to the Standing Cedar, that "the Sioux split;" thence to Rum river,
crossing at the mouth of a small creek called Choking creek, a long
day's march from the Mississippi; thence to a point of woods that
project into the prairie, half a day's march from the Mississippi;
thence in a straight line to the mouth of the first river which enters
the Mississippi at the east side above the mouth of Sac river (Watab
river). The above boundary line was established between the Sioux and
Chippewa Indiana at Prairie du Chien, Aug. 19, 1825.
WILLIAM CLARK,
LEWIS CASS,
_Commissioners_.
St. Paul, East Minneapolis and Stillwater are embraced within the
above limits.
Nov. 1, 1837, at Washington, District of Columbia, with the
Winnebagoes.
The Winnebagoes at this treaty ceded all their lands lying east of the
Mississippi river, and received in return $200,000. Of this amount
$150,000 was reserved to satisfy the claims of Indian traders, and the
remaining $50,000 was paid to certain individuals of the tribe. There
was set apart the further sum of $100,000, to be paid, by order of the
president of the United States, to mixed blood relatives of these
Indiana. Simon Cameron, of Pennsylvania, and James Murray, of
Maryland, were commissioned to adjust claims, pay debts and partition
the amount alloted to the mixed bloods. The Winnebagoes, including
mixed blood relatives, numbered over 4,000 souls. The payments and
adjustments were made at Prairie du Chien, October, 1838. Soon after
complaints were made of the arbitrary and unjust distribution of these
funds. The secretary of war, Joel R. Poinsett, countermanded the
action of the commissioners and appointed Judge Fleming, of New York,
to act as commissioner. The parties were reassembled at Prairie du
Chien in September, 1839, and the unpleasant business was in some way
adjusted and closed up.
Aug. 2, 1847, at Fond du Lac of Lake Superior, the Chippewa Indians of
the Mississippi and Lake Superior ceded to the United States the
country beginning at the junction of the Crow Wing and Mississippi
rivers, thence up the Crow Wing river to the junction of that river
with the Long Prairie river; thence up the Long Prairie river to the
boundary line between the Sioux and Chippewa Indians; thence southerly
along said boundary line to a lake at the head of Long Prairie river;
thence in a direct line to the sources of the (Waw-tab) river; thence
down that river to its junction with the Mississippi river; thence up
the Mississippi river to the place of beginning.
ISSAC A. VERPLANCK,
HENRY M. RICE,
_Commissioners_.
Aug. 21, 1847, at Leech Lake, the Pillager band of Chippewa Indians
ceded to the United States the country beginning at the south end of
Otter Tail lake; thence southerly on the boundary line between the
Sioux and Chippewa Indians to Long Prairie river; thence up said river
to Crow Wing river; thence up Crow Wing river to Leaf river; thence up
Leaf river to its head; thence in a direct line to the place of
beginning.
ISSAC A. VERPLANCK,
HENRY M. RICE,
_Commissioners_.
July 23, 1851, at Traverse des Sioux (now St. Peter), the See-see-toan
and Wah-pay-toan bands of Dakotah or Sioux Indians ceded to the United
States all their lands in the state of Iowa; and the territory of
Minnesota, lying east of a line beginning at the junction of the
Buffalo river and the Red River of the North; thence along the western
bank of said river to the mouth of the Sioux Wood river; thence along
the western bank of said Sioux Wood river to Lake Traverse; thence
along the western shore of said lake to the northern extremity
thereof; thence in a direct line to the junction of Kampeska lake with
the Tchan-kas-an-data or Sioux river; thence along the western bank of
said river to its point of intersection with the northern line of the
state of Iowa, including all the islands in said rivers and lake.
LUKE LEA, Commissioner of Indian Affairs,
ALEXANDER RAMSEY, Governor and
_Ex-officio_ Superintendent of Indian Affairs,
_Commissioners_.
A small reservation was set apart for said Indians, which they
forfeited by their attack upon the whites in 1862.
Aug. 5, 1851, at Mendota, the Med-ay-wa-kan-toan and Wah-pay-koo-tay
bands of Dakotah and Sioux Indians ceded to the United States all of
their lands in the territory of Minnesota and state of Iowa.
LUKE LEA,
ALEXANDER RAMSEY,
_Commissioners_.
The two treaties made by Commissioners Lea and Ramsey included the
following area:
Beginning at the junction of Buffalo river with the Red River of the
North, in Clay county; thence along the western bank of the Red River
of the north to the mouth of Sioux Wood river; thence along the
western bank of Sioux Wood river to Lake Traverse; thence along its
western shore to its southern extremity; thence to the head of Sioux
river; thence along said Sioux river to the northern line of the state
of Iowa; thence along the southern boundary of the state of Minnesota
to the Mississippi river; thence up said river to the mouth of Waw-tab
river (just north of St. Cloud in Stearns county); thence up that
river to its head; thence to the place of beginning. A part of the
state of Iowa not included in the above was also ceded to the United
States. A large strip of Dakota Territory is included. This last tract
includes nearly one-half of the state of Minnesota, containing its now
richest and most populous counties.
Sept. 30, 1854, at La Pointe, Lake Superior, Wisconsin, the Chippewas
of Lake Superior ceded to the United States all of their lands lying
east of a line beginning at a point where the east branch of Snake
river crosses the southern boundary line of the Chippewa country,
running thence up the said branch to its source; thence nearly north
in a straight line to the mouth of East Savannah river; thence up the
St. Louis river to the mouth of East Swan river; thence up the East
Swan river to its source; thence in a straight line to the most
westerly bend of Vermillion river, and thence down the Vermillion
river to its mouth.
HENRY C. GILBERT,
DAVID B. HERRIMAN,
_Commissioners_.
The foregoing treaty embraced all of the country bordering upon Lake
Superior in the state of Minnesota, including the valuable iron and
other mines.
The city of Duluth is within the limits of the cession.
Owing to the efforts of Henry M. Rice, then in Congress, the
commissioners were appointed, and to his personal influence with the
Chippewas the treaty was made.
Feb. 22, 1885, at Washington, District of Columbia, the Mississippi,
Pillager, and Lake Winnibigoshish bands of Chippewa Indians ceded to
the United States all the lands owned or claimed by them in the
territory of Minnesota, and included within the following boundaries,
viz.: "Beginning at a point where the east branch of Snake river
crosses the southern boundary line of the Chippewa country, east of
the Mississippi river, as established by the treaty of July 29, 1837,
running thence up the said branch to its source; thence nearly north
in a straight line to the mouth of East Savannah river; thence up the
St. Louis river to the mouth of East Swan river; thence up said river
to its source; thence in a straight line to the most westerly bend of
Vermillion river; thence northwestwardly in a straight line to the
first and most considerable bend in the Big Fork river; thence down
said river to its mouth; thence down Rainy Lake river to the mouth of
Black river; thence up that river to its source; thence in a straight
line to the northern extremity of Turtle Lake; thence in a straight
line to the mouth of Wild Rice river; thence up the Red River of the
North to the mouth of Buffalo river; thence in a straight line to the
southwestern extremity of Otter Tail lake; thence through said lake to
the source of Leaf river; thence down said river to its junction with
Crow Wing river; thence down Crow Wing river to its junction with the
Mississippi river; thence to the place of beginning."
GEORGE W. MANYPENNY,
_Commissioner_.
All lands in Minnesota Territory east of the foregoing boundary line
were ceded to the United States at La Pointe, Lake Superior, Sept. 30,
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