Winona County, Minnesota - Chapter 11: Navigation, 1883

Chapter 11: Navigation

The "Father of Waters " forms the eastern boundary of Winona county, and with its various channels and sloughs constitutes the only navigable water in the county. Probably the first white man who traversed the forty-five miles of its length in which we are now interested was Father Hennepin, who in the month of April, 1680, explored the Mississippi from the mouth of the Illinois to the falls of St. Anthony. In the month of May, 1689, Nicholas Perrot, accompanied by Le Sueur, Father Marest and others, sailed up the Mississippi from the mouth of Wisconsin river to the mouth of the St. Croix, and formally took possession of the country in the name of the king of France. In September of the year 1700 Le Sueur passed upward with a party of Frenchmen to explore and work some reported mines near the mouth of the Chippewa river. In the year 1766 that enterprising Connecticut Yankee, Jonathan Carver, traveled extensively in the Northwest, and on October 29 of that year passed by the future county of Winona, noting in his journal some shrewd observations upon the numerous mounds which he saw along the shores and bluffs. In September, 1805, Lieut. Zebu- Ion Pike visited this region by order of President Jefferson, to expel British traders, who were found violating the laws, and to form alliances with the Indians. In the summer of 1819 a party of officers and soldiers, with their wives and children, passed by our county in keelboats on their way to establish a post at the mouth of the Minnesota river, by order of John C. Calhoun, then secretary of war. The next year Gov. Cass of Michigan headed an exploring expedition by way of the lakes, and, descending the Mississippi in canoes, spent the afternoon of August 4 at Wapashaw village, the site of the present city of Winona.

Previous to the year 1823 it had been supposed that the rapids at Rock Island were an insurmountable barrier to the navigation of the upper Mississippi ; but on the second day of May of that year the Virginia, a steamer one hundred and eighteen feet in length, left her moorings at St. Louis, destined for Fort Snelling. Successfully passing the rapids, this pioneer craft made her way slowly up the Mississippi, producing tbe greatest terror and consternation among the Indians, who su])posed that it was some enormous waterspirit, cougliing, ])ufiing out hot breath and spUishing the water in all directions. This pioneer steamer passed Wabasha prairie toward the last of the month and reached Fort Snelling in safety. From tliis time occasional trips were made as the necessity of the government and trading-posts required. Among the great number of steamers which have passed and repassed the county in years gone by, all old settlers will remember the Minnesota Belle, Gray Eagle, War Eagle, Northern Belle, Nominee, Ben Corson, The Adelia, Frank Steele, Keokuk, Jeanette, Tishimingo, Annie Johnson, Addie Johnson, Phil. Sheridan, and many others.

Of the captains of all these and other unnamed steamers Capt. Smith Harris and Capt. Orrin SmitH are most frequently mentioned. The latter was one of the earliest proprietors and admirers of the town site of Winona, and the former, being interested in Kasota, and other towns on the Minnesota river, was never tired of pointing out the disadvantages of Wabasha prairie. It is said that during the high water in 1852, in order to demonsti-ate the truth of his statement tliat Smith's town was on a mere sand-bar in the Mississippi, he ran his boat straight by Minneowah up into Lake Winona, and out across near the Den man farm into Crooked Slough and the river again. Captains Hatcher and Bryant, long in the service, afterward made their homes in Winona. Before the day of railroads great importance attached to the coming and going of these river steamers, which formed the only connection with the outside world. The familiar whistle of a steamboat would frequently cause a stampede even from the church service or prayer meeting, particularly if it was the first boat of the season.

Courts And Officers Of The Courts

The territorial courts of record were organized under the act of congress passed March 3, 1849, called the "Organic act," supplemented by acts passed from time to time by the territorial legislature. By the organic act three judges were provided for, which were appointed by the president, "by and with the advice and consent of tlie senate." One was styled "chief-justice," the other two "associate-justices." These together constituted the supreme court, one term of which was required to be held annually at the seat of government of the territory. It was also provided that the territory should "be divided into three judicial districts," in each of which a district court was required to be held by one of the justices of the supreme court, at such times and places as the territorial legislature might prescribe, and that ' ' the said judges shall, after their appointment, respectively, reside in the districts which shall be assigned them." Each district court, or the judge thereof, was by such act empowered to appoint its own clerk, which clerk was to hold his office at the pleasure of the court. The supreme court and district courts were invested with chancery as well as common law jurisdiction. Ttie extent of this jurisdiction of these courts was substantially the same as like courts under the present constitution of the state ; that of the several district courts was general. Bj act of the territorial legislature the territory now included within the limits of Winona county was made a part of the first judicial district, and so remained until the adoption of the constitution. Previous to February 23, 1854, what, is now Winona county was a part of the county of Fillmore. On the day last above named Winona county was formed and organized for judicial and other purposes. Up to this time the writer is not aware that any term of the district court was held in Fillmore county, though all other county business affecting this section, such as filing })lat8 of town sites, recording deeds and the levy of taxes, was done at the county seat of Fillinore county, then located at Chatfield.

At the date of our county organization Hon. Wm. H. Welch was chief-justice of the territory, to whom was assigned the first judicial district. He was therefore the first judge of the district court in and for this county. He resided at Red Wing, in the county of Goodhue. He continued to fill that oflice until January 1, 1858, when the territorial judicial officers were superseded by judges elected under the state constitution adopted at the fall election in 1857. Much of the good order of our judicial afiairs in territorial times, and the ease and regularity with which our state courts were organized and went into effect, were due to this judge. W^hile he was not a man of great learning or superior ability, as the world recognizes learning and ability, yet he had the rare quality in a judge of commanding universal confidence, a feeling among all that the judicial authority was reposed in proper hands. Judge Welch died at his liome in Red Wing.

At the fall election in 1857 Hon. Thomas Wilson was chosen as judge of the third judicial district of the state, comprising the counties of Houston, Fillmore, Olmsted, Wabasha and Winona. With the beginning of the year 1858, pursuant to a provision of the state constitution, but before the formal admission of the state by congress Judge Wilson entered upon, his duties as judge, and continued to hold until 1864, when, having been appointed to the supreme court, he resigned the office of district judge, and Hon. Lloyd Barber, of Olmsted county, was appointed to fill the vacancy so made. He was elected at the fall election in 1864, for the full term of seven years, and held the office until succeeded by Hon. C. N. Waterman, January 4, 1872. Judge Waterman held the office until his death, which occurred February 18, 1873, and was succeeded by Hon. John Van Dyke, who was appointed for the remainder of the year 1873. At the fall election of that year Hon. Wm. Mitchell was elected for the full term of seven years, from the beginning of 1874. He discharged the duties during this term, and in 1880 was re-elected for another term, to commence with the ensuing year. At the session of the legislature of 1881 the number of judges composing the supreme court was increased to five. This made it necessary that two judges should be appointed to the supreme court until after the next ensuing general election. Judge Mitchell was selected as one of the new judges, and Hon. C. M. Start, then attorney-general of the state, but residing in the third judicial district, at Rochester, Olmsted county, was appointed district judge, to succeed Judge Mitchell. At the general election in November, 1881, Judge Start was elected for a full term, commencing with the year 1882. At this writing, January 1, 1883, Judge Start is in the discharge of his official duties.

Of the seven judges who have presided in our district courts, three. Judge "Welch, Judge Waterman and Judge Van Dyke, are dead. All the others are still living within the district, and engaged in the duties of their profession.

Clerks. - As before stated, during our territorial existence clerks of district courts held by appointment of the judge and during his pleasure. The first clerk of the district court in and for Winona county was Martin Wheeler Sargeant. He was appointed by Judge Welch in 1854, and held until superseded by the appointment of John Keyes, on or about July 14, 1856. The record of Mr. Keyes' appointment cannot be found, but his first official act as clerk bears date on that day. Mr. Keyes continued to hold the office until after the admission of the statein to the Union under the state organization, his last official act as clerk bearing date May 25, 1858. Under the constitution the office of clerk was made elective, and at the general election in October, 1857, Henry C. Lester was elected clerk, and entei-ed on the discharge of his duties on the retirement of Mr. Keyes. He held the office until April 27, 1861. He resigned to enter the volunteer service of the United States in the war of the rebellion. He was succeeded by E. A. Gerdtzen, who was appointed in place of Col. Lester until the next general election, at which he was elected, and by subsequent elections held without interruj^tion for nearly seventeen years. In November, 1877, John M. Sheardown was elected, has been re-elected, and still holds the office.

Of the live persons who have held tlie (office, two, Mr. Sargeant and Mr. Keyes, are deceased; CoL Lester has removed from the state, wliile Messrs. Gerdtzen and Sheardown still reside at the city of Winona.

DintHct and County Attorneys. - Under the territorial organization, the United States attorney, as he was called, usually attended at the sessions of the district courts, and performed most of the duties now devolving upon county attorneys. An ofHcer called a district attorney was also provided for by territorial statute, and was elected in each of the organized counties. In the act organizing the county of Winona, approved February 23, 1854, such officer was to be elected at an election to be held in April of that year. The election was duly held, and C. F. Buck, Esq., then residing at Minneowa, was elected. We may say in passing that the village of Minneowa was a rival of Winona for metropolitan honors, and stood on the Mississippi river, about one mile above the present village of Homer. The curious in such matters may still find some traces of it on the river bank, and especially in the office of the register of deeds, where the plat was recorded. Its proprietors were Isaac Van Etten, William L. Ames, brother of Oakes Ames, of credit mohilier and Union Pacific railroad fame. Governor Willis A. Gorman, and S. R Babcock, all of St. Paul. The fact is noteworthy as showing the confidence of shrewd and farseeing men in the then future existence of the city of southern Minnesota at or near this point. Their selection was probably made more from an examination of the territorial map than of the respective sites of Minneowa and Winona. If not, time has demonstrated that, however close they shot to the mark in this their judgment was slightly at fault. But to return to the district attorney. Mr, Buck held the office until the beginning of 1856. Edwin M. Bierce had been elected in the fall of 1855, and held the office during the years 1856 and 1857. By the constitution adopted in that year it was provided that "each judicial district might elect one prosecuting attorney for the district." Under this provision Sam Cole, Esq., was elected " prosecutiiig attorney" for the third judicial district, comprising the counties of Houston, Fillmore, Olmsted, Wabasha and Winona. Although this office was wholly unknown to teri-itorial laws, continued in force by the constitution, and no state legislation had been had to supply the deficiency, still Mr. Cole, as an officer of the courts, qualified witli the judges at the beginning of the year 1858. As no legislation was ever had upon the subject of the duties of this office, we shall probably continue in ignorance as to what they were. Practically Mr. Cole did about what the United States attorney had done in territorial times, and which comprised about all that was required under the statutes of the district attorney. The effect of it was in a large degree to supersede the last-named officer, and for two years no district attorney was elected in Winona county. In this county at least the constitution operated as an extinguishment of the office.

By act of February 6, 1860, the office of county attorney as now existing was created. Under this act the board of supervisors of Winona county, on the 15th day of March, 1860, appointed one A, S. Seaton count}^ attorney, who held the office until the 1st of January, 1861.

At the general election in 1860 Hon. William H. Yale was elected, and held the office one term of two years. On the 1st of January, 1863, he was succeeded by Hon. William Mitchell, who was county attorney during the years 1863 and 3 864. Mr. Yale, in the fall of 1864, was re-elected, and held during the years 1865 and 1866. He was succeeded at the beginning of 1867 by Hon. George P. Wilson who, by re-election was continued in office until the beginning of 1871, when he was succeeded by Norman Buck. Mr. Buck held during the years 1873 and. 1874, and was succeeded by A. H. Snow, Esq., who by re-election held from the beginning of 1875 to the 1st of January, 1879. Mr. A. N. Bentley then succeeded for one term, followed by Mr. M. B. Webber, one term, closing with 1882. At the fall election in 1882 Mr. Patrick Fitzpatrick was elected, and now holds the office. Of the twelve persons who have held these offices, only one (Mr. Cole) is known to have died. Both A. S. Seaton and E- M. Bierce left this county about 1860, since which little or nothing seems to be known of either. Mr. Buck is now associate justice of the territory of Idaho. Hon. George P. Wilson is following his profession at Fargo, Dakota Territory. All others still reside in the city of Winona.

Sheriffs. - The first sheriff of the county was John lames. He was elected on the first Tuesday in April, 1854. He was succeeded by Charles Eaton, who was elected in the fall of 1855, and held the office for two years. At the election in 1857 Mr. F. E. Wlijton was elected, and held during the years 1858 and 1859. At the fall elec- tion in 1859 Messrs. L. R. King and E. D. Williams were opposing candidates for this office. The canvass was close and spirited, and the register of deeds, whose duty it was " to canvass the votes," was unable to determine which had been the successful candidate. The greatest number of votes cast at the election for one office was 2,023. As allowed by the register, the whole number of votes cast for both candidates for sheriff was 1,970. In reaching this result votes were rejected as irregular, and the conclusion was arrived at that each candidate had received 985, making it "a tie." It thus became necessary to decide "by lot" which of the candidates was elected. Various stories were told as to how this "casting of lots" was performed - one to the effect that a game of "euchre" was played between two persons, each representing one of the opposing candidates. The writer cannot affirm that such was the fact, though the circumstantiality of the account, other things considered, gives it some weight. But, however the lot was cast, Mr. King was declared elected, and to him was awarded the certificate. The case was then taken by appeal to the district court. Judge Wilson presiding. After a long' and patient hearing the decision of the canvassing officer was affirmed, and Mr. King was declared sheriff. By re-election from term to term he held the office without interruption for eight years. J. F. Martin was his successor, beginning with the year 1868. Mr. Martin was twice re-elected and held for six years, and was succeeded at the close of 1873 by Wm. H. Dill. Mr. Dill was re-elected three times in succession, and held the office in all eight years, ending with the year 1881. Mr. E. Y. Bogart succeeded and is now (1883) in office. Ex-Sheriffs lames, Whiton and King are deceased.

Probate Courts. - By the act of congress organizing the territory probate courts were established. A special election, to be held in April, 1854, was authorized for the election of county officers by act organizing the county of Winona. A judge of probate was one of the officers to be elected. Andrew Cole was elected. He held the otHce until January 1, 1855, when he was succeeded by Alfred P. Foster. Mr. Foster filled the office until October 10, 1856, when it was made vacant by the removal of Judge Foster from tlie territory, and on that date Sam Cole was appointed to fill the vacancy. E. II. Murray succeeded by election, and held during the years 1857 and 1858, followed by Warren Powers, who was elected in the fall of 1858. By re-election Judge Powers held until his death, which occurred in June, 1865. He was succeeded by Mr. Norman Buck, who was appointed to fill the vacancy in July of that year. In the fall of 1865 Judge Buck was elected. He held the office until the fall of 1867, when he resigned, and was succeeded for the remainder of the year by appointment of C. N. Wakefield. At the general election in the fall of 1868 Jacob Story was elected to the office. Judge Story has been re-elected at the expiration of each succeeding term, and is still the incumbent of the office. Aside from Mr. E. A, Gerdtzen's tenure of the office of clerk of the district court, which was about seventeen years, Judge Story has enjoyed a longer official term than any other officer of Winona county.

Chaptek Xiii

As is generally the case in new towns, several branches of business ai-e conducted by the same person or firm. It was so in Winona in the banking business. The United States land office for the Winona land district, having been opened in Winona in December, 1854, land agents, money loaners and speculators in real estate soon followed.

The first office of this kind was opened in June in 1855, by William Ashley Jones, Charles H. Berry and E. S. Smith, under the firm name of Jones, Berry & Smith. They were succeeded by Berry & Waterman, who added to their law business that of receiving deposits and selling exchange on different points. This was done more as a convenience to others than of profit to themselves. This was continued until others engaged in more exclusive blinking business.

John Mobley opened a banking and exchange office near the corner of Second and Main streets in 1856, and did considerable business for some two years, and retired in 1858.

J. T. Smith had an exchange and loan office, in 1856 or 1857, on Center street, between First and Second streets. He was here about three years.

BennsWs Bank. - In the fall ot 1855 Thomas PI Bennett opened a bank and loan office, and succeeded to the business of Voight & Bergentlial, in a building on the levee. In the winter following Taylor, Richards & Burden purchased Bennett's business, and in May, 1857, the firm was changed to Taylor, Bennett & Co., and in 1858 it was again changed to Burden, Bennett tfe Co., and in 1859 was dissolved and the business was continued in the name of Thomas E. Bennett until 1861.

BanJi' of Southern Mlnnemta. - The Bank of Southern Minnesota was organized in 1861. Lemuel C. Porter, Thos. E. Bennett, Wm. Garlock and others were stockholders and directors. L. C. Porter was made president and Thomas E. Bennett cashier. This bank was merged in the First National bank in August, 1864.

The BanJi' of Wmona. - This bank was located on Center street, in the building now occupied by the Winona Deposit Bank. Bank of Winona commenced business in May, 1863, Samuel McCord and H. N. Peabody being the principal partners, and the manager was I. Voswinkle Dorselin. Subsequently the business was done under the name of McCord & Dorselin. In December, 1868, Dorselin, appearing to be the owner of the concern, closed business and went into bankru])tcy. On the final winding up of business, in August, 186!), it paid its creditors about twenty-five cents on a dollar.

The United National Bank-. - The United National Bank was organized in 1865, with Thomas Wilson, Otto Troost, Charles Benson, A. W. Webster and Thomas E. Bennett as stockholders and directors, with a capital of $50,000. A. W. Webster was president and Thomas E. Bennett cashier.

This bank was located on Second street, in the building since used by the Savings Bank, and in January, 1871, was sold out by its stockholders to the First National Bank of Wmona.

The Winona Deposit Bamk was organized and commenced business in 1868. li. W. Lamberton was president and I. J. Cummings cashier. It was a private bank, and changed to a national organization under the name of Winona Deposit- National Bank, in which name the business was conducted two or three years, when they discontinued the national organization and retui-ned to the original

Winona County Banh. - Zaplina H. Lake and A. W. Webster organized the Winona County Bank in 1859, and they filed their organization papers and deposited Minnesota raih'oad bonds with the state auditor to secure the payment of their circulating notes under the then existing laws of the state. This was the first and only bank having circulation in Winona. They did a straightforward, legitimate banking business for several years, and went out of business in 1865. Mr. Webster took part in the organization of the United National Bank, and Mr. Lake engaged in other business in Winona. Their banking office was near the corner of Second and Main streets.

Tlie- Banh of St. Charles., at St. Qiarles, Winona county, was organized as a private bank in the spring of 1869, with a capital of $30,000. The stockholders were E. S. Youmans, of Winona ; S. T. Hyde, J. S. Wheeler, J. W. Brockett, of St. Charles, and H. K. Heath, of New York city. The stockholders were directors. E. S. Youmans was president and J. S. Wheeler was cashier.

The First National Bank of Winona (successor to the Bank of Southern Minnesota) was organized August 20, 1864, with a capital of $50,000. The original stockholders were Thomas E. Bennett, Gabriel Horton, Lemuel C. Porter, George W. Nefi', William Garlock, William Wedel, each of whom was elected a director. In October, 1864, at a meeting of the directors the following officers were elected, viz : L. C. Porter, president ; William Garlock, vicepresident ; Thomas E. Bennett, cashier. L. C. Porter has been elected president at each annual meeting of the directors since the organization of the bank to this time, a period of eighteen years. The following persons have been elected cashiers at different times since 1866 : I. J. Cummings, G. A. Burbank, Herman E. Curtis, C. H. Porter and E. D. Hurlbert, who is now filling that position. William Garlock resigned the office of vice-president in 1868. C. H. Porter was elected vice-president in 1881, and is at this time filling that office.

incorporators were Thomas Simpson, John H. Prentiss, Joseph A. Prentiss, Ilenrv Stevens, Mark Willson, Gustavus A. Biirbank and W. H. Richardson. Eacli of the above stockholders was elected a director, and the bank engaged in active business in August, lS71, with the following officers : Thomas Simpson, president ; G. A. Burbank, cashier. Mr. Burbank resigned in October, 1871, and Mark Willson was elected assistant cashier, and in February, 1872, E. H. Bailey became cashier.

In January, 1873, Joseph A. Prentiss was chosen cashier and Mark Willson vice-president. In January, 1875, Mr. Willson resigned and Lester R. Brooks became vice-i)resident, and in 1876 was made cashier. In 1878 Thomas Simpson resigned his position as president, which he had tilled from the first organization of the bank, and was succeeded by Joseph A. Prentiss. In 1880 William II. Garlock was chosen cashier and L. R. Brooks vicepresident, who, with J. A. Prentiss, president, are the present officers.

The bank opened for business in July 1875. On April 9, 1879, N. F. Hilbert resigned his position as cashier, and was succeeded by J. M. Bell. July 1, 1879, it was voted to change the organization from a national to a state bank under the laws of Minnesota, and to transfer its entire business to the new organization.

In December, 1879, J. M. Bell tendered his resignation as cashier, which was accepted, and Geo. F. Crise was elected in his place. The officers of the bank at this time are Mark Willson, president; Chas. H. Berry, vice-president, and Geo. F. Crise, cashier.

Early Settlement, Pioneers, Etc

deposits July 1, 1879, and were paid in full, principal and interest. The trustees were William Mitchell, W. H. Laird, H. E. Curtis, F. A. Rising, Thomas Wilson, E. S. Youmans and C. J. Camp. The officers were Wm. Mitchell, president ; W. H. Laird, vice-president; F. A. Rising, treasurer.

The foregoing is believed to be a correct history of banks and of the banking business in Winona county since its early settlement. It is possible that other parties and facts have been overlooked, but the writer has endeavored to include everything pertaining to the subject.

From the time the first deposits were received and the first drafts on eastern banks were drawn by Berry & Waterman, in 1855, the banking business has grown with the increased mercantile and manufacturing business of Winona in proportion until this time. We have now in this city, in successful operation, four banks, two of which are working under the national banking laws, one under state organization, and one a private bank.

The whole amount of capital invested at this time in the banking business in Winona county aggregates $250,000, not including surplus and undivided profits.

The amount of deposits in the banks in Winona is about $900,000, and bills discounted are about the same amount. The rates of interest charged by the banks are from seven to ten per cent per annum.