Grant County, Wisconsin - Chapter with an unread heading (no. 1 of those read), 1881 (part 16 of 17)

In the fall of 1827, Strader & Thompson brought a keel-boat load of general merchandise, including a quantity of flour and pork, from St. Louis. Mr. Bouthillier, whose tradintr-house was on the east side of the river, near the present site of the railroad station, purchased the entire cargo to secure the flour, as that was scarce, even then. Winter set in without a sufficient supply of provisions to supply the wants of the miners. Nearly all the flour obtainable was held by Bouthillier. It was sour and hard. He chopped it out of the barrels with hatchets, pounded it, sifted it loosely into other barrels, filling two with the original contents of one, and then sold it for $30 per barrel. Even then, the settlers saw with alarm, that there was not enough to last until spring. The winter of 1827-28 was mild and open until January 6 ; the streets had been muddy, and "not freezing in the least, even at night " - but the river froze over then. Word had reached St. Louis that the people in the mines were destitute of provisions. The steamboat "Josephine," Capt. Clark, was loaded with flour and started off to take her chances of getting as near as possible to the mines. Slowly she made her way up the Mississippi, and when she reached the mouth of Fever River, the warm weather had weakened the ice, and she made 1 er way, unheralded, to Galena. The date of her arrival is fixed by the following entry in a memorandum book, kept by Dr. H. Newhall : " February 25, 1828, arrived steamboat " Josephine ;" broke the ice to get up Fever River." Farther corroborated by a letter from Dr. Newhall to his brother, dated March 1, 1828, in which he says : " To our astonishment, on Monday last, a steamboat arrived from St. Louis." The people rushed to the bank, rejoiced and amazed to see a steamboat loaded with flour, except Bouthillier. The day before, Mr. Gratiot had ofi"ered him «25 a barrel for all the flour he had, and the off'er was refused. Mr. Gratiot now asked him what he would take for his flour, and Bouthillier, with a shrug, replied : " Dam ! hell ! suppose, by gar ! what man tinks one steamboat come up Fever River'in mid de wint? " February ^T, the river froze over, and March 5 the boat was still detained by ice, but arrived at St. Louis about March 14,

The following extracts from a letter from Dr. H. Newhall to his brother, dated March 1 1828; will give some idea of social life in the mines fifty years ago :

We have had but two malls this winter. It has been pleasantly warm here during winter, and the heavy rains caused the ice in the river to break. * * It has been extremely cold for four days ; the river is close I witli ice and the boat (the " Josephine," which arrived on the 25th) consequently detained. We have been almost completely isolated from the rest of the world this winter. We have received the President's Message an^ proceedings of Congress up to the 26th of December, since that time we have had nothing. We, in Galena, enjoyed ourselves well during the winter. There have been ten or twelve balls, the hist on the 22d of Fulniniry. At noon a salute was fired from the cannon received during the Winnebago war. In the evening a ball was given at the Cottage Hotel (the name applied by Dr. N. to the log tavern on the west side of Main street, corner of Green), in a hall (building) sixty feet in length, ornamented with evergreens. * * There were sixty ladies and ninety gentlemen present. The ladies were elegantly dressed, and many of them were handsome. The ball was mannged with a degree of propriety and decorum scarcely to be expected in this wild country. Had I been suddenly transported into the ball-room, I should have imagined myself in some Eastern city, rather than in the wilds of the Upper Mississippi. Little should I have dreamed i hat within five miles was the home of the savage, and that only twelve miles off is a large Fox village, where I have witnessed the Indian dance around a fresb-taUen scalp. March 5. - The steamboat ("Josephine") is still detained by ice. * * The Miners' Journal, a newspaper, will be commenced at Galena by 1st of May next. The proprietor, in his prospectus, calls it the Northern Herald. He altered the name at my suggestion. * * n gjij Buck," the Fox chief, who discovered (?) the famous " Buck Lead," has been encamped all winter within a mile of my furnace (on the Sinsinawa, three miles from town). Himself and sons often visit me in town.

In 1829, David G. Bates built a small steamboat at Cincinnati, and called her the "Galena," to run between St. Louis and Galena. Robert S. Harris ran her up the river that summer, but the little boat was short lived.

October 10, 1829, the cholera carried oif James Harris, the second victim of that terrible scourge in the mines. Mr. Harris was one of the leaders in the little colony, and his death produced a profound impression.

In the winter of 1832-33, Captain D. S. Harris and his brother R. S. Harris built the first steamboat constructed in this region. It was named " Jo Daviess," and was built at Portage. Subsequently these men became known on the Mississippi as masters of their traile in practical steamboating.

Negro slavery existed in the mines for several years. It was not abolished altogether until 1840, In 1823, Capt. Harris says there were nearly one hundred and fifty negro slaves in the mines. Under the ordinance of 1787 slavery was prohibited in this Territory, but Illinois sought to evade this organic law by the enactment of statutes by which these slaves could be held aa "indentured," or "registered servants," and these statutes are known as the "Black Laws." As late as March 10, 1829, the Commissioners of Jo Daviess County ordered a tax of one-half of one per cent to be levied and collected on " town lots, slaves, indentured or registered servants," etc.

Government Control Of The Mines

It is necessary to take a retrospective view of the history of the mines, at this point, to take up the threads of the narrative of settlement.

Prior to the appointment of Lieut. Martin Thomas as Superintendent of United States Lead Mines, in August, 1824, there does not appear to have been an agent of the Government here authorized to grant leases and permits to operate on United States lands. Leases of large tracts were obtained from the Government, and on these lands small miners were permitted to enter and dig under the lessees. But their numbers were few.

In 1823, the principal leads worked were all old Indian and French mines struck anew. There were diggings on January's Point, about six hundred yards above January's warehouse. On the school section just above were two leads. Next, north, was the '.' Hog" lead, beyond which were the "Doe" and "Buck" leads, the latter of which had been worked by French miners under Dubuque. Then, there were the " Old Cave Diggings," on Cave Branch, in what is now Vinegar Hill Township, that had also been worked by Dubuque, and the old " Indian Lead, west of the Buck lead. On the east side of the river was the " Backbone Lead," about half a mile east of January's Point, and " Van Matre's lead, on the east side of Apple River, near the present village of Elizabeth. On the west, near Anderson's (now Harris') Slough, were two

In 1824, John and Cuyler Armstrong struck a lead on the Middle Fork of Miller's Branch fnow Meeker's), above the old Indian leads. North of this, another lead was struck, near where the Comstnck lead was afterward discovered. Mr. Vanderslice had made a discovery about two miles northwest of the settlement, and two new leads east of Vinegar Hill were worked by J. Bruner Michael Byrne and John Furlong. On Cave Branch, one and one quarter miles southeast of'" Cave Diggings," John Armstrong had found a good lead, and "the only one," says Cant Harris, " where I ever saw native lead sticking to mineral." These were all the principal dig^incs known in what is now Jo Daviess County when Lieut. Thomas arrived, and they had all,'"or°ncarly all, been previously worked by the Indiansand French.

Up to that time it is probable that the local agent, Maj. Anderson, had not been authorized to arant leases and permits. Johnson and others had obtained their leases at Washington, but the Fever River lead deposits were found to be richer than those of Missouri, and the greater facility with which the mines or "leads" were worked, attracted a large number of miners from Missouri. The Government of the United States had, by advertisements in the leading papers of the Union, called the attention of the people to these lead mines, and invited miners and settlers to the region. They were flocking hither, and it became indispensable to station a resident superintendent here, clothed with authority to grant permits and leases, issue regulations, settle ilisputes, etc. There was no other law at that time, and, as a rule, the inhabitants were quite as orderly and quite as mindful oi each other's rights as they have been in later days. Property was safe and doors needed no locks.

Lieut. Thomas arrived at Fever River in October (probably), 1824, and established his headquarters in a double log cabin which then stood on the bank of the river, in the middle of what is now Main street, about sixty feet south of Gear street. On the north side of Gear street, close by the agency, was a little pond fed by a large spring, and a little creek connected the pond with the river. Immediately after his arrival, Lieut. Thomas issued an order to all miners to suspend operations the next day (the absence of records renders it impossible now to iix the precise date). William Adney, D. G. Bates, John Burrell and John Furlong were working the " Old Cave Diggings," and had just uncovered a sheet of mineral when the order came to stop next day. They worked all night, and the next morning had raised 100,000 pounds. All mining operations stopped, but only for a short time. Within a week they were at work again under direction to sell the mineral only to licensed smelters, so that the Government could collect the rent-lead. In explanation of this, it may be observed that miners could sell mineral only to licensed smelters, for which the Government collected one-tenth for rent, and paid them for smelting it. Miners were paid for only nine-tenths of the mineral they delivered. It is said that in later years the smelters have received from the Government the value of the lead thus paid, but it belonged to the miners, not to the smelters, and the money should have been expended in public improvements in the Territory, in the absence of the rightful claimants. No records can be found of Maj. Anderson's transactions, and two old volumes marked , "A" and "B," containing some of the transactions of Lieut. Thomas' agency during 1825- I 27, which are preserved in the archives of the county, are all of these records available for this work. Mr. Charles Smith was the sub-agent residing here, and came with Lieut. Thomas, who lived at St. Louis and visited Fever River occasionally.

The first established regulations of which record remains, and probably the first code promulgated by Superintendent Thomas, bears date "1825," but were undoubtedly issued very oarly in the spring, and are as follows :

Firat. - All miners shall forthwith report themselves to the agent, who will enter their names on a register and give them a wrillen permit to mine on ground which is not leased.

Second. - Without such written periuil, no miner shall dig or mine ; he shall forfeit his discovery and all mineral he digs, and be prosecuted as a trespasser.

Third. - Any miner who gi(res false testimony in any dispute or arbitration, or before any magistrate, or who i'' convicted of stealing ore or any other thing, setting fire to the prairie or woods, cutting timber where it is prohibited, shall forfeit his permit to mine or dig, and no smelter shall purchase his ore or give him any employment.

Fourth. - When going to dig, two or more miners must work in company. They are permitted to stake off threfr hundred yards square, lines to be north and south and east and west.

Seventh. - When a dispute shall arise respecting the right to ground, the matter shall be arbitrated amono' minersor smelters. On their failing to settle it, a reference shall be made to the agent, whose decision shall be final.

Eighth. - No person is permitted to build a cabin, cultivate land, out timber or settle in any manner without written permission of the agent.

Ninth. - Whenever surveys of discovery are required, they will be surveyed twenty rods by forty, running to cardinal points, the length to correspond with the course of the lead, and the discoverer will be entitled to a certificate of survey.

Tenth. - -No miner shall hold two discoveries at the same time, nor shall any miner be permitted to go on other ground until his lead is dug out or sold, nor until he abandons it and renders up his certificate of survey.

E.iventh. - All miners must report to the agent the name of the smelter to whom they deliver their mineral, and the amount they deliver in each quarter.

Twelfth. - No certificate of survey shall be sold or transferred to any other than a miner who has a written permit, or to a smelter who has a license ; and no survey or other diggings shall remain un wrought for more than eight days in succession, on penalty of forfeiture.

Fourteenth. - Any miner who shall disobey or go contrary to any of these regulations shall forfeit his permit to dig or mine ; and should he attempt to cut timber, mine, farm, cultivate land or build cabins without written permission from the agent, he will be prosecuted as a trespasser on United Slates land.

Eokm Of Permit To Mineks

- is hereby permitted to dig or mine on United States land which is not leased or otherwiserightfully occupied. He is not to set fire to the prairie grass or woods, and must deliver his mineral to a licensed smelter, and comply with all regulations.

Genekai. Kegulations

Smelters and lessees will have their ground on Fever River off two hundred yards in front on the river, and four hundred in depth, running in right lines prependicular to the river.

No timber to be cut within one hundred yards of Fever Kiver bank, from one mile above its mouth to and one mile above the point where January's cabins are situated. M. Thomas,

Persons desirous of taking a lease are notified that bonds in the penalty $5,000, with two surelies, are required, when a lease for three hundred and twenty acres, as usual, will be granted, provided the ground is not occupied. Blank bonds may be had of the agent, who will make the survey when the bonds are given.

Kegulations For Smelters

This agreement, made and entered into this day of , 1825, between Lieut. M. Thomas, Superintendent of the United States Lead Mines, and , lead smelter,

Third. - (The record was so made). To smelt with a Ing furnace or furnaces at all times, when one hundred thousand pounds of ore (or more) are on hand at any one furnace.

Seventh. - To keep books which shall contain an accurate and true account of all lead ore, ashes or zane purchased or dug, of all smelted, and of the amount of lead manufactured or purchased, from whom purchases were made, Mil from whence the ore was dug ; said books to be open for inspection by the United States Agent of Mines, and a monthly transcript of the contents to be furnished to him, to be verified on oath if required. * i, 1

Eighth. - To clean, or cause to be cleaned, all lead ore previous to smelting it, and to weigh a charge of the log furnace when required, and the lead made from such charges. ,

Ninth. - 1o pay to the United States a tax of one-tenih of all lead manufaclured from ore, ashes or zane, to De^ paid monthly, in clean, pure lead, to be delivered at the United States warehouse (near the mines), free of expense.

«dmit of » bar of lead being passed between them ; to have a strong door, with a good and sufficient look ; to have a log ceiling in the usual manner ; said warehouse to be located at such place as the agent for mines shall direct, to be built free of expense to the United States.

forfeiture of this license, and of the bond given for the faithful performance thereof; and on proof being offered to the agent of the United States that such forfeiture has been incurred, his written notice to the smelter shall be sufficient to suspend the stipulations aforesaid.

It is distinctly understood that the bond given for the performance of the stipulation in this license, is to be in full force and virtue until all arrearages of rent or tax are paid to the agent of the United States, and a written settlement is made with him, on which a certificate that no such arrearages exist shall be given, when the bond shall be null and void.

" John S. Miller, a blacksmith, has permission to occupy and cultivate United States land. He will comply with all regulations for the cutting of timber, etc. Twenty acres. Dated May 16, 1825.

The first recorded survey of mineral land was of five acres of mineral land (a discovery lot), two acres in length by one-quarter of an acre in breadth, lying and being on what is known as "January Patch Diggings," founded by "beginning at a stake on the north side of a rocky bluff," running to stakes in mounds to the place of beginning. This was a survey for Patrick Dugan and Barney Handley, dated Fever River, May 28, 1825, and signed Charles Smith, Acting Sub-Agent U. S. Lead Mines.

There is also recorded, June 21, 1825, a survey of 320 acres of mineral land on Apple River, for David G. Bates, the original field notes being taken July 2, 1823, signed John Anderson, Major TJ. S. Topographical Engineers, on Ordnance duty.

A copy of a bill of lading of May, 1825, shows that lead was transported from the Fever River to St. Louis for forty cents per hundred pounds.

According to the regulations, all disputes between the miners were settled by the U. S. Agent. The earliest account of these of which record now exists, is a " Record of Proceedings in the case of Dugan & Welsh and David Mitchell." Joseph Miller and Ebenezer Orne were witnesses for Dugan & Welsh ; and Joseph Hardy, Stephen Thrasher and William H. Smith for Mr. Mitchell. There were no lawyers to complicate matters. The witnesses stated what they knew in few words, and the case was summed up and adjudicated by Lieut. Thomas, who gave one-half the mineral dug on the disputed claim to Mitchell, " and it is considered that the other half is an ample compensation to Dugan & Welsh for the labor they bestowed on digging it. Their conduct was violent and quarrelsome, which will be utterly discountenanced at these mines. Mr. Charles Smith, Acting Sub-agent, will see this settlement carried into effect." Signed, M. Thomas, Lieutenant U. S. Army, Superintendent of Lead Mines, and dated May ^1, 1825.

In the record of the proceedings in the case of Joseph Hardy vs. Ray, Orne & Smith, on the same day, Israel Mitchell testified that Col. Anderson stated that " Mr. Hardy was the oldest applicant for survey on the river."

The following extract from reports made by Charles Smith to his superior ofi&cers, are valuable as showing the exact state of affairs at that time :

June 11, 1825. - Hardy and Jackson are running an ash furnace ; Meeker is smelting in his log furnace ; Van Matre's ash furnace will be in operation to-day. Perfect harmony exists among the diggers. The regulations appear to give universal satisfaction. Every man appreciates the protection which they afford, and the security they give to their operations presents a stimulus to enterprise, and prevents encroachments upon the rights of others. The diflBculty of borrowing or hiring a horse when wanted, has rendered necessary the purchase of one. I have

June 11, 1825. - I havejust visited a discovery made by C. Armstrong and I. Thorn about three-quarters of a mile south of the Cave Diggings. They dug twenty or thirty feet before they struck mineral. Two thousand pounds were taken out in tlirce hours - six thousand pounds at least, are in view on the west side of the diggings, and I struck mineral over one-half of the bottom. The hole is about five feet in diameter.

Lead was low, and Smith already begins to find that the miners appreciate the situation. The following extracts are significant, and indicate that the miners were not quite satisfied with the reign of Thomas, and were expecting a change. They were not delivering mineral to the licensed smelters with much alacrity :

July 4, 1825. - The diggers generally are keeping back their mineral, some with the expectation of raising the price, and others in the belief that licenses will be obtained by smeltera from below. I understand that Meeker offers |18, an increase of 50 cents on the former price.

July 22, 1825. - Smith reported that in his opinion some regulation is necessary to enable the smelters to keep their furnaces in operation. The diggers are deluded with an expectation that mineral will rise, and, as they are generally able to hold on, they refuse to make deUveries.

July 22, 1825. - Lieut. Low is here with twenty -five men, arrived on the 11th instant; he is encamped near the agency's establishment for a few days, and occupies the finished cabin, with my permission, until he can select a suitable site for building barracks.

Lieut. Low came here with his men to build barracks and remain to enforce the regulations and the collection of the lead rent, as well as to compel the miners to deliver their mineral to the licensed smelters, whether they desired to do so or not. Lieut. Low selected as a suitable site for barracks a point on the west side of Fever River, at about one and one-half miles below the agency establishment, cleared the ground, erected a flagstaff, but before the barracks were commenced the order was countermanded, and Low left with his command. The point is still known as " Low's Point." Tholozan & Detandabaratz afterward had their smelting establishment on the east side of the river, about half a mile below Low's Point, or half way down the "Long Reach."

It is to be inferred that the orders of Lieut. Thomas were not always obeyed with the promptness desired by military oflScers. The following is selected from a large number of similar orders on record at that time, because Mr. Meeker was one of the prominent men at the mines, as well as to show that then,'' as in later days, such men sometimes took their own time :

Sir - By an order of Lieut. Thomas, of the 18th of May, 1825, you were required to erect the warehouse stipulated in yonr license as a smelter (at the place on Fever River where it will be designated to you), without delay, as it was required immediately. You have since, by consent, cotnmenced the erection of a cabin in lieu of the storehouse, and made considerable progress in that building. You are now required to erect a storehouse (agreeably to the stipulaiion in your license), from the foundation, on such ground as will be designated to you, or to complete the cabin, at your election. Should the order not be complied with within a reasonable time, the fact will be reported to the Principal Agent, and such measures adopted in the meantime as will be justified by the Twelfth Article of your license. By order, Charles Smith, U. S. A.

Notice is hereby given to all the diggers of lead ore upon the public land in the vicinity of Fever River, Small- Pox and Apple Creeks, that they must forthwith deliver to the licensed smelters all the mineral they have dug; nnd in future, the smelters, when guaranteeing the tax to the United States, will take measures to have the ore delivered at such times as may be convenient - at least once every month. A refusal on the part of any digger to comply with this order (which is in accordance with the true intent and meaning of the regulations) will cause his permit to dig to be forfeited, and the ore already obtained will be taken possession of by the agent, forthe use of the United States. (Signed) M. Thomas, Lieutenant U. S. Army, Superintendent of Lead Mmes.

Sir - Unless immediate provision be made for the hauling and smelting of mineral at the diggings, as well as for a satisfactory settlement thereof, notice will be given to diggers to deliver their mineral to licensed smelters, without regard to existing guarantees. It is necessary that the order of the 5th of September should be immediately complied with. I am, sir, Charles Smith, f^. S. Lead Mines, Fever River.

The first recorded return of lead mineral received and on hand at the furnaces of M. Meeker and Bates & Van Matre, the only licensed smelters at that date, from April 3 to May 31, 1825, shows that Meeker received from sundry persons 30,342 pounds, and Bates & Van Matre, 25,601 pounds. Totnl number of diggers who have permits, 69. June 30, the number of diggers had increased to 89 ; July 31, 96. In August, the number of diggers permitted was 105. Five smelters reported in August, viz.; Meeker, Bates & Van Matre, Hardy, Jackson and N. Bates. At the end of September, there were 127 diggers, and the five smelters had manufactured during the month 154,323 pounds of lead.

The number of diggers at the end of December is reported at 151, but the aggregate amount of lead manufactured was only 2,792 pounds. January 31, 1826, the name of Gibson appears in the list of smelters ; diggers number 163 ; 29,185 pounds of lead manufactured, but the amount of mineral at the diggings was estimated at 425,000 pounds.

In April, 1826, the number of diggers was 287 ; amount of mineral at the diggings, 900,- 000 pounds ; lead manufactured, 78,528 pounds. May shows a rapid increase of the number of diggers - 350. Mineral at the diggings accumulates, but only 6,927 pounds of lead are reported as manufactured by licensed smelters. In June, the first return of Gratiot appears - 406 diggers ; 173,479 pounds of lead. In July, 1826, Comstock's name appears among the licensed smelters - 441 diggers; 140,781 pounds of lead, and 1,400,000 pounds of mineral at the diggings. October, 1826 - Diggers, 548 ; smelters, 7 ; 269,405 pounds of lead ; 1,500,- 000 pounds of mineral at the diggings. This is the last report to be found.

Although this region was then heavily timbered, it seems that lessees and smelters were favored by the Government, and farmers and villagers had to go to the islands for their wood, as is shown by the following :

Notice

NOTICE. Those persons who have received permission to occupy land in the vicinity of Fever River are hereby informed that all timber for fuel, fencing or building, must be obtained from the islands in yie Mississippi, and from no other place in this vicinity, as the timber elsewhere is reserved for the purposes of smelters and lessees.

The following document will be interesting now, when people can own their land. Then, and for a long time afterward, the only title to land was by permit. All the people were tenants-at-will of the United States, liable to be ejected from their homes at any time, at the caprice of one man. It is proper to add that, in 1826, the people of the mines petitioned Congress for more permanent titles, but no attention was paid to their request :

It having been requested from the United States Agent for Lead Mines to grant us permission to build and inclose in a small quantity of ground for our couvenienpe, it has been granted upon the following conditions, viz.:

That we will not claim any right, title or interest in the said lands (other than as tenants, at the will of said agent, or such other agent as may be appointed for the superintendence of the mines) ; and we hereby bind and obligate ourselves to quit said premises upon one month's notice to that effect being given by said agent - it being understood that those persons who have licenses or leases are not included in this arrangement, but are to occupy agreeably to their contracts. No transfer of said ground or improvement will be made without the consent of the agent, and will be subject to the aforesaid regulations.

A large number of names are attached to this register, among whom are many of the leading settlers. The first name is R. W. Chandler. James Harris and Jonathan Browder, first Commissioners of Jo Daviess County, are among the first signatures. James Foley, Samuel Lawrence, George W. Britton, T. H January, Thomas Ray, William H. Johnson, N. Bates, Thomas Hymer, J. P. B. Gratiot, Samuel C. Muir, A. P. Vanraeter, Amos Farrar, J. W. Shidl, F. Dent, B. Gibson, James Jones, Elijah Ferguson, Isaac Swan, David M. Robinson, E. J?, lownsend, H. H. Gear and R. H. Champion are among the signers of this unique document.

A report from Charles Smith, dated July 25, 1826, says : " I have surveyed the upper street in the town, and staked oflF the lots fifty feet, forty-one in number. There is a great itch- ing for privileges, and a superabundant measure of independence. Complaints about right ground, and this, that and the other right, are accumulating every day, both from diggers ani. settlers, and God knows what and wTien will be the end of all things. The dead and the living both conspire to cause me a great deal of trouble. I am no prophet, but I will be mad enough to predict that not many months will elapse without the necessity of the intervention of military force (the only force that can be recognized in this county) to protect the interest of the mines and to encourage their development. Every day adds proof of their immense importance, and justifies the employment of every possible means for their protection -and support. The competition among smelters may, I dare say will, have *a tendency eventually to injure the mines by producing a reaction upon themselves, and exciting a rebellious spirit among the miners."

Mr. Smith's allusion to the dead and living is explained by the fact that in earlier days the people buried their dead in various places along the bench where Bench street. Galena, is now. These remains had to be removed, of course, when the town was laid out, and caused the foodnatured Smith a deal of trouble. His gloomy predictions, happily, were not fulfilled.

Thomas McKnight succeeded Charles Smith as resident sub-agent, and remained until Lieut. Thomas was succeeded by Capt. Legate in 1829. Charles Smith died at Galena March 3, 1829.

Mr. McKnight arrived at Fever River as sub-agent November 15, 1826. His first report is dated November 28, 1826, in which he says: "I arrived here on the 15th inst., but did not receive the Government papers until the 20th, in consequence of having a little house to repair for an office. Mr. Dent, the bearer, leaves here to-morrow morning. I am told that there is a great quantity of mineral lying, and will lie all winter, unsmelted. There is a great scarcity of corn for feeding teams. A great many of the teamsters are sending their teams down to the settlements to winter."

The " little house " referred to by Mr. McKnight is still standing on the west side of Main street. Galena, about one hundred and fifty feet liorth of the corner of Spring street, on Lot 3. The stone " Government house," built for a warehouse in which to store lead in 1829, by Harvey Mann and others, is still standing a little farther north, on Lot 6.

Here occurs a list of persons in whose favor the Superintendent has notified his acceptance of bonds for leases. The list was evidently made and entered of record in November or December, 1826, and entries of dates of surveys made subsequently : John P. B. Gratiot, survey made ; John Cottle, survey made ; Ira Cottle, survey made ; George Collier, survey made ; Jesse W. Shull, survey made; M. C. Comstock, survey made January 22, 1827; John Barrel, survey made January 22, 1827 ; William Henry, survey made January 22, 1827 ; P. Hogan, survey not made; - Bouthillier, survey not made; - Tholozan, survey not made; Charles St. Vrain, survey made April 5, 1827; David G. Bates (Cave), survey not made; John P. B. Gratiot (section timber land), survey made. t

The first mention of the "town of ^Galena" occurs December 27, 1826, in a permit to Patrick Gray and Thomas Drum to occupy Lot No. 25, in the town of Galena, fifty feet fronting on Hill or Second street, running back to the bluff; but this permit is dated " Fever River."

January 23, 1827, a permit was granted to Gray and Drum to enclose fifty feet on First (or Front) street, north of D^vis, for the purpose of building a bake-shop thereon. There may have been, probably were, other permits to persons desiring to occupy '' town lots " prior to the above, but these are the first that appear of record. The future city of Galena was laid off and evidently named in 1826, as these records show, but permits of the Superintendent were the only titles the people could have to their lots, improvements and homes, and these they must vacate and abandon on thirty days' notice. The United States still retained ownership.

May 12 to 15, 1827, various permits were signed by " Wash Wheelwright, Light Artillery," probably acting in Mr. McKnight's absence. Historians have given, although with questionable authority, as one of the causes of the "Winnebago war," which occurred in 1827, the fact that the Indians were dissatisfied because the miners were encroaching on their territory and digging mineral on the north side of the "ridge," which they considered the boundary of the "Five Leagues Square." In this connection, the following letter and orders will be ol interest, whatever may have been the primary cause of the Indians' ill-will : the Potlawatomies, etc., have a right to explore for mining purposes. Under this circumstance, you will not remove further toward Rock River. Should you prefer to remain wh -re you now are, you are at present at liberty to do so, with the express understanding, however, that should that part of the country be eventually decided to belong to the Winnebagoes, you remove when duly notified of the fact from this office.

Cieculab To Smeltee8

U. S. Lead Mcning Office, Galena, October 1, 1827. gmg - You are hereby directed to desist from working over the Ridge, and to employ do force whatever, eithei in hauling or sme'ting any material that may have been, or in the future may be, raised there. Also to make no purchases of said mineral from any digger. Charles Smith.

On the same date miners were notified that they had no right to go beyond said ridge for the purpose of raining, and were ordered to suspend all further operations until further orders from the Superintendent. -

On the 8th of October, 1827, an order was issued directing all discoveries of lead to be reported to the Lead Mining Office, Galena. On the 15th of November, 1827, the following persons, having struck leads prior to the 3d of July, 1827, beyond the ridge, were licensed to dig or work them out without interruption, but no others were to be allowed to mine beyond the ridge under any circumstances whatever : Cabanal, for Ewing & Co. ; Stevens, for Kirker & Ray; Riche, for Winkle; Elijah Ferguson, Hawthorn & Deviese ; Carroll, for Dickson; Stevenson, transferred to Blanchard ; Gillespie & Hymer ; Stevens & Co. ; George Ames' survey, Moore & Watson, sold to Blanchard ; Foster & Hogan.

July 2, 1827, Lieut. Thomas granted a permit to M. C. White to " burn one lime of kiln [kiln of lime] above the mouth of Small-Pox [creek]." On the same day, Mr. Comstock had permission to cut fifty large trees for building logs, near the large mound south of Mr. Gratiot's survey. Arbitrations were ordered between McKnight and Ewen Boyer & Co., on Mackey's survey, and between Jacob Himer and Will Baker, to take place on the 7th.

notice. There will not, for the present, be any town laid off at the Old Turkey Village, commonly caTlerl Grant River Town. All persons are hereby forewarned from building cabins or houses there, except such licensed smelters who -may locate in that vicinity, and such smelters will first obtain a special permission.

August 14, 1827, a permit was granted to Messrs. D. G. Bates, V. Jefferson and Hempsted to make a wharf, or landing, in front of their houses and lots, provided such landing is at all times free to public use ; no building to be placed upon it.

On the 8th of August, 1827, Michael Dee was convicted by arbitration of having stolen certain articles, the property of Thomas Williams, and all smelters and miners on Fever River forbidden to harbor said Dee or give him any employment.

McKnight left no records, except a few recorded permits ; and, except the two volumes from which the above extracts have been made, there are no records of the transactions of the Lead Mines Agency accessible, unless they are preserved in the War Department at Washington, and a letter to that department, asking for information, has failed to elicit a reply.

The only entries to be found of date later than 1827, are a code of regulations for miners, dated April, 1833, and signed Thomas 0. Legate, Captain Second Infantry, Superintendeni U. S. Mines, and another and shorter code, dated October, 1840, signed by H. King, opecial Agent U. S. Lead Mines, in which miners were required to pay not to exceed 6 pei cent of the ore, or its equivalent in metal, to the United States.

Under Lieut. Thomas' administration, Charles Smith and Thomas McKnight were Resident Sub-Agents at Galena. About 1828, the agency was removed to a log building there recently erected under permit, by Barney Dignan, on the southwest corner of Main and Washington streets-

In 1829, the office was in the first building above Mr. Barnes' boarding-house, on the upper (Bench) street, and in later time, and until discontinued, the office of the Superintendent was in Newhall's building, southwest corner of Hill and Main streets.

In 1829, Lieut. Thomas was succeeded by Capt. Thomas C. Legate, Second Infantry,, under whom Capt. John H. Weber was Assistant Superintendent. Maj. William Campbell, Col. A. G. S. Wight and R. H. Bell were also connected with the office. In November, 1836,' Capt. Weber's signature as Superintendent appears of record, and it is probable that he was appointed about that time.

As previously shown, under the old system, which generally prevailed until 1836, diggers were permitted to sell their mineral only to licensed smelters, and the Government collected the rents (10 per cent until 1830, and 6 per cent subsequently, delivered at the United States warehouse, in Galena) of the smelters. The prices paid to miners were made with that fact in view. In 1827, as clearly indicated by the letter from Lieut. Thomas to E. Ferguson, and subsequent orders, the diggers and some of the smelters were operating on lands not owned or controlled by the United States, in some instances, having the permission of the Indians and paying them for the privilege, and in more cases, probably, trespassing on their domain. It had begun to dawn upon the people that five leagues square comprised only a very small portion of the lands rich in mineral wealth, and it was not possible for the Government agents to prevent digging for mineral outside the limits of the reservation, over which, only, could the United States exercise control. The Superintendent of the United States Mines had no authority to grant permits on Indian territory. He could forbid such tresspass, but it would require a military force to prevent mining beyond the limits of the reservation, provided the diggers obtained the consent of the native owners. It was plain that the Government could rightfully collect rent only of those who obtained their mineral within the recognized limits of the " five league square." The agent could not fully demand any of the lead obtained beyond the limits of the reservation, and this led to difficulty. It was unjust to pay rent to the Indians and to pay it again to the United States, nor could the agent collect rent even if it had been surreptitiously obtained. Some of the smelters, and especially those operating on Indian lands, either with or without the permission of the natives, or buying mineral from diggers operating beyond the jurisdiction of the agent, began to refuse to pay rent, alleging that, as they obtained lead from Indian lands and were not protected by the Government, they were under no obligation to pay. The agent was placed in an embarrassing^ position. They were obtaining mineral on the public lands, but they were also obtaining it on lands over which the United States exercise no control, he had no means of determining the amount actually due the Government, and therefore could not enforce payment of any. This refusal became more general until the unauthorized sale of the mineral lands in Wisconsin, in 1834, and subsequently by the Register of the Land Office at Mineral Point (called " Shake-rag " in early mining days), who, in violation of his express instructions, permitted a large number of the diggmgs actually worked to be entered. Many miners were thus outrageously defrauded, and their rights were disregarded. From that time they declined taking leases, and the lead office gradually fell into practical disuse. Capt. Weber remained as agent until about 1840, but his agency was purely nominal. The regulations were not enforced, smelters paid no rent, and there was a season of freedom from Governmental supervision. In 1840, however, an attempt was made to revive the office. H. King, special agent, was sent to the mines, probably to investigate Weber's loose manner of doing business, or rather his neglect of business. "With Mr. King," says Mr Houghton, "or very nearly the same time, came John Flanagan.

A letter from Capt. W. B. Green, who was familiar with the events of that period, contains bhe following information : " The Lead Mine Agency was suspended for several years prior to 1841. A.fter the inauguration of President Harrison, in 1841, the agency was revived and Flanagaft appointed Superintendent - revived, probably, to give Flanagan the appointment. Previous to the suspension of the agency, the royalty to the Government was paid by the miners through the smelters. After the revival of the agency under Flanagan, the attempt was made to collect the royalty directly from the miners. The attempt was only a partial success, as the miners generally refused or evaded the payment. During the suspension of the agency, through affidavits gotten up (as affidavits can be to prove anything when taken ex-parte), a bill was lobbied through Congress, giving one of the early smelters a large sum of money for royalty paid by him on mineral reported to have been taken from Indian lands outside the original purchase. This established a precedent, of which most of the other smelters availed themselves, and in a similar manner had large sums voted them - in the aggregate, it may be, amounting to more than all the royalty received by the Government from the mines. The truth is, there was but a very inconsiderable amount taken from the Indian lands prior to the purchase of the lands south of the Wisconsin River, in the winter of 1827-28. What little there was, should, of right, have been paid to the Indians, or, ignoring their right, it should have been paid to the miners who actually paid it, as the smelters took the royalty into account when they purchased the mineral and deducted it from the value thereof."

Mr. King remained but a short time, Weber was removed or superseded, and Flanagan left in charge with instructions to enforce the regulations established by Mr. King.

About the same time Walter Cunningham, who, says M.v. Houghton, had been appointed to investigate the Superior copper mines, returned from a tour through that region and established himself here with Flanagan. From this time, the regulations required the miners to pay the rent " not to exceed 6 per cent of the ore or its equivalent in metal," but in practice, it is said, the rent that was collected was generally paid through the smelters, as formerly.

Flanagan, his associate, Cunningham, and a clerk named Couroddy, by their associations and habits rendered themselves exceedingly odious to the people. Flanagan commenced a large number of suits against individuals for arrears of rent, and compromised them for what he could get in cash, but, it is said, made no returns to the Government of his collections - defrauding the people and the Government at the same time. He was accustomed to say to the people that the -' Government must be paid first," and his arrogant declaration to smelters and others that " I lira the Government," sufficiently indicates his character and the disposition he made of his collections. If he was "the Government," there was no necessity of making returns to anybody, and none were known to be made by him. Complaints of his high-handed proceedings reached by the Secretary of War to Galena, to investigate Flanagan's administration. He came, but remained but a few days, dismissed Flanagan and placed Maj. Thomas Mellville, of Galena, in charge of the office, temporarily, until reports could be made to the W^ar Department, and a Superintendent should be appointed. The next year, 1844, according to the best information to be obtained, John G. Floyd, of Virginia, was appointed to the office. Mr. Floyd made an effort to enforce the collection of rent, and in some measure succeeded, but was removed in 1845, at the instance of Hon. Joseph P. Hoge, then member of Congress for this (then Sixth) District, and James A. Mitchel was appointed as his successor, who remained until the office was finally discontinued, about 1847, when the lands were thrown into the market. Practically, however, the office was little more than nominal after the resignation of Capt. Legate, in 1836. Under the pre-emption law, a large amount of mineral lands had been entered. Settlers were required to make oath that no mineral was being dug on the lands they desired to enter, and this requirement was easily evaded.

The people generally considered the agency as an imposition, and it was impossible to secure the implicit obedience to the rule of the superintendent that obtained in the days of Inomas and Legate. The experiment of reviving the office was not a success. The Government found upon trial that, instead of being a source of revenue, the management of the lead mmea produced constant drafts upon the Treasury, and at last, after the settlers had petitioned in vain for years, early in the session of 1846-47, Congress authorized the sale of the lands. A receiver was appointed, and by the 5th day of April, 1847, says Seymour, "land to the amount of $127,700 had been sold at minimum prices, $1.25 per acre for farming, and $2.50 per acre for mineral lands, and the days of governmental supervision or ownership of the lead mines ended.

The amount of lead shipped from various ports on the Mississippi, principally from Galena for nine years prior to the discovery of gold in 1849, and the estimated value thereof, is as follows :

In 1849, the gold discoveries in California disturbed " the even balance of ordinary business operations" in the lead-mining district. The tide of immigration that had been directed to this region, was diverted to the Pacific Coast, and a large number of miners and business men, dazzled by the glitter of California gold, left to seek their fortupes on the slopes of the Sierra Nevada. Large amounts of real estate, covered by valuable improvements, were forced into market and sold at nominal prices, to obtain the means wherewith to remove to California. Enormous 'rates were paid for money, and a large amount of capital was withdrawn from the usual channels of trade ; improvements commenced or contemplated, were suspended or delayed, and the heavy emigration from the lead to the gold mining region was seriously felt. A large number of men usually engaged in prospecting, and by whom new and important discoveries had been constantlv made, were no longer here, and operations were principally confined for a time to old "leads." But in compensation for this, the price of mineral advanced to $28 per thousand (it had at some periods been as low as $8 or $9, and was seldom higher than $22), and this advance caused operations to be renewed in diggings that had been abandoned as too unproductive to be remunerative. Writing in 1850, in discussing the effect of the " gold fever," Mr. Seymour says : " Although lead is one of the baser metals, and does not strike the imagination like pure gold dug from the bowels of the earth, yet it immediately becomes gold in the pockets of the miner, for nothing but gold is given in exchange for it by the smelter, and it is always in great demand at the market price. If enterprising men were willing to undergo here half the privations and suiferings which they endure by a journey to California and hard labor in the gold mining, their happiness and prosperity would probably be as well promoted by their pecuniary success, saying nothing of the extreme perils thereby avoided, and the painful disruption of domestic ties, so common to this class of emigrants."

In 1859, Hon. Charles Bracken prepared an historic statement of the early times in the lead region for the purpose of infiuencing a Congressional grant of lands for railroad purposes. So far as these annals are concerned, the value of the document lies in the expression of facts, and also in the report thereto appended, giving a list of those who mined prior to 1830, and paid rent to the Government as well as tribute to the Indians. Mr. Bracken wrote :

" At a treaty held by Gen. William H. Harrison with the Sac and Fox Indians, at St. Louis, on the 3d day of November, 1804, those Indians sold to the United States ail the land east of the Mississippi River, extending from the mouth of the Illinois River to the mouth of the Wisconsin River, including the lead mines east of the Mississippi. Another treaty was held on the 24th of Augiist, 1816, at Fort Crawford (St. Louis), between the United States representatives, Grov. Edwards, Gen. Clark and Mr. Choteau, and the Ottawa, Chippewa and Pottawatomie Indians. The Indians then proved, to the satisfaction of the Commissioners, that the country sold to Gen. William H. Harrison did not belong to the Sacs and Foxes alone, but was iointly the country of the Ottawas, Chippewas, Pottawafcomies, Winnebagoes and Pottawatomies of the Illinois. The Winnebagoes were not parties to this treaty, and, as a result, the Government ceded to them all the country lying north of a line running west from the southerly bend of Lake Michigan to the Mississippi, reserving, however, a quantity of land north of that line equal to five leagues square, to be laid in such tract or tracts as the President of the United States might deem proper. Some six years after the ratification of that treaty, the President, acting under authority vested in him by the act of March 3, 1807, which authorized him to lease the salt springs and lead mines belonging to the Government, directed the Secretary of War to lease the lead mines. Acting under this order, Col. Bomford, of the Ordnance Bureau, on the 15th day of June, 1822, advertised in the principal newspapers throughout the United States that proposals would be received for leasing any land of the Government containing lead mines. Col. James Johnson, of Kentucky, responded to the notice, and became a lessee of the Government for the lead mines of the Upper Mississippi, and was the first person to come into the country for the purpose of mining under Government auspices. He proceeded with keel-boats to Fever River, where, although accompanied by Maj. Forsythe, the Indian agent at Roclc Island, his landing was resisted by the Winnebago Indians (who had assembled in arms to resist the landing of any white men, saying that the Sacs, Foxes, Ottawas, Chippewas and Pottawatomies had received presents and payments for lands which belonged to them, and that they never sold to the United States). After Mr. Johnson had counseled with the Indians for several days, and made them presents of merchandise and provisions, they consented to his landing and mining and smelting in their country. Others received similar leases and followed him, and the result was that, at the time of the treaty of Prairie du Chien, in 1829, when the Indian title to the country was extinguished, the miners had dispossessed the Indians of every foot of land where there were indications of lead ore. In thus taking possession of the rich mineral lands belonging to the Winnebago Indians, they carried out the object of the Government, as evinced by the clause of the treaty at Fort Edwards, in 1816, which authorized the President to reserve a quantity of land equal to two hundred and twenty-five sections in their country. As the quantity of land covered by a smelting lease was limited to three hundred and twenty acres, or cne-half section, the entire quantity reserved would authorize four hundred and fifty leases, and the Government well knew that, when that number of her citizens were dotted over those lands, the country was virtually lost to the Indians forever, and the result proved the correctness of this conclusion.

"It cannot be shown by any record, that a tract of land five leagues square, or any less in quantity, was ever officially located or reserved, as provided for in the treaty at Fort Howard, in 1816 ; but, under the orders of the Superintendent of the Lead-Mine District of the Upper Mississippi, surveys were made for licensed smelters, covering a half-section of timbered land each. It appears that no record was kept of such surveys ; yet, in every instance where a lease was granted a survey was made, and, as timber was necessary for smelting purposes, these surveys were always -made in groves where plenty of wood could be obtained. It may be assumed, that, although there was no record kept, as the surveys were made under the direction of the President, and had metes and bounds regularly established, they must necessarily be considered as a part of the reserve under the treaty ; yet, that position would not aifect the miners' claims seriously, for in no instance was the mineral smelted taken from the timbered surveys ; it was taken from the adjoining prairie lands, which were undoubtedly the property of the Indians. So well was this understood by the miners and smelters that, at a very early day, they refused to ^n ^°' "^^ ^^^^ ^^" ^^^ smelted from the Indian lands. The consequence was, in the spring of 1825, troops were ordered from Fort Armstrong (Rock Island) to force the payment of the rent. Against this military exaction the smelters strongly protested.

" Up to the year 1825, the country east of the Mississippi, lying between the Rock and Wisconsin Rivers, and extending north to Lake Winnebago, was claimed conjointly by the Ottawas Chippewas, Winnebagoes and Pottawatomies of the Illinois. The Winnebagoes, it will be remembered, were not parties to the treaty of 1816, at Fort Howard, and they were the actual occupants of the land around Fever River, and who resisted the landing of Col. Johnson. Previous to his arrival, Van Matre, Shull and others, who were licensed as Indian traders, also mined and smelted in the country. They were tolerated in -this because they were married to Indian women not because they had any recognized right to do so, conferred by the Government. But, after the arrival of Johnson, all who were smelting in the country were compelled to take out licenses and pay rent to the Government. '

" At the treaty concluded at Prairie du Chien, on the 19th day of August, 1825, known as the ' Treaty of Limits,' the seventh and ninth articles divided the mining country on the east of the Mississippi between the Chippewas, Winnebagoes, Ottawas, and the Chippewas and Pottawatomies of the Illinois, and, by the tenth article of the treaty, the United States solemnly establishes and recognizes the boundaries.

" In the summer of 1827, the Winnebago chief, Red Bird, attacked some keel-boats on the Mississippi, above Prairie du Chien, and killed some of the hands.*

" Previous to that time no attempt had been made by the miners to cross the boundary line established in 1825,* but then a military expedition was sent against the Winnebagoes to capture Red Bird. The miners who accompanied the expedition discovered numerous indications of mineral, and in the fall of 1827 a number of them prospected in the country,' and. a valuable discovery of mineral deposit was found near Dodgeville (in Iowa County). During the following year other mines were discovered.

" The miners purchased the right to mine here from the Indians, and, therefore, when called upon by the Superintendent of the lead mines, refused to pay rent to the Government. The consequence was, troops were ordered out from Fort Crawford (Prairie du Chien), to remove the miners from the Winnebago country. To avoid this issue, the miners finally consented to t%ke out leases and pay rent to the Government, and did, therefore, actually pay two duties for the privilege of mining - one to the Indians to keep them quiet, and one to the Government to prevent expulsion.

" The Winnebagoes never consented to the reservation with the other tribes who made the treaties of 1804 and 1816, although they were, as shown, part owners of the country ; neither can any evidence be adduced showing that the reservation provided for in the treaty of 1816, was ever located, except in the matter of timber surveys'before mentioned. * * *

" When the first leases were granted, in 1822, the Fever River mines were fully 300 miles beyond the border settlements, and the Mississippi was the only thoroughfare into the country, and keel boats the only means of transportation. The consequence was that the necessary implements for mining purposes, as well as the necessaries of life, were taken to the mines at an enormous expense. For years the prosperity of the mines was retarded because the Government discountenanced any attempts, at agriculture ; the agents assuming that the fencing of farms would consume timber needed for smelting purposes. At first the ore was smelted in log furnaces, and thereby a heavy loss was sustained. For two seasons the mining and smelting operations were suspended, and great sacrifices were made by the miners in defending the country against the Indians. The miners, at a great loss in the expenditure of time and labor and money, and though suffering the worst dangers and deprivations that are to be met with on the frontier, opened this portion of the country to a permanent settlement. The expenditures of Col. Johnson alone amounted to $10,000."

Those Who Smelted Prior To 1830

The list referred to, as showing the names of smelters, and the amount of rent lead collected by them prior to January 1, 1830, is here given. The rent was one-tenth :

Political History Of The District

The legislative actions by which the mining district has been geographically changed, may be briefly and appropriately stated here, at ^e risk of repeating certain statements given in the general history which opens this volume.

The ordinance of 1787 provided that not less than three, nor more than five, States were to be erected out of the territory northwest of the Ohio River. Three States were to include the whole territory, and these States were to be bounded on the north by the British iPossessions ; but Congress reserved the right, if it should be found expedient, to form two more States of that part of the territory which lies north of an east-and-west line drawn through the southern extremity of Lake Michigan.

It is not necessary to trace the various changes of territorial jurisdiction to which Illinois, and especially its northwestern portion, was subjected, until the admission of the State into the Union in 1818. During all that time this section of the country was inhabited only by Indians, and this whole region was claimed by them. In 1804, the Sacs and Foxes, then a powerful tribe, by a treaty made at St. Louis with Gen. Harrison, then Governor of the Territory of Indiana, ceded to the United States all their lands lying east of the Mississippi ; but Black Hawk and other chiefs who were not present at St. Louis, refused to be bound by it. All the territory north of the line drawn west from the southern extremity of Lake Michigan to the

Mississippi was in the undisputed possession of the native tribes, when the State of Illinois was erected, in 1818, except a tract about five leagues square on the Mississippi, of which Fever River was about the center, which, by treaty with various tribes in 1816, the United States Government had reserved, ostensibly for a military post, but really to control the lead mines. The Government had had knowledge for many years of the existence of lead mines here, but their location was not known, and it was thought that all would be included within the limits of the reservation. The Government designed to own and hold exclusive control of these mines.

In January, 1818, the Territorial Legislature of Illinois, assembled at Kaskaskia, petitioned Congress for the admission of the Territory as a sovereign State, with a population of 40,000.

The petition was sent to Nathaniel Pope, the Territorial Delegate, by whom it was promptly presented, and it was referred to the proper committee, which instructed Mr. Pope to prepare and report a bill in accordance with its prayer. The bill, as drawn in accordance with these instructions, did not embrace the present area of Illinois, and, when it was reported to Congress, certain amendments proposed by Mr. Pope were reported with it. It was generally supposed that the line established by the ordinance of 1787, namely, the line drawn through the southern part of Lake Michigan, west to the Mississippi, was to be the northern boundary of the new State. But this, if adopted, would have left the port of Chicago in the Territory of Michigan, as well as all the territory now embraced within the limits of fourteen rich and populous counties in Northern Illinois. A critical examination of the ordinance, however, convinced Mr. Pope that Congress had the power, and could rightfully extend the northern boundary of the State as far beyond the line provided in 1787 as it pleased. The principal amendments proposed by Mr. Pope, therefore, were, first, that the northern boundary of the new State sliouid be extended to the parallel of 42 deg. 30 min. north latitude - this would give a good harbor on Lake Michigan ; and secondly, more important than the boundary line, to apply the 3 per cent fund arising from the sale of public lands to educational purposes, instead of making roads, as had been the case in Ohio and Indiana. These amendments were adopted without serious opposition, and Illinois was declared an independent State.

These important changes in the original bill, says Mr. Ford in his History of Illinois, " were proposed and carried through both houses of Congress by Mr. Pope on his own responsibility. The Territorial Legislature had not petitioned for them - no one had suggested them, but they met the general approval of the people." The change of the boundary line, however, suggested to Mr. Pope - from the fact that the boundary as defined by the ordinance of 1787, would have left Illinois without a harbor on Lake Michigan - did not meet the unqualified approval of the people in the northwestern part of the new State. For many years the northern boundary of the State was not definitely known, and the settlers in the northern tier of counties did not know whether they were in Illinois or Michigan Territory. Under the provisions of the ordinance of 1787, Wisconsin at one time laid claim to a portion of Northern Illinois, "including," says Mr. Ford, writing in 1847, "fourteen counties embracing the richest and most populous part of the State." October 27, 1827, nine years after the admission of the State, Dr. Horatio Newhall, who had then recently arrived at the Fever River Settlement, wrote to his brother as follows : " It is uncertain whether I am in the boundary of Illinois or Michigan, but direct your letters to Fever River, 111., and they will come safely." In October, 1828, a petition was sent to Congress frqm the people of that part of Illinois lying north of the line established by the ordinance of 1787, and that part of the Territory of Michigan west of Lake Michigan, and comprehending the mining district known as the Fever River Lead Mines, praying for the formation of a new Territory. A bill had been introduced at the previous session of Congress for the establishment of a new Territory north of the State of Illinois, to be called "Huron Territory," upon which report had been made, in part, favorable to the wishes of the petitioners, but they asked for the re establishment of the line as ordained by Congress in 1787. They declared " that the people inhabiting the territory northwest of the Ohio had a right to expect that the country lying north of an east-and-west line passing through the southernmost end of Lake Michigan, to the Mississippi River, and between said lake, the Mississippi and the Canada line, would remain together " as a Territory and State. They claimed that this was a part of the compact, unchangeably granted by the people of the original States to the people who should inhabit the "territory northwest of the Ohio." They declared that the change of the chartered limits, when Illinois was made a State, was open invasion of their rights in a body when they were unrepresented in either territory ; that " an unrepresented people, without their knowledge or consent, have been transferred from one sovereignty to another." They urged that the present " division of the miners by an ideal line, separating into different governments individuals intimately connected in similar pursuits, is embarrassing." They asked for "even handed justice," and the restoration of their "chartered limits." The Miners' Journal, of October 25, 1828, which contains the full text of the petition, says : " We do not fully agree with the memorialists in petitioning Congress again to dispose of that tract of country which has once been granted to Illinois ; but we think that it would be for the interest of the miners to be erected, together with the adjoining county above, into a separate Territory. And we firmly believe, too, that Congress departed from the clear and express terms of their own ordinance passed in the year 1787, when they granted to the State of Illinois nearly a degree and a half of latitude of the chartered limits of this country. Whether Congress will annex this tract to the new Territory, we much doubt, but we believe the ultimate decision of the United States Court will be, that the northern boundary line of the State of Illinois shall commence at the southernmost end of Lake Michigan." The petition was unavailing, and the northern line of Illinois remains unchanged, but the agitation of the subject by the people of this region continued. In 1840, the people of the counties north of the ordinance line sent delef;ates to a convention held at Rockford to take action in relation to the annexation of the tract north of that line to Wisconsin Territory, and it is said the scheme then discussed embraced an effort to make Galena the capital of the Territory. Resolutions were adopted requesting the Senators and Representatives in Congress for Illinois to exert their influence in favor of the project. The labors of the convention produced no results ; but, until the admission of Wisconsin as a State, there was a strong feeling among the people of Northwestern Illinois that they rightfully belonged to Wisconsin, and there was a strong desire to be restored to their chartered limits. Perhaps the heavy debt with which Illinois was burdened at that time may have had some influence in causing the feeling.

St. Clair County, organized April 28, 1809, included the whole territory of Illinois and Wisconsin, to the line of tipper Canada, north of Randolph County, these two being the only counties in the territory.

Madison County was erected from the St. Clair, September 14, 1812, and comprised all the territory north of the second township line south, to the line of Upper Canada. County seat, Edwardsville.

Bond County was organized out of part of Madison, January 4, 1817, and extended in a strip aboui, thirty miles wide on each side of the Third Principal Meridian to the northern boundary of the territory.

Pike County was erected January 31, 1821, from Madison, Bond and other counties, and embraced all the territory north of the Illinois River and its South Fork, now Kankakee River. This wa's the first county erected by the State of Illinois, which embraced the present territory of the lead region. A Gazetteer of Illinois and Wisconsin, published about 1822, says that the county " included a part of the lands appropriated by Congress for the payment of military bounties. The lands constituting that tract, are included within the peninsula of the Illinois and Mississippi, and extend on the meridian line passing through the mouth of the Illinois, 162 miles north. Pike County will no doubt be divided into several counties; some of which will become very wealthy and important. It is probable that the section about Fort Clark (now Peoria), will be most thickly settled. On the Mississippi River, snn'^ ^°°^ River, lead ore is found in abundance. Pike County contains between 700 and oOO inhabitants. It is attached to the first judicial circuit, sends one member to the House of

Representatives, and, with Greene, one to the Senate. The county seat is Colesgrove. a post town. It was laid out in 1821, and is situated in Township 11 south, in Range 2 west of the Fourth Principal Meridian. Very little improvement has yet been made in this place or the vicinity. The situation is high and healthy, and it bids fair to become a place of some importance." This is all that is known of the town of Colesgrove, the county seat of all this region in 1821.

Fulton County was formed from Pike, January 28, 1823, and included all the territory north of the base line, and west of the Fourth Principal Meridian, which had been in Pike.

Peoria County was created from Fulton, January 13, 1825, and, with some exceptions, included the same territory that comprised Fulton. The county seat was Fort Clark, now Peoria, and the first election of which record exists, within the mining district, was in Fever River precinct of Peoria County, August 7, 1826. The election was held at the house of James Smith. This was the trading-post then recently located by Amos Farrar and occupied by Smith as a tavern ; a double log-cabin that stood on the west bank of the river about halfway between the foot of Perry and the foot of Franklin streets. Galena. Water street now passes over its site.

I hereby certify that Nehemiiih Bates, T. W. ShuU and Andrew Clamo, judges, and B. Gibson and Joseph Hardy, clerlss of the election, were severally sworn before me as the law directs, previous to entering upon the duties of their respective offices.

There is a tax-list of 1826 on file at Peoria, containing two hundred and four names of men in the Fever River settlement, but the Deputy Collector who undertook to collect the taxes reported that the settlers openly defied him, and refused to pay a cent. This recalcitrant condition grew out of the uncertainty of to whom allegiance was due, as described in the foregoing pages. The people of the region from the first days to the present have been noted for their law-abiding character, with this exceptional exhibition of feeling.

The narrative of the political creation of the counties of Grant, Iowa and La Fayette, is pursued in the works devoted to those several counties by the Western Historical Company, and need not be detailed at this point.

His first visit to the lead mines was in August, 1828. He settled in Monticello, in the vicinity of the Galena lead mines in the following month. Capt. Benj. Funk, Thos. Wiley and R. H. Magoon band a band-mill at what is now Wiley's Grove, then called Funk's Grove, in Monticello. After seeing the mill in successful operation, Mr. Magoon went to the Blue Mounds, and, after a brief sojourn, entered into co-partnership with Esau Johnson and Henry Starr for the purpose of smelting. The enterprise proved a success. About December, 1829, he disposed of his interest in the business and returned to the Grove, now part of La Fayette County, then erroneously accredited to Jo Daviess County, 111. He re-engaged in the smelting business, having erected a furnace, which was completed about May 1, 1830. He subsequently made the discovery that he was nearly one mile within the boundaries of Michigan Territory. The United States Surveyors denominated his place of residence " Magoon's Grove," in deference to the proprietor. This likewise proving a successful year of smelting, he broke up twenty-five acres of prairie land, which he seeded down with forage supplies. In the early part of 1831, all the mineral in view was smelted, as Mr. Magoon, in anticipation of increased prices, was paying a higher rate per ton than others believed they could aflbrd. This anticipation proved faithful, for, on the arrival of steamboats, lead advanced in figure. With the profit thus realized by his shrewdness, he invested in a stock of general merchandise, such as always finds ready sale in a miner's camp. In 1831, he fenced in a hundred acres of arable land, and extended his operations in ore to the absorption of his whole capital and $8,000 borrowed from Robert Graham, of Galena..

The winter of 1831-32 was marked by Indian inroads, which, coupled with authenticated reports, presaged a bloody influx of the Sac and Fox tribes in the ensuing spring. These rumors were still further corroborated in May, 1832, by information that the British bands of Sac and Fox Indians had crossed the Upper Mississippi River, ascending R,ock River, with the intention of effecting a union with the Pottawatomies, and inaugurating warfare against the whole race of whites. Fully aroused by the threatening aspect of affairs, every settlement of miners and farmers began to erect forts for their mutual protection. Every other business was abandoned, as of secondary consideration, until these improvements were fully achieved. When Funk's Fort was completed, R. H. Magoon was elected Captain, a position which he resigned m a few days, for the express purpose of joining a mounted corps, a branch of the service which he considered more effective in waging war with a fleet-footed foe. Benjamin Funk was -elected to fill the vacancy. Moving in such hazardous times, and at no moment confident of his own safety, he called upon Mr. Robert Graham and deeded to that gentleman his entire estate as colluteral for the loan of $8,000. The transfer was reluctantly accepted by the capitalist, who vainly essayed to dissuade R. H. Magoon from his purpose.

This business satisfactorily accomplished, he removed his wife and three-months-old son to a place of safety in Galena. Then, arming himself, he joined an expedition under command Oj Col. Dodge that was setting out to reclaim and inter the bodies of St. Vrain and others, who had fallen in an encounter at Plum River. Parts of four companies composed the force, with a few independent volunteers who were starting forth to war on their own account. The first halt was made at Fetter's, a point nine miles from Gratiot. Before alighting, Col. Dodge strongly impressed on the rugged yeomen the necessity that existed for unanimity of action and urged them to study discipline. The troop was then formed into a hollow square, and, on receiving orders to " Dismount," each man removed his saddle and laid it on the ground where he, dismounted, and turned his horse out to graze. The orders were, that if an alarm was sounded during the night, each man should spring up in his place, and thus be formed in hollow square, to repel an attack.

The line of march was resumed in the morning, and, later in the day, the bodies of St. Vrain and three companions were found and properly buried. One of St. Vrain's number, a Mr. Hawley, was not found. The march was continued on to Dixon's Ferry, on Rock River, where Mr. Magoon was assigned as Second Lieutenant of Capt. Clark's company of mounted volunteers, and in that capacity assisted, with an escort of twenty-five men, to conduct Gen. Brady to Ottawa. Col. Dodge was in command. The journey and return trip was accomplished in immunity.

The camping-place selected was the very spot where St. Vrain and his men encamped the night before they met their fate. At Kellogg's Grove they encountered Capt. A. W. Snyder and his company, from St. Clair, 111. Capt. Snyder reported that they had a brush with the Indians several hours previous, and, despite the assistance aflforded by Gen. Samuel Whiteside, a portion of his command was sadly demoralized at a sight of the Indians. At the close of the conflict, it was found that several of the Illinois men were killed, whereas their foes escaped almost unscathed.

Before arriving at Gratiot's Grove, a halt was made to graze the horses. No provisions were visible for the bodily support of the soldiers. They were placed .in a quandary for a time, not knowing how to remedy the omission. In the vicinity was Fetter's deserted house, and, while wandering around the premises, one of the men descried a huge, rusty iron kettle. Summoning assistance, the kettle was cleaned out and filled with mustard greens, from which they expected to sup sumptuously. Alas for the hopes of men ! When the mess was boiled, it proved unpalatable and nauseating. Arriving at Gratiot's Grove, Col. Dodge informed the volunteers that they had covered two hundred miles in five days, thus averaging forty miles a day. May, 1832, was occupied in general skirmishing and guerrilla warfare, which permitted the utilization of Col. Dodge's 200 mounted men. The united strength of the Sacs, Foxes, Winnebagoes and Pottawatomies, was 600 warriors, a force that could have annihilated the gallant miners had they met in a pitched battle. When the mounted men were dispatched to Ottawa, Black Hawk, who had been reconnoitering the white men's position, realized the serious error committed, and instructed Little Priest to make a descent on Fort Hamilton.

Little Priest and his war party invaded Spaiford's farm and killed four out of six men entrenched in an open corn-field. One of the men, named Spencer, efiected his escape by concealing himself during the fight. The other fortunate was a Mr. Million, whose fleetness enabled him to outstrip his pursuers, and bring the awful tidings to Fort Hamilton. The information was thence disseminated by couriers among the different forts. On the 15th of June, Apple, a resident of the fort, was found dead within half a mile of the fort, bearing unmistakable signs of a murderous attack by the Indians. The exigency of the occasion demanded immediate and energetic action. A pursuing party was organized. Little Priest attempted evasive tactics, but, being hotly pressed, was compelled to ambush himself where the ground inequalities gave him the vantage. The whites charged valiantly in a sweeping fire, that inspired each man to greater action. The position was captured, and every Indian ruthlessly slain, with the. same dji'ree of mercy that they had meted out to their white victims. Not a soul escaped to narrate in the wigwam the desperate struggle. About June 20, word was received by Capt. Clark that the fort at Blue Mounds was bedeged. To "boot and saddle " was quickly sounded, and all available mounted men were marched to the threatened locality. A halt was made at Porter's (irove, six miles west of Blue Mounds, and on consultation the march wa? continued through the night. Nearing the objective point, the mutilated body of Lieut. George Force was found, the remains were carefully collected, and, with a blanket for a shroud, laid in a grave on the open prairie. A parade was held on the ridge, and, in the unanimous opinion of the people of the fort, the Sacs were far the more numerous. The march south was continued to Willow Springs, where they camped were driven for the night. During the night the startling intelligence was received that a large party had appeared from the direction of Pecatonica, and were marching toward Apple River Fort, on the site of the present town of Elizabeth. Capt. Clark instantly ordered the company to saddle, a feat that involved nearly an hour's time, owing to the dense darkness prevailing. They set out upon a forced march, and had proceeded seven miles beyond White Oak Springs, when overtaken by an express messenger, who related the capture of Apple River Fort. He alleged that when approaching the fort that morning, and when within plain sight, he had seen two hundred red demons charging on the fort. The fire was active and incessant for a time, and then ceased altogether. Despairing of the fate of the garrison, he liiid hastened to convey the information to Capt. Clark, whom he had expected to meet at White Oak Springs. Capt. Clark and Lieut. Magoon, after a hasty consultation, concluded to re-enforce White Oak Springs, and to notify the commanders of Fort Gratiot and Fort Funk to maintain a vigilant guard, and forward any fresh intelligence of the aborigines' movements. The mounted company clamored loudly to be brought face to face with Black Hawk and his braves, so as to wreak on them a terrible and sanguinary vengeance. Capt. Clark departed to alarm the habitues of Fort Gratiot of their danger, leaving Lieut. Magoon in charge. That officer caused every man to test his rifie, wipe it out and reload for fresh service. These movements were only completed when two men, attached to Funk's Fort, arrived, saying that the Indians were marching on that place, and when last observed were within three miles and still approaching. Supported by eleven volunteers, Lieut. Magoon made all haste toward the Fort, which he reached without adventure. No Indians were in sight, and, on prosecuting inquiry, it was rendered obvious that a foe only existed in the excited imaginations of the Orderly Sergeant, who, mistaking a scouting party from a neighboring post for Indians; sounded a premature alarm. In the morning, great relief was experienced on learning that Apple River Fort was intact, Capt. Stone having effectually scattered the enemy, who beat a precipitate retreat toward the east. An order was received from Col. Dodge, in the afternoon, directing that a messenger should be dispatched to Kellogg's Grove to inform them there that the trail of a large war party was visible two miles north of his station, and warning them to maintain a strict guard in the absence of volunteers. Capt. Funk and Jacob Duval bore the dispatch to its destination. Maj. Dement, of Kellogg's Grove, sent out scouts in the morning. They quickly returned with a cry of " Indians." General excitement prevailed ; every one in the camp was astir. All semblance of order was lost, and Maj. Dement vainly strove to organize his battalion out of this disturbed rabble. They all sallied forth regardless of order, some on horseback, and others, too eager for the fray to catch their horses, on foot. Unopposed they advanced until Black Hawk and his sterling warriors emerged from cover, uttered their war whoop, and charged on the disorderly mob. The whites retreated in overwhelming disorder, in many instances the infantry being trod under foot by their own cavalry. Maj. Dement exerted himself to the utmost of his ability to restore a semblance of order, but his praiseworthy efibrts ^®[® '^"^va.iling. The troops fell back on the houses, wherein they sought shelter from the well-directed miss.iles of Black Hawk's sharpshooters. Maj. Dement, irritated at defeat, remained outside the protecting walls, and angrily strode up and down the path. Not until a well- directed bullet from the enemy passed through his hat was Maj. Dement induced to seek shelter at the importunities of his friends. The Indians continued firing on the house until finally tired of this amusement, they crossed the prairie to the east, and disappeared in the Yellow Creek timber. The damage inflicted by this visitation was the loss of fifty horses, shot dead or crippled.

The following evening, Capt. Clark was handed a dispatch from Col. Dodge, ordering him to proceed to Fort Hamilton, and, after drawing ten days' rations, join the regiment then preparing to march on Black Hawk. No rations were visible at Fort Hamilton, and, weary and hungry, the mining regiment had to make the best of its way to headquarters, where no remedy existed for their complaints. A brace of tough plow oxen were killed for their benefit, but this "bull beef" could not be masticated by the strongest man. Capt. James A. Stephenson was elected Lieutenant Colonel, and, the plans of the campaign having been matured, the route of march was taken up. Progress was extremely slow, owing to the numerous marshes which intersected their path having to be bridged to enable the passage of artillery. So tardy was the march that Black Hawk defiantly boasted that " he could go before the white beard (Gen. Atkinson) and raise corn." Half famished, and driven to the verge of desperation by hunger, the miners petitioned Lieut. Col. Stephenson to permit them to advance to Fort Winnebago to obtain supplies. The request was complied with, under the express stipulation that the mounted company should return by the same route. Alexander and Henry's brigade and Col. Dodge's regiment were included in this order. Arriving at the fort, Clark's company enjoyed their first meal for ten days. On proposing to return to the main body, much rebellious discussion was aroused, as the men, one and all, were opposed to the snail-like progress of the regular army, preferring to march to the head-waters of Rock River, in hopes of overtaking and chastising the Indian chief. Col. Dodge, although expressing doubts of their ability to master Black Hawk, freely promised to accompany them. After reflection. Gen. Henry promised to cast his lot with the mining regiment in pursuit of Black Hawk.

An incident of the campaign will serve to illustrate some of the diflBculties the miners had to submit to. Prior to marching up the Rock River country, two barrels of flour were served out to each company. By design or oversight the two barrels served to Clark's corps were musty and sour. Col. Dodge refused to replace them with flour of palatable quality. On being acquainted with the refusal, Lieut. Magoon selected a file of his best men, and, marching to the stafi" quarters, deliberately bore off" the precious goods. This peremptory course, becoming known to the officers of the staff", caused some comment, but, beyond a feeble demur, no action was taken. Having thus secured rations, the line of march was taken up. On the second day, about 4 o'clock in the afternoon, it began to rain, and maintained a constant downpour until midnight. Tents were unknown luxuries to these hardy pioneers, who camped down in the grass with saddles for pillows and the weeping heavens for covering. As might have been expected, in the morning the men arose, dripping wet, and resumed their ordinary duties. In course of time, the miners arrived at the rapids near Whitewater, below Horicon Lake, and, after crossing to the east side, a halt was called. During that halt, Lieut. Magoon became acquainted with Abraham Lincoln. The place where the troops halted was in an open, grove of sugar-trees, with a thick undergrowth of red raspberry bushes. In riding along the border of this patch, the Lieutenant came to an opening, where he could see a dwarfish Indian slowly walking around a very tall, lean white man. As the Lieutenant halted to observe the ludicrous appearance of the pair, the white man noticed the actions of the Indian, and remarked to his visitor, " I wonder what the little Indian wants ? " Lieut. Magoon replied, " I suppose he is taking your altitude ; see how he cocks up his eye as he goes round." Further conversation led to an exchange of names, the future President of the United States giving his cognomen as "Abraham Lincoln, of Springfield, 111." Referring to this informal introduction, Lieut. Magoon says: "They met frequently after the war, and often spoke of our first acquaintance, and of the little Indian cocking up one eye at him."

From this grove they marched up Rock River a few miles, then recrossed and bivouacked for the night. Shortly after, an express arrived in camp from Gen. Atkinson, reporting that

Black Hawk's trail had been discovered below where we first crossed Rock River. The track was retraced, and the pursuit became exciting. On all sides in the vicinity of the trail, the Indians had dug spikenard, which vouched for their being famine stricken. Subsequent developments rendered safe the conjecture that no white army could have been kept banded together under a similar train of adverse circumstances. After several days of close pursuit, the scouts reported, at about 6 o'clock in the evening, that the enemy's rear was in view, a short distance in front. The soldiers were in a timber thicket on the north side of Second Lake, northeast of Madison, on the margin of a creek, the banks of which were thick set with brush. It was resolved to camp for 'the night and devote the whole of the ensuing day to routing and demoralizing Black Hawk's forces. The camp was early astir, breakfast was gulped hurriedly, and accouterments donned so as to be prepared at a moment's notice. The morning wore away without any command being issued, and the impatience of the men manifested itself in murmuring at the protracted delay. At 9 o'clock, orders were issued to mount. The order of march was Ewing's battalion in the lead, the mounted miners, and then Gren. Henry's regiment. They crossed the creek, and were marching over the present site of Madison, when a gunshot was heard on the banks of the lake, to the left. In a few minutes the shot was explained by the appearance of the regimental surgeon bearing in his hand a trophy in the shape of a fresh Indian scalp, reeking with blood. He had surprised the Indian trying to draw a bead on some ducks, and had popped him on the spot. Seeing the Indian fall, he rushed from cover, and, gaining possession of his tomahawk and scalping-knife, began to rend the scalp from the head. The pain partially revived the victim, who muttered some words in his native guttural, which elicited from the surgeon the following : " If you don't like being scalped with a dull knife, why didn't you keep a better one ? " He then dispatched the Indian and returned to camp.