Green County, Wisconsin - Chapter 10: Green County Formed and Organized. - Locating the County Seat, 1884

Chapter 10: Green County Formed and Organized. - Locating the County Seat

The first civilized claimants to the country now included within the boundaries of Wisconsin were the French, as already explained in this history. The whole of the northwest was claimed by France from 1671 to 1763, when it was by treaty surrendered to the British. By the "Quebec Act" of 1774, all of this region was placed under the local administration of Canada. It was, however, practically put under a despotic military rule, and so continued until possession passed to the United States. Before the last mentioned event, and during and after the Revolution, the conflicting claims of Virginia, New York, Massachusetts and Connecticut to portions of the country ^yere relinquished to the general government. All these claims were based upon supposed chartered rights, - Virginia adding to hers the right of conquest, as she contended, of the "Illinois country" during the Revolution.

As early as October, 1778, Virginia declared, by an act of her General Assembly, that all the citizens of that commonwealth who were then settled, or should thereafter settle, on the western side of the Ohio, should be included in a distinct country, which should be called "Illinois." No Virginians were then settled as far north as the southern boundary line of what is now Wisconsin; and, as none thereafter located 80 far north before Virginia relinguished to the United States all her rights to territory on the western and northern side of the Ohio, it follows that no part of the country which subsequently became Wisconsin "^i'crritory (now the State of Wisconsin) was ever included in "Illinois county" as a part of Virginia; nor did the last mentioned State ever exercise any jurisdiction over any portion of what is now Wisconsin either civil or military, or make claim to it by right of conquest. It would be as improper, therefore, to say that what is now Green county was once a part of Virginia as to say that it was once a portion of New York, Massachusetts, or Connecticut. All laid claim to this region, but none ever exercised jurisdiction over it.

Notwithstanding the passage of the ordinance of 1787, establishing a government over the country northwest of the Ohio river, Avhich region was acquired by the treaty of 178.3 from Great Britain, possession only was obtained by the United States of the southern portion, - the northern (and the larger) portion being held by the British government until 1796. Arthur St. Clair, in February, 1790, exercising the functions of governor, and having previously organized a government for the country under the ordinance just mentioned, established in what is now the State of Illinois, but then known as a part of the JNorthwestTerritory, a county which was named "St. Clair." But, as this county only extended north "to the mouth of the Little Mackinaw creek, on the Illinois," it did not include, of course, any part of the present State of Wisconsin, although being the nearest approach thereto of any organized county up to that date. In 1796, Wayne county was organized, which was made to include, beside much other territory', all of what is now the State of Wisconsin watered by streams flowing into Lake Michigan, But no part of the area now constituting Green county came within its jurisdic- tion. This immediate region, therefore, although a part of the Northwest Territory, had not been erected into, nor did it form a part of, any county.

From 1800 to 1809, wliat are now the limits of Wisconsin were within the Territory of Indiana, and, in the last year mentioned, passed into the Territory of Illinois. Previous to this time, the county of St. Clair had been extended north, including, beside much other territory, that which now constitutes Green county, but there was not a white settler within the present area of the last mentioned county for about a quarter of a century thereafter; meanwhile, two other Illinois counties took in this immediate region. They were, first, the county of Madison, erected Sept. 14, 1812; second, the county of Bond, organized Jan. 4, 1817. However, in 1818, what is now Wisconsin became a portion of Michigan Territory and new counties were formed - the present county of Green becoming a part of a new county erected out of a portion of that Territory.

By a proclamation of Lewis Cass, governoi of Michigan Territory, dated Oct. 26, 1818, the counties of Brown and Crawford were formed. Brown county originally comprised all of whal is now Wisconsin east of a line passing north and south through the middle of the portage between the Fox and Wisconsin rivers, except a small portion of the peninsula lying east of Green bay, which was included in the county of Michilimackinac. Tlie limits of the county extended north into the territory of the present State of Michigan so far that its north line ran due west from the head of Noquet bay.

An east-and-west line, passing near the northern limits of the present county of Barron, separated the county of Crawford from the county of Michilimackinac on the north; on the east, it was bounded by the county of Brown; on on the south, by the State of Illinois; and on west, hj the Mississippi river.

county of Green fell into Crawford county, except a strip about three miles off its east side, which formed a part of Brown county. This strip included, of course, the east half of the present towns of Brooklyn, Albany, Decatur and Spring Grove, and the whole of what is now the incorporated village of Brodhead.

By an act of the legislative council of the Territory of Michigan, approved Oct. 29, 1829, to take effect the first day of the year following, the county of Iowa was established, erabracing all the present State of Wisconsin south of the Wisconsin river and west of Brown county; in other words, it included the whole of what was previously Crawford county lying south of the Wisconsin river; so that now, all of the area now constituting Green county, except a strip about three miles in width off its east side, constituted a part of Iowa county.

On the 6th of September, 1834, the eastern boundary of Iowa county was fixed upon the line between the Green Bay and Wisconsin land districts. This line, as shown in another chapter of this history, was the one between ranges 8 and 9 east. By the same act, all that district of country before that time in Brown county lying south of a line drawn east and west at a distance of sixty-six miles north of the Illinois State line, was erected into a new county called "Milwaukie" (now written "Milwaukee"). The territory now constituting Green county fell, by the passage of this act, into the counties of Iowa and Milwaukie; that it is to say, the tier of surveyed townships now constituting the towns of Brooklyn, Albany, Decatur and Spring Grove, and the incorporated villages of Albany aud Brodhead, were in the last mentioned county; while the territory now constituting the city of Monroe and the other towns, remained a part of Iowa county. This division continued until after the formation and organization of Wisconsin Territory.

"Section 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin. That all that part of the county of Iowa, lying west of the fourth principal meridian, be and the same is hereby constituted a separate county, to be called Grant.

"Section 2. Townships 1, 2, 3 and 4 north, of ranges 6, 7, 8 and 9 east, of the fourth principal meridian,* shall be and the same are hereby constituted a separate county, to be called Green, and the seat of justice is hereby established at the town of New Mexico, in said county.

[Section 3 establishes the limits of Iowa county, and locates the county-seat. Section 4 fixes the time for the organization of Grant county. Secti(>n 5 appoints commissioners to locate the couiity-seat of Grant county, permanently, and establishes it, temporarily at a point named. Section 6 provides for holding the district court in the county last mentioned.]

"Section V. That all suits, prosecutions and other matters which are now, or shall on or before the 4th day of March, next, be commenced oT" pending in the district courts of the United States, for the counties of Brown, Iowa, Crawford and Milwaukee, or in the county court for either of the said counties, or in the Supreme court of the Territory of Wisconsin, or in the District courts in any of said counties, or in any judicial district in said Territory, or before any justice of the peace in any of said counties, shall be prosecuted to final judgment and executioji before the same courts and in the same county, as they would have been if this act had not been passed; and the same proceedings shall be had in all such suits, prosecutions and other matters as would have been had if this act had not been passed.

*For a diagram of the county, showing in outline, the various towaships, which by this act were erected into the county of Green, see Chapter VI - "United States Land Suryeys," - Ed,

The territory set apart by this act, as Green county, was again defined to be the proper area by the Revised Statutes of 1 849 (Chap. 2, Sec. 1 2), as follows:

"Beginning at the southeast corner of township ] north, of range 9 east of the meridian aforesaid [fourth principal meridian], in the boundary line of this State; running thence north, on the range line between ranges 9 and 10 east, to the northeast corner of township 4 north, of range 9 east; thence west, on the township line, to the northwest corner of township 4 north, of range 6 east; thence south on the range line, to the southwest corner of township 1 north, of range 6 east; thence east on the boundary line aforesaid, to the place of begining. [Same in Revised Statutes of 1869 and 1878]."

By the peculiar wording of this act (Section 7), it will be seen that after the 4th day of March, 1837, there was no provision for the commencing, by the inhabitants of Green counl}^ of suits in any courts of the Territory of Wisconsin. An amendment proposed to the act just recited, attaching this county to that of Iowa, for judicial purposes was postponed. After the date last mentioned. Green county was not only without any government or legal organization, but also outside the jurisdiction of any court in the Territory. It so continued until the county was organized.

At the time of the passage of the "act to divide the county of Iowa," one of the representatives of that county in the Territorial legislature, was Williatn Boyls. He was a resident of wiiat is now the town of Cadiz. Concerning the origin of the name given to this county, Miss Bingham, in her history, says:

"About the same time that Wisconsin was separated from Michigan, Iowa county constituted with her portion of the future little Green one election precinct. Henry Dodge, the first governor of the new Territory, apportioned to each county its number of councilors and representatives, and the number allotted to Iowa county entitled her eastern election precinct to one representative. The election was held where Monroe has since grown up, at the blacksmith shoj) of a Mr. Brown (familiarly known, from the material of his clothes, as Buckskin Brown), and resulted in the election of William Boyls, of Cadiz. Other things tlian political affiliations determined a candidate's success in those days. There were very few young women in tlie country, and it is said that every single man in llu precinct favored the election of M;-. Boyls, because he had eight unmarried daughters. At the first session of the first Wisconsin legislature, which convened at Belmont, Iowa county, in the fall of 1836, Mr. Boyls presented a petition (nhich had been drawn up and circulated by Daniel S. Sutherland), asking for the organization of a county which should have tlie limits of the present county of Green, and be called Richland. The petition was granted, so far as setting oft" a new county was concerned, but some one objected to the name because it was "too matter-of-fact," and Mr. Boyls was invited to select another. According to one account he selected Green, as indicative of the bright color of the vegetation, and refused to change it to Greene, in honor of Geti. Greene. Another account says he selected Greene, and wlientheact of the legislature was printed, the final e was omitted by mistake. Be this as it may, for some years the name was usuallv written Greene "

Iowa county, notwithstanding the act creating the county of Green, claimed jurisdiction over the latter, - going so far as to appoint two of the residents within the limits of the last mentioned county, as justices of the peace - Daniel S, Sutherland and William Bowen. They were directed to cause an election to be held at the same time with that in other parts of Iowa county - for county officers; but the people were not desirous of recognizing the authority longer of the mother county; so the people, although a number assembled on the day designated, refused to vote. Very naturally this state of things could not long continue. The residents of Green made haste to have their county organized, which was effected by the passage of

" Section 1. Be it enacted by the Council and House of Representatives of Wisconsin Territory, That from and after the passage of .this act, the county of Green shall, to all interests and purposes, be and remain an organized county, and be invested with full power to do and transact all county business, which any regularly organized county may of right do ; and tliat for the purpose of electing the first county officers, the polls of election shall be opened at the house of Jacob LyBrand, in the town of New Mexico, and thereafter at such times and places as are or may be prescribed by law.

"Seo. 2. Beit further enacted, that the inhabitants of the county of Green aforesaid, are hereby required to pay to the county of Iowa, according to the number of inhabitants, their equal proportions of the debts remaining unpaid by the county of Iowa.

" Sec. 3. That the county treasurer of the county of Green shall audit and pay over to the sheriff of the county of Iowa, such sum as may become due to the county of Iowa, under the provisions of this act, out of the first monies that may come into the treasury of the said county of Green ; and the said sheriff is hereby

" Sbc. 4. That tlie county of Green shall be attached to the first judicial district. There shall be two terms of the district court, held annually at the seat of justice in said county of Green. The said district court for the said county of Green, shall have and enjoy all the power, right and duties, which courts in the other counties of this Territory have and enjoy, and shall be subject to all the restrictions imposed upon said courts by the act entitled " an act for establishing judicial districts and for other purposes," passed at the first session of the legislative assembly ; and that the courts hereby authorized to be held in the county of Green, shall be held at the town of New Mexico, until otherwise ordered by law.

It will be noticed that the first election for county officers under the organic act was to be held in the toicn of New Mexico. By this it is to be understood a village of that name ; as there was no town organizations at that date. The election was held "in the town of New Mexico" on the fifth day of March, 18.38, according to law, resulting in the selection of the following persons as county commissioiiers, no other county officers being voted for :

These commissioners organized what they called a " Commissioner's Court," (equivalent to a county board of the present day, in its functions) on tlie 26th day of March, 1838. At the meeting of the electors, when these commissioners were chosen, there were polled 231 votes, indicating quite a population for Green county. Of course, there was but one voting place - the house of Jacob LyBrand - and the voters, some of them, had pretty long distances to travel, to exercise the right of suffrage. But, by the election and swearing into office of the three county commissioners, the wheels of the county government were not all set in motion. It needed that other officers should be chosen, and these were to be elected at the coming annual election to beheld in August - as the good denizens of the county supposed ; so, on the 6th day of that month, they again assembled to enjoy the inestimable privilege of the elective franchise - voting for the following officers, with results as indicated :

But there were "breakers ahead." By a special act of the Territorial legislature of June 23, 1838, the general election before held in August, was postponed to the second Monday (the 10th) of September, but all this time the citizens of Green county had remained in blissful ignorance of the fact. But now, luckily, it was discovered just in time to save the issuing of certificates to the gentlemen supposed to have been triumphantly elected in the previous August.

At the next exercise by the electors of the right of suffrage, they, besides certain county officers to vote for, also cast their ballots for a a territorial delegate to Congress and for a member of the territorial council, and of the territorial house of representatives. Green countj'^, at this time, formed a portion of a territorial district, comprising the counties of Green, Dane,

Dodge and Jefferson ; all of wbich participated in the election of territorial officers. For delegates to Congress, Thomas P. Burnet had fiftytwo votes, George W. Jones thirty-seven votes, and James D. Doty two votes. For the legislative council, Ebenezer Brigham received in Green county, ninety votes. He was voted for in the counties of Dane, Dodge and Jefferson, in addition to Green, and was elected to represent them in that body. For representative D. S. Sutherland received in Green county eightytwo, and L, E. Boomer two votes. Sutherland was the successful candidate in the four counties just named, representing them in the legislative assembly. The county officers elected on the same day were A. G. Houghton, assessor; J. McCracken, treasurer; William Rittenhouse, recorder. James Riley and Daniel Harcourt were selected as county commissioners, and A. Harris coroner.

The " swearing in " of these county officers and the entering upon their respective duties, (a term of the district court of the United States having already been held in the county) set all the wheels of the counij' government in motion, and Green county was not only fully organized, but had proceeded to business.

However, before dismissing the subject of the organization of Green county, it must not be overlooked that there was a matter closely connected with it which has not been considered. We therefore now call the attention of the reader to

It will be remembered that by the second section of the act organizing this county, the in habitants were "required to pay to the county of Iowa, according to the number of inhabitants, their equal proportion of the debts remaining unpaid by the county of Iowa." Here was an excellent chance for lawyers. How to make them pay that "equal proportion" was the question and for that matter it is still the question. But Iowa county soon took steps to bring the matter before her neighbor - Green county; but the latter did not respond by paying up. The ball was opened by a formal call upon the county commissioners by an attorney with the exact amount figured up claimed to be due from Green to Iowa. Just here, let us copy from the county records:

"The Board of County Commissioners of the county of Iowa, in the Territory of Wisconsin, by their attorney, Robert C. Howard, produced to this Board, a certified stat'-ment of debts against said Iowa county, up to March 4, IS-ST, in which said Iowa county demands of the said county of Green, her proportionable part thereof, under the act to organize the county of Green, approved Jan. 15, 1838, wliich amounts to $517 and fifty-three cents; and, after mature consideration, the adjustment of said claim is continued to the next January session of this Board."

"Upon an examination of the claim of Iowa Co., Wis., against Green Co., Wis., as exhibited to this Board by Robert C. Hoard, Esquire, the Board here being sufficiently advised of and concerning the same, is of the opinion that it belongs to the treasurer of Green county to audit and pay over the same if any due, to the sheriff of Iowa county, and that the Board here has not jurisdiction of the matter; and,

^^ Ordered, That the Clerk of this Board transmit a certified copy of this order together with the said account on file against Green county, to the Clerk of the Board of County Commissioners of Iowa county."

But the Treasurer of Green county would not audit and pay the claim, and Iowa county resorted to the courts for satisfaction. "But," says Miss Bingham, "though the claim was urged as late as 1850, and though the lawsuits to which it gave rise cost the people of little Green as much as the amount claimed, yet they always insisted that, as they had derived no benefit from the expenditures for which they

The first change made after the erection of the county into the fifteen towns just named, was the setting off of the east half of the town of York into a ne^v one to be called New Glarus. This was done by the board of supervisors of the county, Nov. 16, 1849, On the 20th of the same month, the north half of section 6, in township 3 north, of range 9 east, (town of Albany) was taken from the last mentioned town and attached to, and made a part of the town of Brooklyn. Afterward (and in the interest of temperance) two several parts of sections 2 and 3, in the town of Clarno (both of which are now in the city of Monroe) were detached and added to the town of Monroe. Finally by a law approved March 25, 1882, the city of Monroe was incorporated, forming a new civil division, entirely independent of the towns of Clarno and Monroe, including the following territory:

34, and tlie nortiieast quarter of the southwest quarter of section 34, and so much of the southeast quarter of the southwest quarter of section 34, as is included [in] Scott's addition, and the southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter of section 34, all of section 35, in town 2 north, range 7 east, and fractional lots No. 1, 2, 3, 4, 5, 6, 11 and 12, of section 2, in town 1, range 7 east, and fractional lots 1, 2, 3, 6, 7, 8, 9, 10 and 11, of section 3, town 1, range 7 east."

The incorporated villages of Albany and Brodhead (the only ones in Green county at this date, 1884) are not wholly divorced from the towns in which they are located; but are governed by both town and village laws. They arc civil divisions of the county only in a qualified sense; they have sei^arate repre'sentation on the county board. The village of Albany is in the town of Albany, and the village of Brodhead is in the town of Decatur.

The civil divisions of Green county at the present time (1884) are included, therefore, in the surveyed territory described in the United States surveys as follows:

Spring Gr

The "town of New Mexico," mentioned in the act creating Green county, where the "seat of justice" was established, was a village laid out by Jacob Andrick ; but, at the date of the passage of tlfe law above mentioned, his plat had not been recorded. It was located within what are now the southern limits of the city of Monroe. As this was the point intended bv the law for the location of the county seat, it was believed by some of the pioneers that ininvestments here " would pay." Among the number holding this belief w^as Joseph Payne. Indeed, he rather coveted half the prospective "seat of justice," and made proposals to "Judge" Andrick for its purchase, but this was refused.

Mr. Payne not being successful in his endeavors to purchase an interest in "Judge" Andricks village, concluded to lay out a village of his own contiguous thereto. It was immediately north of the "town of New Mexico," and extended so as to include both sides of that now occupied by the railroad track in the city of Monroe. But while the survey was going on, he concluded to make a last effort to purchase an interest in Andrick's village ; but his visit to the "judge" was barren of results. "Mr. James Campbell, who was Mr. Payne's surveyor, remembers," says Miss Bingham, in her History, "that while they were surveying, Mr. Payne stopped work to make a last effort to purchase a share in New Mexico, and that he remarked on his return from his fruitless visit to Judge Andrick, ' New Mexico isn't recorded, and if the old fool won't let any one else have half the county seat, he shan't have any part of it himself.' "

In order to accomplish his purpose, Mr. Payne resorted to a very cute "Yankee trick;" he finished the survey of his "town," named it when platted, "New Mexico," and then hastened to Mineral Point, the county seat (for Green county was not organized) to get it put on record. The news of this strategy reached the ears of the "judge" soon after Payne's departure and he at once mounted a horse in pursuit with his "New Mexico" in his coat pocket. But he was too late. The last "New Mexico" - the one platted by Payne - was the first to go on record; and the "judge" was believed to be circumvented. But there is "many a slip between the cup and the lip." The people now took the matter in hand.

A petition was circulated to have so much of the law creating the county of Green as fixed the "seat of justice" at the "town of New Mexico" repealed, and to have commissioners appointed to locate the county seat. The petition was not only sent to Mr. Sutherland, the member of the Territorial legislature, to be presented to the House, but to induce him to exert himself, a large number of voters pledged themselves to abide the decision made by the commissioners should a law pass as requested setting aside "tlie town of New Mexico." Mr. Sutherland's efforts resulted in the passage of the following law:

"Section 1. Be it enacted by tlie Council and House of Representatives of the Territory of Wisconsin, tliat so much of the second section of an act entitled, 'An act to divide the county of Iowa,' as establishes the seat of justice of the county of Green at New Mexico, be and the same is hereby repealed.

"Sec. 2. James L. Thayer, J. F. Ostrander and George W. Hickox are appointed commissioners to looAte and establish the seat of justice of said county of Green.

"Sec. 3. The commissioners aforesaid, or a majority of them, shall meet at the dwelling house of Joseph Payne, in said county, on the second Monday of February next, or as soon thereafter as practicable, and before proceeding to the discharge of the duties assigned them by this act, shall severally take an oath before some person legally authorized to administer the same, to perform the duties of their appointment faithfully, without fear, favor, affection, or any reward or hope thereof; and if either of the commissioners shall violate the above oath, he shall be liable to all the pains and penalties of perjury.

"Sec. 4. It shall be the duty of said commissioners to make a careful examination of said county, having regard to its present and probable future population, and to locate the seat of justice of the same where, in their opinion, it will be for the best interest of the county.

"Sec. 5. So soon as the said commissioners shall have made the location as aforesaid, it shall be their duty to make report of the same to the clerk of the board of county commissioners of the county of Green, who shall record the same, and shall immediately certify to the governor of the Territory where the selection of the seat of justice of said county has been made by the said commissioners, and the governor shall thereupon issue his proclamation

"Sec. 6, The said commissioners are allowed $0 per day each, to l)e paid out of the treasury of f^aid county of Green, for every day so necessarily employed,

The commissioners appointed by this act took the oath prescribed, and proceeded "to make a careful examination of said county, having regard to its present and probable future population, and to locate the seat of justice of the same where, in their opinion, it will be for the best interest of the county." But, as the sequel shows, they made a choice not at all acceptable to the people. Their report was as follows:

"We, the commissioners appointed by the legislative assembly of the Territory of Wisconsin to locate the county seat of the county of Green, agreeably to an act entitled, 'An act to divide the county of Iowa as establishes the seat of justice of the county of Green at New Mexico, and to provide for the lupation of the seat of justice of the county of Green,'* approved Dec. 19, 1838, respectfully report,

"That, after having discharged the duties required by said act in examining said county, have unanimously agreed to locate, and have located the seat of justice of said county of Green on the east half of the northeast quarter of section twenty-five (25), in town[ship] 2 north, of range seven (V) east, at a point designated by a stake driven by us on said east half of the northeast quarter of said section twentyfive (25), - to which we have given the name of 'Roscoe.' All w4iich is respectfully submitted. "Jared J. Ostbander, "James L. Thayer, "G. Hickox. "Roscoe, Green Co., Feb. 16, 1839."

* The act that the commissioners here attempt to describe was the one just given - "An act to rt'pcal so much of 'An act to divide th(^ county of Iowa' as establishes the seat of justice of the county of Green at New Mexico, and to provide for the location of the seat of justice of the county of Green."

As already intimated, the place fixed upon by the commissioners was not acceptable to the people. So, upon representations made to the Territorial legislature, they passed the act which follows, submitting the question of the location of the county seat to the electors of the county:

"Section 1. For the purpose of permanently establishing the seat of justice of the county of Green, an election shall be held on the first Monday in May next, at which election, every free white male inhabitant who at the time of the passage of this act was an actual resident of the coixnty and is of the age of twenty-one years, shall be entitled to cast his vote for such place or point as he may choose for the seat of justice.

"Sec. 2. The polls of election shall be opened at the usual places of holding elections in said county, and be conducted and the votes canvassed in all respects as is prescribed by the law regulating general elections.

"Sec. 3. The clerk of the board of county commissioners shall certify to the result of the election, which certificate shall within ten days thereafter he transmitted by the sheriff of the county to the governor of the territory, and if, upon examination, the governor shall find that any one point voted for, has a majority over all the places voted for, he shall issue his proclamation of that fact, and the place so having the greatest number of votes shall from the date of such proclamation be the seat of justice of said county.

"Sec. 4. If upon examination of votes, the governor shall find that no one place has a majority of the whole number of votes polled and returned to him, he shall issue a proclamation lor a new election in said county.

shall be conducted and returns thereof made in the same manner as the first election, and if there is no decision by a majority of the votes, agreeing upon any one point, then the governor shall issue his proclamation for a third election, and so on from time to time until the question is decided.

"Sec. 6. Before the governor shall issue such proclamation, declaring such place to be the seat of justice, the board of county commissioners shall make and execute a deed re-conveying all donations which may have been made to the county at the present seat of justice, to the donor or donors, and any and all bonds which may have been executed in consequence of the present location shall be surrendered.

It would naturally be supposed that Mr. Payne's village, now that the votes of the people were to determine the question of the location of the seat of justice, would find strong supporters at least among his own friends, but an unforeseen obstacle now arose. It was a question of water supply. It would not do to undertake to build a county seat where water could not be obtained - at least by digging wells; but a well sunk to the depth of forty feet on Payne's site resulted in the finding of no water. This blasted his hopes. The pioneers would not consent to vote for so dry a spot. And, for some reason Mr. Andrick, too, abandoned the idea of making his "New Mexico" the county seat. So it was that "Roscoe" and the two "New Mexicos" were thrown overboard and other points fixed upon for competition in this interesting race for the seat of justice.

Combinations were now formed. One was the "Andrick, Wilcoxon and Sutherland" combination, - these gentlemen bringing forward a site which they claimed ought to be the one where justice in the future should be meted out; another was the "Payne, LyBrand and Russell" combination, - these men, desiring the votes of the electors for the county seat at a

The result of submitting the question of locating the seat of justice to a vote of the people, is best described by giving from the county records the statistics as to the number of .votes polled and the descriptions of the places voted for, premising that three elections were held before the matter was finally settled; one on the 6th day of June, 1839; a second, on June 18, 1839; and a third and last one, Aug. 5,1839.

First Election

"An election was held at the house of Jacob Andrick in the town of New Mexico, Green county, on the 6th day of May, A. D. 1839, for the purpose of establishing the county seat of Green county.

"There were three locations voted for - one of Andrick, Wilcoxon and Sutherland, which was described as follows: 'On the half-mile stake, south side of section No. 25, in township No. 2, of range No. 1 east' - sixty-eight votes.

"The second site voted for was owned by Payne, Ly Brand and Russell, located on the half of the northeast quarter of the southwest quarter of section 35 and the north half of the southeast quarter of the southeast quarter of section No. 35 and the north half of the west half of the southwest quarter of section 35, all of township 2 north, of range 7 east - which received sixty-seven votes.

Second Election

"An abstract of votes given at an election held at the house of Jacob Andrick, in the town of New Mexico, in the county of Green, and Territory of Wisconsin, on the 18th day of June, A. D. 1839, for the purpose of establishing the seat of justice of Green county: For Andrick 'and Sutherland, south side of section No. 25, township 2 north, of range 7 east, had seventy-one (71) votes.

of section 35; north half of southeast quarter of southwest quarter of section 35; ftorth half of west half of southwest quarter of section 35; east half of southeast quarter of section 34, of township 2, of range 7 east - had seventy (70) votes.

"For Jacob Andrick, south part of west half of northwest quarter of section No. 2; south part of east half of northeast quarter of section No. 3, township 1 north, of range 7 east - received one (l) vote."

Third Election

"An abstract of votes given at an election held at the house of Jacob Andrick, in the town of New Mexico, in Green county, and 'I'erritory of Wisconsin, on the 5th day of August, A. D. 1839, for the purpose of establishing the seat of justice of said Green county:

"Know all men by these ])resents that I, Jacob LyBrand, as principal, and Hiram Rust, Andrew Clarno, Win. Blunt as sureties, are each and all of us firmly held and bound unto the county of Green, in the Territory of Wiskonsin in the penal sum of ten thousand dollars to the payment of which well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and assigns firmly by these presents. Tlie condition of the above obligation is such that if atan election to be holden on this day, August fifth, for the purpose of locating the seat of justice of the said county of Green, the site which shall be chosen shall be the north half of the west half of the southwest quarter of section number thirty-five (35) in township number two (2) of range number seven (7) east, and the norih half of the east half of the southwest quarter of section number thirty -five (35) in township number two (2) of range number seven (7) east, and the east half of the southeast quarter of section number 34, in township number two (-2) of range number seven (7) east, then and in that case the above bounden James LyBrand shall in the course of twenty days from this date make or cause to be made a good and sufficient warranty deed for the north half of the west half of the southwest quarter of section number thirty-five (35) in township number two (2) of range number seven (V) east, containing forty acres more or less, to be applied to the erection of a court house and other county buildings, and ordinary county purposes, the above named Jacob LyBrand reserving the rails to be removed by him, also this year's crop, the said county of Green before offering any portion of the whole of the above described lauds for sale shall make a good and sufficient warranty (ieed to the said Jacob LyBrand for one building lot facing on the public square, which the said Jacob LyBrand may select, and five other building lots from any part of the town which shall be laid off on any part of the above described lands,except facing on the public square. The town to be laid off under the direction of the following named gentlemen or those among them who will attend, namely: Adam Starr, Daniel Harcourt, John Chryst, James Hawthorn and Allen Woodle, they constituting a committee appointed at a county meeting to select sites to be voted for the seat of justice.

"In witness whereof the said Jacob LyBrand [Hiram Rust, Andrew Clarno and William - Blunt], have hereunto set our hands and seals this fifth day of August, one thousand eight hundred and thirty-nine.

"Register." "Know all men by these presents that I, Joseph Payne, as principal, and Hiram Rust, Andrew Clarno and Stephen Clarno as sureties, are each all of us firmly held and bound unto the county of Green, in the Territory of Wiskonsiti, in the penal sum of ten thousand dollars, to tlie payment of which well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and assigns firmly by these presents. The condition of the above obligation is such, that if an election to be holden on this day, August fifth, for the purpose of locating the seat of justice of said county of Green, the site which shall be chosen shall be the north half of the west half of the southwest quarter of section number thirty-five(35) in township number two (2) of range number seven (7) east, and the north half of the east half of the southwest quarter of section number thirty-five (35) in township number two (2) of range number seven (7) east, and the east half of the southeast quarter of section number thirty-four (34) of township number two (2) of range number seven (7) east, then and in that case the above bounden Joseph Payne shall in twenty days from this date make or cause to be made a good and sufficient warranty deed to the said county of Green for the following described land, namely, the north half of the east half of the southwest quarter of section number thirtyfive (35) in township number two (2) of range number seven (7) east, containing forty acres more or less to be applied to the erection of a court house and other county buildings, and ordinary county purposes. The public square to be placed in the center of the north half of the west half of the southwest quarter of section number thirty-five (35) in township number two (2) of range number seven (7) east. The above named Joseph Payne reserving the rails as also this year's crop for his use to be removed by him.

"In witness whereof the said Joseph Payne, Hiram Rust, Andrew Clarno and Stephen Clarno have hereunto set our seals this fifth day of August, one thousand eight hundred and thirty-nine.

"Attest Wm. Rittenhouse, Register." "Know all men by these presents that I, William S. Russell, of Winslow, in the county of Stephenson and State of Illinois, am firmly bound unto the county of Green, Wisconsin Territory, in the penal sum of ten thousand dollars, and do by these presents bind myself, my executors, administrators and assigns, to the payment thereof well and truly to be made. The condition of the above obligation is such that if at an election to be liolden on the fifth day of August, Anno Domini eighteen hundred and thirty-nine, for the purpose of locating the seat of jusiice for said county of Green, the site whicli shall be cho«en therefor shall be the north half of the west half of the southwest quarter of section number thirty-five, in township number two of range number seven east, or the north half of the east half of the southwest quarter of section number thirty-five, in township number two of range number seven east, or the east half of the southeast quarter of section thirty-four, township number two of range number seven east, then the above bounden VVm. S. Russell shall in the course of four months from this date or sooner if conveniently may be, execute a good and sufficient deed of the last described tract or parcel of land, namely, of the east half of the southeast quarter of section number thirty-four, in township number two of range number seven east, containing eighty acres of land more or less. The south part of said described land, namely, forty acres thereof to be applied to the erection or establishment of a seminary of learning adapted to tlie wants of s lid county, whenever the citizens of said county may consider it expedient so to apply the same, and the north part of said tract to be applied, namely, forty acres thereof to the erection of suitable county buildings for the transaction of county business and other ordinary county purposes.

The number of votes polled at the first election was 130; at the second, 142; at the third, 153. As the eastern portion of section 34, and the western portion of section 35, in township 2 north, of range Y east, was definitely fixed upon as the future capital of Green county, it only needed that the "Ly Brand, Payne and Russell" combination should execute to the county their proposed gifts. This was done by the following deeds:

"This indenture, made and entered into this twenty-fourth day of August, one thousand eight hundred and thirty-nine, between Jacob Ly Brand, of the county of Green, in the Territory of Wiskonsin of the first part, and the county of Green in the Territory of Wiskonsin of the second part:. Witnesseth, that the said Jacob Ly Brand of the first part, for and in consideration of the sum of one dollar in hand, paid by the said county of Green, the receipt whereof is hereby confessed and acknowledged, and in consideration of the benefits and advantages derived, and to be derived in consequence of the liind hereinafter described, being part of the lands selected as the site for tlie erection of the court house and other county buildings, and ordinary county purposes, and in consideration of the said county of Green making a good and sufficient warranty deed to the said Jacob Ly Brand for one building lot facing on the public square, and five other building lots not facing on the public square, the said Jacob Ly Brand to make such a selection as he may think proper; (the town to be laid off under the direction of the following named gentlemen, or those among them who will attend to the same, namely: Adam Starr, Daniel Harcourt, John Chryst, Jauies Hawthorn and Allen Woodle). Have given, granted, bargained, dedicated, aliened, remised, released, conveyed and confirmed, and by these presents do give, grant, bargain, dedicate, alien, remise, release, convey and confirm unto the said county of Green, in the Territory of Wiskonsin, the following tract or parcel of land, situate, lying and being in the said county of Green, in the I'erritory of Wiskonsin; known and described as the "north half of the west half of the southwest quarter of section number thirty-five (35), in township number two (2) of range number seven (7) east," containing forty acres more or less, together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever of the party of the first part either in law or equity, either in possession or expectancy of, in, and to the above bargained premises and their hereditaments and appurtenances; to have and to hold the afoi-esaid described tract of land unto the said county of Green, or unto the seat of justice thereof, by whatsoever name it may be called; and the said Jacob Ly Brand, for himself, his heirs, executors and administrators, do covenant,grant, bargain and agree to and with the said county of Green, and to and with the said seat of justice thereof, by whatsoever name it may be called, that at the time of the ensealing and delivering of these presence, that he was seized of the ]ji"emises above conveyed as of a good, sure, perfect, absolute and indefeasible estate of inheritence in the law, in fee simple, and that the above bargained premises in the quiet and peaceable possession of the said party of the second part, against all and every person or persons, lawfully claiming, or to claim the whole or any part thereof, he will forever warrant and defend. "In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. "Signed, sealed and de-^

This day personally came before me, the undersigned, a justice of the peace in and for said county, Jacob LyBrand, whose name appears to the foregoing deed, and who is personally known to me, to be the real person who executed said deed, and who then acknowledged that he signed sealed and delivered said deed, freely and voluntarily for the uses and purposes therein mentioned. Given under my hand and seal, this the 24th day of August, A. I). 1839.

"This Indenture made the seventeenth day of August, in the year of our Lord one thousand eight hundred and thirty-nine, between Joseph Payne, of the county of Green, and the Territory of Wisconsin, and Rosa, his wife, of the first part, and the county of Green, in said Territory, of the second part : Witnesseth, that the said party of the first part, for and in consideration, of the sum of one dollar in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged have given, granted, bargained, sold, remised, released, aliened and confirmed, and by these presents do give, grant, bargain, sell, remise, release, convey and confirm unto the said party of the second part forever, the following described tract of land, towit : The northeast quarter of the southwest quarter of section thirty-five (35) in town two (2) of range seven (7) east of the fourth principal meridian, containing forty acres ; together with all and singular, the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of the said party of the first part, either in law or equity, either in possession or expectancy of, in and to the above bargained premises and their hereditaments and appurtenances ; To have and to hold the said premises, as above described with the appurtenances unto the said party of the second part forever ; and the said party of the first part for themselves, their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, that at the time of the ensealing and delivering of these presents, they are well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasable estate of inheritance in the law, in fee simple, and that the above bargained premises, in the quiet and peaceable possession of the said party of the second part, and against all and every person or persons lawfully claiming or to claim the whole or any part thereof, they will forever warrant and defend.

"Be it remembered that on the seventeenth day of August, in the year of our Lord one thousand eight hundred and thirty-nine, before me the subscriber, a notary public in and for said county, came the within named Joseph Payne, and acknowledged the foregoing indenture to be his act and deed, and desired that the same might be recorded as such according to law. In testimony whereof I have hereunto set my hand and affixed ray private seal the day and year above written.

"Be it remembered that on the twenty-third day of August, in the year of our Lord one thousand eight liundred and thirty-nine, before me the undersigned, a justice of the peace in and for said county, came the within named Rosa Payne, and acknowledged the foregoing written indenture to be her free act and deed.

"This indenture made the second day of September, in the year our Lord, eighteen hundred and thirty-nine between William S. Russell, of Stephenson county, in the State of Illinois, and Mary W. Russell, wife of the said William, of the first part, and the county of Green, in the Territory of Wisconsin, of the second part, witnesseth, that for and in consideration of a certain bond executed by said Russell, dated in August last, binding him to convey unto said county of Green a certain tract or parcel of land on certain conditions named in said bond, the said party of the tirst part, do hereby give, grant, sell and convey and confirm unto the said county of Green, forever, a certain tract or parcel of land situated in said Territory of Wisconsin, and known and described as the east half of the southeast quarter of section thirtyfour, in township number two, of range number seven east, containing eighty acres, more or less, provided, nevertlielesss, that said land above conveyed, or the proceeds thereof sliall be applied by said county of Green, in the following manner, namely : The north part of said tract or parcel of said land shall be applied to the erection of suitable county buildings on some one or more of the tracts or parcels of land selected by tlie citizens of said county as the seat of justice therefor, at an election held for that purpose on the hfth day of August last, and for the payment of other county expenses. And the other half of said tract, namely, the south half thereof, shall be applied to the establishment of some suitable seminary of learning for the use and benefit of said county of Green. To have and to hold the above described premises with the privileges and ai)purtenances thereto belonging unto the said county of Green, forever. And the said party of the first part, for themselves, their heirs, executors and administrators do covenant with the said county of Green that they are lawfully seized in fee of the above granted premises that they are free from all incumbrance, that they have good right to sell and convey the same, to the said county of Green, as aforesaid, and that they will, and their heirs, executors and administrators shall warrant and defend the same to the said county of Green, against the lawful claims of all persons.

"Personally appeared before me, the undersigned. Clerk of the Supreme Judicial Court, for the county of Plymouth and the highest court of record within said Commonwealth of Massachusetts, Wm. S. Russell and Mary W. Russell, the wife of said William, personally known to me as the same persons who signed the foregoing deed of conveyance, who acknowledged that they had signed, sealed and delivered the same for the uses and purposes therein mentioned, and after having examined the said Mary W. Russell, separate and apart from her husband and made known to her the centents of said conveyance she acknowledged that she had executed the same without fear or compulsion of her said husbmd and does not wish to retract.

On the lands thus donated there was platted by the district surveyor, William Grifiith, a village, to which was given the name of Monroe. The plat was certified to by the surveyor on the 23d of December, 1839. The forty acres donated by Jacob Ly Brand occupied the central one-third of the village ; that given by Joseph Payne, the east one-third ; and that deeded by William S. Russell the west one third. Allen Woodle, Adam Starr, John Chryst, Daniel Harcourt, and James riawthorn were made a committee to receive the title to these lands, and to superintend the platting of the same; and on the Sth day of January, 1840, they certified to the platting as reported by the surveyor; and on the 21st day of April, 1840, made acknowledgment to the certificate before James Riley, justice of the peace. On the 18th day of May, 1840, William Bowen, James Riley and William Boyls, county commissioners, acknowledged the receipt of the plat for the uses for which it was donated, before Hiram Rust, justice of the peace. So the county seat of Green county was permanently located at what is now the city of Monroe.

What remained now to be done to complete the whole matter connected with the locating of the county seat at Monroe was the selection of the lots in that village, by Jacab Ly Brand, which, the reader will recollect, he reserved the privileges of selecting, viz : six town lots for himself, from the forty acres which he deeded to the county; and before the public sale of lots in Monroe, by the commissioners of the county, he was requested by them to make choice of the same ; as fully appears by the following entry in the record of their proceedings :

"Whereas, Jacob Ly Brand reserved to himself the choice of six town [village] lots in the town [village] of Monroe, in his deed to Green county, dated 24th day of August, A. D. 1839, be it ordered that said Jacob Ly Brand be notified that the town plat of the town of Monroe is acknowledged and tiled in the I'egister's ofiice for record, and that the said Ly Brand make choice of said lots as aforesaid in said deed, and that the sheriff serve on the said Jacob Ly Brand, a copy of this order and make due return thereof."

But the "said Jacob Ly Brand" seemed in no hurry to make his selection ; so the board proceeded to pass the following oi-der on the 1st day of June, 1840 :

"Whereas, Jacob Ly Brand was notified on the 18th day of May, 1840, to make choice of six town lots, reserved by him in a deed executed to the county of Green, dated August 24, 1839, which notice was returned by the sheriff, duly served ; and whereas, no specified time is designated for the selection of said lots, and suflicient time having been given to the said Jacob Ly Brand to make such selection as by him provided in said deed ; and whereas, he has hitherto neglected, and, by so neglecting, refused, and by so doing, waived his right to make such choice; and whereas, provision is made in the above named deed that Green County, before offering any portion of the town of Monroe for sale, shall make a deed to said Jacob Ly Brand of six building lots, in said town, as provided in said deed ; now be it

" Ordered, That the following lots be selected, to-wit : lot No 1, facing on the public square, and lots Nos. 80, 88, 89, 97, 74, being lots not facing on the public square ; and that a deed be executed to the said Jacob Ly Brand for said lots on the part of said Green county, and tendered to the said Jacob Ly Brand by the sheriff, and return thereof made and tiled in the office of the clerk of this board."

Mr. Ly Brand would not receive the deed tendered by the commissioners, and the sheriff made his return in accordance with the facts. Here the matter rested until the 8th day of October, when the public sale of the Monroe lots was to take place, when the matter was arranged, Mr. Ly Brand having before that date made a selection of the lots and the commissioners thereupon deeding the same to him, as appears from the following record of their proceedings :

" Whereas, A deed was executed to Jacob Ly Brand, by this board, for six building lots in the town of Monroe, and presented to him by the sheriff of Green county, in pursuance of an order by this board, at the July session 1840; and,

" Whereas, The said Jacob Ly Brand refused to accept said deed, and chose other six lots in said town, to-wit : lots numbers one (I), twentythree (23), twenty-four (24), and twenty-five

(25), being lots on the land donated to Green county by Jacob Ly Brand ; also lot number three (3) on the land donated to said county by William C, Russell ; also lot number seven (V), on the land donated by the said Jacob Ly Brand, and facing on the public square in said town.

" Ordered, That a deed of conveyance be executed to the said Jacob Ly Brand by this boai-d, on the part of Green county, for the aforesaid described lots and tendered to the said Jacob

The sheriff returned into court the following return, to-wit : ' I hereby certify that I this 8th day of October, 1840, presented a deed from Green county to Jacob Ly Brand for certain lots in the town of Monroe, and the said Jacob Ly Brand accepted the same.'