Rock County, Wisconsin - Chapter 10, 1879 (part 9 of 11)

All the claiming states finally ceded their interests to the general government, giving the latter a perfect title, subject only to the rights of the Indians. The deed of cession from Virginia was dated March i, 1784. The other states ceded their claims, some before this date, others subsequent thereto.

Virginia made a number of stipulations in her deed of cession; among others, that the French and Canadian inhabitants and the neighboring villages who had professed themselves citizens of Virginia, should have their possessions and title confirmed to them, and be protected in the enjoyment of their rights and liberties; thr.t 150,000 acres of land near the rapids of the Ohio, should be reserved for that portion of her state troops which had reduced the country; and about 3,500,000 acres between the rivers Scioto and Little Miami be reserved for bounties to her troops on the continental establishment.

In consequence of certain objectionable stipulations made by Virginia as to the division of the territory into states, the deed of cession was referred back to that state with a recommendation from congress that these stipulations should be altered. On the 30th of December, 1788, Virginia assented to the wish of congress, and formally ratified and confirmed the fifth article of compact which related to that subject, and tacitly gave her consent to the whole ordinance of 1787. The provisions of this ordinance have since been applied to all the territories of the United States lying north of the 360 40'. After the adoption of the constitution of the United States the the new congress, among its earliest acts, passed one, recognizing the binding force of the ordi-' nance of 1787.

Of this ordinance it has been said ; " It was based on the principles of civil liberty, maintained in the magna charta of England, re-enacted in the bill of rights, and incorporated in our different state constitutions. It was the fundamental law of the constitution, so to speak, of the great northwest, upon which were based, and with which harmonized all our territorial enactments, as well as our subsequent state legislation, and, moreover, it is to that wise, statesman-like document that we are indebted for much of our prosperity and greatness."

After the close of the revolutionary war, enterprising individuals traversed the whole country which had been ceded to the government, and companies were formed to explore and settle the fertile and beautiful lands- beyond the Ohio ; but the determination of the British cabinet not to evacuate the western posts, was well known, and had its effect on the people who were disposed to make settlements.

The western tribes were also dissatisfied and threatened war, and efforts were made by the government to settle the difficulties. A grand council was held at the mouth of Detroit river in December, 1787, which did not result favorably, and two treaties were subsequently held, which were not respected by the savages who were parties to them. Soon an Indian war ensued, ^hich resulted at first disastrously to the American troops under Generals Ha;:mar and St. Clair, but finally with success to the American arms under General Wayne. The treaty of Greenville followed. It was concluded August 3, 1795. At this treaty there were present eleven hundred and thirty chiefs and warriors. It was signed by eighty-four chiefs and General Anthony Wayne, sole commissioner of the United States. One of the provisions of the treaty was that in consideration of the peace then established, and the cessions and relinquishments of lands made by the tribes of Indians, and to manifest the liberality of the United States as the great means of rendering this peace strong and perpetual, the United States relinquished their claims to all other Indian lands northward of the river Ohio, eastward of the Mississippi, and westward and southward of the great lakes and the waters united by them, except certain reservations and portions before purchased of the Indians, none of which were within the present limits of this state. The Indian title to the whole of what is now Wisconsin, subject only to certain restrictions, became absolute in the various tribes inhabiting it. By this treaty it was stipulated that, of the lands relinquished by the United States, the Indian tribes who have a right to those lands, were quietly to enjoy them ; hunting, planting, and dwelling thereon so long as they pleased ; but, when those tribes or any of them should be disposed to sell them, or any part of them, they were to be sold only to the United States, and until such sale, the United States would protect all of the tribes in the quiet enjoyment of their lands against all citizens of the United States, and all other white persons who might intrude on the same. At the same time all the tribes acknowledged themselves to be under the protection of the United States, and no other person or power whatsoever.

The treaty also prohibited any citizen of the United States, or any other white man, settling upon the lands relinquished by the general government ; and such person was to be considered as out of the protection of the United States; and the Indian tribe on whose land the settlement might be made, could drive off the settler, or punish him in such manner as it might see fit.

It will be seen that the Indians were acknowledged to have an unquestionable title to the lands they occupied until that right should be extinguished by a voluntary cession to the general government ; and the constitution of the United States, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, adopted and sanctioned previous treaties with the Indian nations, and consequently admitted their rank among those powers who are capable of making treaties.

The several treaties which had been made between commissioners on the part of the United States and various nations of Indians, previous to the treaty of Greenville, were generally restricted to declarations of amity and friendship, the establishment and confirming of boundaries, and the protection of settlements on Indian lands ; those that followed were generally for a cession of lands and provisions made for their payment. It is proposed to notice the several treaties that took place after that held at Greenville, showing in what way the territory of the present state, came into possession of the government. As will be seen hereafter, it required treaties with numerous tribes of Indians to obtain a clear, undisputed title, as well as many years before it was fully accomplished.

1. A treaty was held at St. Louis, November 3, 1804, between the Sacs and Foxes and the United States. William Henry Harrison was acting commissioner on the part of the government. By the provisions of the treaty, the chiefs and head men of the united tribes ceded to the United States a large tract on both sides of the Mississippi, extending on the east from the mouth of the Illinois to the head of that river, and thence to the Wisconsin ; and including on the west considerable portions of Iowa and Missouri, from the mouth of the Gasconade northward. In what is now the state of Wisconsin, this grant embraced the whole of the present counties of Grant and La Fayette and a large portion of Iowa and Green counties. The lead region was included in this purchase. In consideration of this cession, the general government agreed to protect the tribes in the quiet enjoyment of their land, against its own citizens and all others who should intrude on them. The tribes permitted a fort to be built on the upper side of the Wisconsin river, near its mouth, and granted a tract of land two miles square, adjoining the same. The government agreed to give them an annuity of one thousand dollars per annum. The vaHdity of this treaty was denied by one band of the Sac Indians, and this cession of land became, twenty-eight years after, the alleged cause of the Black Hawk war.

2. Another treaty was held at Portage des Sioux, now a village in St. Charles county, Missouri, on the Mississippi river, September 13, 1815, with certain chiefs of that portion of the Sac nation then residing in Missouri, who, they said, were compelled since the commencement of tjie late war, to separate themselves from the rest of their nation. They gave their assent to the treaty made at St. Louis in 1804, and promised to remain separate from the Sacs of Rock river, and to give them no aid or assistance, until peace should be concluded between the United States and the Foxes of Rock river.

3. On the 14th of September, a treaty was made with the chiefs of the Fox tribe at the same place. They agreed that all prisoners in their hands should be delivered up to the government. They assented to, recognized, re-established and confirmed the treaty of 1804, to the full extent of their interest in the same.

4. A treaty was held at St. Louis, May 13, i8i6, with the Sacs of Rock river, who affirmed the treaty of 1804, and agreed to deliver up all the property stolen or plundered, and in failure to do so, to forfeit all title to their annuities. To this treaty. Black Hawk's name appears with others. That chief afterward affirmed that though he himself had " touched the quill " to this treaty, he knew not what he was signing, and that he was therein deceived by the agent and others, who did not correctly explain the nature of the grant; and in reference to the treaty of St. Louis in 1804, and at Portage des Sioux in 1815, he said that he didnot consider the same valid or binding on him or his tribe, inasmuch as by the terms of those treaties, territory was described which the Indians never intended to sell, and the treaty of 1804, particularly, was made by parties who had neither authority in the nation, nor power to dispose of its lands. Whether this was a true statement of the case, or otherwise, it is quite certain that the grant of lands referred to was often confirmed by his nation, and was deemed conclusive and binding by the government. The latter acted in good faith to the tribes, as well as to the settlers, in the disposition of the lands.

5. A treaty of peace and friendship was made at St. Louis, June 3, i8t6, between the chiefs and warriors of that part of the Winnebagoes residing on tlie Wisconsin river. In this treaty the tribe state that they have separated themselves from the rest of their nation ; that they, for themselves and those they represent, confirm to the United States all and every cession of land heretofore made by their nation, and every contract and agreement, as far as their interest extended.

6. On the 30th of March, 181 7, the Menomonee tribe concluded a treaty of peace ana friendship at St. Louis with the United States, and confirmed all and every- cession of land before made by them within the limits of the United States.

7. On the 19th of August, 1825, at Prairie du Chien, a treaty was made with the Sioux, Chippewas, Sacs and Foxes, Winnebagoes, Ottawas and Pottawattamies, by which the boundary between the two first nations was agreed upon; also between the Chippewas, Winnebagoes and other tribes.

8. Another treaty was held August 5, 1826, at Fond du Lac of Lake Superior, a small settlement on the St. Louis river, in Itaska county, Minn., with the same tribes, by which the previous treaty was confirmed in respect to boundaries, and those of the Chippewas were defined, as a portion of the same was not completed at the former treaty.

9. A treaty was made and concluded August i, 1827, at Butte des Morts, between the United States and the Chippewa, Menomonee and Winnebago tribes, in which the boundaries of their tribes were defined ; no cession of lands was made.

10. A treaty was made at Green Bay, August 25, 1828, with the Winnebagoes, Pottawattamies and other tribes. This treaty was made to remove the difficulties which had arisen in consequence of the occupation by white men of that portion of the mining country in the southwestern part of Wisconsin which had not been ceded to the United States. A provisional boundary was provided, and privileges accorded the government to freely occupy their territory until a treaty should be made for the cession of the same. This treaty was simply to define the rights of the Indians, and to give the United States the right of occupation.

11. Two treaties were made at Prairie du Chien, on the 29th of July, 1829, and August i, 1829 : at the first date, with the Chippewas, Ottawas and Pottawattamies, by which these nations ceded all their lands which they claimed in the northwestern part of Illinois ; and at the latter date with the Winnebagoes, by which that nation ceded and relinquished all their right, title and claim to all their lands south of the Wisconsin river, thus confirming the purchase of the leadmine region. Certain grants were made to individuals, which grants were not to be leased or sold by the grantees.

By this important treaty, about eight millions of acres of land were added to the public domain. The three tracts ceded, and forming one whole, extended from the upper end of Rock river to the mouth of the Wisconsin, from latitude 41" 30' to latitude 43° 15', on the Mississippi. Following the meanderings of the river, it was about two hundred and forty miles from west to east, extending along the Wisconsin and Fox rivers, affording a passage across the country from the Mississippi to Lake Michigan. The south part of the purchase extended from Rock Island to Lake Michigan.

12. Another important treaty was made at Green Bay, February 8, 1831, between the Menomonee Indians and the United States. That nation possessed an immense territory. Its eastern division was bounded by the Milwaukee river, the shore of Lake Michigan, Green bay. Fox river, and Lake Winnebago ; its western division, by the Wisconsin and Chippewa rivers on the west, Fox river on the south, Green bay on the east, and the high lands which flow the streams into Lake Superior on the north. By this treaty all the eastern division, estimated at two and a half millions of acres, was ceded to the government. By certain other provisions, the tribe was to occupy a large tract lying north of Fox river and east of Wolf river. Their territory farther west was reserved for their hunting-grounds until such time as the general government should desire to purchase it. Another portion, amounting to four millions of acres, lying between Green bay on the east and Wolf river on the west, was also ceded to the United States, besides a strip of country, three miles in width, from near the portage of the Wisconsin and Fox rivers north, on each side of the Wisconsin river, and forty-eight miles long - still leaving the tribe in peaceable possession of a country about one hundred and twenty miles long, and about eighty broad. Bv supplementary articles to the treaty, provision was made for the occupancy of certain lands by the New York Indians - two townships on the east side of Lake Winnebago.

13. At the conclusion of the Black Hawk war, in 1832, for the purpose of clearing up the Indian title of the Winnebago nation in the country, a treaty was made and concluded at Fort Armstrong, September 15, 1832. All the territory claimed by this nation lying south and east of the Wisconsin and Fox river of Green bay, was ceded to the United States, and no band or party of AVinnebagoes was allowed to reside, plant, fish or hunt on these grounds, after June i, 1833, or on any part of the country therein ceded.

14. On the 27th of October, 1832, articles of agreement were made and concluded at Green Bay between the United States and the Menomonee Indians, by the terms of which that nation ceded to the New York Indians certain lands on Fox river.

15. An important treaty was made at Chicago, September 26, 1833, between the United States and the Chippewas, Ottawas and Pottawattamies. Those nations ceded to the government all their lands along the western shore of Lake Michigan, and between that lake and the land ceded to the United States by the Winnebago nation at the treaty at Fort Armstrong, September

IS, 1832, bounded on the north by the country lately ceded by the Menomonees, and on the south by the country ceded at the treaty at Prairie du Chien, July 19, 1829 - containing about five millions of acres.

16. On the 3d of September, 1836, a treaty was made at Cedar Point with the Menomonees, by which lands lying west of Green bay, and a strip on the upper Wisconsin, were ceded to the United States - the quantity of land ceded being estimated at four millions of acres in the Green bay portion ; on the Wisconsin rivei, a strip three miles wide on each side of the river, running forty-eight miles north in a direct line, equivalent to 184,320 acres.

17. On the ,29th of July, 1837, a treaty was made with the Chippewas of the Mississippi, at Fort Snelling, and the United States, the nation ceding to the government all their lands in Wisconsin lying south of the divide between the waters of Lake Superior and those of the Mississippi.

18. Certain chiefs and braves of the Sioux nation of the Mississippi, while visiting Washington, September 29, 1837, ceded to the United States all their lands east of the Mississippi, and all their islands in said river.

19. The Winnebago nation, by the chiefs and delegates, held a treaty with the government at Washington, November i, 1837. That nation ceded all their lands east of the Mississippi, and obligated themselves to remove, within eight months after the ratification of the treaty, to certain lands west of the river Mississippi which were conveyed to them by the treaty of September 21, 1832.

20. The Oneida or New York Indians, residing near Green Bay, by their chief and representative, on the 3d of February, 1838, at Washington City, ceded to the United States their title and interest in the land set apart by the treaty made with the Menomonees, May 8, 1831, and the treaty made with the same tribe, October 7, 1832, reserving about 62,000 acres.

21. Another treaty was made at Stockbridge on the 3d of September, 1839, by which the Stockbridge and Munsee tribes (New York Indians) ceded and relinquished to the United States the east half of the tract of 46,080 acres which was laid off for their use on the east side of Lake Winnebago by treaty of October 7, 1832

22. On the 4th of October, 1842, a treaty was made at La Pointe, on Lake Superior, with the Chippewas. All their lands in the northern and northwestern parts of Wisconsin were ceded to the United States.

23. The Menomonee nation, on the 18th of October, 1848, at Pow-aw-hay-kon-nay, ceded and relinquished to the United States all their lands in the state, wherever situated - the government to furnish the nation as a home, to be held as Indian lands are held, all the country ceded to the United States by the Chippewa nation August ;;, 1847, the consideration being the sum of $350,000, to be paid according to the stipulations of the treaty. A supplementary treaty was made on the 24th of November, 1848, with the Stockbridges - the tribe to sell and relinquish to the United States the township of land on the east side of Lake Winnebago, secured to said tribe by treaty of February 8, 1831.

24. A treaty was made with the Menomonee nation, at the falls of Wolf river, May 12, 1854, being a supplementary treaty to one made October 18, 1848. All the lands ceded to that nation under the treaty last named was ceded to the United States - the Menomonees to receive from the United States a tract of country lying on Wolf river, being townships 28, 29 and 30, of ranges^ 13, 14, 15, 16.

25. A treaty was made with the Chippewas of Lake Superior, at La Pointe, on the 30th of September, 1854. That nation ceded to the United States all lands before owned by them in common with the Chippewas of the Mississippi - lying in the vicinity of Lake Superior in Wis-

26. On the 5th of February, 1856, a treaty was held with the Stockbridge and Munsee tribes, at Stockbridge. All the remaining right and title to lands in the town of Stockbridge, possessed by them, was ceded to the United States ; and the said tribes were to receive in exchange a tract of land near the southern boundary of the Menomonee reservation, and by treaty made at Keshena, February 11, 1856, the Menomonees ceded two townships to locate the said tribes.

With this last treaty, the Indian title to all the lands of the present state of Wisconsin waa ceded to the United States government, except a few small reservations to certain tribes, and a perfect, indefeasible title obtained to all the territory within its borders.

In the region of country which is now the state of Wisconsin, the settlements in early times were, as before stated, near Green Bay and at Prairie du Chien. Soon after the organization of the Northwest territory, the subject of claims to private property therein received much attention. By an act of congress approved March 3, 1805, lands lying in the districts of Vincennes, Kaskaskia and Detroit, which were claimed by virtue of French or British grants, leg3,lly and fully executed, or by virtue of grants issued under the authority of any former act of congress by either of the governors of the Nol-thwest or Indiana territory, which had already been surveyed, were, if necessary, to be re-surveyed ; and persons claiming lands under these grants were to have until Noverliber i, 1805, to give notice of the same. Commissioners were to be appointed to examine, and report at the next session of congress. An act was also passed, approved April 25, 1806, to authorize the granting of patents for lands, according to government surveys that had been made, and to grant donation rights to certain claimants of land in the district of Detroit, and for other purposes Another act was approved May 11, 1820, reviving the powers of the commissioners for ascertaining and deciding on claims in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the territory of Michigan ; the commissioners to have power to examine and decide on claims filed with the register of the land ofifice, and not before acted on, in accordance with the laws respecting the same. The commissioners discharged the duties imposed on them, and in their report to congress in reference to the claims at Green Bay, they said that the antiquity of this settlement being, in their view, sufficiently established, and that they, being also satisfied that the Indian title must be considered to have been extinguished, decide favorably on the claims presented. About seventy-five titles were confirmed, and patents for the same were sent to the proper parties by the government. In relation to the Prairie du Chien titles, they reported " that they had met few difficulties in their investigations ; that, notwithstanding the high antiquity which may be claimed for the settlement of that place, no one perfect title founded on French or British grant, legally authenticated, had been successfully made out; and that but few deeds of any sort have been exhibited." This they attribute to the carelessness of the Canadians in respect to whatever concerned their land titles, and accords with whatever is known in this regard, of the French population throughout the country. They therefore came to the conclusion that whatever claim the people of the place possessed, and might have for a confirmation of their land titles, they must be founded upon proof of con tinued possession since the year 1796 The commissioners further say, that " since the ancestors, of these settlers were cut off, by the treaty which gave the Canadas to the English, from all intercourse with their parent country, the people both of Prairie du Chien and Green Bay have been left, until within a few years, quite isolated, almost without any government but their own; and, although the present population of these settlements are natives of the countries which they inhabit, and, consequently, are by birth citizens of the northwest, yet, until a few years, they have had as little political connection with its government as their ancestors had with the British. Ignorant of their civil rights, careless of their land titles, docility, habitual hospitality, cheerful

In reference to grants by the French and English governments, the commissioners say, they " have not had access to any public archives by which to ascertain with positive certainly, whether either the French or English ever effected a formal extinguishment of the Indian title at the mouth of the Wisconsin, which also may be said of the land now covered by the city of Detroit , that the French government was not accustomed to hold formal treaties for such purposes with the Indians, and when the lands have been actually procured from them, either by virtue of the assumed right of conquest, or by purchase, evidence of such acquisition is rather to be sought in the traditionary history of the country, or in the casual or scanty relations of travelers, than among collections of state papers. Tradition does recognize the fact of the extinguishment of the Indian title at Prairie du Chien by the old French government, before its surrender to the English; and by the same species of testimony, more positive because more recent, it is established also, that, in the year 1781, Patrick Sinclair, lieutenant governor of the province of Upper Canada, while the English government had jurisdiction over this country, made a formal purchase from the Indians of the lands comprehending the settlement of Prairie du Chien."

I The Northwest territory proper (1787-1800) having jurisdiction over all the lands referred to in the ordinance of 1787. In 1802, Ohio was organized as a state with its present boundaries.

Indiana terrritory was formed July 4, 1800, with the seat of government at Vincennes That territory was made to include all of the northwest, except what afterward became the state of Ohio.

3. Michigan territory was formed June 30, 1805. It was bounded on the south by a linedrawn east from the south bend of Lake Michigan, on the west by the center of Lake Michigan. It did not include what is now Wisconsin. The upper peninsula was annexed in r836. The state of Michigan was formed January 26, 1837, with its present boundaries.

4. Illinois territory was formed March 2, 1810. It included all of the Indiana territory west of the Wabash river and Vincennes, and a line running due north to the territorial line. All of Wisconsin was included therein, except what lay east of the line drawn north from Vincennes.

5. Indiana was admitted as a state April 19, 1816, including all the territory of Indiana territory, except a narrow strip east of the line of Vincennes, and west of Michigan territory, her western boundary.

6. Illinois was admitted as a state April 11, 1818. It included all of Illinois territory south of latitude 42° 30'. All of Wisconsin was added to Michigan territory. In the month of Octo-. ber of that year, the counties of Michilimackinac, Brown and Crawford were formed, comprising besides other territory, the whole of the present state of Wisconsin.

8. Wisconsin territory was formed April 20, 1836. The state was formed May 29, 1848. The territory of Wisconsin being a part of the Northwest territory claimed, and congress by direct action confirmed to her, all the rights and privileges secured by the ordinance of 1787, one of which was that congress should haveauthority to form one or two states in that part of the territory lying north of an east and west line, drawn through the southerly bend or extreme of Lake Michigan. Notwithstanding this plain provision of the ordinance, which is declared to be articles of compact between the original states and the people and states in the said territory, and forever to remain unalterable unless by consent ; yet congress, in establishing the boundaries of the state of Illinois, extended that state about sixty miles north of the line established by the ordinance. This action was claimed to be unjust and contrary to the spirit and letter of the compact with the original states. The legislative assembly of Wisconsin passed resolutions which were approved January 13, 184Q, that it was inexpedient for the people of the territory to form a constitution and state government until the southern boundary to which they are so justly entitled by the ordinance of 1787 shall be fully recognized by the parties of the original compact. Owing to various complications over which the territory had no control, her people never succeeded in obtaining from congress what they considered their just rights.

It was also contended by many, that the portion of country set off to Michigan on Lake Superior given as a compensation in part for the strip of land awarded to Ohio from her southern border, should also have constituted a portion of Wisconsin, especially as Michigan never made the least claim to it by her delegate in congress, who was decidedly opposed to the extension of Michigan beyond the limits of the lower peninsula.

The first survey of the public lands northwest of the Ohio river, was made pursuant to an act of congress approved May 20, 1785 The geographer of the confederation was diected to commence the survey of the government lands on the north side of the river Ohio - the first line running north and south, to begin on said river at a point that should be found to be due north from the western termination of a line which had been run as the southern boundary of the state of Pennsylvania ; the first line running east and west, to begin at the same point, and to extend through the whole territory. The survey comprised seven ranges, composing ten counties of the present state of Ohio. Other surveys followed when the Indian title was extinguished. Thomas Hutchins, who held the office of geographer, is believed to be the inventor of the mode of laying out land which was then introduced by him, and is still in general use by the government.

Soon after the government had acquired title to the Indian lands south of the Wisconsin river, the public authorities commenced a systematic survey of the lands, for the purpose of bringing the same into market at the earliest possible period.

The public lands in Wisconsin are, as elsewhere in the west, surveyed in uniform rectangular tracts, each six miles square, by lines running north and south, intersecting others running east and west. These townships are numbered from two lines called the principal meridian and the base line. The principal meridian by which the Wisconsin surveys are governed is that known as the fourth, and extends from the Illinois boundary line to Lake Superior, at the mouth of Montreal river, about two hundred and eighty-two miles. It divides Grant from LaFayette county, and passes through the eastern parts of Vernon, Monroe, Jackson, Clark, Chippewa, and Ashland counties. The base line separates Wisconsin from Illinois in north latitude forty-two degrees, thirty minutes. There are nearly seventeen hundred townships in the state. Each township is subdivided into thirty-six sections by lines running parallel to the sides of the township, one mile apart. A section is, therefore, one mile square, and contains six hundred and forty acres. In fractional townships, each section is numbered the same as the corresponding section in whole townships. Each section is subdivided into half-mile squares, called quarter-sections, each containing one hundred and sixty acres, and the subdivision is carried still further into half-quarter or quarter-quarter sections. It is found necessary to establish at stated intervals standard parallels, commonly called correction lines, to obviate the effect of the curvature of the earth's surface. The convergence in a single township is small, though quite perceptible, the actual excess in length of its south over its north line being in the state about three rods. The townships north of the base line, therefore, become narrower toward the north, and if continued for too great a distance, this narrowing would cause serious inconvenience. In the state of Wisconsin there are four of these correction lines. The first is sixty miles north of the base line, and accordingly runs between townships ten and eleven. The second is between townships twenty and twenty-one, and so on. They are usually sixty miles apart. On these parallels, which form new base lines, fresh measurements are made from the principal meridian, and the corners of new townships are fixed six miles apart as on the original base line. This method of procedure not only takes up the error due to convergency of meridians, but arrests that caused by want of precision in the surveys already made.

The northern or western sections of townships, which contain more or less than six hundred and forty acres, are called fractional sections, for the reason that the surplusage or deficiency arising from errors in surveying, and from other causes, is by law added to or deducted from the western or northern ranges of sections according as the error may be in running the lines from east to west, or from north to south.

As soon as the surveys were completed in southern Wisconsin and the Green Bay section, and a knowledge of the superior qualities of the land for agricultural purposes were known to the people, the emigration became large. In fact much land was taken possession of by settlers in advance of being surveyed and brought into market. As sooh as the land offices at Green Bay, Mineral Point, and Milwaukee were located, public announcement was made by the government, of the time of the sale, when the lands were put up to the highest bidder, and such as were unsold were afterward subject to private entry. The first sales were held at Green Bay and Mineral Point in the year 1835. The sale at Milwaukee was in 1836. From the reports of the general land office, it appears that from 1835 to 1845 inclusive, there were sold at the three land 'Offices from public sale, 2,9s8,S92-j*ij%- acres, amounting to $3,768,106.51.

Fort Howard military reservation was set apart by order of the [president March 2, 1829, -and comprised all the lands lying upon Fox river and Green bay, in township 24 north, range 20 east, 4th principal meridian, being about four thousand acres. The lands were abandoned for military purposes, by the war department, December 4, 1850. By an act of congress approved March 3, 1863, the commissioner of the general land office was authorized and directed to cause the reservation, including the site of the fort, containing three and four-hundredths acres, situated in the county of Brown, between Fox river and Beaver Dam run, and which is not included in the confirmations to T. C. Dousman and Daniel Whitney, nor in the grant to the state of Wisconsin, under resolutions of congress approved April 25, 1862, granting lands to Wisconsin to in the construction of railroads, to be surveyed and subdivided into lots not less than onefourth of an acre, and not more than forty acres, deducting such portions of the same as the public interest and convenience may require ; and when so surveyed and platted, to be sold separately at auction. On the loth of November, 1864, under directions of the commissioner, the lands were offered for sale at auction at the fort. About one-half of the lands were sold, and purchased by actual settlers, and but few for speculation. The fort and the lands contiguous sold for six thousand four hundred dollars. The other lands sold brought about the sum of nineteen thousand dollars.

That portion of the reservation unsold was to be subject to private entry at the appraised value, and that portion lying between Duck creek and Beaver Darn creek, was subject to entry other public lands were offered.

On the 20th of May, 1868, a joint resolution of congress was approved, by which the commissioner of the general land office was authorized and directed to cause a patent to be issued to the Chicago & Northwestern railroad company, in pursuance of a resolution passed by con- gress, granting the same to the state of Wisconsin, approved April 25,1862, and by act of the legislature approved June 16, 1862, granting the same to that company for eighty acres of land, as was .surveyed and approved by said commissioner June 11, 1864 The lands thus donated are now used by the railroad company for their depot grounds

The Fort Crawford military reservation was purchased from J H. Lockwood and James D. Doty by the government in the year 1829, and covered the front and main portions of farm lots numbered thirty-three and thirty-four, of the private land claims at Prairie du Chien, and comprised about one hundred and sixty acres. Fort Crawford was built on this tract in 1829, 1830 and 1 83 1. There was also a reservation of section eighteen, township seven, north of range four west, known as the Cattle Yard. This land was at the mouth of the Kickapoo river, and is now known as the village of Wauzeka. In addition to these lands which were located in Wisconsin, there was a reservation of lands lying on the west side of the Mississippi river, in Iowa. The lands in Wisconsin were relinquished by the secretary of war, January lo, 1851, and were originally set apart by the president of the United States, February 17, 1843.

In the month of April, 1857, the secretary of war authorized Hon H. M. Rice, of Minnesota, to sell that part of the reservation not improved, in tracts not exceeding forty acres each* and, in the month of June of that year, he sold at auction five hundred and seven acres of the reserve opposite Fort Crawford, none of which was claimed by actual settlers ; and in the month of December, 1857, he sold the remainder to claimants of lands, also on the west side, and the section in Wisconsin known as the Cattle Yard, amounting to 177^0- acres. A portion of this, reservation was subdivided into town lots, 80 by 140 feet, with streets 66 feet and alleys 20 feet wide November 17, 1864, the acting commissioner of the general land office, by order of the war department, offered for sale at public auction at La Crosse the reservation at Fort Crawford, which had been surveyed and subdivided into town lots, eighty by one hundred and forty feet, with streets sixty-five feet and alleys twenty feet wide, conforming to the plat of the village of Prairie du Chien. The lands unsold were subsequently opened to private entry and disposed of.

The lands of the Fort Winnebago reservation were set apart by order of the president, February 9, 1835, and consisted of the following teriitory; sections two, three, and that part of four lying east of Fox river, and fractional section nine, all in township twelve, north of range nine east , also fractional section thirty-three, in township thirteen, north of range nine east, lying west of Fox river, and the fraction of section four, township twelve north, of range nine east, lying west of claim numbered twenty-one of A. Grignon, and adjacent to Fort Winnebago, reserved by order of the president, July 29, 1851. the whole amounting to about four thousand acres. September the first, 1853, these lands were by order of the president offered for sale at public auction at the fort, by F. H. Masten, assistant quartermaster United States arniy> having previously been surveyed into forty acre lots, and were purchased by J. B. Martin, G. C. Tallman, W. H. Wells, Wm. Wier, N. H. Wood, M. .R. Keegan, and others.

The first land offices in Wisconsin were established under an act of congress approved June 26, 1834, creating additional land districts in the states of Illinois and Missouri, and in the territory north of the state of Illinois. The first section provides " that all that tract lying north of the state of Illinois, west of Lake Michigan, south and southeast of the Wisconsin and Fox rivers, included in the present territory of Michigan, shall be divided by a north and south line, drawn from the northern boundary of Illinois along the range of township line west of Fort Winnebago to the Wisconsin river, and to be called - the one on the west side, the Wisconsin land district, and that on the east side the Green Bay land district of the territory of Michigan, which two districts shall embrace the country north of said rivers when the Indian title shall be extinguished, and the Green Bay district may be divided so as to form two districts, when the president shall deem it proper ;" and by section three of said act, the president was authorized to appoint a register and receiver for such office, as soon as a sufficient number of townships are surveyed.

An act of congress, approved June 15, 1836, divided the Green Bay land district, as established in 1834, " by a line commencing on the western boundary of said district, and running thence east between townships ten and eleven north, to the line between ranges seventeen and eighteen east, thence north between said ranges of townships to the line between townships twelve and thirteen north, thence east between said townships twelve and thirteen to Lake Michigan ; and all the country bounded north by the division line here described, south by the base line, east by Lake Michigan, and west by the division line between ranges eight and nine east," to be constituted a separate district and known as the " Milwaukee land district." It included the present counties of Racine, Kenosha, Rock, Jefferson, Waukesha, Walworth and Milwaukee, and parts of Green, Dane, Washington, Ozaukee, Dodge and Columbia.

An act was approved March 3, 1847, creating an additional land district in the territory. All that portion of the public lands lying north and west of the following boundaries, formed a district to be known as the Chippewa land district : commencing at the Mississippi river on the line between townships twenty-two and twenty-three north, running thence east along said line to the fourth principal meridian, thence north along said meridian lin-e to the line dividing townships twenty-nine and thirty, thence east along such township line to the Wisconsin river, thence up the main channel of said river to the boundary line between the state of Michigan and the territory of Wisconsin. The counties now included in this district are Pepin, Clark, Eau Claire, Dunn, Pierce, St. Croix, Polk, Barron, Burnett, Douglas, Bayfield, Ashland, Taylor, Chippewa, and parts of Buffalo, Trempealeau and Jackson.

An act of congress, approved March 2, 1849, changed the location of the land office in the Chippewa district from the falls of St. Croix to Stillwater, in the county of St. Croix, in the proposed territory of Minnesota; and, by section two of the act, an additional land office and district was created, comprising all the lands in Wisconsin not included in the districts of land subject to sale at Green Bay, Milwaukee, or Mineral Point, which was to be known as the Western land district, and the president was authorized to designate the site where the office should be located. Willow River, now Hudson, was selected. The district was usually known as the St. Croix and Chippewa district, and included St. Croix, La Pointe, and parts of Chippewa and Marathon counties. By an act of congress, approved July 30, 1852, so much of the public lands in Wisconsin as lay within a boundary line commencing at the southwest corner of township fifteen, north of range two east of the fourth principal meridian, thence running due east to the southeast corner of township fifteen, north of range eleven, east of the fourth principal meridian, thence north along such range line to the north line of the state of Wisconsin, thence westwardly along said north line to the line between ranges one and two east of fourth principal meridian, thence south to the place of beginning, were formed into a new district, and known as the Stevens Point land district, and a land office located at that place.

The boundaries enclosed the present counties of Juneau, Adams, Marquette, Green Lake, Waushara, Waupaca, Portage, Wood, Marathon, Lincoln, and Shawano. By the same law, the La Crosse land district was formed of the following territory : " Commencing at a point where the line between townships ten and eleven north touches the Mississippi river, thence due east to the fourth principal meridian, thence north to the line between townships fourteen and fifteen north, thence east to the southeast corner of township fifteen north, of range one east of the fourth principal meridian, thence i)orth on the range line to the south line of township numberthirty-one north, thence west on the line between townships number thirty and thirty-one to the Chippewa river, thence down said river to its junction with the Mississippi river, thence down said river to the place of beginning." The present counties of Vernon, La Crosse, Monroe, Buffalo, Trempealeau, Eau Claire, Clark, and parts of Juneau and Chippewa were included in its limits.

By act of congress, approved February 24, 1855, an additional district was formed of all that portion cf the Willow river land district lying north of the line dividing townships forty and forty-one, to be called the Fond du Lac district - the office to be located by the president as he might from time to time direct. The present counties of Douglas, Bayfield, Ashland, and part of Burnett were included within its boundaries.

By an act of congress, approved March 3, 1857, so much of the districts of land subject to sale at La Crosse and Hudson, in the state of Wisconsin, contained in the following boundaries,, were constituted a new district, to be known as the Chippewa land district : North of the' line dividing townships twenty-four and twenty-five north; south of the line dividing townships forty and forty-one north ; west of the line dividing ranges one and two east ; and east of the linedividing ranges eleven and twelve west. The location of the office was to be designated by the president as the public interest might require. The present counties of Chippewa, Taylor, Eau Claire and Clark were in this district.

There are at the present time six land offices in the state. They are located at Menasha,, Falls of St. Croix, Wausau, La Crosse, Bayfield and Eau Claire. By the provisions of law, when the number of acres of land in any one district is reduced to one hundred thousand acres, sub^; ject to private entry, the secretary of the interior is required to discontinue the office, and the lands remaining unsold are transferred to the nearest land office, to be there subject to sale. The power of locating these oflSces rests with the president (unless otherwise directed by law), who is also authorized to change and re-establish the boundaries of land districts whenever, in his opinion, the public service will be subserved thereby.

The pre-emption law of 1830 was intended for the benefit of actual settlers against competition in open market with non-resident purchasers. It gave every person who cultivated any part of a quarter section the previous year, and occupied the tract at the date mentioned, the privilege of securing it by payment of the minimum price at any time before the day fixed for the commencement of the public sale. To avail himself of this provision ]ae was to file proof of cultivation and occupancy. As men frequently located claims in advance of the survey, it occasionally happened that two or more would find themselves upon the same quarter section in which case the pre-emption law permitted two joint occupants to divide the quarter sectionequally between them, whereupon each party received a certificate from the land office, authorizing him to locate an additional eighty acres, elsewhere in the same land district, not interfering with other settlers having the right of preference. This was called a floating right. This provision of the law was ingeniously perverted from its plain purpose in various ways.

As fast as these evasions came to the notice of the department, all certificates given tO' occupants of the same quarter section in excess of the two first, or to more than one member of' the same family, to employees, to any person who had not paid for eighty acres originally occupied, as well as those which were not located at the time of such payment, and the additional tract paid for before the public sale, were held to be worthless or fraudulent ; but a large number of these certificates had been issued, and passed into the hands of speculators and designing men, and were a source of almost endless vexation and annoyance to settlers. The law of 1830J expired by limitation in one year from its passage, but was revived by the law of 1834 for two years. In the interim no settler could obtain his land by pre-emption. The law of 1834 extended only to those who had made cultivation in 1833, consequently the settlers of later date were excluded from its benefits. Meanwhile the fraudulent floats were freely used to dispossess actual settlers as late as 1835.

The pre-emption law of congress, approved September 4, 1841, provided that every person, who should make a settlement in person on public land, and erect a dwelling, should be authorized to enter a quarter section (one hundred and sixty acres), at the minimum price (one dollar and twenty-five cents per acre), and thus secure the same against competition ; and if any person should settle upon and improve land subject to private entry, he might within thirty days give notice to the register of the land office of his intention to claim the land settled upon, and might within one year upon making proof of his right, enter the land at the minimum price.

At the public land sales at Mineral Point, held in 1835, all those- tracts on which lead was found, or on which it was supposed to exist, were reserved to the United States, and were leased under certain regulations by the government for a rent of ten per centum of all the lead raised. The quantity of land thus reserved was estimated at one million acres. Considerable difficulty was found in collecting these rents, and subsequently it was abandoned, as the amount expended in collecting exceeded the value of the lead collected. In the period of four years the government suffered a loss of over nineteen thousand dollars.

The act of congress, approved July ji, 1846, authorized the sale of the reserved mineral lands in Illinois, Wisconsin and Iowa, and provided that, after six months' public notice, the lands should not be subject to the rights of pre-emption until after the same had been off'ered at public sale, when they should be subject to private entry. The law also provided, that, upon satisfactory proof being made to the register and receiver of the proper land office, any tract or tracts of land containing a mine or mines of lead ore actually discovered and being worked, would be sold in such legal subdivisions as would include lead mines, and no bid should be received therefor at less than the sum of two dollars and fifty cents per acre, and if such tract or tracts should not be sold at such public sale, at such price, nor should be entered at private sale within twelve months thereafter, the same should be subject to sale as other lands. This act was changed by an act approved March 3, 1847, providing that any one being in possession by actual occupancy of a mine discovered prior to the passage of this act, who should pay the same rents as those who held leases from the secretary of war, should be entitled to purchase the lands prior to the day of sale at five dollars per acre. Mineral lands were to be offered for sale in forty acre pieces, and no bids were to be received less than five dollars per acre, and if not sold they were then to be subject to private entry at the same price. In 1847 or 1848 the reserved mineral lands were sold at public sale at Mineral Point at two dollars and fifty cents per acre, and they were all disposed of at that price.

Soon after the formation of Wisconsin territory, an act was passed by its legislature, approved January 5, 1838, incorporating the Milwaukee and Rock river canal company, and by an act of congress approved June 18 of the same year, a grant of land was made to aid in the construction of the canal. The grant consisted of the odd-numbered sections on a belt of ten miles in width from Lake Michigan to Rock river, amounting to 139,190 acres. Of those lands 43,447 acres were sold at public sale in July, 1839, at the minimum price of two dollars and fifty cents per acre. Work was commenced on the canal at Milwaukee, and the Milwaukee river for a short distance from its outlet was improved by the construction of a dam across the river, which was made available for manufacturing and other purposes. A canal was also built about a mile in length and forty feet wide, leading from it down on the west bank of the river. Much dissatisfaction subsequently arose ; the purchasers at this sale, and others occupying these canal and reserved lands felt the injustice of being compelled to pay double price for their lands, and efforts were made to repeal all laws authorizing further sales, and to ask congress to repeal the act making the grant. The legislation on the subject of this grant is voluminous. In 1862 the legislature of the state passed an -act to ascertain and settle the liabilities, if any, of Wisconsin and the company, and a board of commissioners was appointed for that purpose. At the session of the legislature in 1863, the committee made a report with a lengthy opinion of the attorney-general of the state. The views of that officer were, that the company had no valid claims for damages against the state. In this opinion the commissioners concurred. On the 23d of March, 1875, an act was approved by the governor, giving authority to the attorney-general to discharge and release of record any mortgage before executed to the late territory of Wisconsin, given to secure the purchase money or any part thereof of any lands granted by congress to aid in the construction of this canal. The quantity of lands unsold was subsequently made a part of the 500,000 acre tract granted by congress for school purposes. It is believed the whole matter is now closed against further legislative enactments.

The next, grant of lands made by congress lor internal improvements in Wisconsin, was one approved August 8, 1846, entitled "an act to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by canal." By this act there was granted to Wisconsin on her becoming a state, for improving the navigation of the above-named streams, and constructing the canal to unite the same, a quantity of land equal to one-half of three sections in width on each side of Fox river, and the lakes through which it passes from its mouth to the point where the portage canal should enter the same, and each side of the canal from one stream to the other, reserving the alternate sections to the United States with certain provisions in relation thereto. On the 3d of August, 1854, an act of congress was approved, authorizing the governor of Wisconsin to select the balance of lands to which the state was entitled founder the provisions of the act of 1846, out of any unsold government lands subject to private entry in the state, the quantity to be ascertained upon the principles which governed the final adjustment of the grant to the state of Indiana, for the Wabash and Erie canal, approved May 9, 1848. In the years 1854 and 1855, acts of congress were passed, defining and enlarging the grant. Under the grants of 1846, 1854 and 1855, the number of acres donated for this purpose and certified to the state, was 674,100.

After the admission of Wisconsin into the Union, by an act of its legislature, approved August 8, 1848, a board of public works was created, through which the work of improving the said rivers, by the application thereto of the proceeds of the sale of the lands granted by congress, was undertaken by the state.

It soon became apparent that the moneys realized from the sale of lands were insufficient to meet the obligations of the state issued by its board of public works as they became due ; and in 1853 the work was turned over to the Fox and Wisconsin Improvement company, a corporation created under an act of the legislature of Wisconsin approved July 6, 1853. In 1856, by an act of the legislature of Wisconsin, approved October 3, 1856, the lands granted by congress then unsold were granted by the state, through the said company, to trustees, with power to sell, and to hold the proceeds in trust for the payment of state indebtedness, the completion of the work, thereafter for the payment of bonds issued by the said company, and the balance, if any, for the company itself.

In February, 1866, the trustees, in execution of the powers contained in the deed of trust made to them, and pursuant to a judgment of the circuit court of Fond du Lac county, sold at public sale at Appleton, Wisconsin, the works of improvement and the balance of lands granted lay congress then unsold, and applied the proceeds to the purposes expressed in the deed of trust. The proceeds were sufficient to pay in full the expenses of the trust, the then outstanding state indebtedness, and to provide a fund sufficient to complete the work according to the plan specified in the act approved October 3, 1856.

Under an act of the legislature of Wisconsin ;pproved April 13, 1861, and the acts amendatory thereof, the purchasers at said sale, on the 15th day of August, 1866, filed their certificate in the office of the secretary of state, and thereby became incorporated as the Green Bay and Mississippi canal company, holdings as such company, the said works of improvement.

At a subsequent date, under instructions from the engineer department of the United States, the surveys of the Fox and Wisconsin rivers were placed in the charge of General G. K. Warren, and by act of congress approved July 7, 1870, the secretary of war was authorized to appoint a board of arbitrators to ascertain how much the government should pay to the successors of the Improvement company, the Green Bay and Mississippi canal company, for the transfer of all its property and rights; and by a subsequent act, approved June 10, 1872, an appropriation was made therefor.

The legislation on matters connected with the Fox and Wisconsm river improvement would make a chapter of itself. The work is now in charge of the government, and will be prosecuted to completion in a satii;factory manner.

On the 29th of May, 1848, an act was approved by the president "to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union," by which certain propositions were to be submitted to the convention which were to be acted upon, and subsequently submitted to the people for their approval. The first constitutional convention was held in October, 1846, and, having framed a constitution, it was submitted to a vote of the people at the election in 1847, and it was rejected. The second met December 15, 1847, and, having formed a constitution, it was adopted by the people at the election in 1848. The following are the propositions proposed by congress :

1. That section sixteen numbered in every township of the public lands of said state, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may%e, shall be granted to the said state for the use of schools.

2. That seventy-two sections, or two entire townships, of land set apart and reserved for the use and support of a university by act of congress approved June 12, 1838, are hereby granted conveyed to the state, to be appropriated solely to the use and support of such university in such manner as the legislature may prescribe.

3. That ten entire sections of land to be selecrted and located under the direction of the legislature, in legal subdivisions of not less than one quarter of a section from any of the unappropriated lands belonging to the United States within the state are granted to the state for the public buildings, or for the erection of others at the seat of government, under the direction of the legislature.

4. That all salt-springs within the state, not exceeding twelve in number, shall be granted to the state, to be selected by the legislature, and when selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct.

The title to all lands and other property which accrued to the territory of Wisconsin by grant, gift, purchase, forfeiture, escheat, or otherwise, were, by the provisions of the constitution of the state, vested in the state ; and the people of the state, in their right of sovereignty, were declared to possess the ultimate property in and to all lands within its jurisdiction ; and all lands, the title of which shall fail from a defect of heirs, shall revert or escheat to the people.

grant relative to the Fox and Wisconsin river improvement, and the lands reserved to the United States by said grant, and also the grant to the territory of Wisconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock river, were to be offered for sale at the same minimum price, and subject to the same rights of pre-emption as other public lands of the United States.

By the provisions of the state constitution, the secretary of state, the state treasurer and attorney-general, were constituted a board of commissioners for the sale of the school and university lands, and for the investment of the funds arising therefrom. In the year 1850 the commissioners put into market, for the first time, the school lands which had been donated to the state. The total quantity of lands offered was 148,021, 44-100 acres, which sold for the sum of $444,265.19.

By an act of congress, approved September 4, 1841, there were granted to the state 500,000. acres of land, which were, by act of the territorial legislature of 1849, appropriated to the school fund, and the unsold lands of the Milwaukee and Rock river canal company, amounting to about 140,000 acres, were to be included as a part of the above grant. These lands, and the sixteenth section of each township, make up the whole of the school lands of the state. The whole number of acres sold up to the year 1877 is 1,243,984 acres, and there remain unsold, subject to entry, 2r6,oi6 acres.

The state university land grant was made in 1838, and seventy-two secticms set apart and reserved. The lands were selected in 184.5 ^id 1846. On the 15th of December, 1854, an act of congress was approved, relinquishing to the state the lands reserved for the salt-springs, and seventy-two sections were granted in lieu thereof, in aid of the university of the state The number of acres amounts to 92,160, all of which have been sold except 4,407 acres, which are subject to entry. Under the re-organization and enlargement of the university, under provisions of chapter ri4, of general laws of 1866, section thirteen provides, among other things, that the income of a fund to be derived from the sales of the two hundred and forty thousand acies^ granted by congress by act approved July 2, 1862, entitled : "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts," be devoted to the state university, and the funds arising therefrom to be known as the " agricultural college fund." All of the grant of lands have been sold except 51,635 acres. The quantity of lands donated by act of congress August 6, 1846, for the purpose of completing overecting public buildings at the seat of government, known as "Capitol Lands," amounted ta ten entire sections, or six thousand four hundred acres. A grant of lands was made to the state' by act of congress, approved September 28, 1850, of all the swamp and overflowed lands within its limits. The total number of acres of this grant, as certified to the state from the government, to the year r877, is 1,869,677.

A grant of land was made by congress, approved March 3, 1863, for the construction of a military road from Fort Wilkins, Michigan, to Fort Howard, Wisconsin, of every alternate section of public lands, designated by even numbers for three sections in width on each side of said road, and subject to the disposal of the legislature. In 1865 sales of land were made to the number of 85,961.89 acres, which realized the sum of $114,856.54.

An act of congress was approved June 25, 1864, granting lands to the state to build a military road from Wausau, Wisconsin, to Ontonagon, on Lake Superior, of every alternate section of land .designated as odd sections, for three sections in width on each side of the road. The grant was accepted by the state by law, approved April 10, 1865.

An act was also passed by congress, approved April 10, 1866, granting to the state of Wisconsin a donation of public lands to aid in the construction of a breakwater and harbor and ship.

canal at the head of Sturgeon bay, Wis., to connect the waters of Green bay with Lake Midiigau, The grant was for 200,000 acres of land. The grant was accepted by the legislature of 1868, In 1874, thesamebody by resolution transferred to the Sturgeon bayandLake Michigan ship canal and harbor company 32,342 acres, and the remaining portion was authorized to be sold fox agricultui-al purposes by said company.

The first railroad grant in Wisconsin was by act of congress, approved June 3, 185.6, hy the first section of which there was granted to the state, for the purpose of aiding in of a railroad from Madison or Columbus, by the way of Portage City, to the St. Croix jii'er or lake, between townships twenty-five and thirty-one, and from thence to the west end of Lake Superior and to Bayfield ; and from Fond du Lac, on Lake Winnebago, northerly to the state line, every alternate section of land designated by odd numbers, for six sections in width on each side of said roads, respectively; the land to be applied exclusively in the construction of sai-d roads, and to no other purpose whatever, and subject to the disposal of the legislature, amd .tiie same shall remain public highways for the " use of the government, free from toll and other charges upon the transportation of property or troops of the United States, with other conditiMLS as t© the disposal of said lands.

The grant was accepted by the legislature by an act approved October 8, 1856, and on the nth of the same month an act was approved granting a portion of the lands to the La Crosse & Mississippi railroad company, who were to carry out all the requirements of the origiaal grant. A supplementary act was approved the same session, October 13, incorporating the Wiscomsin & Superior railroad, which company was required to commence the construction of their road on or before January i, 1857, and to complete the same to Oshkosh before August i, 1858. Of this land grant John W. Cary says: "That portion of the grant given to aid in the constractaon of a railroad northerly to the state line was conferred on the Wisconsin & Superior railroad oompany. This company was organized in the interest of the Chicago, St. Paul & Fond du La>c railroad company, and that part of the grant was transferred to it. The road was, in 1859, extended to Oshkosh, and thence to Menasha, and finally to Green Bay. In the panic of 1857, tlie company failed to meet its obligations, but was afterward enabled to go on, and continued in poss-essioB until June 2, 1859, when its road was sold on the foreclosures of the mortgages given thereon J and on the sixth of the same month the present Chicago & Northwestern railroad company was organized under the statute, by purchasers at said sale, and took possession."

A large portion of the original grant was given for the construction of a road from Madisoa or Columbus to the St. Croix river, as before stated. The La Crosse company, during the years and 1858, completed its main line to La Crosse; the Watertown line, from Watertown to Columbus, and partially graded the line from Madison to Portage City. Neither it nor its successors ever received afiy part of the lands of the land grant.

In 1856 and 1857, the La Crosse & Milwaukee railroad graded most of the line from Madison to Portage. After the failure of the company, this line was abandoned, and so remained until 1870, when a new company was organized, under the name of the Madison & Portage City railroad company. In 1873, an act was passed chartering the Tomah & Lake St. Croix railroad company, and repealing and annulling that portion of the land grant which bestowed the. lands from Tomah to Lake St. Croix upon the La Crosse company, and bestowing the same upon the company chartered by this act. This road is known as the West Wisconsin railroad.

An act of congress was approved May 5, 1864, granting lands to aid in the constructjoa of certain roads in the state. This was a re-enactment of the law of 1856, and divided tke grant in three sections, one of which was for a road from a point on the St. Croix river or lake, between townships twenty-five and thirty-one, to the west end of Lake Superior, and from some point on the line of said road, to be selected by the state, to Bayfield - every alternate section designated by odd numbers, for ten sections in width on each side of said road, with an indemnity extending twenty rniles on each side, was granted, under certain regulations ; another, for aiding in building a road from Tomah to the St. Croix river, between townships twenty-five and thirty-one - every alternate section by odd numbers, for ten sections in width on each side of the road ; another for aiding and constructing a railroad from Portage City, Berlin, Doty's Island, or Fond du Lac, as the legislature may determine, in a northwestern direction, to Bayfield, on Lake Superior, and a grant of every alternate section designated by odd numbers, for ten sections in width on each side of said road, was donated.

The legislature of 1865 failed to agree upon a disposition of the grant. The succeeding legislature conferred the grant partly upon the "Winnebago & Lake Superior Railroad Company," and partly upon the " Portage & Superior Railroad Company," the former April 6, 1866, and the latter April 9, 1866. The two companies were consoHdated, under the name of the "Portage, Winnebago & Superior Railroad," by act of the legislature, March 6, 1869, and by act of legislature approved February 4, 1871, the name was changed to the "Wisconsin Central Railroad."

Health Of Wisconsin

An article on state health, necessarily embracing the etiology, or causes of disease, involves the discussion of the geographical position of the state ; its area, physical features ; its elevations, depressions; water supply; drainage; its mean level above the sea; its geology; climatology; the nationality of its people ; their occupations, habits, food, education ; and, indeed, of all the physical, moral and mental influences which aifect the public health.

The geographical position of Wisconsin, considered in relation to health, conveys an immediate and favorable impression, which is at once confirmed by a reference to the statistical atlas of the United States. On its north it is bounded by Lake Superior, Minnesota, and the northern peninsula of Michigan; on the south by Illinois ; on the east by Lake Michigan, and on the west by the Mississippi. It hes between 42° 30' and 46° 55' N. latitude, and between 87° and <)2" 50' W. long.; is 285 miles long from north to south, and 255 in breadth from east to west, giving it an area of some 53,924 square miles, or 34,511,360 acres. Its natural surface divisions, or proportions, are 16 per cent, of prairie, 50 of timber, 19 of openings, 15 of marsh, mineral undefined. North of 45 " the surface is nearly covered with vast forests of pine. The proportion of the state cultivated is nearly one-sixth.

Among these, its lacustrine character is most conspicuous, so much so that it may not inaptly be called the state of a thousand lakes, its smaller ones being almost universal and innumerable.

It has an almost artificially perfect arrangement of its larger rivers, both for supply and drainage, is rolling in its surface, having several dividing ridges or water sheds, and varies from 600 to 1,600 feet above the level of the sea, Blue Mounds being 1,729 feet above sea level. Its pine and thickly wooded lands are being rapidly denuded, and to some extent converted to agricultural purposes ; its marshes in the north are being reclaimed for cranberry cultivation, and in the more thickly settled parts of the state for hay purposes. The surface of the state is beautifully diversified with stream, waterfall and rapids ; richly wooded bluffs several hundred feet in height, assuming the most romantic and pleasing forms, and composed of sandstone, magnesian limestone, granite, trap, etc. The health and summer resorts of Wisconsin are illustrative of its beauty, and its numerous mineral springs have long since formed an important feature of its character for salubrity.

The geology of Wisconsin does not require from us but a very general notice, as it is only from its relation to disease that we have to consider it. This relation is in a measure apparent in the fact that everywhere the topographical features are governed by the strata below them. The relationship will be seen still further in the chemical or sanitary influence of the geological structures. Through the greater part of the south half of the state limestone is found, the cliff prevailing in the mineral region, and the blue in the other parts; while in the north part of the state the primitive rocks, granite, slate, and sandstone prevail. South of the Wisconsin river sandstone in layers of limestone, forming the most picturesque bluffs, abounds. While west of Lake Michigan extends up to these rocks the limestone formation, being rich in timber or prairie land. Sandstone is found underneath the blue limestone. The general dip of the stratified rocks of the state is toward the south, about 8 feet io the mile.

Medical geology treats of geology so far only as it affects health. Thus, some diluvial soils and sands are known to be productive of malarial fevers ; others, of a clayey character, retaining water, are productive of cold damp, and give rise to pulmonary and inflammatory diseases ; while others still, being very porous, are promotive of a dry and equable atmosphere. In the Potsdam rocks arise our purest waters and best supply, while our magnesian limestone rocks (a good quality of this kind of rock being composed of nearly equal parts of carbonate of lime and carbonate of magnesia) affect the water to the extent of producing simple diarrhoea in those unaccustomed to drinking it, as is observed in southern visitors, and was especially noticeable in the rebel prisoners at Camp Randall, though singularly enough do not seem to produce stone and gravel, as is alleged of the same kind of water in the north of England. Why this is so - if so - is a question of some interest. Goitre and cretinism are both attributed to the use of the same magnesian limestone water. Goitre is by no means an uncommon affection here, but not common enough, perhaps, to warrant us in thinking its special cause is in the water. Boiling the water is a preventive of all injurious effects. There is still another objection - ^particularly applicable to cities - to this kind of water, the carbonates of lime and magnesia which it contains, not simply making it hard, but giving it the power to promote the decomposition of organic matters, and thus where the soil is sandy or porous, endangering the purity of our wellwater. Geology in general affects all our soils and their products ; all our drainage ; even our architecture, the material with which we build. Our building stone for half of the state is a magnesian limestone, a rather soft or poor quality of which will absorb one-third of its bulk of water, or two and a half gallons to the cubic foot, while most kinds of sandstone are nearly as porous as loose sand, and in some of them the penetrability for air and water is the same. (A single brick of poor quality will absorb a pint of water). Such materials used in the construction of our dwBlTmgs, without precautionary measures, give rise to rheumatism, other grave diseases," and loss of strength. Besides, this character of stone absorbs readily all kinds of liquid and gaseoHS impurities, and though hardening in dry air, decays soon when exposed to underground moisture. The material of which our roads are made, as well as the kind of fuel we use in our homes, have the same unquestionable relationship to geology and disease.

The natural drainage of the state, bearing in mind that the mean elevation of its hydrographical axis is about 1,000 feet above the sea level, is as excellent as it is obvious. (A line nnming from Lake Michigan across the state to the Mississippi, shows an elevation of about 500 feet). North its drainage is by a few rapid but insignificant streams into Lake Superior, while east it increases greatly and enters Lake Michigan by way of Green bay. The principal part of the supply and drainage, however, is from the extreme north to the southwest through the center of the state, by five large rivers, which empty themselves into the Mississippi at almost equal distances from each other.

The climatology of Wisconsin will be exhibited in the observations taken at different times, for longer or shorter periods, and at different points of the state. But it must be borne in mind that climate depends quite as much and very frequently , more upon the physical surroundings, upon the presence of large bodies of water, like our lakes, upon large forests, like our pineries, like our heavy hard-woods, and of land elevations and depressions, upon isothermal lines, etc., as it does upon latitude. Our historic period is of a character too brief for us to assume to speak of our climate, or of all the changing causes which influence it - in a positive manner, our horticultural writers, to make the difficulty still greater, affirming that it has several climates within itself] still,, sufficient data have been gathered from sufficiently reliable sources to enable us to form a tolerably accurate idea of the subject.

The great modifiers of our climate are our lakes. These, bounding as they do, the one, Lake Superior (600 feet above the level of the sea, 420 miles long and 160 broad), on the north side of the state, and the other. Lake Michigan (578 feet above the sea level, 320 miles long and 84 broad), on the east side of the state, serve to govern the range of the thermometer and the mean teraperature of the seasons, as much as they are governed in New England by the ocean. Our climate is consequently very much like that of the New England sea-board. They both exhibit the same extremes and great extremes, have the same broadly marked continental features at some seasons, and decided tropical features at others. It is of special interest in this connection to know that the climate between the eastern coast and the lakes increases in rigor as one advances west until the lakes are reached, and again becomes still more rigorous as one advances into the interior west of the lakes, thus affording proof, if proof were wanting, of the modifying and agreeable influences of large bodies of water

During the winter the mean temperature of the east on the New England coast is 8.38 higher than the west (beyond the lakes) ; during the spring 3.53 lower; during the summer 6.99 lower; and during the autumn 1.54 higher. In the mean temperature for the year there is but a fractiorfal difference. That the winters are less rigorous and the summers more temperate on the Great Lakes is demonstrated to be owing not to elevation, but, as on the ocean, to the equalizing agency of an expanse of water.

Health Of Wiscoxsin', 233

tloudy days are as 127 to 73; the rainy as 63 to 46 , and the snowy as 45 to 29 In the former the prevailing weather is cloudy, and in the latter it is fair. The immense forests on the upper lake shores of course exercise a considerable influence in the modification of our temperature, as well as in the adding to our rain-fall and cloudy days. A climate of this character, with its attendant rains, gives us that with which we are so abundantly supplied, great variety of food, both for man and beast, the choicest kintis of fruits and vegetables m the greatest profusion, and nf the best quality, streams alive with fish, woods and prairies with game, the noblest trees, the most exquisite flowers, and the best breeds of domestic animals the world can boast of.

The semi-tropical character of our summer, and its resemblance to that of New England, is shown by the mean temperature - 70'-' - for three months at Salem, Massachusetts, at Albany, New York, at southern Wisconsin, Fort Snelling and Fort Benton on the Upper Missouri, being ihe same ; while at Baltimore, Cincinnati and St. Louis, it is 75", and around the gulf of Mexico it is 80". Another feature of our climate is worthy the notice of invalids and of those who make Ihe thermometer their guide for r.omfoit. It is a well-ascertained fact that during the colder seasons the lake country is not only relatively, but positively, warmer than places far south of it. The thermometer, during the severe cold of January, 1856, did not fall so low at the coldest, by 10'' to 15° at Lake Superior as at Chicago at the same time. This remark holds true of the changes of all periods of duration, even if continued over a month. The mean temperature at Fort Howard, Green Bay, Wisconsin, 600 feet above the level of the Atlantic, latitude 44" 40', longitude 87°, observations for nine years, is 44.93; and at Fort Crawford, Prairie du Chien, Wisconsin, 580 feet above the level of the Atlantic, latitude 43° 3', longitude 90" 53', observations for four years, is 45.65, giving a just idea of our mean temperature for the state. Under the head of distribution of heat in winter, it is found that the maximum winter range at Fort Winnebago, Wisconsin, for sixteen years, is 9.4.

Wisconsin is situated within what is termed the area of constant precipitation, neither affected by a rainy season, nor by a partial dry season. The annual quantity of rain on an average for three years at Fort Crawford, was 29.54 inches, and at Fort Howard the mean annual on an -average of four years, was 38.83 inches. The annvial quantity of rain, on an average of three years was 31.88 inches at Fort ^^'innebago, situate (opposite the portage between the Fox and Wisconsin rivers) 80 miles west of Lake Michigan and 112 miles southwest of Green Bay. The rain-fall is less in the lake district than in the valley of the Mississippi in the same latitudes. One of the peculiarities of our winters is the almost periodical rain-fall of a few days in the middle of the winter (usually in the middle of January), which extends to the Atlantic coast, while north and northwest of us the dry cold continues without a break, winter being uniform and severe, characterized by aridity and steady low temperature. Another peculiarity of our climate is, the number of snowy and rainy days is increased disproportionately to the actual quantity - the large bodies of water on the boundaries of the state, contrary to the popular opinion, reducing the annual quantity of rain in their immediate vicinity instead of adding to it, the heavier precipitation being carried further away. One of the most pleasing features of our climate is its frequent succession of showers in summer, tempering as it does our semi-tropical heat, increasing the fertility of the soil, and carpeting our prairies with a green as grateful to the eye as that of England.

The average depth of snow for three years, at Beloit, Wisconsin, was twenty-five inches,, while at Oxford county, Maine, the average for twelve years was ninety inches. The isohyetal lines of the mean precipitation of rain and melted snow, for the year 1872, show that of Wisconsin to be thirty-two.

The mean temperature of spring is represented by the isotherm of 45" F. which enters Wisconsin from the west about forty miles south of Hudson, passing in a nearly southeast direction, and crosses the south line of the state near the west line of Walworth county. It then passes nearly around the head of Lake Michigan, then northeast until it reaches the latitude of Milwaukee, whence it passes in a somewhat irregular course east through Ontario, New York, and Massa-- chusetts, entering the ocean in the vicinity of Boston. The summer mean isotherm of 70° F, enters Wisconsin from the west but little farther north than the spring isotherm, and passes through the state nearly parallel with the course of that line, crossing the southern boundary near the east line of Walworth county ; passing through Chicago it goes in a direction a little south of east, and enters the Atlantic at New Haven. The mean isotherm of 47° F. for autumn, enters the state about twenty miles north of Prairie du Chien, passing in a direction a little north of east through Portage, and enters Lake Michigan near Manitowoc. The isotherm of 20° F, representing the mean temperature of winter, enters the state near Prairie du Chien, passes east and north and enters Lake Michigan at Sturgeon bay. The annual mean temperature is repre^ sented by the isotherm of 45" F. which enters the state near Prairie du Chien, passes across the, state in a direction a little south of east, and enters Lake Michigan a little south of Milwaukee..

What influence these isotherms have upon our belts of disease there are no data to show. But from their influence upon vegetable life, one can not but infer a similar good influence on the animal economy. This is a question for the future.

Atmospheric pressure, as indicated by the barometer, is an important element in the causation of disease, far more so than is generally thought. The barometer indicates not only the coming of the storm, but that state of the atmosphere which gives rise to health at one time, and to disease at another. When the barometer is high, both the. body and mind have a feeling of elasticity, of vigor and activity, and when the barometer ranges low, the feelings of both are just the reverse ; and both of these states, commonly attributed to temperature, are mostly the result of change in the barometric pressure. Many inflammations, as of the lungs, etc., commonly

Generally speaking, the atmospheric movement is from the west. It is of little purposewhat the surface wind may be, as this does not affect the fact of the constancy of the westerl)'- winds in the middle latitudes. The showers and cumulus clouds of the summer always have this movement. The belt of westerly winds is the belt of constant and equally distributed rains, the feature of our winds upon which so much of our health and comfort depends.

There are many theories afloat concerning the effects of reclaiming the soil and the destruc^. tion of its forests. To us, a new people and a new state, the question is one of great moment^ the more so that it is still in our power not only to watch the effects of such changes, but still more so to control them in a measure for our good. As to the effects upon animal and vegetable life, it would appear that so far as relates to the clearing away of forests, the whole change of conditions is limited to the surface, and dependent for the most part on the retention and slow evaporation in the forest, in contrast with the rapid drainage and evaporation in the open space. The springs, diminishing in number and volume in our more settled parts of the state, do not indicate a lessening rain-fall. It is a well ascertained fact that in other places so denuded, which have been allowed to cover themselves again with forests, the springs reappear, and the streams are as full as before such denudation. With us, happily, while the destruction of forests is going on in various parts of the state, their second growth is also going on, both in the pineries, where new varieties of hard-wood take the place of the pine, and in the more cultivated parts of th& state, cultivation forbidding, as it does, the practice so much in vogue some years ago, of running fires through the undergrowth. Thus, though the renewal of forests may not be keeping pace with their destruction, it would seem clear that as time advances, the springs and streams in the more cultivated sections of the state will fill and flow again, increasing in proportion as the second growth increases and expands.

The change, however, from denudation, though strictly limited to the surface, affects thfr surface in other ways than simply in the retention and evaporation of rain. When the winter winds are blowing, the want of the sheltering protection of belts of trees is bitterly felt, both by man and beast. And so, too, in the almost tropical heats of the summer ; both languish and suffer from the want of shade. Nor is the effect of denudation less sensibly felt by vegetable life. Th& growing of our more delicate fruits, like the peach, the plum, the pear, the better varieties of the cherry and gooseberry, with the beautiful half-hardy flowering shrubs, all of which flourished so. well in a number of our older counties some twenty years ago, are as a rule no longer to be found in those localities, having died out, as is believed, from exposure to the cold winds, to the south west winds in particular, and for want of the protecting influence of the woods. In fruits, how ever, we have this compensation, that, while the more tender varieties have been disappearing, the hardier and equally good varieties, especially of apples, have been increasing, while the grape (than which nothing speaks better for climatology), of which we grow some 150 varieties, the strawberry, the raspberry, blackberry and currant, etc., hold their ground. Nor are the cattle suffering as much as formerly, or as much as is perhaps popularly believed, from this want of forests or tree shelter. With the better breeds which our farmers have been able of late years to purchase, with better blood and better food, and better care, our stock instead of dwindling in condition, or in number, from the effect of cold, has progressed in quality and quantity, and competes with the best in the Chicago and the New York markets.

Htstoey Of Wisconsin

There can, however, be no doubt that the planting of groves and belts of trees in exposed localities, would be serviceable in many ways ; in tempering the air and imparting to it an agreeable moisture in the summer ; in modifying the severity of the cold in winter ; in moderating the extreme changes to which our climate is subject; and thus in a measure preventing those tiiscomforts and diseases which occur from sudden changes of temperature. Besides, these plantings, when made between our homes or villages and malarial marshes southwest of us, serve (by the aid of our prevailing southwest winds) to break up, to send over and above and beyond the malarial substratum of air to which we are otherwise injuriously exposed.