Trempealeau County, Wisconsin - Chapter 4: Governmental Jurisdiction, 1917

Jurisdiction over Trempealeau County has been claimed by four nations, Spain, France, England and the United States ; by the French and English colonial authorities ; by the territorial officials of the Northwest Territory and of the Territories of Indiana, Illinois, Michigan and Wisconsin ; and by the officers of the counties of Crawford, La Crosse, Chippewa, Jackson and Buffalo.

Spain, by virtue of the discoveries of Columbus and others, confirmed to her by Papal grant (that of Alexander VI, May 4, 1493), may be said to have been the first European owner of the entire valley of the Mississippi river, but she never used this claim as a ground for taking actual possession of this part of her domains other than was incidentally involved in De Soto's doings. The name of Florida was first applied to the greater part of the eastern half of North America, commencing at the Gulf of Mexico, and proceeding northward indefinitely.

England, basing her claims on the explorations made by her subjects along the Atlantic coast, issued to various individuals and "companies," charters to vast tracts of land extending from the Atlantic westward.

Practically, however, the upper Mississippi Valley may be considered as having been in the first place Canadian soil, for it was Frenchmen from Canada, who first visited it and traded with its natives. The names of Canada and New France were used interchangeably to apply to the vast French possessions of the American continent. The name, Louisiana, was invented by La Salle and appUed by him to the entire Mississippi VaUey. But generally speaking, the Canada or New France of the eighteenth century took in the upper Mississippi Valley, while the name Louisiana was used for the lower valley. .

At the close of the great European conflict which found its echo in the so-caUed French and Indian War in America, the area that is now Wisconsin, became by the Treaty of Paris, signed February 10, 1763 (a preliminary treaty having been signed at Fontainebleau, November 3, 1762) ,

The success of the American Revolution, resulting m the Treaty ot Paris = September 3, 1783, revived the claims of the coast States; but finally these' claims were ceded to the Federal government, in order to form a national domain from which to create new States and Territories.^ The land having been acquired by the Federal authority, many P ^ns were proposed for its government. Thomas Jefferson suggested that the tern ory be divided into ten States, of which the State of Michigania was to include eration (the Constitution of the United States not being adopted until September 17, 1787) by the "Northwest Ordinance," passed July 13, 1787.'' Eventually there were formed from the Northwest Territory, in addition to Ohio," the Territories of Indiana' (May 7, 1800), Michigan* (January 11, 1805), Illinois" (February 3, 1809) and Wisconsin'" (April 20, 1836). Wisconsin was a part of the Northwest Territory from July 13, 1787 to May 7, 1800 ; of Indiana Territory from May 7, 1800, to February 3, 1809 ; of Illinois Territry" from February 3, 1809, to April 18, 1818; and of Michigan Territory from April 18, 1818, to April 20, 1836, when the Territory of Wisconsin was created.

Crawford County, erected by proclamation of Lewis Cass, governor of Michigan Territory, October 26, 1818, included what is now Trempealeau County.'- When the Territory of Wisconsin was organized, Crawford County still contained in its vast area the present Umits of Trempealeau County. The same relation continued in early Statehood days. In 1845 the part of what is now Trempealeau County north of the Buffalo River, became a part of Chippewa County.'^' La Crosse County was created in 1851, and the same year was made to include what is now Trempealeau County south of the Buffalo River."

Jackson County, when created May 11, 1853, included all of what is now Trempealeau County south of the Buffalo River and north of the line between Townships 18 and 19, the tract south of that line remaining in La Crosse County.^*

Buffalo County, as created July 6, 1853, included all of what is now Trempealeau County, west of the line between Ranges 7 and 8, south of the Buffalo River and north of the line between Townships 18 and 19.'"

In 1854 Buffalo County was enlarged. Its northern boundary was the line between Townships 24 and 25. Its western boundary was the Chippewa River. Its southern boundary was the Mississippi and the line between Townships 18 and 19. Its western boundary was the line between Townships 18 and 19.''

Trempealeau County, then called Trempe a I'eau, was created by Act approved January 24, 1854. It had practically its present boundaries, with the exception that the southern boundary, east of where the Black River touches the southwest corner of Town 19, Range 7, ran due east on the line between Townships 18 and 19, to the line between Ranges 6 and 7, instead of following the Black River to the line between Ranges 6 and 7, as at present.'*

In 1857 the boundaries of Trempealeau and La Crosse were defined with reference to the channel of the Black River, which was made the boundary between the two counties from the line between Townships 17 and 18, to the line between Ranges 6 and 7.'" A few days earlier, the boundaries of Trempealeau and Buffalo Counties had been defined in reference to the channel and islands of the Trempealeau and Mississippi Rivers.-"

The story of the creation of two counties instead of one along the banks of the Mississippi River between La Crosse County and the Chippewa River, is typical of the days of townsite speculation. In the summer of 1853 there was a flourishing settlement at what is now Trempealeau, extending to some extent up and down the Mississippi, and spreading out across the Trempealeau Prairie. Settlers had reached Beaver Creek Valley and Judge George Gale that year bought land on which to plat the Village of Galesville. There was a thriving settlement at Holmes' Landing, now Fountain City, and a smaller one at Twelve-Mile Bluff, now Alma.

Marvin Pierce, who was something of a politician, lived at Montoville, now Trempealeau. With him were his two brothers, Wesley and James M. John Buehler was a citizen of Holmes' Landing. It is said that on a trip to his former home in Grant County, he stopped at Montoville, and interested Marvin Pierce in the proposition of estabhshing a new county. According to the story told by Buehler later in life, Marvin Pierce went up to Holmes' Landing and secured the funds with which to lobby the required bill through the legislature.^' The Act was passed July 6, 1853, one of its provisions being the location of the county seat of the newlyformed Buffalo County at Sand Prairie, Lot 1, Section 1, Township ly, Range 12, which James M. Pierce had entered at the United States Land Office a few weeks previous, on June 1.

The people of Holmes' Landing believed that their hopes of developing an important metropolis were about to be realized. Montoville was left in La Crosse County, and could never expect to rival La Crosse for county seat honors. The site of Judge Gale's proposed village was on the extreme edge of the newly-created Buffalo County, and could have no hope of securing county seat advantages. It is true that the people of Holmes' Landing were indignant that the Pierces had taken advantage of the situation and had secured the location of the county seat on a neighboring sand bar instead of actually at their village, nevertheless it was felt that the matter of persuading the supervisors to meet at the village instead of on what was practically a near-by Mississippi island, was a simple one. This feeling was fully justified, for the very first recorded gathering of the county board was held at Fountain City, and at that meeting the home of Henry Goerke, on Lot 6, Section 8, Township 19, was designated as the courthouse.

There seemed absolutely no possibility for the creation of another county between Holmes' Landing and La Crosse, for a constitutional provision prevented the division of any county having an area of 900 acres, without a vote of the people."

Judge Gale, however, was a man of considerable inventiveness and influence. He did not propose to see his village site shelved to the edge of a county. He quietly interviewed his friends who were to serve in the legislature, and secured their support for an ingenious plan that he had conceived. In pursuance with this plan the legislature first passed an Act enlarging Buffalo County, extending it to its present western and northern boundaries. Buffalo County thus containing over 900 acres, it was subject to division by the legislature, and immediately a second Act was passed, taking a tract containing Trempealeau from La Crosse County, a tier of townships from Jackson County, and two tiers of townships from Buffalo County, and naming the new county Trempealeau. The county seat was located on the northwest quarter of Section 33, Township 19, Range 8, on

Beaver Creek at Galesville. An election was to be held the first Monday in September, 1854, to designate a county judge who was to serve three years from January 1, 1855. A general election was to be held in November, 1854, to elect all county officers, whose term was to commence January 1, 1855. The board of supervisors of Montoville was to act as a board of supervisors of the county until other towns were organized and elections held.^«

For story of French, Spanish and English domain in this region, see : Moses M. Strong, Civil Government from 1512 to 1831, History of the Territory of Wisconsin (Madison, 1885), 151-165.

For story of the territories of which Trempealeau County has been a part, see: F. Curtiss-Wedge, History of Winon-a County (Chicago, 1913), 50-58. See also: Reuben Gold Thwaites, Boundaries of Wisconsin, Wis. Hist. Colls., XI, 451-501.

For story of the counties of which Trempealeau County has been a part, see: Louise Phelps Kellogg, Organization, Boundaries and Names of Wisconsin Counties, Wis. Hist. See., Proceedings, 1910, 18-4 et seq.

1 - For preliminary treaty of Nov. 3, 1762 (printed from Gentleman 's Magazine, XXXIII, 477-479), and the Quebec Act (reprinted from British Statutes at Large - iondon, 1776. XJI, 184-187), see: Thwaites, ed.. Important Western State Papers, Wis. Hist. Colls., XI, 36-60. The Proclamation of King George established four separate governments in the acquired territory, but none included Wisconsin. The Quebec Act extended the jurisdiction of Quebec to a tract of land embracing Wisconsin. But Virginia, in October, 1778, after the opening of the Revolution, claimed authority over land northwest of the Ohio, by establishing the county of Illinois, embracing a vast tract which included Wisconsin (Strong, History of the Territory of Wisconsin - Madison, 1885, 154-155). Virginia's claim was based on the King's grant in 1609 to the London Company, which concluded with the words "and all that Space and Circuit of Land Lying from the Sea-coast of the Precinct aforesaid up into the land throughout, from Sea to Sea, West and Northwest" - Carrie J. Smith, MaVing of Wisconsin (Chicago, 1908), 167.

3 - For acts of relinquishment see: Lyman J. Nash and Arthur F. Belitz, revisers, Wisconsin Annotations (Madison, 1914), 1776-1787. For map of conflicting claims, see: Smith, MaUng of Wisconsin (Chicago, 1908), 168.

6 - When Indiana was created a territory. May 7, 1800, the eastern part of the old Northwest Territory still retained its original name. This eastern division, with a change of boundary, adopted a constitution and created a state government under the name of the State of Ohio, Nov. 29, 1802. Feb. 19, 1803, Congress declared that Ohio had become one of the states of the Union. For enabling act, see: Z United Stales Statutes at Large, 173, or Wisconsin Annotations, 1914, 1796-1797. For recognition act see: S United States Statutes at Large, 201, or Wisconsin Annotations, 1914, 1798.

9 - S U. S. Statutes at Large, 514, or Wisconsin Annotations, 1914, 1800; the enabling act was passed April 18, 1818 (5 U. S. Statutes at Large, 428, or Wisconsin Annotations, 1914, 1804-1805) ; the admission act was passed Dec. 3, 1818 (,? U. S. Statutes at Large, 536, or Wisconsin Annotations, 1914, 1806). The enabling act (Section 7) attached Wisconsin to Michigan territory.