Winnebago County, Wisconsin - Chapter 37, 1880

Chapter 37

Compilation of Early Official Data of Winnebago County - i> Compiled from the Records and Other Authentic Sources, Expressly for this Work, by W. H. Webster - Organization of County - First Election - Proceedings of County Board - Elections - first Town Organization Embraces the Whole County - County E.xpenses - Locating County Seat - First Term of Court - Organization of Towns - Erection of County Buildings - Court House, Etc.

llNNEBAGO COUNTY was first set off from Brown County, by act of ^ the Legislature, January 6th, 1840, with following boundaries: North, by I the north line of Township 20; east, by the line dividing Ranges 17 and extending through Lake Winnebago; south, by the north line of Township 16, extending into the lake, until it intersects the aforesaid line, and west by the lines dividing Ranges 13 and 14 (the same as at present.)

Nathaniel Perry, Robert Cirignon, and Morgan L. Martin, were, by the same act, appointed Commissioners to locate a seat of justice at any point in the county, and to purchase the quarter section of land, for the use of the County, upon which the same was located.

We find no record showing that these duties were ever performed or any organization perfected or authorized by or under this act; but prior to this, by an act approved March 8th, 1839, a town was organized from Townships 20 and 21, Ranges 16 and 17, to be called Winnebago, the first election to be held at Perry's dwelling-house; also, the Town of

Buttcs des Morts, from Townships iSand 19, Ranges 15, 16 and the fractions in 17, the first election to be held in the house of Webster Stanley.

February 18th, 1842, an act was approved organizing the counties of Winnebago and Calumet, from and after the first Monday in April, 1843; the first election to be held in the school-house in Manchester (CalumetCounty), the firstMonday in April, 1843, the said counties to remain attached to Brown County for judicial purposes. The same date, an act authorizing Webster Stanley to keep a ferry on Section 23, Town 18, Range 16.

1842, an election was held at the house of Webster Stanley in the Town of Buttes des Morts, without authority of any kind, and town officers were elected (for result see Town of Oshkosh). This was the first election within the county, and, being unauthorized, was legalized by the Legislature, March 29, 1843.

By an act of the Legislature, approved December6 ,1836, to amend certain acts passed by the Legislature of Michigan, dated March 6th, April 17th and 22nd, 1833 it was pro- A vided " That each county within this territory now organized, or that may be hereafter organized, be, and the same is declared, one township for all purposes of raising taxes, and providing for defraying the pubHc and necessary expenses in tiie respective counties, and to regulate highways; and that there shall be elected, at the annual town meeting in each county, three supervisors, who shall perform, in addition to their duties assigned them as a county board, the duties heretofore performed by the township board. " (The clerk was also to act as county and town clerk.)

An act approved December 20, 1837, provides for the organization of a board of county commissioners to consist of three qualified electors. -

Act of April I, 1843: "The Town of Buttes des Morts, County of Winnebago, shall hereafter be known as Winnebago, embracing all territory within the limits of said county, and future elections shall be held at the house of Webster Stanley."

1843, and"on motion, W. C. Isbell was chosen moderator, and sworn by W. A. Boyd, clerk." The result was the election of Wm. C. Isbell, chairman; L. B. Porlier and Chester Ford, supervisors, and Geo. F. Wright, clerk, with a full set of officers. (See Town of Oshkosh.) These supervisors and the clerk subsequently performed the duties of the Count)- Board in pursuance of the law of December. 6, i 836, and April, 1 , 1843, already quoted, and the following is a verbatim copy of the record of proceedings at the first meetingas a county board.

Col Niv Hoard Mkets

"Board of County Super\isors met at the house of Webster Stanlej-, May i, 1843 Present, Wm. C. Isbell, Chairman, and Chester Ford, Supervisor; a quorum. Wm. W. Wright, County Treasurer, filed his bond, with C. J. Coon and Edward E. Brennan as sureties; approved. George F. Wright was unanimously appointed Clerk of Board of Supervisors. The Board adjourned to meet again on Saturday, the sixth instant, at one o'clock P. M."

May 6, Supervisors met according to adjournment. Present: Their honors, Wm. C. Isbell, Chairman, and Chester Ford, Supervisor. Voted to raise by tax, for county purposes, fifty dollars. Resolved to adopt this seal; device, an eagle holding a snake in iiis claws. May 6, 1843, covnty estimates:

Ma}- I, 1843, a special election was held for sheriff in the district; of Brown County, at the same time and place (house of Webster Stanley), and by the same officers, for judge of probate, for the district composed of Winnebago, Calumet, Fond du Lac and Marquette counties; also, for justice for the Town of Buttes des Morts; Clark Dickenson, Ebenezer Childs and Jason Wilkins, received the highest number of votes for justices, of which tliere were twenty polled, si.xteen for sheritT, and twenty-five for judge of probate.

These election returns are each certified by Wm. C. Isbell, chairman, Chester Ford, supervisor, G. F. Wright, and Clark Dicken- 1 son, clerks.

January 22, 1844, the Legislature passed an act, authorizing the voters of Winnebago to 1 vote at the next town meeting, for and againsti being attached to Fond du Lac County, fori judicial purposes; and on the twenty-sixth of the same month, to vote at the general election, on the fourth Monday in September, next, for and against State Government.

At the annual town election held at the house of Webster Stanley, April 2, 1844, for the Town of Winnebago, under act of April I, 1843, Harrison Reed was elected Chairman; Wm. C. Isbell and C. R. Luce, Supervisors; Chester Ford, Jason Wilkins and George F. Wright, Justices.

The highest number of votes cast for these officers was twenty-three. F"or being attached to Fond du Lac County, twenty-five votes; for remaining attached to Brown County, five votes.

The first county election was held the fourth Monday in September, 1844, resulting in the election'of W. C. Isbell, Register of Deeds; George F. Wright, Clerk of the Board of Supervisors; Wm. W. Wright, Treasurer; Ira F. Aiken, Cororier ; Samuel L. Brooks, District Attorney. Highest number of votes polled was nineteen. For State government, four; against, nineteen.

Representatives and members of the council were also voted for; also judge of probate, of which T. J. Townsend received twenty, and R. ¥. Eaton two. A sheriff" was also voted for.

The undersigned submit the following report of the state of the treasury, for the current year. There has been received into the treasury, of

February 22, 1845, an act was i)assed providing for the election of three commissioners, to locate the seat of justice in Winnebago Count)-.

At the annual town meeting, April, 1845, Clark Dickenson and Robert Grignon, were elected such commissioners. H. Reed and Joseph Jackson receiving an equal number of votes, a special election was held April 24th, when Harrison Reed was elected.

July i6th, the Board met at the house of Webster Stanley. Robert Grignon presented a proposition from Augustine Grignon, for locating the county seat at Big Buttes des Morts. Clark Dickenson presented a like proposition from Chester Ford, for locating near the mouth of the river; and Harrison Reed a verbal oft"er for a location on Section 27, Town 20, Range 17, near Winnebago Rapids. Board adjourned to July 3 ist.

July 31, 1845, Board met, pursuant to adjournment, and located seat of justice on land off'ered by Augustine Grignon, according to the survey of the County Surveyor, viz: Three hundred feet square in Section 24, Town 19, Range 16 (Buttes des Morts). This land was deeded by Mr. Grignon to the county October, 1845.

Organization Of Towns

In 1846, settlements were made in various parts of the county, and February 11, 1847, the Legislature set off" and organized four additional towns, viz: Buttes des Morts, (see Omro), Brighton (see Nekimi, Neenah and Rushford); also organized Winnebago (see Oshkosh). For the territory and particulars of organization of these towns, the reader is referred to their history, by the names just indicated.

February 8, 1847, three days prior to this last act, was passed an act fully organizing Winnebago County for judicial purposes, from and after Jannary i, 1848, the county seat to be located on Section 24, Town 18, Range 16, for the next three years; provided, the proprietors of said town shall furnish suitable buildings for holding court, free of cost to the county; and after the expiration of that time the voters of the county may vote on the question of raising a tax for the erection of county buildings.

March 24, 1847, proposals were offered by Miller & Wolcott, by Wm. W. Wright, andby Joseph Jackson. After due deliberation the board accepted the proposition of L. M. Miller and S. A. Wolcott, and located the present site.

April 2, 1847, L. M. Miller, Samuel H. I^"arnsworth and Sewell A. Wolcott, proprietors of the plat of the first addition to the village of Oshkosh, presented a deed of ten lots in block 19 of said addition, which was accepted

First Terms Of Court

January 12, 1848, Judge A. G. Miller of the Third Judicial district of the Territory of Wisconsin, issued an order for holding a term of court for Winnebago County, in pursuance of the act of February 8, 1847, on the second Thursday of May next at eleven o'clock in the forenoon, to which time all writs are returnable.

March 28, 1848, Edward Eastman, having been appointed clerk of said court, was, by the County Board, directed to furnish suitable rooms for the convening of the term of court on the second Thursday of May.

On the seventh of August a special election for circuit judge was held, at which Alexander W. Stowe was elected, and "October i6th a session of the Circuit Court was begun and held at the school-house in the Village of Oshkosh. Present, A. W. Stowe, Chief Justice; N. P. Tuttle, Sheriff; Edward Eastman, clerk of the late District Court. " The following persons appeared and were sworn as grandjurors: Benjamin Strong, Theodore Pillsbury, Samuel Clough, Barna Haskell, Henry C. Finch, Irvin (Erwin) Heath, Luther M. Parsons, Josiah Woodworth, J. L. Schooley, John Monroe, A. H. Green, James Woodruff, Eli Stilson,

Under the act of February 8, 1847, before m.entioned, the first court-house was erected by a subscription of the citizens, and so far completed that aterm of court convened therein April 9, 1849. This building was erected on the present court-house square.

By an act of March 15, 1849, the name of the town of Buttes des Morts was changed to Bloomingdale; and the Town of Vinland set off and organized. (See Vinland.) On the twenty-first of the same month an act was approved setting off and organizing the Town of Clayton, and on March 22, re-organizing the towns of Winnebago and Brighton.

November 7, 1849, the Town of Nepeuskun was set off from Rushford, (see Nepeuskun) and organized by the County Board in pursuance of the act of August 28, 1848; and on the same day a resolution was passed by the Count)' Board, appropriating three hundred dollars from the county treasury for buildingj a jail; provided, the people of the Town of Winnebago shall raise two hundred dolla for the same purpose; said jail to be built of oak timber, the walls and floor to be twelve inches thick, fourteen feet wide bj twenty-eight feet long, and not less than ter| feet between joists. It was voted that Alber G. Lull be employed to superintend the build ing of the jail, and instructed to let the con tract to the lowest bidder. The contract wa let to Kendrick Kimball, and the jail com pleted and accepted Februarys, 1850.

The Town of Algoma was setoffanjd organ ized by authority of the County Board, Febru ary 5, 1850 (see Algoma), and the same date by the same authority, the name of Brighto was changed to Nekimi. On the fourteenth c November of same year the Town of Blac Wolf was also set off from Nekimi and orgar ized by the County Board.

April 2, 1850, at an election held in Winnt bago County, for and against the removal c the county seat to Buttes des Morts, there we 472 votes for removal and 690 against; th towns of Algoma, Utica and Neenah not mat ing returns to the Clerk.

On the 8th of March, 1849, the boundaries of the county were largely extended by the addition of a number of townships acquired by the United States at the treaty with the Menominee Indians, October 18, 1848, and known at the time as the "Indian Land " This tract was subsequently set off to other counties at various times, until March 28, 1856, when eight townships were attached to Shawano county, and the remainder to Oconto county; again reducing the county to its present limits.

December 30, same year, the County Clerk was order to quit-claim to August Grignon the land heretofore conveyed to the county for seat of justice.

In 1853, the subject of erecting county buildings was agitated, and a petition was presented to the County Board to that end. A committee was appointed, November 19th, to consider the matter and report. This committee reported December 15, that they had examined several sites, but recommend the present one, and the erection of a fireproof building for county offices, twentyfour by thirty-four feet, and fifteen feet high, with three rooms, one for the Register, one for Clerk of the Court and Sheriff, and one for Clerk of the Board of Supervisors and Treasurer. They also reported against undertaking to build a court house and jail, until the Legislature of the State should pass an act authorizing the county to issue bonds for that purpose. This report was adopted, and Eli Stilson, Joseph H. Osborn and Seth Wyman were appointed a committee to let and superintend the erecting of the fire-proof offices. The contract was let to Markham and Dexter, who completed the low brick building, in the northwest corner of the square, which will be generally remembered. The contract was eighteen hundred and eighty-five dollars; completed in 1854.

The town of Orihula was organized by the County Board, January 4, i855i and the name subsequently changed to Wolf River. (See Town of Wolf River.)

In November, 1856, representations having been made to the Board of Supervisors, that no suitable place could be found for holding court, Mr. Markham, one of the members, submitted a resolution for the appointment of a committee of five, to enquire into the expediency of erecting county buildings, to procure plans, specifications and estimates; and to enquire into, and report as to the proper manner of raising funds therefor. This resolution was adopted November 13, 1856, and Messrs. William Markham, Theodore Schintz, Andrew Merton, Charles Weisbrod, and C. L. Rich were appointed such committee. January 15, 1857, the committee recommended a plan, and the erection of buildings this year, provided they do not cost over twenty-five hundred dollars.*

This report being adopted, proposals were received, and on the fourth of March following a resolution was adopted letting the contract to A.V. Parker, the lowest bidder, forthesum of $23,975. Nothing further seems to have been done towards the final consummation of this enterprise, until January 28, 1859, when a resolution was adopted by the Board of Supervisors, to appoint a committee of three to enter into a contract for the erection of county buildings, and superintend the same, limited to a cost of fifteen thousaijd dollars. Messrs Eli Stilson, of ' the Oshkosh Assembly District, D. K. Pingborn, of the North District, and G. Miller, of the South District, were appointed, and on the 29th of January, a resolution was adopted "that the contract with A. V. Parker, in relation to county buildings (if any exist, or ever did exist) is hereby declared void, and the said Parker ishereb)' notified to that effect."

November 17, 1S59, the committee reported "that they had let the contract for building the court house and jail for a sum not to exceed fifteen thousand dollars, and over twelve thousand if the work was completed." The contracts were made March 25, 1859, for masonry with A. W. Parker; carpentery with Sharpe & Fitzgerald; iron work with Moore and Wells. A resolution was adopted November 18, 1859, to raise twenty-threehundred dollars additional

The laws relating to county government, have, from the first organization of the territory, received their full share of attention, and scarcely a legislative session has passed during that time, without additions, alterations, or repeals in some form; often of little or no consequence, while occasionally the whole system has undergone a change.

The original law, of December 6, 1836, provided that there should be but one town in each county; that three supervisors should perform the functions of town and county government. In December, 1837, a law was enacted for the organization of a county board in each county, called a Board of Commissioners, to consist of three persons, to be elected at the general election. This system of three commissioners seems to have prevailed (with various changes as to powers and duties) until 1 841.

February 18, of that year, an act was approved providing that the chairman of the Board of Supervisors of each town shall meet at some place within the county, and shall constitute a county board of supervisors, and in cases where there was but one town in the county, the supervisors of the town should also officiate as county board.

It was not until 1 847 that Winnebago County could boast of more than one town, and to that time was consequently governed by three supervisors.

By act approved March 8, 1861, that system was abolished, and providing for the election of three supervisors in each county, except when there arc three or more assembly districts in the county, when one supcrx'isor shall be elected from each assemblj- district, and in case of an even nun^ber of districts, a supervisor at large.

Again, March 16, 1870, an act was approved repealing the last-mentioned law, reviving and reinstating the previous law, authorzing the chairman of each town board, and supervisors from cities, duly authorized, to constitute a count}' board.